HomeMy WebLinkAboutContract 26747 CITY OF FORT WORTH, TEXAS CRY SECRETARy
STANDARD AGREEMENT FOR ENGINEERING SERVICESCONTRACT
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This AGREEMENT is between the City of Fort Worth (the "CITY") , and Freese
and Nichols , Inc. (ENGINEER) , for a PROJECT generally described as Alliance
Airport Southwest Access Taxiway and Cargo Apron.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to ENGINEER will be made as follows:
A. Invoice and Payment
(1) ENGINEER shall provide the CITY sufficient documentation to
reasonably substantiate the invoices.
(2) Monthly invoices will be issued by ENGINEER for all work
performed under this AGREEMENT. Invoices are due and payable
within 30 days of receipt.
(3) Upon completion of services enumerated in Article I , the final
payment of any balance will be due within 30 days of receipt
of the final invoice.
(4) In the event of a disputed or contested billing, only that
portion so contested will be withheld from payment, and the
undisputed portion will be paid. The CITY will exercise
reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing
until mutually resolved.
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(5) If the CITY fails to make payment in full to ENGINEER for
billings contested in good faith within 60 days of the amount
due, ENGINEER may, after giving 7 days' written notice to
CITY, suspend services under this AGREEMENT until paid in
full , including interest. In the event of suspension of
services, the ENGINEER shall have no liability to CITY for
services .
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
ENGINEER will serve as the CITY's professional engineering
representative under this AGREEMENT, providing professional
engineering consultation and advice and furnishing customary
services incidental thereto.
B. Standard of Care
The standard of care applicable to ENGINEER's services will be the
degree of skill and diligence normally employed in the State of
Texas by professional engineers or consultants performing the same
or similar services at the time such services are performed.
C. Subsurface Investigations
(1) ENGINEER shall advise the CITY, with regard to the necessity
for subcontract work such as special surveys, tests , test
borings, or other subsurface investigations in connection with
design and engineering work to be performed hereunder.
ENGINEER shall also advise the CITY concerning the results of
same. Such surveys, tests, and investigations shall be
furnished by the CITY, unless otherwise specified in
Attachment A.
(2) In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary
significantly between successive test points and sample
intervals and at locations other than where observations,
exploration, and investigations have been made. Because of
the inherent uncertainties in subsurface evaluations , changed
or unanticipated underground conditions ld
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affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the
responsibility of ENGINEER.
D. Preparation of Engineering Drawings
ENGINEER will provide to the CITY the original drawings of all plans
in ink on reproducible plastic film sheets, or as otherwise approved
by CITY, which shall become the property of the CITY. CITY may use
such drawings in any manner it desires; provided, however, that
ENGINEER shall not be liable for the use of such drawings for any
project other than the PROJECT described herein.
E. ENGINEER's Personnel at Construction Site
(1) The presence or duties of ENGINEER's personnel at a
construction site, whether as on-site representatives or
otherwise, do not make ENGINEER or its personnel in any way
responsible for those duties that belong to the CITY and/or
the CITY's construction contractors or other entities, and do
not relieve the construction contractors or any other entity
of their obligations, duties, and responsibilities, including,
but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction
work in accordance with the Contract Documents and any health
or safety precautions required by such construction work.
ENGINEER and its personnel have no authority to exercise any
control over any construction contractor or other entity or
their employees in connection with their work or any health or
safety precautions.
(2) Except to the extend of specific site visits expressly
detailed and set forth in Attachment A, ENGINEER or its
personnel shall have no obligation or responsibility to visit
the construction site to become familiar with the progress or
quality of the completed work on the PROJECT or to determine,
in general , if the work on the PROJECT is being performed in
a manner indicating that the PROJECT, when completed, will be
in accordance with the Contract Documents or the agreement
between CITY and ENGINEER be construed as requiring ENGINEER
to make exhaustive or continuous on-site inspections to
discover latent defects in the work or otherwise check the
quality or quantity of the work on the PROJECT. If, for any
reason, the ENGINEER should make an on-site observation(s) , on
the basis of such on-site observations, if any, ENGINEER shall
endeavor to keep the CITY informed of any deviation from the
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Contract Documents coming to the actual notice of ENGINEER
regarding the PROJECT.
