HomeMy WebLinkAboutContract 33762 CITY SECRETARY ,�2 �
CONTRACT NO.
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and DMJM Aviation Inc.
(the "ENGINEER"), for a PROJECT generally described as: Consulting Services with DMJM
Aviation, Inc. for the Fort Worth Alliance Airport.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) Monthly invoices will be issued by the 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.
(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, the ENGINEER may, after
giving seven (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
delays or damages caused the CITY because of such suspension of
services.
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Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The 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 the 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) The 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. The 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 may occur that could affect the total PROJECT
cost and/or execution. These conditions and cost/execution effects are not
the responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The 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 the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
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E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction
site, whether as on-site representatives or otherwise, do not make the
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. The 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 extent of specific site visits expressly detailed and set forth in
Attachment A, the 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, nor shall anything in 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, the ENGINEER shall endeavor to keep the
CITY informed of any deviation from the 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 Scope of Services, the ENGINEER shall be entitled
to rely upon 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) The 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, the 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 qualify of performance by third parties; quality, type, management,
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or direction of operating personnel; and other economic and operational
factors that may materially affect the ultimate PROJECT cost or schedule.
Therefore, the ENGINEER makes no warranty that the CITY's actual
PROJECT costs, financial aspects, economic feasibility, or schedules will
not vary from the ENGINEER's opinions, analyses, projections, or
estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
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 the 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 the 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.
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. The 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 the
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 the 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
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compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in 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 subcontract, 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 give
subconsultant reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photo copy such documents as
may be requested by the CITY. The CITY agrees to reimburse ENGINEER
for the cost of copies at the rate published in the Texas Administrative Code
in effect as of the time copying is performed.
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 the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
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(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.
(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) days 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 the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion, the ENGINEER
may be required to provide proof of insurance premium payments.
(1) 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 the 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
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the 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 the ENGINEER shall be required by the
ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the 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
canceled or terminated, such cancellation or termination shall not
constitute a breach by ENGINEER of the Agreement.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and
not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest, including
personal financial interest, direct or indirect, in property abutting the proposed
PROJECT and business relationships with abutting property cities. The
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, the 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, the ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the ENGINEER
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should have been aware of at the time this Agreement was executed, the
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 the ENGINEER could
not have been reasonably aware of, the 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 the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
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 the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will perform,
at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection with the
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 the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the 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 appropriate; and render in writing decisions
required by the CITY in a timely manner in accordance with the project schedule in
Attachment D.
E. Prompt Notice
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The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or timing of
the ENGINEER's services or of any defect in the work of the 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 the ENGINEER's Personnel at Construction Site, and provisions
providing contractor indemnification of the CITY and the 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 the ENGINEER, its officers, employees, and
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 the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the
CITY and the 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.
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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 the 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 the 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 the 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.
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 the
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 the ENGINEER will
be at the CITY's sole risk. The final designs, drawings, specifications and
documents shall be owned by the CITY.
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C. Force Majeure
The 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 the
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 the 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 five (5) days of written notice and diligently
complete the correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
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;
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 the ENGINEER'S personnel to document
the work underway at the time the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the 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 to Work
The CITY may suspend, delay, or interrupt the services of the 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 the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will
be made.
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F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful
misconduct of the ENGINEER, its employees, officers, and subcontractors
in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the CITY
(or 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 the
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 the ENGINEER, and their officers, employees,
agents, and subcontractors.
1. 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,
judgment may be entered thereon in any court having jurisdiction, and will
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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.
K. 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 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., VI.D., VI.H., VI.►., and VI.J. shall survive
termination of this AGREEMENT for any cause.
L. 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 Vll
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
Attachment B-Compensation
ATTEST: CITY OF FORT WORTH
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BYAWA09"
Alfty
Marty A. Hen x arc A. Ott
City Secretary As stant City Manager
. � APPROVED
ContLal L nutaiorizatlon V-1
A. Douglas Rademaker, P.E.
Date 0�–w — Director, Engineering Department
APPROVED AS TO FORM
AND LEGALITY
DMJM Aviation. Inc.
ENGINEER
By J eratan P.E.
