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HomeMy WebLinkAboutContract 18923 AMENDMENT TO CITY SECRETARY CONTRACT NO. 17721 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND �Y PINNACLE AIR SERVICES Rlany L 0 FOR ALLIANCE AIRPORT EXPANSION Whereas , the City of Fort Worth, Texas (the "City") has entered into a Management Agreement for Fort Worth Alliance Airport (the "Airport) with Pinnacle Air Services ("PAS") under City Secretary Number 17721; and Whereas , said Management Agreement provides that PAS, subject to the direction of the City, will supervise and manage the design and coordinate the construction of all improvements at the Airport desired by the City; and Whereas , the City and PAS are desirous to amend City Secretary Contract No . 17721 , for the purpose of establishing the procedures by which PAS, at the City' s request , will supervise and manage all professional services related to the design and construction of the proposed expansion of the Airport in accordance with City Secretary Contract No. 17721 ; NOW, THEREFORE, for and in consideration of the mutual obligations of the parties herein, the City and PAS hereby amend City Secretary Contract No. 17721 by adding thereto the following: I . PAS , from the date of execution of this agreement , in accordance with City Secretary Contract No. 17721 , will serve as the Project Coordinator for the City for the expansion of the Airport and be responsible for the' overall management and coordination of the project and will be the primary contact for the City with all consultants , contractors , and professionals retained for the design and construction related to the expansion of the Airport . II . As soon as practical following the execution of this agreement , PAS and the City will form a selection committee for the selection of the following professionals to be retained by PAS to perform the following major categories of work, who will report to the Project Coordinator: A. Program Manager, if retained, to perform scheduling, budgeting, bidding and award, coordination, design and engineering management , project control , accounting and grant administration. B. Land Acquisition Consultants , if retained, to identify, survey, appraise and prepare for acquisition by the City all parcels which the City Council finally determines are necessary for the expansion of the Airport pursuant to the schedule requirements . C. Design and Engineering Consultants, if retained, to perform design and engineering work on the following projects : 1 . Railroad main line relocation, including TX DoT bridges ; 2 . Farm-to-Market 156 relocation; 3 . Airfield expansion; 4 . Eagle Parkway extension and tunnel under extended runway; 5 . Taxiway "H" extension, spiral turnoffs, and service road extensions . D. Materials Testing Laboratory E. Construction Management and Inspection Firms III . Upon retention of the Program Manager, PAS as Project Coordinator , will submit to the City formal procedures for administering and managing the expansion of the Airport in accordance with City and FAA policy and requirements . IV. Upon FAA approval of the expansion of the Airport and request of PAS , the City agrees to immediately request FAA reimbursement for the amount incurred by PAS for: A. Preparation of Airport Layout Plan Report approved by the Fort Worth City Council on October 8 , 1991 ; B. Environmental Assessments for the proposed runway extension and related improvements at the Airport ; C. Preliminary design work associated with the runway extension and related improvements at the Airport . The City agrees to use its best efforts to expedite the reimbursement to PAS of all FAA eligible amounts incurred by PAS for the above work. Copies of contracts for the above work which has been undertaken to date are hereby incorporated herein by reference the same as if they were attached hereto. In addition, PAS in the future will incur additional design and engineering expenses at the request of and on behalf of the City that are required for the City' s expansion of the Airport which are eligible for FAA reimbursement in connection with the work contemplated in Paragraph II above. The City agrees to request FAA reimbursement for such additional expenses at the earliest possible date following request by PAS and further agrees to use its best efforts to expedite the reimbursement to PAS of all FAA eligible amounts incurred by PAS in connection with the work described in the preceding sentence. V . It is expressly understood and agreed between the City and PAS that all reimbursements by City for the expenses incurred by PAS or its affiliates under this agreement , whether incurred prior to or after the execution of this agreement , shall be made exclusively from FAA grant funds actually received by the City for the expansion of the Airport as contemplated hereunder; and such reimbursements with Federal funds shall be only for those expenses which are declared eligible by the FAA for FAA grant funding; and such reimbursements shall not be from any monies in the Treasury of the City of Fort Worth; provided further , that in the event such FAA funding is denied by the FAA or is not timely forthcoming from the FAA, or in the event certain expenses incurred hereunder are declared by the FAA as ineligible for FAA grant funding and are thereby denied reimbursement by the FAA, or in the event FAA grant funds are of an insufficient amount to reimburse for all expenses incurred hereunder by PAS or its affiliates , then in such event , the City of Fort Worth shall not be liable to PAS or its affiliates for the reimbursement of such expenses . Provided, further , that in the event , following reimbursement of FAA grant funds to PAS, the FAA determines , through an audit or otherwise , that the expenses reimbursed with FAA grant funds are ineligible for FAA funding or for any other reasons should have been disallowed or rejected so as to require reimbursement by the City to the FAA, then PAS agrees to reimburse the City for. those monies which the City is required to reimburse to the FAA. Further , City agrees that PAS, at PAS' s expense , shall have the right to represent its own interest before FAA related to any expenses declared by the FAA as ineligible for grant funding. VI . A. PAS agrees that all persons or firms that are retained by PAS in the performance of the categories of work identified in Paragraph II hereof , shall be required under the terms of each contract to indemnify, hold harmless and defend the City, its officers, agents, and employees from and against any or all claims , suits , or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons (including death) or to property (including City property) resulting from, or in any way connected with the