(3) When professional certification of performance or
characteristics of materials, systems or equipment is
reasonably required to perform the services set forth in the
such certification to establish materials, systems, or
equipment and performance criteria to be required in the
Contract Documents.
F. Opinions of Probable Cost, Financial Considerations , and Schedules
(1) ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in
accordance with Attachment A.
(2) In providing opinions of cost, financial analyses, economic
feasibility projections, and schedules for the PROJECT,
ENGINEER has no control over cost or price of labor and
materials; unknown or latent conditions of existing equipment
or structures that may affect operation or maintenance costs;
competitive bidding procedures and market conditions; time or
quality of performance by third parties; quality, type,
management, or direction of operation personnel ; and other
economic and operational factors that may materially affect
the ultimate PROJECT cost or schedule. Therefore, ENGINEER
makes no warranty that the CITY's actual PROJECT costs,
financial aspects, economic feasibility, or schedules will not
vary from ENGINEER's opinions, analyses, projections, or
estimates.
G. Construction Progress Payments
Recommendations by ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on
ENGINEER's knowledge, information, and belief from selective
sampling and observation that the work has progressed to the point
indicated. Such recommendations do not represent that continuous or
detailed examinations have been made by ENGINEER to ascertain that
the construction contractor has completed the work in exact
accordance with the Contract Documents; that the final work will be
acceptable in all respects; that ENGINEER has made an examination to
ascertain how or for what purpose the construction contractor has
used the moneys paid; that title to any of the work, materials, or
equipment has passed to the CITY free and clear of liens, claims,
security interests, or encumbrances; or that there are not other
matters at issue between the CITY and the construction contractor
that affect the amount that should be paid.
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H. Record Drawings
Record drawings, if required, will be prepared, in part, on the
basis of information compiled and furnished by others, and may not
always represent the exact location, type of various components, or
exact manner in which the PROJECT was finally constructed. ENGINEER
is not responsible for any errors or omissions in the information
from others that is incorporated into the record drawings.
I . Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 11923, the CITY has
goals for the participation of minority business enterprises and
woman business enterprises in City contracts. ENGINEER acknowledges
the M/WBE goal established for this contract and its commitment to
meet that goal . Any misrepresentation of facts (other than a
negligent misrepresentation) and/or the commission of fraud by
ENGINEER may result in the termination of this AGREEMENT and
debarment from participating in City contracts for a period of time
of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall , until the expiration of
three (3) years after final payment under this contract, have
access to and the right to examine and photocopy any directly
pertinent books , documents , papers and records of ENGINEER
involving transactions relating to this contract. ENGINEER
agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be
provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this
section. The CITY shall give ENGINEER reasonable advance
notice of intended audits.
(2) ENGINEER further agrees to include all its subconsultant
agreements hereunder a provision to the effect that the
subconsultant agrees that the CITY shall , until the expiration
of three (3) years after final payment under the subcontract,
have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of
such subconsultant, involving transactions to the
subcontracts, and further, that the CITY shall have access
during normal working hours to all subconsultant facilities,
and shall be provided adequate and appropriate work space, in
order to conduct audits in compliance with the provisions of
this article together with subsection (3) hereof. CITY shall
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give subconsultant reasonable advance notice of intended
audits.
K. ENGINEER's Insurance
(1) Insurance Coverage and Limits:
ENGINEER shall provide to the CITY certificate(s) of insurance
documenting policies of the following coverage at minimum
limits which are to be in effect prior to commencement of work
on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent
limits of coverage if written on a split limits basis) .
Coverage shall be on any vehicle used in the course of
the PROJECT.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim/annual aggregate
(2) Certificates of insurance evidencing that ENGINEER has
obtained all required insurance shall be delivered to the CITY
prior to ENGINEER proceeding with the PROJECT.
(a) Applicable policies shall, be endorsed to name the CITY
an Additional Insured thereon, as its interests may
appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects
the contracted services.
(b) Certificate(s) of insurance shall document that
insurance coverages specified according to items section
K. (1) and K. (2) of this agreement are provided under
applicable policies documented thereon.
(c) Any failure on part of the CITY to request required
insurance documentation shall not constitute a waiver of
the insurance requirements.