As ' tant, ity orney Sr. Vice President and CAO
Title
AAEPA
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i
ATTACHMENT"A"
General Scope of Services
"Scope of Services set forth herein can only be modified by additions, clarifications, and/or
deletions set forth in the supplemental Scope of Services. In cases of conflict between the
Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope of
Services shall have precedence over the General Scope of Services."
GENERAL
1) Preliminary Conference with City
The Engineer shall attend preliminary conferences with authorized representatives of the
City regarding the scope of project so that the plans and specifications which are to be
developed hereunder by the Engineer will result in providing facilities which are economical
in design and conform to the City's requirements and budgetary constraints.
2) Coordination with Outside Agencies/Public Entities
The Engineer shall coordinate with officials of other outside agencies as may be necessary
for the design of the proposed street, and storm drain and/or water and wastewater facili-
ties/improvements. It shall be the Engineer's duty hereunder to secure necessary
information from such outside agencies, to meet their requirements.
3) Geotechnical Investigations
The Engineer shall advise the City of test borings, and other subsurface investigations that
may be needed. In the event it is determined necessary to make borings or excavate test
holes or pits, the Engineer shall in coordination with the City and the City's geotechnical
engineering consultant, draw up specifications for such testing program. The cost of the
borings or excavations shall be paid for by the City.
4) Agreements and Permits
The Engineer shall complete all forms/applications to allow the City of Fort Worth to obtain
any and all agreements and/or permits normally required for a project of this size and type.
The Engineer will be responsible for negotiating and coordinating to obtain approval of the
agency issuing the agreement and/or permits and will make any revisions necessary to
bring the plans into compliance with the requirements of said agency, including but not
limited to highways, railroads, water authorities, Corps of Engineers and other utilities.
5) Design Changes Relating to Permitting Authorities
If permitting authorities require design changes, the Engineer shall revise the plans and
specifications as required at the Engineers own cost and expense, unless such changes
are required due to changes in the design of the facilities made by the permitting authority.
If such changes are required, the Engineer shall notify the City and an amendment to the
contract shall be made if the Engineer incurs additional cost. If there are unavoidable
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delays, a mutually agreeable and reasonable time extension shall be negotiated.
6) Plan Submittal
Copies of the original plans shall be provided on reproducible mylar or approved plastic
film sheets, or as otherwise approved by the Department of Engineering and shall become
the property of the City. City may use such drawings in any manner it desires; provided,
however that the Engineer shall not be liable for the use of such drawings for any project
other than the project described herein; and further provided, that the Engineer shall not be
liable for the consequences of any changes that are made to the drawings or changes that
are made in the implementation of the drawings without the written approval of the
Engineer.
PHASE 1
7) Right-of-Way, Easement and Land Acquisition Needs
The Engineer shall determine the rights-of-way, easement needs for the construction of
the project. Engineer shall determine ownership of such land and furnish the City with the
necessary right-of-way sketches, prepare necessary easement descriptions for acquiring
the rights-of-way and/or easements for the construction of this project. Sketches and
easement descriptions are to be presented in form suitable for direct use by the
Department of Engineering in obtaining rights-of-way, easements, permits and licensing
agreements. All materials shall be furnished on the appropriate City forms in a minimum of
four(4) copies each.
8) Design Survey
The Engineer shall provide necessary field survey for use in the preparation of Plans and
Specifications. The Engineer shall furnish the City certified copies of the field data.
9) Utility Coordination
The Engineer shall coordinate with all utilities, including utilities owned by the City, as to
any proposed utility liens or adjustment to existing utility lines within the project limits. The
information obtained shall be shown on the conceptual plans. The Engineer shall show on
the preliminary and final plans the location of the proposed utility lines, existing utility lines,
based on the information provided by the utility, and any adjustments and/or relocation of
the existing lines within the project limits. The Engineer shall also evaluate the phasing of
the water, wastewater, street and drainage work, and shall submit such evaluation in
writing to the City as part of this phase of the project.
10) Conceptual Plans
The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans which
include layouts, preliminary right-of-way needs and preliminary estimates of probable
construction costs for the Engineer's recommended plan. For all submittals, the Engineer
shall submit plans and documents for street/storm drain and water/wastewater facilities.