performance, attempted performance or non-performance of. said contracts or the categories of work identified in Paragraph II hereof , or the acts or omissions of those persons or firms retained by PAS in the performance of said work. B . In addition to the indemnification requirements set out herein, PAS shall require all persons or firms that are retained by PAS in the performance of the categories of work identified in Paragraph II hereof , to maintain at all times during the performance of said work a Policy of Public Liability and Property Damage Insurance. Such insurance shall name the City as an additional insured and shall pertain to those claims , lawsuits , or causes of action contemplated by the indemnification herein. The amounts of said insurance shall be as follows : Public Liability Insurance: In an amount not less than Five Hundred Thousand Dollars ($500 ,000) for injuries , including accidental death, to any one person, and subject to the same limit for each person; and in an amount not less than Five Hundred Thousand Dollars ($500 ,000) on account of one accident ; and Prppqrty—pqma_ge.--In-su.ran.ce-:- In an amount not less than Five Hundred Thousand Dollars ($500 ,000) for each accident . VII . A. Approval by the City Engineer shall not constitute or be deemed to be a release of the responsibility and liability of PAS 's engineer , or the engineer' s employees , agents and subcontractors for the accuracy and competency of their designs and specifications . Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the designs and specifications prepared by the engineer, its agents , employees and subcontractors , it being the intent of the parties that approval by the City Engineer signifies the City's approval of only the general design concept of the improvements to be constructed. In this connection, PAS shall require in all contracts with the engineer , for a period of ten (10) years after the acceptance by the City of the completed construction project , to indemnify and hold the City and all of its officers , agents , servants and employees harmless from any loss , damage, liability or expense , on account of damage to property and injuries, including death, to all persons which may arise out of any defect , deficiency or negligence in the engineer's designs and specifications incorporated into any improvements constructed in accordance therewith, and PAS shall require in all contracts that the engineer shall defend, at its own expense any suits or other proceedings brought against the City and its officers , agents , servants and employees , or any of them on account thereof , and to pay all expenses and satisfy all judgments which may be incurred by or rendered against them or any of them in connection therewith. B. In addition to the indemnification requirements set out herein, PAS shall require all persons or firms that are retained by PAS in the performance of engineering and design services under this contract , to maintain at all times during the performance of said work a Policy of Professional Liability Insurance. Such insurance shall be in the minimum amount of $500 ,000 and shall include coverage of Contractually Assumed Liability . Such insurance shall name the city as an additional insured and shall pertain to those claims , suits or causes of action contemplated by the indemnification herein. VIII So long as PAS includes the above indemnification requirements in each contract it enters into pursuant to this amendment , and requires all persons or firms with whom it contracts to maintain throughout the performance of the contract the insurance policies required in Paragraphs VI .B . and VII . B. above, PAS shall not be responsible or liable for any work performed pursuant to any contract for professional services entered into pursuant to this Amendment . IX. It is expressly agreed by the parties hereto that all reimbursements by the City to PAS, as prescribed herein, shall be only for professional and personal services as contemplated by Chapter 252 of the Texas Local Government Code , and not otherwise. Nothing herein shall be construed as requiring reimbursement where the payment of same would be in violation of the competitive bid requirements of Chapter 252 of the Texas Local Government Code. All other provisions , covenants , recitals , terms and conditions of City Secretary Contract No. 17721 , on file in the office of the City Secretary of the City of Fort Worth, which are not expressly amended herein, shall remain in full force and effect . Executed as of d of= *-r 1,992 . Pinnacle Air Services City of Fort Worth r By:77, By: — President Assistant CiK Manager APPROVED AS TO FOIAM AND LEGALI TY eputy City Attorney A,I; EST: 7/ C t S re/ar,y Duo h City of Fort Wortk Texas Mayor and Council run 0 ation ✓, -- DATE REFERENCE NUMBER LOG NA PAGE 12/19/91 1 C-13183 I 02PINNAC 1 of SUBJECT AMENDMENT TO CITY SECRETARY CONTRACT NO. 17721, PINNACLE MANAGEMENT AGREEMENT AT ALLIANCE AIRPORT RECOMMENDATION: It is recommended that the City Council approve the attached amendment to City Secretary Contract No. 17721, Pinnacle Air Services Management Agreement at Alliance Airport. _ �- DISCUSSION: The purpose of this amendment is to allow Pinnacle to serve as the project coordinator for the City for the expansion of the Airport, be responsible for the overall management and coordination of the project, and be the primary contact for the City with all consultants, contractors, and professionals retained for the design and construction related to the expansion of the Airport. The amendment would allow Pinnacle to contract for the design of the expansion before a grant for this project is awarded by the Federal Aviation Administration (FAA) . The City would reimburse Pinnacle only after the grant is awarded by FAA and only for FAA eligible expenses. All reimbursements will be only from FAA grant funds, and shall not be from any monies in the Treasury of the City. At its November 21, 1991 meeting, the Aviation Advisory Board passed the following motion: "Our advice to the City Council is that Contract No. 17721 with Pinnacle Air Services be amended to the extent necessary to qualify Pinnacle Air Services for reimbursement by the Federal Aviation Administration for all amounts expended on the expansion of the airport that are in fact reimbursed by the Federal Aviation Administration. And that such amendment not obligate the City for payment of any funds to Pinnacle Air Services in addition to the one (1) dollar a year management fee which is already specified." DAI:o Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: 7170 Ramon Guajardo 6143 Originating Department Head: from Ramon Guajardo 6143 For Additional Information Contact: Ramon Guajardo 6143 Printed on recycled paper