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(d) A minimum of thirty (30) days notice of cancellation,
non-renewal or material change in coverage shall be
provided to the CITY. A ten (10) day notice shall be
acceptable in the event of non-payment of premium. Such
terms shall be endorsed onto ENGINEER's insurance
policies. Notice shall be sent to the respective
Department Director (by name) , City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do
business in the state of Texas or be otherwise approved
by the CITY; and, such insurers shall be acceptable to
the CITY in terms of their financial strength and
solvency.
(f) Deductible limits, or self insured retentions, affecting
insurance required herein may be acceptable to the CITY
at its sole discretion; and, in lieu of traditional
insurance, any alternative coverage maintained through
insurance pools or risk retention groups must be also
approved. Dedicated financial resources or letters of
credit may also be acceptable to the CITY.
(g) Applicable policies shall each be endorsed with a waiver
of subrogation in favor of the CITY as respects the
PROJECT.
(h) The CITY shall be entitled, upon its request and without
incurring expense, to review ENGINEER's insurance
policies including endorsements thereto and, at the
CITY's discretion, ENGINEER may be required to provide
proof of insurance premium payments.
(i ) The Commercial General Liability insurance policy shall
have no exclusions by endorsements unless such are
approved by the CITY.
(j) The Professional Liability insurance policy, if written
on a claims made basis shall be maintained by ENGINEER
for a minimum two (2) year period subsequent to the term
of the respective PROJECT contract with the CITY unless
such coverage is provided ENGINEER on an occurrence
basis.
(k) The CITY shall not be responsible for the direct payment
of any insurance premiums required by this agreement.
It is understood that insurance cost is an allowable
component of ENGINEER's overhead.
(1 ) All insurance required in Section K. , except for the
Professional Liability insurance policy, shall be
written on an occurrence basis in order to be approved
by the CITY.
(m) Subconsultants to ENGINEER shall be required by ENGINEER
to maintain the same or reasonably equivalent insurance
coverage as required for ENGINEER. When insurance
coverage is maintained by subconsultants, ENGINEER shall
provide CITY with documentation thereof on a certificate
of insurance. Notwithstanding anything to the contrary
contained herein, in the event a subconsultant's
insurance coverage is cancelled or terminated, such
cancellation or termination shall not constitute a
breach by ENGINEER of the AGREEMENT.
L. Independent Consultant
ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
ENGINEER acknowledges to the CITY it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts
if interest, including personal financial interest, direct or
indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. ENGINEER further
acknowledges that it will make disclosure in writing of any
conflicts of interest which develop subsequent to the signing of
this contract and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are
encountered or suspected, ENGINEER will stop its own work in
the affected portions of the PROJECT to permit testing and
evaluation.
(2) If asbestos or other hazardous substances are suspected,
ENGINEER will , if requested, assist the CITY in obtaining the
services of a qualified subcontractor to manage the
remediation activities of the PROJECT.
0. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply
with published design criteria and/or current e ni_q
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standards which ENGINEER should have been aware of at the time this
AGREEMENT was executed, ENGINEER shall revise plans and
specifications as required, at its own cost and expense. However,
if design changes are required due to the changes in the permitting
authorities' published design criteria and/or practice standards
criteria which are published after the date of this AGREEMENT which
ENGINEER could not have been reasonably aware of, ENGINEER shall
notify the CITY of such changes and an adjustment in compensation
will be made through an amendment to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
The CITY will make available to ENGINEER all technical data in the
CITY's possession relating to ENGINEER's services on the PROJECT.
ENGINEER may rely upon the accuracy, timeliness, and completeness of
the information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to ENGINEER as required
for ENGINEER's performance of its services and will provide labor
and safety equipment as required by ENGINEER for such access. The
CITY will perform, at no cost to ENGINEER, such tests of equipment,
machinery, pipelines, and other components of the CITY's facilities
as may be required in connection with ENGINEER's services. The CITY
will be responsible for all acts of the CITY's personnel .
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will
obtain, arrange, and pay for all advertisements for bids: permits
and licenses required by local , state, or federal authorities: and
land, easements, rights-of-way, and access necessary for ENGINEER's
services or PROJECT construction.
D. Timely Review
The CITY will examine ENGINEER's studies, reports, sketches,
drawings, specifications, proposals, and other documents : obtain
advice of an attorney, insurance counselor, accountant, auditor,
bond and financial advisors, and other consultants as the CITY deems
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appropriate; and render in writing decisions required by the CITY in
a timely manner in accordance with the project schedule in
Attachment E.