The Engineer shall receive written approval of the Phase 1 Plans from the City's project
manager before proceeding with Phase 2.
PHASE 2
11) Design Data
The Engineer shall provide design data, reports, cross-sections, profiles, drainage
calculations, and preliminary estimates of probable construction cost.
12) Preliminary Construction Plans and Technical Specifications
The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans
and five (5) copies of the preliminary technical specifications for review by the City and for
submission to utility companies and other agencies for the purposes of coordinating work
with existing and proposed utilities. The preliminary construction plans shall indicate
location of existing/proposed utilities and storm drain lines. The Engineer shall receive
written approval of the Phase 2 plans from the City's project manager before proceeding
with Phase 3.
PHASE 3
13) Final Construction Plans
The Engineer shall furnish five (5) copies of the final construction plans and contract
specifications for review by the City.
14) Detailed Cost Estimate
The Engineer shall furnish four (4) copies of detailed estimates of probable construction
costs for the authorized construction project, which shall include summaries of bid items
and quantities.
15) Plans and Specification Approval
The Engineer shall furnish an original cover mylar for the signatures of authorized City
officials. The Contract Documents shall comply with applicable local, state and federal laws
and with applicable rules and regulations promulgated by local, state and national boards,
bureaus and agencies. The Engineer shall receive written approval of the Phase 3 plans
from the City's project manager before proceeding with Phase 4.
-3-
AVFFIC;1AI OEC
ciff
Fla
PHASE 4
16) Final Approved Construction Plans
The Engineer shall furnish 45 bound copies of Phase 4 final approved construction plans
and contract specifications. The approved plans and contract specifications shall be used
as authorized by the City for use in obtaining bids, awarding contracts, and constructing
the project.
17) Bidding Assistance
The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the bidding
documents, and assist the owner in determining the qualifications and acceptability of
prospective constructors, subcontractors, and suppliers. When substitution prior to the
award of contracts is allowed by the bidding documents, the Engineer will advise the
owner as to the acceptability of alternate materials and equipment proposed by the
prospective constructors.
18) Recommendation of Award
The Engineer shall assist in the tabulation and review of all bids received for the
construction of the project and shall make a recommendation of award to the City.
19) Prebid Conference
The Engineer shall attend the prebid conference and the bid opening, prepare bid
tabulation sheets and provide assistance to the owner in evaluating bids or proposals and
in assembling and awarding contracts for construction, materials, equipment, and services.
PHASE 5
20) Preconstruction Conference
The Engineer shall attend the preconstruction conference.
21) Construction Survey
The Engineer shall be available to the City on matters concerning the layout of the project
during its construction and will set control points in the field to allow City survey crews to
stake the project. The setting of line and grade stakes and route inspection of construction
will be performed by the City.
22) Site Visits
The Engineer shall visit the project site at appropriate intervals as construction proceeds to
observe and report on the progress and the quality of the executed work.
-4-
23) Shop Drawing Review
The Engineer shall review shop and erection drawings submitted by the contractor for
compliance with design concepts. The Engineer shall review laboratory, shop, and mill test
reports on materials and equipment.
24) Instructions to Contractor
The Engineer shall provide necessary interpretations and clarifications of contract
documents, review change orders and make recommendations as to the acceptability of
the work, at the request of the City.
25) Differing Site Conditions
The Engineer shall prepare sketches required to resolve problems due to actual field
conditions encountered.
26) Record Drawings
The Engineer shall prepare record drawings from information submitted by the contractor.
-5-
ATTACHMENT"A-1"
DOE NO.
Supplemental Scoge of Services
The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT
A" Work under this attachment includes engineering design services:
The engineering contract will encompass all project related services involved in the design
and construction administration of federally funded airport improvement projects at Fort Worth
Alliance Airport for Phase V. The ENGINEER will provide design and engineering for the following
projects.
Part A: Services to be provided by the Engineer. Cor-sari Support,a�.tnpiE�+C#dn
Services for'
1. Rehabilitate De-icing Containment Facility—Replace existing gate valve for de-icing
containment facility.
