HomeMy WebLinkAboutContract 34009 AMENDMENT NO. 2
STATE OF TEXAS § CITY SECRETARY CONTRACT NO 34CC9
(No M&C Needed)
COUNTY OF TARRANT §
WHEREAS, the City of Fort Worth (City) and DMJM Aviation, Inc (Engineer)
made and entered into City Secretary Contract No. 31732 (the Contract) which was
authorized by the City Council by M&C C-20624 on the 29th day of March, 2005; and
WHEREAS, the Contract involves engineering services for the following project:
Engineering Service For:
D.O.E. NO. 4710 : Upgrade Wind Cones and Signs
WHEREAS, it has become necessary to execute Amendment No. 2 to said
Contract to include an increased scope of work and revised maximum fee;
NOW THEREFORE, City and Engineer, acting herein by and through their duly
authorized representatives, enter into the following agreement, which amends the
Contract:
1.
Article I of the Contract is amended to include the additional engineering services
specified in a proposal letter dated August 18, 2006, a copy of which is attached hereto
and incorporated herein. The cost to City for the additional services to be performed by
Engineer total $4,196.00
2.
Article II of the Contract is amended to provide for an increase in the maximum
fee to be paid to Engineer for all work and services performed under the Contract, as
amended, so that the total fee paid by the City for all work and services shall not exceed
the sum of$53,985.43
3.
All other provisions of the contract, which are not expressly amended herein,shall
remain in full force and effect.
EXECUTED on this the day of 200 in
Fort Worth,Tarrant County, Texas.
APPROVAL RECOMMENDED: APPROVED:
A.Douglas Rademaker, P.E. Marc Ott
Director, Department of Assistant City Manager
Engineering
DMJM Aviation, Inc.
ENGINEER
ATTEST:
Marty Hen x, City Secp6tary
B
Na. a eratan, P.E. lid® M&C RE.QUIRisD
,S'j.V, % Chief Officer
Adw.uv,sfvu i vt,
APPRO E AS TO FO LEGALI Y:
Amy Ramsey
Assistant City Attorney
r, .a^o
i
Mas TEK Engineering
August 18, 2006 &Associates, Inc.
1
1 DMJM AVIATION/AECOM
1200 Summit Avenue, Suite 320
Fort Worth, Texas 76102-4409
i
Attention: Larry Gaines
Re: CMT Testing Proposal
Ft. Worth Alliance Airport
Signage and Wind Cone Improvements
Fort Worth, Texas
Mas-tek Proposal No. 8-02-C
Mas-Tek Engineering & Associates is delighted to submit this
proposal and fee schedule for the following Construction Material
Testing Services on the above referenced project:
• Earthwork/Soils Testing
• Underground Cable/Electrical Duct Backfill Testing
• Concrete Testing
Total Estimated Amount-----------$4,196. 00
At your earliest convenience, please sign in the space provided
below as your agreement for us to perform testing as described
above. Mail or FAX (972-709-7385) a copy of this signed document
for our files. We look forward to performing testing service on
the project upon receiving this or other signed correspondence.
We appreciate the opportunity to serve you. If you have any
questions please..contact our office.
Sincerely yours,
-Tek & Assoc. , INC.
Aaron Cotton, Jr.