E. Prompt Notice
The CITY will give prompt written notice to ENGINEER whenever the
CITY observes or becomes aware of any development that affects the
scope or timing of ENGINEER's services or of any defect in the work
of ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law, the CITY will
indemnify and release ENGINEER and its officers, employees,
and subcontractors from all claims, damages, losses, and
costs, including, but not limited to, attorney's fees and
litigation expenses arising out of or relating to the
presence, discharge, release, or escape of hazardous
substances, contaminants, or asbestos on or from the PROJECT.
Nothing contained herein shall be construed to require the
CITY to levy, assess, or collect any tax to fund this
indemnification.
(2) The indemnification and release required above shall not apply
in the event the discharge, release, or escape of hazardous
substances, contaminants, or asbestos is a result of
ENGINEER's negligence or if such hazardous substance,
contaminant, or asbestos is brought onto the PROJECT by
ENGINEER.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the
provisions of Article IV.E. regarding ENGINEER's Personnel at
Construction Site, and provisions providing contractor
indemnification of the CITY and ENGINEER for contractor's
negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all
contracts with construction contractors and equipment or
materials suppliers:
"Contractors, subcontractors, and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against ENGINEER, its officers, employees, and
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subcontractors, for any claim arising out of, in connection
with, or resulting from the engineering services performed.
Only the CITY will be the beneficiary of any undertaking by
ENGINEER. "
(2) This AGREEMENT gives no rights or benefits to anyone other
than the CITY and ENGINEER and there are no third-party
beneficiaries.
(3) The CITY will include in each agreement it enters into with
any other entity or person regarding the PROJECT a provision
that such entity or person shall have no third-party
beneficiary rights under this AGREEMENT.
(4) Nothing contained in this section V.H. shall be construed as
a waiver of any right the CITY has to bring a claim against
ENGINEER.
I . CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-
existing structures associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance
is maintained at the replacement cost value of the PROJECT.
The CITY may provide ENGINEER a copy of the policy or
documentation of such on a certificate of insurance.
(3) The CITY will specify that the Builders Risk/Installation
insurance shall be comprehensive in coverage appropriate to
the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of ENGINEER for
required or requested assistance to support, prepare, document,
bring, defend, or assist in litigation undertaken or defended by the
CITY. In the event CITY requests such services of ENGINEER, this
AGREEMENT shall be amended or a separate agreement will be
negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect ENGINEER's cost
of or time required for performance of the services, an equitable
adjustment will be made through an amendment to this AGREEMENT with
appropriate CITY approval .
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Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work
products of ENGINEER, whether in hard copy or in electronic form,
are instruments of service for this PROJECT, whether the PROJECT is
completed or not. Reuse, change, or alteration by the CITY or by
others acting through or on behalf of the CITY of any such
instruments of service without the written permission of ENGINEER
will be at the CITY's sole risk. The final designs, drawings,
specifications, and documents shall be owned by the CITY.
C. Force Majeure
ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events
beyond the control of ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the CITY for
convenience on 30 days' written notice. This AGREEMENT may be
terminated by either the CITY or ENGINEER for cause if either
party fails substantially to perform through no fault of the
other and does not commence correction of such nonperformance
with 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the
CITY, ENGINEER will be paid for termination expenses as
follows:
(a) Cost of reproduction of partial or complete studies,
plans, specifications, or other forms of ENGINEER's work
product.
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(b) Out-of-pocket expenses for purchasing storage
containers, microfilm, electronic data files, and other
data storage supplies or services.
(c) The time requirements for ENGINEER's personnel to
document the work underway at the time of the CITY's
termination for convenience so that the work effort is
suitable for long time storage.
(3) Prior to proceeding with termination services, ENGINEER will
submit to the CITY an itemized statement of all termination
expenses. The CITY's approval will be obtained in writing
prior to proceeding with termination services.
E. Suspension, Delay, or Interruption of Work
The CITY may suspend, delay, or interrupt the services of ENGINEER
for the convenience of the CITY. In the event of such suspension,
delay, or interruption, an equitable adjustment in the PROJECT's
schedule, commitment, and cost of ENGINEER's personnel and
subcontractors, and ENGINEER's compensation will be made.
F Indemnification
(1) ENGINEER agrees to indemnify and defend the CITY from any
loss , cost, or expense claimed by third parties for any
property damage and bodily injury, including death, caused
solely by the negligence or willful misconduct of ENGINEER,
its employees , officers, and subcontractors in connection with
the PROJECT.