2. Rehabilitate Taxiway Entrance to FedEx facility — Rehabilitate cracked concrete
pavement at entrance from Taxiway H to the FedEx facility.
The scope of work will include, but not be limited to the following:
1. Inspection and coordination of construction activities and materials testing;
2. Coordination with FAA Southwest Region, if required;
3. Review of acceptance tests;
4. Review and approval of Contractor's Pay Requests;
5. Review Shop Drawings, Submittals and answer Requests for Information; and
6. Prepare Closeout documents and Record Drawings
2. Modifications to Work Authorizations
Either the CITY or the ENGINEER may initiate a written request for a Modification to a
Work Authorization when, in the opinion of the requesting party, the needs and conditions
of the project warrant a modification. Approval of a modification shall be in the form of a
written Modification of Work Authorization, which clearly defines the changes in scope, fee
and completions date to the previously approved Work Authorization. The Modification to
Work Authorization will not take effect until it is executed by the CITY and the ENGINEER.
The ENGINEER shall not perform any work affected by the Modification to Work
Authorization prior to the execution, by both parties, of the Modification to Work
Authorization.
3. Requests for Information
A-1-1
The CITY shall provide timely responses to ENGINEER's reasonable requests for
information to avoid delays in completion of ENGINEER's services by the Completion Date
stated in the Work Authorization.
4. Work Progress Notification
The ENGINEER shall promptly advise the CITY in writing of events which have a
significant impact upon the progress of the work, including: favorable developments of
events which enable meeting the work schedule goals sooner than anticipated; problems,
delays, or adverse conditions which will materially affect the ability to attain contract
objectives, prevent the meeting of time schedules and goals, or preclude the attainment of
project work units by established time periods. This disclosure will be accompanied by a
statement of the action taken, or contemplated, and any CITY assistance needed to
resolve the situation.
A-1-2
CUA HCON9
FT.
�._1
ATTACHMENT"B"
DOE NO.
COMPENSATION AND PAYMENT
Part A -Compensation
1. For and in consideration of the satisfactory performance and completion of the Services
hereunder, The CITY agrees to pay ENGINEER a Lump Sum of Thirty-Three Thousand
Seven Hundred Thirty-Seven Dollars and Fifty Cents ($33,737.50).
2. ENGINEER shall not perform any additional service, or incur any additional expense in the
performance of this Agreement without the prior written approval of The CITY.
3. The CITY shall not be responsible for payment or reimbursement of monies for services
performed without the prior written approval of The CITY.
4. Should a change of scope or additional Services be required, payment for such Services
will be determined at the time of The CITY written approval, and such shall be amended to
this Agreement.
5. In order to obtain payment for the work performed and accepted by The CITY, ENGINEER
must submit one (1) signed original invoice, including appropriate
documentation/description of work performed, if required by the Agreement.
6. The ENGINEER's invoice must: show percent(s) complete and, if required by this
Agreement, percent(s) complete by task; application of that percent to the lump sum
price(s) and, the total amount of the invoice; include as a separate invoice item total
percent(s) completed to date and total amount(s) invoiced (including current invoice).
7. All pricing set forth in this Agreement is firm, fixed, and not subject to escalation (except
as may be specifically set forth elsewhere in this Agreement).
8. Clearly state the total amount of the invoice.
9. ENGINEER's invoice must reflect a unique Invoice Number, the above Agreement
Number, and the ENGINEER's Federal ID Number.
Part C—Method of Payment
Partial payment shall be made to the ENGINEER monthly upon City's approval of an
invoice from the ENGINEER outlining the estimated current percent complete of the total
project.
B-1
ATTACHMENT"C"
DOE NO.
AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES
NONE
C-1
ATTACHMENT"D"
DOE NO.
PROJECT SCHEDULE
A project schedule will be provided with each work authorization.
Part A—Period of Agreement
1. Initial Period
This agreement becomes effective when fully executed by the ENGINEER and CITY (the
"Effective Date"). The initial period of the contract shall terminate one year following the
EFFECTIVE DATE of the agreement, unless termination occurs as otherwise provided in
the agreement.
