HomeMy WebLinkAboutContract 5350-Renewal #4 • '�?�—C
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T IE STATE OF TEXAS
COUNTIES OF DALLAS/TARRANT ] .
THIS � � .
CONTRACT entered into this the � � day ����a��i�fr 168,
between the DALLAS/FORT WORTH REGIONAL AIRPORT BOARD at Arlington,
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• Texas, acting by and through its duly authori
2. prepare budgeting schedules relating to the planning,
design and construction activities; .
3. Provide preliminary cost estimates for all-phases of
. work within the Emineering Project;
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4. The. above planning schedules, budgeting schedules, and
cost estimates as provided in 1-1, I--2, and 1-3, above,
shall be provided within sixty (60) days from execution
of this Contract;
' 5. Hstablish. and maintain cost control on all technical
a.rid construction activities and submit monthly cost
• control. reports; .
w f�. Issue monthly progress reports and, in appropriate cases,
recommend remedial action;
'�. Consult, coordinate and maintain technical liaison as
directed, with the Federal Aviation Agency, the 'texas
Highway Department and•other governmental agencies;
8. Prepare necessary documents, exh ibits, maps, reports '
and information required by governmental' agencies
prior to their participation in financing of the
airport;
9. Assist in negotiating contracts with owners of existing
utilities for the relocation of such utilities when
requested;
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10. Assist, when requested, in the resolution of disputes
and disagreements between the Board and the construction
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contractors;
tors a
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PAGE TVIO
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.11. Provide operational and maintenance manuals fax' all
" equipment installed in the Engineering Project*
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120 -Prepare the scope.o f work for design and construction
contracts;
1.3. Recommend to the Board qualified consultants in special-�
.zed fields to be retained as subcontractors; '
14. Retain with the approval. of -the Board qualified pro-
fessional firms preferably from the Dallas Fort worth
area hereinafter called "Associate Consultants", for
detailed design and technical supervision of cons truc-�
tion. Consultant will provide design control, direction,
supervision, coordination and administration for all
contracts;
15. Provide the Board with the following services relating
to the Engineering Project t insofar as construction contrasts
are concerned: '
(a) Review and recommend schedules for bidding
and awards;
fib] Assist in obtaining proposals from contras
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tars, evaluate bids and recommend award
actions;
c) Provide, either directly or through Associate
Consultants, technical supervision, inspection
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coordination and administration through compl.e-
tion► t^ the extent specified in each contract;
PAGE THREE-
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3.6. Payment for the services of the Associate Consultants
shall be the sole responsibility of the Consultant.
" YI. PLANNING AID DESIGN ..
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stall com l.ete preliminary plan-�
The Consultant as requested
n g or a in for phases of the Engineering Project ect to indicate elements,
• �a outs o eraaxonal programming, stage developments, design and con•
y , � P
• fated cost estimates and budgeting require~
struc tion scheduling tai th re
v define general and detailed design criteria, systems compo-
nents, t g
re are all information necessary to develop respective
vents, and top p .
design and contract do
currents for the construction of the Engineering
.
Project elements*
The Consultant shall coordinate with airline faci-
1i ties fanners -for facilities outside the Terminal Building to deter-
requirements for the Engineering Project. The Consultant
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• mne airline r eq .
re are manuals of design and performance standards as guy-des
shall p p •
• in developing final designs e
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2. The Consultant sul.tant shall subcontract to Associate Consultants
design,the final ecifications, cost es tima tes and contracts o f the
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f o llowing
a. Grading and drainage for terminal area, runways
and taxiways, and cargo maintenance areas.
b. Airfield paving for aprons, runways and taxiways,
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taxiway wa extensions to cargo maintenance areas) and
cross taxiway bridges.
•field li. h ti.n^ and duct work for communication
C, Airfield c,,
distribution and power distribution.
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from state Highway interchanges to a •point •
• d. Access highways .
of intersection under the cross taxiway bridges, other
• secondary roads wi t�i.n Airport boundaries, fencing,
�prlmary and second y
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hzl.zpor? and s tolpor t,
PAGE FOUR.
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. Overall Project primary utili ties, with genera: .
layouts for communications; power supply and dis-
tribution; gas supply and distribution; water supply)
• _ ..M"Storage and distribution; aircraft fueling storage
and distribution; and sewerageis
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f. Central utility, standby poorer plant, sewerage
_ treatment and other utility buildings,
3. The Consultant shall supervise design activity and -review M
the contract drawings, specifications, cost estimates and contract
prepared documents which re
have been axed by Associate Consultants, and
which ch
indicate changes to be made on the contract drawings, specifications
and contract documents prior to advertising for bids. The Consultant
shall submit these documents, after completion, to the Executive
Director for approval, who shall make recommendations .to the Board as
to advertising and awarding of construction bid contracts*
4. The Consultant shall review proposals and make recommendations
on two tZj or more manufacturers for review by the Project Architect
Board preparatory to the award of Contract or Contracts of
and the p F Y .
prototypes for the baggage handling and passenger transit sys tenis.