Supervisor of Technical Services
ACJ/acj
Attachment: Schedule of Fees
Confirmed/Agreed to this day of , 2006
Company: By:
Title:
Geotechnical Consulting & Materials Testing
3228 Halifax,Suite B Dallas,Texas 75247 972 709-7384
DMJM AVIATION/AECOM
SCHEDULE OF FEES
CONSTRUCTION MATERIALS ENGINEERING&TESTING
SIGNAGE AND WIND CONE 94PROVEMFJM AT ALLIANCE ARWORT MAS-TEK PROPOSAL NO.&02-C
DESCRIPTION OF SERVICES QUANTITY UNIT FEE UNIT FEE
i
j EARTHWORK/SOILS TESTING
• Standard Proctor(ASTM D-698) 2 @ $155.00 each $310.00
i Atterberg Limit Test 2 @ $45.00 each $90.00
1 In-Place Density Test(ASTM D2922) 9 @ $20.00 each $180.00
Senior Engineering Technician 8 @ $39.50 each $316.00
Project Manager(Qa/Qc) 2 @ $75.00 each $150.00
Trip Charge 2 @ $30.00 each $60.00
Sub-Total $1,106.00
UNDERGROUND CABLE/ELECTRICAL DUCT SACIFLI.L TESTING
Standard Proctor(ASTM 5fi98) I @ $155.00 each $155.00
Atterberg Limit Test 1 @. $45.00 each $45.00
In-Place Density Test(ASTM D2922) 10 @. $20.00 each $200.00
Senior Engineering Technician 8 @ $39.50 each $316.00
Project Manager(Qa/Qc) 2 @ $75.00 each $150.00
Trip Charge 3 @ $30.00 each $90.00
Sub-Total $956.00
CONCRETE TESTING
Concrete Testing by Senior Engineering Technician 32 @ $39.50 each $1,264:00
• Concrete Cylinders(4 Cyls.Per trip) 32 @ $15.00 each $480.00
Project Manager(Qa/Qc) 2 @ $75.00 each $150.00
Trip Charge 8 @ $30.00 each $240.00
Services listed above do not Include aggregate testing
Sub-Total $2,134.00
ESTIMATED TOTAL S4,1%.00'
NOTES:
1. Overtime rates of 1.5 times the regular hourly rate will be charged for hours worked over eigbt(8)hours_
per day Monday thru Friday or any time before 7:00 a.m.or after S:00 p.m. Service performed on Saturdays
and Sundays will be billed 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.O.B.our laboratory;additional charge for sample pickup may apply.
3. Any additional tests will be billed on a hourly rate and c hatged at the applicable rate,portal-to-portal.
4. Additional test not specified in this proposal will be quoted upon request.
S. This proposal does not include any technician stand-by,non-readiness charges,and/or trips or re-tests of the
previous failing tests.
Schedule of Fees Page 1 of 1
FORTWORTH
May 23, 2005 DOE/ProjectiBid Nos. DMJM-OCEng
James G. Kirschbaum,P.E.
DMJM Aviation
1200 Summit Avenue, Suite 600
Fort Worth,TX 76102-4409
RE: On-Call Engineering Services Contract,Phase I (Initial Design Fee)
City Contract# 31732 ,
M&C# C-20624
To W hom It May Concern
Your firm was awarded the above contract on March 29,2005,with the City of Fort Worth,Texas,in the amount of
$52,164.20. Part of the consideration in awarding the contract was your company's compliance with the City of Fort
Worth's Minority/Women Business Enterprise Ordinance#15530.
Your company's proposal committed to the following WWBE participation:
Profile Consultants,Inc. Civil Design Services $21,490.00
...for a total fee of$21,490.00,representing a 41.00%overall MWBE participation commitment.
NOTE: COMPLIANCE WITH THE CITY'S M/WBE ORDINANCE 15530, AS WELL AS SUBSEQUENT
AMENDMENT(s), REQUIRES SUBMISSION OF 'LETTERS OF INTENT OR 'EXECUTED AGREEMENTS'
BETWEEN YOU AND THE M/WBE'S LISTED ABOVE. THESE LETTERS OR AGREEMENTS ARE TO INCLUDE 1)
THE NAME OF THE CONTRACT, 2) THE NAME OF THE M/WBE FIRM, 3) DEFINE SCOPE OF WORK, 4)
DOLLAR AMOUNT OF THE WORK AND 5)THE SIGNATURES OF BOTH PARTIES. AT THE REQUEST OF THE
MANAGING DEPARTMENT, THIS INFORMATION MUST BE SUBMITTED AT THE PRE-CONSTRUCTION
MEETING,OR TO THE PROJECT ENGINEER FOR ENGINEERING AGREEMENTS. THE TIMELY SUBMISSION
OF THIS INFORMATION WILL EXPEDITE ALL CONTRACTUAL MATTERS AND THE ISSUANCE OF THE
NOTICE TO PROCEED.