2. Optional Periods
The CITY, in its sole discretion, shall have the right, but not the obligation, to renew this
agreement for four additional periods of one year each following the Initial Period of the
agreement. The CITY shall notify the ENGINEER in writing of its decision to exercise its
option to extend the agreement.
3. Work Authorization Completion
Work Authorizations shall be executed before the termination date of this agreement as
stipulated in paragraphs 1 and 2 above. If the completion date of individual Work
Authorizations extends beyond the termination date of this agreement as stipulated in
paragraphs 1 and 2 above, then the terms and conditions this agreement shall remain in
full force and effect until the completion date of all individual Work Authorizations.
Part B—Timing of Individual Work Authorizations
1. Time for Negotiations
It is clearly understood that rapid response is in the best interest of the CITY and the
ENGINEER. The ENGINNER shall respond in an expeditious manner to any Work
Authorization negotiation initiated by the CITY. It is anticipated that the maximum time
required for each work order negotiation will be no more than forty-eight (48) business
hours.
2. Commence Services
Upon the execution of a Work Authorization, the ENGINEER shall commence to provide
services within a reasonable time, and will diligently provide services until completion of
the services identified in the Work Authorization.
D-1
uff
FT. 'r�i�, TOK.
3. Complete Services
The ENGINEER shall complete all services for each Work Authorization by the completion
date stated in the Work Authorization.
D-2
ATTACHMENT"E"
DOE NO.
LOCATION MAPS
The Taxiway rehabilitation and Storm Water Containment areas are shown below.
..........
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r
January30, 2006
Jim Kirschbaum, P.E.
DMJM Aviation
1200 Summit Avenue, Suite 320
Fort Worth, Texas 76102
r
�= r
Re: Alliance Airport Taxiway H Pavement Repair Project
Dear Mr. Kirschbaum:
I am sending you our proposal Construction Administration services for the Alliance Airport Taxiway H
Pavement Repair Project. The scope of our services and the fee are broken down in Schedule A,enclosed
herein.
If you have any questions or wish to discuss this further, please contact me at (817)483-5300.
Sincerely,
Profile Consultants, Inc.
JO S9 , P.E.
Principal
Enclosures:
Schedule"A"
i
i
PROFILE CONSULTANTS, INC.
5840 W. 1-20, SUITE 260 - ARLINGTON, TX 76017 o u 5v 5 u
4'.r•�n n
B 1 7-483-5300 Iw }
PROFILE CONSULTANTS, INC.
SCHEDULE A-SERVICES AND FEES
SCHEDULE A
STATEMENT OF WORK
Profile Consultants("Consultant")shall perform Design Services for DMJM Aviation("Client")as outlined in
this proposal.CONSULTANT and CLIENT sometimes are collectively referred to herein as the"Parties"and
individually as a "Party".
Purpose: Profile Consultants is to provide construction administration services for the Alliance Airport
Taxiway H Pavement Repair project in Fort Worth,Texas. If during the production of the project additional
services outside of the original scope of work are required,these will be considered as additional services.
Assumptions:
1. Red line drawings depicting as-built conditions will be provided by the contractor for the
preparation of the as-built drawings.
A. Scope of Services
Construction Administration-Construction administration services will commence upon receipt of the
Notice-to-Proceed from Client. Construction Administration will include the following:
• Submittal Review
• Respond to RFI's
• Testing Report Review
• Prepare As-Built Drawings
• Conduct one site visit
1 of 2
1• PROFILE CONSULTANTS, INC.
SCHEDULE A-SERVICES AND FEES
L
1=
B. Compensation
In consideration of our proposed professional services as outlined herein,we propose a Lump Sum fee of
Four Thousand One Hundred and 0/100 dollars($4,100.00)payable monthly based on the progress of
the work and based on the percentages of completion of the work as enumerated in this scope of work.
Applicable city or state taxes or permitting fees not included in the above lump sum fee.Any taxes that
apply will be indicated on invoice statements.
Execution of this statement of work will serve as acceptance of this proposal.
DesignConsultant
Construction Administration $4,100.00
$1�b to w $.4180 R0. .
• •
Not Applicable
M
Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,100.00
Approved for CLIENT: Accepted for CONSULTANT:
Name : Name : 1
Client Representative Jose of E7—Principal
Profile Consultants, Inc.