5. t
The Consultant shall coordinate with FAA for the develop--
d and determine the requirements for duct banks and
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ment of Nava
other elements. to to accommoda to necessary power, electronic. and con-
trol facilities on the Airport site.
6: The Consultant shall coordinate with the Project Architect
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on design matters relating to the aesr-hetics of design features as
directed.
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xxx. TECHNICAL SUPERVISION OF CONSTRUCTION
1. Technical _Supervision by Consultant
The Consultant' shall furnish an overall engineering construc-
tion management organization to control and to coordinate the .tech- .
. nical supervision effort for all work outlined in Section II, above.' �
The Consultant shall be responsible for overall general technical. �
construction supervision-, quality control.; interpretation of con--- • 4
. struc tion documents; contract adminis tra to on; Corr esp and encd with �
construction contractors; preparation of change orders; approval'
and processing of construction +contractors r partial and final pay-
ment's and transmittal of drawings. The Consultant shall revie�or,
check and approve all shop drawings and furnish the engineering
supervision of their installation for the baggage handling and tran-
sit systems-, if reques ted e .
2. Detailed Technical. Supervision
The Consultant shall subcontract detailed technical supervision
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to Associate Consultants on each of their respective contracts.
• 3. 5urve.y par ties
The Consultant shall provide survey parties as needed.
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guality Control. Laborator
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The Consultant shall es tab fish• a central materials control lab--
oratory for all construction wvr�.. The labara tort' will. be equipped
for the testing of soils, concrete and other cons truc tivn materials.
The laboratory will be operated by an associate Consultant. ..
lV. ADDITIONAL SERVICES .
1. The Consul Lint wi11 perf orn ad ii tional professional ant
technical services as directed by the Bbard.
'AGE SIX
V, COMPENSATION
A. Basis of Compensation
1. The Board shall compensate the Consultant for the
professional and technical services described above as
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follows:
a. A sum equal to two (2) times the payroll, cost
of all employees engaged on the work by the .
Consultant.. Payroll.,cost is defined as the
direct salary of an employee plus allowances
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for fringe benefits such as vacation, sick
leave, payroll taxes, payroll insurances and
employee profit sharing and bonus plans e
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b. In addition, the Consultant shall receive a
professional fee of one percent (1%) of the
actual cost of construction for work designed
by and under the direction of the Consultant*
This fee shall be based upon the estimated
construction cost and shall later be adjusted
to the actual cost of construction.
c. The Consultant shall be reimbursed as a direct
expense for all costs such as
1) All subcontract costs entered into
on behalf of the Board.
2] Actual out-of-pocket expenses incurred
in performing the work, including ,trans--
. portation, vehicles and their operation, n
relocation expenses,,subsistence, telephone
' toll calls, telegrams, printing and reproduc-
Lion costs, and costs of electronic computer
• and soils laboratory uses.
3 Actual per diem fees for special Consultants
when engaged upon the work; provided that no
PAIGE SEVEN
Special Consultant shall be paid a per diem
• of more than Two Hundred Fifty Dollars ($250.00)
per day.
d. 'For services of the Consultant under Paragraph II
(Planning and Design), the Consultant's fee payable
under paragraphs v.A.l.a. and v.A.l..c. shall, not
exceed four percent (4%) of the actual cost of .
construction. The Phase I Grading and Drainage
design cost will be included in this computation.
e. For services of the Consultant under Paragraph III
(Technical supervision of Construction) to July 1, .
1972, the Consultant's fee payable under paragraphs
V.A.I.a. and v.A.1.c. shall not exceed four and
83/100 percent (4.83I) of the actual cost of con-
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struction.
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f. In the event that the time for completion of the
various contracts are in whole or in part delayed
an unreasonable time due to acts of Gad, strikes,
lock--outs, acts of the Government, insurrections,
riots, contractor inefficiency or others acts beyond
the control of the Consultant, then and in that
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event the maximum limit on fee for services under
Paragraph v.A. ..e. above shall be renegotiated and
ad jus ted'accordingly.
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Associate Consultant's compensation shall be credited
• against the Cons ultant's fee.