(2) If the negligence or willful misconduct of both ENGINEER and
the CITY (for a person identified above for whom each is
liable) is a cause of such damage or injury, the loss, cost,
or expense shall be shared between ENGINEER and the CITY in
proportion to their relative degrees of negligence or willful
misconduct as determined pursuant to T.C.P. & R. Code, Section
33.011(4) (Vernon Supplement 1996) .
G. Assignment
Neither party will assign all or any part of this AGREEMENT without
the prior written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are
business understandings between the parties and shall apply to-all
the different theories of recovery, including breach of contract or
warranty, tort including negligence, strict or statutory liability,
or any other cause of action, except for willful misconduct or gross
negligence for limitations of liability and sole negligence for
indemnification. Parties means the CITY and ENGINEER and their
officers, employees, agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this
AGREEMENT, its interpretation and performance, and any other claims
related to it. The venue for any litigation related to this
AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between
the CITY and ENGINEER arising out of, or in connection with
this AGREEMENT or the PROJECT, or any breach of any obligation
or duty of CITY or ENGINEER hereunder, will be submitted to
mediation. If mediation is unsuccessful , the claim, dispute,
or other matter in question shall be submitted to arbitration
if both parties acting reasonably agree that the amount of the
dispute is likely to be less than $50,000, exclusive of
attorney's fees, costs, and expenses. Arbitration shall be in
accordance with the Construction Industry Arbitration Rules of
the American Arbitration Association or other applicable rules
of the Association then in effect. Any award rendered by the
arbitrators less than $50,000, exclusive of attorney's fees,
costs, and expenses, will be final , judgement may be entered
thereon in any court having jurisdiction, and will not be
subject to appeal or modification except to the extent
permitted by Sections 10 and 11 of the Federal Arbitration Act
(9 U.S.C. Sections 10 and 11) .
(2) Any award greater than $50,000, exclusive of attorney's fees,
costs, and expenses, may be litigated by either party on a de
novo basis. The award shall become final ninety (90) days
from the date same is issued. If litigation is filed by
either party within said ninety (90) day period, the award
shall become null and void and shall not be used by either
party for any purpose in the litigation.
L. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for
any reason to be invalid, illegal , or unenforceable in any respect,
such invalidity, illegality, or unenforceability will not affect any
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other provision, and this AGREEMENT shall be construed as if such
invalid, illegal , or unenforceable provision had never been
contained herein. Articles V.F. , VI.B. , VIH. , VI. I. , and VI.J.
shall survive termination of this AGREEMENT for any cause.
M. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and
State laws and regulations and with all CITY ordinances and
regulations which in any way affect this AGREEMENT and the work
hereunder, and shall observe and comply with all orders, laws,
ordinances, and regulations which may exist or may be enacted later
by governing bodies having jurisdiction or authority for such
enactment. No plea, of misunderstanding or ignorance thereof shall
be considered. ENGINEER agrees to defend, indemnify and hold
harmless CITY and all of its officers, agents, and employees from
and against all claims or liability arising out of the violation of
any such order, law, ordinance, or regulation, whether it be by
itself or its employees.
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• Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules , constitutes the
entire AGREEMENT, supersedes all prior written or oral understandings , and may
only be changed by a written amendment executed by both parties. The following
attachments and schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Exhibit A-1 - Project Layout
Attachment B - Compensation
Exhibit B-1 - Fee Summary
Attachment C - Supplemental Obligations of ENGINEER
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to
be signed in quintuplet in its name and on its behalf, by its Assistant City
Manager and attested by its City Secretary, with the Corporate Seal affixed, and
the Engineer also has properly executed this instrument in quadruplet copies each
of which is deemed an original .
EXECUTED this � 7 qday of A.D. , ofIq
.
A T: CITY OF FORT WORTH
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1 ori a P arson Mike Groomer
City Secretary Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY
FREESE AND NICHOLS, INC.
Assist City Attorney
ATTEST: By:
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Robert F. Pence, P. E.