Date: Date: /k3d�06
Signature above will serve as execution of this statement of work.
I
2of2
rrsu k i Uo UL.,+ZP tAmance croup Z-444-obvi p.[
t Ire
Mas TEK Engineering
&.Associates, Inc.
February 17, 2006
Mr. Larry Gaines, P.E.
1200 Summit Avenue, Suite 320
Fort Worth, Texas 76102-4409
Re. Rehabilitation of Taxiway Entrance to Fedex Facility
at Alliance Airport
Fort Worth,Texas
Engineering Inspection &Testing Services
MTE Proposal No: P06-021SC-R1
Dear Mr. Gaines,
Mas-Tek Engineering & Associates, Inc. (MTE) is pleased to confirm our firm's interest in
providing materials inspection and testing services for the Rehabilitation of Taxiway Entrance to
Fedex Facility at Alliance Airport project noted above. A schedule of unit fees for,this project is
attached. Actual charges will be based on the contractors/client scheduling.
After reviewing our fee schedule if you have any questions, please contact the undersigned at
(972)709-7384. If acceptable, please sign below and fax back to our office as our Authorization
to Proceed. We look forward to the opportunity of working with you on this project.
Respectfully submitted,
ALLIANCE GEOTECHNICAL GROUP
1" -&, 04"
Mica Roland,d, P. Steve Mason
Project Manager President
Approved by: Date:
Signature
Geotechnical Consulting & Materials Testing
3228 Halifax,Suite B Dallas,Texas 75247 972 709-7384
rep 'It ub UZ:4Zp Hntance vroup 972-444-8893 p.3
SCHEDULE OF FEES
FOR
CONSTRUCTION MATERIALS ENGINEERING &TESTING
REHABILITATION OF TAXIWAY ENTRANCE TO FEDEX FACILITY AT ALLIANCE AIRPORT
FORT WORTH, TEXAS PROPOSAL NO.: P06-021SC-R1
DESCRIPTION OF SERVICES QUANTITY UNIT FEE UNIT FEE
A. EARTHWORK/SOILS TESTING
• Moisture/Density Relationship of Soils (ASTM D-1557) 3 @ S155.00 each $465.00
• Atterberg Limits 3 @ $45.00 each $135.00
• Cement Treated Base Moisture Density Relationship 1 @ $155.00 each $155.00
• In-Place Density Test`(ASTM 02922) 28 @ $20.00 each $560.00
• Cement Treated Base Compaction Test(Set of 3) 6 @ $25.00 each $150.00
• Sieve Analysis 4 @ $65.00 each $260.00
• Senior Engineering Technician 48 @ $39.50 hour $1,896.00
• Project Manager 4 @ $75.00 hour $300.00
• Vehicle Charge 8 @ S3D.00 trip $240.00
'Minimum of 4 tests per visit-techician time not included Sub-Total $4,161.00
B. UTILITY BACKFILL TESTING
• Moisture/Density Relationship of Soils (ASTM D-698) 1 @ $135.00 each $135.00
• Atterberg Limits 1 @ $45.00 'each $45.00
• In-Place Density Test* (ASTM D2922) 12 @ $20.00 each $240.00
• Senior Engineering Technician 8 @ $39.50 hour $316.00
• Project Manager 2 @ $75.00 hour $150.00
• Vehicle Change 3 @ $30.00 trip $90.00
Sub-Total $976.00
C. CONCRETETESTING
• Concrete Testing by Senior Eng.Technician 16 @ $39.50 hour $632.00 i
F
• Concrete Test Cylinders (4 cylinder per 150 cyd) 32 @ $15.00 hour $480,00
• Project Manager 4 @ $75.00 hour $300.00
• Vehicle Charge 6 @ $30.00 trip $180.00
Sub-Total $1,592.00
ESTIMATED TOTAL $6,729.00
tiY-•,�mit •",
P06-02180-R 1
rso t I Ub UL:4Lp Alliance tjroup 9122-444-8893 p.4
s
SCHEDULE OF FEES
FOR
CONSTRUCTION MATERIALS ENGINEERING&TESTING
REHABILITATION OF TAXIWAY ENTRANCE TO FEDEX FACILITY AT ALLIANCE AIRPORT
FORT WORTH, TEXAS PROPOSAL NO.: P06-0218C-R1
DESCRIPTION OF SERVICES QUANTITY UNIT FEE UNIT FEE
NOTES:
1. Overtime rates of 1.5 times the regular hourly rate will be charged for hours worked over eight(6) hours
per day Monday thru Friday or any time before 7:00 a.m. or after 5:00 p.m. Service performed on Saturdays
and Sundays will be b9led at 1.5 times the regular hourly rate. Services performed on recognized holidays
will be billed at 2.0 times the regular hourly rate.