Throughout the duration of this project,the City of Fort Worth is requesting that your company continue to adhere to the
M/WBE Ordinance by complying with the following procedures in this compliance letter. Failure to follow these
procedures in submitting reports and other requested information, if any,as required shall authorized
the City to withold payment from the consultant and/or to reiect future proposals from the consultant
until compliance with this ordinance is attained.
*A M/WBE Monthly Participation Report Form(enclosed) must be submitted monthly until the contract is
completed. The first report will be due 30(thirty)days after commencement of work. The monthly report must have an
original signature to ensure accountability for audit purposes.
* These reports shall be submitted monthly to the M/WBE Office, regardless of whether or not your firm utilized its
M/WBE& if there was no activity by an M/WBE in a particular month,place a "0"or "no participation"in the spaces
provided and provide a brief explanation.
*Provide this office with proof of payment to your M/WBE subconsultant and suppliers. The M/WBE Office
will accept the following as proof of payment:
CITY MANAGER'S OFFICE t �v J 'x vv �
MINORrry/WoNEN BusINESS_ENTERPRISE
THE CnY of FORT WORTH * 1000 THRoctutoRToN STREEr * Four WORTH,TExas 76102
817-392-6104 t Fax 817,392-6185 � !v!!���t
�Pe.
Compliance Letter
Page 2
May 23, 2005
1. Copies of WWBE invoices with front and back copies of canceled checks, OR
2. A notarized letter explaining,in detail:
a. Subconsultant/su pplier scope of work
b. Date when services were received from subconsultant/supplier
c. Amounts paid to the subconsultant/supplier and
d. Original signatures from both parties must be included on this letter.
*Ifyour company foresees aproblem with submitting participation reports,copies of invoices and/or proof of payment on a
monthly basis,please notify this office in writing to discuss possible remedies.
*If your company wishes to add,change or delete a M/WBE subconsultant or supplier,you should adhere to
the following:
1. Immediately submit a Reauest for Approval of Chanee/Addition Form (enclosed)to this office,explaining
your request for the add,change or deletion
2. If the change decreases your M/WBE participation commitment of 41.00%,please state clearly how and why and
submit support documentation. If the change affects the committed goal and it is not addressed,it shall have an
impact on the final compliance review.
a All requests for change must be reviewed and pro-approved by the M/WBE Office.
b. Change(s)or deletion(s)in the Subcontactors/Suppliers Utilization Form addressed in this compliance
letter made without prior approval by this office, will effect your compliance determination with
the M/WBE Ordinance and future contract(s)with the City of Fort Worth.
*Upon your company's successful completion of this project,and within ten(10)days after receipt of final payment from
the City of Fort Worth, you shall provide the M/WBE Office with a Prime Contractor's/Consultant's Final
Summary Payment Report Form (enclosed) to reflect the total participation from ALL subconsultants/suppliers
utilized on the project Failure to comply with the City's request to provide the required documentation
shall entitle the City to reiect future proposals from the consultant until compliance with this
ordinance is attained.
If at any time you should have questions or concerns regarding this compliance letter,or if you would like to obtain a copy of
City Ordinance No. 15530,please contact our office at(817)871-6104.
Thank you for your cooperation.
Thomas Jordan
Contract Complian pecialist
Enclosures(The required revised compliance reporting forms: Monthly,Request for Change and Final Summary)
co: Mike Feeley,Project Manager
Profile Consultants, Inc.
CITY SECRETARY
CONTRACT N0. 3nML
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 11
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) The ENGINEER will issue monthly invoices 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 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.
0,4-27-05P02 : 22 RCVD
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/execufon 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.
IENGINEERING AGREEMENT
JANUARY 1.2005
Page 2 of 15
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 CITVs 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
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 3 of 15
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 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.