Senior Vice President
APPROVAL RECOMMENDED:
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By: LAX Contract Authorization
A. Douglas Rademaker, P. E. ` L7
Director, Engineering Department Date ---
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ATTACHMENT A
SCOPE OF SERVICES
I. DESIGN SERVICES
A. Project site visits and coordination with Alliance Air Services management staff, the
Texas Department of Transportation and/or the FAA Southeast Region Airports
Division as required.
B. Develop a detailed design schedule.
C. Develop a Geotechnical Scope of Work and engage the services of a subconsultant
geotechnical engineering firm.
D. Design the Access Taxiway pavement and design the Cargo Apron.
E. Provide design surveys required for preparation and development of Contract
Documents.
F. Prepare the construction documents for the project. The design shall include grading,
paving, drainage, pavement markings, apron lighting, edge lighting, and airfield
signing for the Access Taxiway and Cargo Apron.
G. Prepare and distribute minutes of all design and coordination minutes.
H. Prepare and submit probable cost estimates for each project.
I. Prepare and submit an engineering report for the drainage, electrical load calculations
as needed, pavement section design calculations, and geotechnical reports. This
engineering report shall be submitted with each preliminary plan submittal and with
the final plan submittal.
J. Prepare and submit preliminary plans (35%, 75%, 95%), and technical specifications.
K. Attend periodic design meetings.
L. Coordinate with FAA and Alliance Air Services and attend FAA meetings and
incorporate approved comments into the plans.
M. Prepare and submit final plans (100%)and technical specifications for review.
N. Coordinate and review the City's Invitations to Bidders, Instructions to Bidders,
Contract and Bond Forms, General Provisions and Special Provisions for the airfield
improvement project.
O. Write responses to all review comments, including explanation of action taken for
concurrence or rationale for nonconcurrence. The written responses are required to
be submitted no later than one week after receiving the comments.
P. Incorporate review comments, except those not approved by Alliance Air Services.
Q. Prepare and submit Contract Documents for bidding and construction.
R. Prepare addenda as required for clarification.
S. At the 95% submittal, furnish Alliance Air Services a fully executed "Certification of
Plans and Specifications" and a "Sponsor Certification for Selection of Consultants"
for all projects funded by the Federal Aviation Administration (FAA) Airport
Improvement Program (AIP).
MCIA HMO ED
RACONCRACT\2001TORT WORTMALLIANCE-A.doc 1 r i K MARY
T. Provide two full-size Mylar reproducible sets of completed construction documents
marked"Issued for Bidding," one to the City and one to Alliance Air Services.
U. Provide two full-size and two half-size Mylar reproducible sets, one to Alliance Air
Services and one to the City, after the award of the construction contract. These sets
shall include incorporation of all addenda items and shall be marked "Issued for
Construction"and dated in the revision block.
II. DELIVERABLES
A. Due dates for the following design deliverables except the 100% Contract Documents
will be determined by the consultant after consultant receives the Notice to Proceed.
B. Five sets of 35% design drawings and outline specifications for review and sign-off.
C. Five sets of 75% complete construction drawings and specifications for review.
D. Five sets of 95% complete construction drawings, technical specifications, general
and special provisions,and general requirements.
E. Five sets of 100% complete construction drawings, technical specifications, general
and special provisions, and general requirements.
F. One set of completed "Issued for Bid" Mylar reproducible construction documents
and specifications for bidding and distribution.
G. One full size set and one half-size set of "Issued for Construction" Mylar
reproducibles.
H. Transfer to Alliance Air Services the original drawings in Microstation version 5.0 or
later CAD files, with adequate file documentation including file and level assignment
lists, and specifications in the latest version of WordPerfect or Microsoft Word
format as directed by Alliance Air Services' representative with all addendum
changes, clarifications, and modifications incorporated.
III. CONSTRUCTION SUPPORT SERVICES -NOT APPLICABLE
IV. DESIGN CRITERIA
A. Provide a qualified representative(s) to attend periodic design coordination meetings
and any other meetings upon request from Alliance Air Services.
B. Satisfy FAA and Texas Department of Transportation design criteria.
C. Comply with applicable Federal Aviation Administration (FAA) Advisory Circular
for design.
D. Coordinate with Alliance Air Services to develop special work sequence or schedule
(if required), including permits,time restrictions,access,phasing,etc.