2. All laboratory test fees are F.Q.B. our laboratory; additional charge for sample pickup may apply.
3. Any additional tests will be billed on a hourly rate and charged at the applicable rate, portal-to-portal
4. Additional test rot specitied in this proposal will be quoted upon request.
5. This proposal does not include any technician stand-by, non-readiness charges, and/or trips or re-tests of the
previous failing tests.
P06-02780-R1
May. 9. 2006 12:55FM CFW .AVIATION DEPT Na, 2850 F. 2
City of Fort worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 512/2086
MiIYPVlgggqi�ai�-
DATE' Tuesday, May 02, 2006
LOG NAME: 55DMJM PHASE 4 REFERENCE NO.. C-21434
SUBJECT:
Authorize Execution of Phase 4 of the On-Call Engineering Services Contract with DMJM Aviation
for Construction Administration and Inspection for Rehabilitation of Taxiway "H" and Deicing
Containment Facility at Fort Worth Alliance Airport
RECOMMENDATION: ----
It is recommended that the City Council authorize.1hr6' i anagen' xecute Phase 4 of the On-Call
Engineering Services Contract with DMJM Aviation or $33,737.50 construction administration and
inspecclioon of the rehabilitation of Taxiway"H"and deic co t facility at Fort Worth Alliance Airport,
DISCISSION:
On August 24, 2004, (M&C P-10003) City Council authorized the execution of a contract at no initial cost for
insulting services with DMJM Aviation for a five year period to provide engineering services for projects
funded by Federal Aviation Administration (FAA) Non-Primary Airport Grants and Cargo Entitlement
Grants.
On March 24, 2005 (M&C C-20626) City Council authorized the initial phase (Phase 1) of this contract with
DMJM Aviation for the preparation of a Preliminary Engineering Report to asses$ and make
recommendations on certain necessary Improvements and to design the rehabilitation of the northeast
taxiway access to FedEx at Fort Worth Alliance Airport.
On July 5, 2005 (M&C 20836) City Council authorized Phase 2 of this contract with DMJM Aviation for the
design of replacement wind cones and 23 runway/taxiway guidance signs.
On September 6, 2005, (M&C C-20965)City Council authorized Phase 3 of this contract with DMJM
Aviation to design runway safety areas, rehabilitate the deicing containment facility, conduct a pavement
management study and to purchase hardware and software for ongoing pavement management.
On April 4, 2006, (M&C G-21366) City Council awarded a contract to Gibson & Associates, Inc. in the
amount of$265,913.80 to rehabilitate taxiway I'H"and deicing containment facility_
The funds for this project will come from FAA Grant 3-48-0296-25-2004. The City's 5% share will come
from in-kind land credits.
DMJM Aviation is in compliance with the City's DBE Ordinance by committing to 31% DBE participation.
The City's goal on this project is 30%.
art Worth Alliance Airport is located in COUNCIL DISTRICT 2,
MY
�ko
9F 0,
May. 9. 2006 12:55PM CEW AVIATION DEPT No. 2650 P. 3
ISCAL INFORMA1I0NICERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Airport Grants Fund,
TO Fund/Account/Centers FROM Fun&AccountXenters
GR14 539120. Q5521887001Q 33 737.50
Submitted fQ City MaRmqWa Q.WP#J, Marc Ott(8476)
QrjWxWing,Qepartment Head: Mike Feeley (871-5403)
Addldonal information Contact: Mike Feeley(871-5403)