1. Minority and Woman Business Enterprise (MNVBE) participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the
participation of minority business enterprises and woman business enterprises in
City contracts. Engineer acknowledges the MAA/BE 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 resu�(f-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.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 4 of 15
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
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 subcon-
sultant reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy 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 that are to be in effect prior to
commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$$2,000,000 aggregate
Automobile LiabiFity
$1,000,000 each accident
or
$250,000 property damage
$500,000 bodily injury per person per accident
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 5 of 15
nn�
A commercial business auto policy shall provide coverage on "any auto", defined as autos
owned,.hired and non-owned during the course of this 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
$2,000,000 aggregate
Professional Liability Insurance shall be written on a project specific basis. The
retroactive date shall be coincident with or prior to the date of this contract and the
certificate of insurance shall state that the coverage is claims-made and the retroactive
date. The insurance coverage shall be maintained for the duration of this contract and for
five (5) years following completion of the contract (Tail Coverage). An annual certificate
of insurance shall be submitted to the City for each year following completion of this
contract.
(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.
(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 coverage
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 or material
change in coverage shall be provided to the CITY. A ten (10) days
notice`stia 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.
ENGINEERING AGREEMENT
JANUARY 1.2005
Page 6 of 15
(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 shall be acceptable to the CITY in 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
maybe required to provide proof of insurance premium payments.
(i) The Commercial General Liabilityinsurance policy shall have no
exclusions by endorsements unless the CITY approves such
exclusions.
(j) 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.
(k) 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.
(1) 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
subconsultants maintain insurance coverage, 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
constitufWbtreach 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.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 7 of 15
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 that develop subsequent to the sign'ingof-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
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-Fumished 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.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 8 of 15
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 A.
E. Prompt Notice
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 Release,
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees. of City, City hereby. releases ENGINEER from any
damage or liability related to the presence of such materials.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 9 of 15 0 1
W cG? ��U°?��
0
(2) The 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 ENGINEER brings such hazardous.
substance, contaminant or asbestos onto the project.
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.
1. 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 Risklinstallation 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.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 10 of 15
(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 ClWs sole risk. The final designs, drawings, specifications and
documents shall be owned by the CITY.
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
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 11 o115
(1) The CITY may terminate this agreement for its convenience on 30 days'
written notice. Either the CITY or the ENGINEER for cause may terminate
this AGREEMENT 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, the
ENGINEER will be paid for termination expenses-a-s 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.
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).
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 12 of 15
G. Assignment -
Neither party shall 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 applyto-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 mean the CITY and the ENGINEER, and their officers; employees, agents,
and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govem 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.
exas: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
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.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 13 of 15
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.I., 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.
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-
Attachment B -Compensation
Attachment C—Amendments
Attachment D- Project Schedule
Attachment E - Project Location Map
Executed this the 0%of DOI& 20Q5
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 14.of 15
ATTEST: CITY OF FORT WORTH
f�) &,-ic -;�—/I, /I /�X,
— BY
Marty Hendrix Assistai t City I anager
City Secretary
APPROVED AS TO FORM
AND L LITY
Contra t AU orizat oa
Asistant orne Date
ATTEST: ENGINEER
DMTM 'AV1A-110A f �J c
(Name of Firm)
By: .0
Na
Title- 1^. rCe Res;1"k
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C�O
ENGINEERING AGREEMENT
JANUARY 1,2005
�j lz n
Page 15 of 15
;t
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, March 29, 2005
LOG NAME: 55ALL DMJM 2 REFERENCE NO.:
SUBJECT:
Approve Initial Design Fee under On-Call Engineering Services Contract with DMJM Aviation for
Preparation of a Preliminary Engineering Report and to Design the Rehabilitation of a Taxiway at
Fort Worth Alliance Airport
RECOMMENDATION:
It is recommended that the City Council approve the initial design fee for DMJM Aviation under their On-call
Consulting Agreement in the amount'of$ 52,164.20 to prepare a preliminary engineering report for certain
projects and to design i the..rehabilitation of.the northeast.taxiway access to FedEx at Fort Worth Alliance
Airport:
DISCUSSION:
On August 24, 2004 (M&C P-10003), the City Council authorized the execution of a contract for on-call
consulting 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.