E. Develop list of basic design assumptions for Alliance Air Services approval.
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RACONTRACT12001WORT WORTMAI.LIANCE-A.doc 2 �� ��' ' ar
ATTACHMENT B
COMPENSATION
The ENGINEER shall be paid a total lump sum fee of Three Hundred Sixty-Seven
Thousand Six Hundred Twenty Dollars ($367,620), on the basis of statements prepared
from the books and records of the account of the ENGINEER.
The aggregate of the monthly partial payments shall not exceed the following:
A. Until satisfactory completion of Preliminary Engineering Report, survey,
geotechnical report and 15%design effort, a sum not to exceed 40 percent of the
maximum fee.
B. Until satisfactory completion of drainage design and 65 percent design effort, a sum
not to exceed 75 percent of the maximum fee, less previous payments.
C. Until satisfactory completion of the design and bid documents, 100 percent of the
maximum fee, less previous payments.
�vLRY
RACONTRACT\2001TORT WORTMALLIANCE-B.doc 1
a
Exhibit B-1
Fee Summary
Total Fee $367,620.00
Percent of
M/DBE Project Team Fee Summary Fee Total Fee Service
Arredondo, Zepeda& Brunz, Inc. $75,000.00 20% Drainage Design
A.N.A. Consultants $13,000.00 4% Design Survey
Terra-Mar Consultants $7,513.00 2% Design Geotechnical Report
Subtotal $95,513.00 26%
Remaining Project Team
Chiang, Patel&Yerby, Inc. $26,900.00 Deicing Study
Freese& Nichols, Inc. $245,207.00 Paving, Grading, Airfield Lighting,
Deicing Facilities
Subtotal $272,107.00
ATTACHMENT C
SUPPLEMENTAL OBLIGATIONS OF ENGINEER
Amend the following sections of the City of Fort Worth, Texas Standard Agreement for
Engineering Services:
Article IV - Obligations of the Engineer
Delete Paragraph E ENGINEER's Personnel at Construction Site.
Delete Paragraph G Construction Progress Payments.
Delete Paragraph H Record Drawings.
Delete Paragraph N Asbestos or Hazardous Substances.
RACONTRAM001TORT WORTMAUI NCE-C.DOC Attachment C-1 0j fflC AL VIECGG�®
C0 �fGQ,EaQ y
Ra KNIT% TE{.
City of Fort Worth, Texas
Mayor and Council
Communication
DATE REFERENCE NUMBER LOG NAME PAGE
3/20/01 **C-18500 1 30APRON 1 of 1
SUBJECT AWARD OF ENGINEERING SERVICES CONTRACT TO FREESE AND NICHOLS,
INC. FOR THE ALLIANCE AIRPORT SOUTHWEST ACCESS TAXIWAY AND CARGO
APRON
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering services
contract with Freese and Nichols, Inc. for the Alliance Airport southwest access taxiway and cargo
apron in the amount of $367,620.00.
DISCUSSION:
On November 9, 1999 (M&C G-12728), the City Council authorized the City Manager to apply for and
accept a grant from the Federal Aviation Administration in the amount of $6,477,310. The grant is to be
used to fund the design and construction of a cargo apron and taxiway located at the southwest corner
of Alliance Airport. Federal participation under the grant is $5,829,579, and the City's participation of
$647,731 is from in-kind credit that the City has as a result of land donated for the original airport and
additional land donated for this project.
The recommended contract with Freese and Nichols, Inc. includes design services for the taxiway and
apron along with a detention pond, deicing facilities, and fuel tanks.
Construction survey, geotechnical services, and construction phase services are not included in this
contract.
Freese and Nichols, Inc. is in compliance with the City's D/M/WBE Ordinance by committing to 26%
DBE participation. The City's goal on this project is 26%.
This project is located in COUNCIL DISTRICT 2, Mapsco 7P.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Grants Fund.
MG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140
Originating Department Head:
A.Douglas Rademaker 6157 (from) APPROVED 3-20-01
GR76 539120 1 055218565010 1 $367,620.00
Additional Information Contact:
City of Fort Worth, Texas
Mayor and Council
Communication
DATE REFERENCE NUMBER LOG NAME PAGE
3/20/01 **C-18500 1 30APRON 2 of 1
SUBJECT AWARD OF ENGINEERING SERVICES CONTRACT TO FREESE AND NICHOLS,
INC. FOR THE ALLIANCE AIRPORT SOUTHWEST ACCESS TAXIWAY AND CARGO
APRON
A.Douglas Rademaker 6157