The City has received two grants from the FAA totaling $1,516,851.00 The first grant in the amount of
$747,187.00 was approved on July 29, 2003 (M&C G-14040), to improve runway 16R/34L safety area,
provide security enhancements, rehabilitate storm water containment facility, conduct* pavement
management study and rehabilitate pavement at Fort Worth Alliance Airport. The second grant in the
amount of $769,664.00 was approved by the Council on May 4, 2004 (M&C G-14347), to rehabilitate the
northeast taxiway access to FedEx at Fort Worth Alliance Airport. The City's 5% share of these grants is
from in-kind land credits.
In accordance with the On-Call Agreement with DMJM Aviation, a compensation amount has been
negotiated in the amount of $52,164.20. The work to be accomplished is to provide a preliminary
engineering report ($25,929.60) for the work to be performed under the first grant and to design the taxiway
rehabilitation ($26,234.60)for work to be performed under the second grant.
MWBE — DMJM Aviation is in compliance with the City's M/WBE Ordinance by committing to 41% MANBE
participation, The City's goal on the project is 35%.
This project is located in COUNCIL DISTRICT 2, Mapsco 7P.
FISCAL INFORMATION/CERTIFICATION:
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 Fund/Account/Centers
GR14 539120 055218870010 $25,929.60
GR14 539120 055218934420 $_234.60
Logname: 55ALL DMJM 2 Page 1 of 2
4
Submitted for City Manager's Office by_ Marc Ott (8476)
Originating Department Head: Mike Feeley(5403)
Additional Information Contact: Mike Feeley(5403)
Logname: 55ALL DMJM 2 Page 2 of 2
ATTACHMENT"A"
postal SrgRe Qf Servires
"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."
GFNFRAt_
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 facilities/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
-1-
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 fumished 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.
aTLNO"OH9 Y
f a
'O"OH,
10) Condeptual Plans
The Engineer shall furnish four(4)copies of the Phase 1 concept engineering plans which
include layouts, preliminary (ght-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 watertwastewater 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-s-Half 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-
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-
C
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.4710
Supplemental Scope 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. The ENGINEER will provide design and engineering for the following projects.
Part A: Services to be provided by the Engineer
1. Improve Runway Safety Areas — The safety areas for Runway 16L-34R will be
improved to remove NAVAIDs access sidewalk and install new access to meet FAA
criteria for RNV 34R RSA. The wind cones will also be upgraded.
2. Provide Security Enhancements—Provide security fencing for R/W 34 RSA.
3. Rehabilitate De-icing Containment Facility — Replace existing gate valve for de-
icing containment facility.
4. Rehabilitate Taxiway Entrance to FedEx facility — Rehabilitate cracked concrete
pavement at entrance from Taxiway H to the FedEx facility.
5. Pavement Management Study— Perform an analysis of alternatives for developing a
pavement management system for the entire airport.
The scope of work will include, but not-be limited to the following:
1. Preparing project applications;
2. Coordination with FAA Southwest Region;
3. Design of projects funded and identified including site investigation, survey and
geotech as may be required;
4. Preparation of bid documents, construction drawings, specifications, minimum
equipment list and detailed cost estimate;
5. Site visits for construction administration and periodic and final inspection; and
6. 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
A-1-1
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
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
ATTACHMENT"B"
DOE NO.4710
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 Fifty Two Thousand One
Hundred Sixty-Four Dollars and Twenty Cents ($52,164.20).
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 4710
AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES
NONE :.... ,
ATTACHMENT"D"
DOE NO 4710
PROJECT SCHEDULE
The following project schedule will be maintained for this contract from the time of a written notice-
to-proceed.
Task Description Scheduled Completion
Complete Preliminary Engineer's Report 4 weeks from NTP
for Items 1, 2, 3, 4&5
Complete Design for Task 4 4 weeks from Approval of PER
D-1
ATTACHMENT"E"
DOE NO 4710
LOCATION MAPS
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