• 2. All payments to be made to the Consultant by the Board under
' and pursuant to this Agreement shall be due and owing and shall
be made by the Board, solely from the proceeds of Joint Revenue
Bonds on deposit from time to tine from the Joint Airport Fund
PAGE EIGHT
of the Cities of Dallas and Fort Worth, as reflected and contained
• in the Contract and Agreement of the Cities, executed April 15,
.1168, when and -as such .bands are- issued by the Cities. If any
sums shall, become due and payable hereunder at a time or times
when no such bonds are available, then the date of payment of
said sums shall be the date upon which the Joint Airport Fund
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receives proceeds from the next subsequent bond issue. During
the time that no bond .proceeds are available to pay the sums
true herein then the Consultant an t may stop work until they are
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available,
B. Method of PayTent
! 1. Payment for the services of the Consultant, the Associate
Consultant, and other subcontractors rendered under Paragraphs
v.A. ..a. and V.A.1.c., above, shall be made monthly for work
performed during the previous month, on the basis of invoices
submitted by the rConsultant and approved by the Board,
2. Payment of the professional fee under V.A.l.b., above, shall
be as follows
a. One-quarter of one percent (1/4%) of estimated
construction cost when design is fifty percent
(50%) complete.
b. One-quarter of one percent (1/4%) of estimated
construction cost when plans, specifications and
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contract documents are completes
c. One-half of one percent (1/2%) of construction
cost of amount completed, based upon and payable
with contractor's monthly requests for payment.
d. The professional fee payable on the original
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Contract for grading and drainage shall be limited
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to one-half of one percent (1/2%) of the cost of
said Project since plans and specifications are
completed on same$
PAM NTNE
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e. On completion of each construction contract, ad- '
justment of the professional. fee shall be made on
the basis of actual construction costs based on
approved final payment to each construction
•r
• Contractor. I
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• vie GENERAL '
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A. Budget :•
• 1. The Consultant shall prepare a budget for the estimated
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compensation for services to be performed by the consultant,
Associate Consultants and other subcontractors for the
period ending September 30,' 1969.
Be 'Reports .
1. The Consultant shall -submit to the Executive' Director .
monthly 'reports relating compensation to work completed,
and submit to the Executive Director any proposed revision
for recommendation or Board ac'tion's w,
2. Not later than the first day of August of each year,
the Consultant shall subxnit through the Executive Director
to the Board a detailed•`breakdown of the budget and the
specific services to be furnished during the next Fiscal year.
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'C. Liaison .
�. procedure
All correspondence relating to this Contract shall be
directed to "Director of En rincering", Regional Airport
Board with carbon copies to the Executive Director*
D. Release.
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The Consultant shall. secure the approval. of the DALLAS
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FORT V:ORTH REGIONIAL AIRPOI!Z` B.,%RD of the final plans and speci -
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f ica tions, and the necessary signatures of the Bo,rd's Officials
shall be placed on the plans. Al.l. plans and contract documents
shall comply in all respects With all applicable Local., state
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• and federal laws,• and with all applicable rules and regulations
promul.ga ted by all Local., state and national, boards, bureaus and
agencies. Approval by the Board shall not constitute or be
• deemed to be a release of the responsib.il i ty and liability of
the Consultant, their agents., employees and subcontractors for
• the accuracy and competency of their designs, working drawings,
and specifications or other engineering documents. such ap--.
proval shall not be deemed to be an assumption of such respon-
sibility and liability by either the Board or the Cities of
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Dal.l,as and Fort worth for any defect in the designs, working
drawings and specifications or other engineering documents,
• prepared by the Consultant, their agents, employees, and sub-
,
contractors, (it being the intent of the parties that approval
by the Board signifies the Board y s approval of only the general
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design concept of the improvements to be constructed) , In
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this connection-the Consultant shall indemnify and hold the ,
Board and the Cities of Dallas and Fort Worth and all of their
• 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, including em-�
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=I pl.oyees of the Consultant or subcontractors, and all other
persons performing any part of the work, which may arise out
of any defect, doficiency or negligence of Consultant's designs,
working drawings, specifications and other engineers ng documents
incorporated into any improvements constructed in accordance
therewith, and the Consultant shall, defend at their own
-expense. any suits or other proceedings brought against the
Board or the Cities of Dallas and Fort worth, their officers, .
agents, servants and employees, or any of them on account
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thereof, to pay all expenses and satisfy all judgments w hich
may be. incurred by or rendered agains t them or any of them f
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in connection therewith.
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PAGE FTYV EN
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Insurance
The Consultant shall maintain the following insurance
while working under this Contract with an insurance company .
satisfactory to the Board with Limit of liability not less
than the following:
Workmen's Compensation Statutory
Direct Public Liability $5002 000 $1,Coo,00
(Including Contractual)
Direct Property Damage $1003000/$300,000
(Including Contractual.) '
Automobile Public Liability $50010001$1,0002000
Automobile Property Damage $100,000
Professional. Liability $13000,000
The Board and the Cities of Dallas and Fort worth shall
be co-insureds under each Public Liability and Property Damage
Policy*
VII. FINANCIAL INTEREST
Consultant represents that, they have no interest# fi.nancial or
othenaise in the sale or purchase of any materials that will be re-- r
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ui.red for the construction of improvements covered by this Contract.
Failure to reveal an such interest in writing shall authorize the Board
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to void this Contract"and the Consultant shall be liable for a return
of all fees advanced hereunder*
VIII. PAYMENTS
Payments shall. be made by the Board to the Consultant on all.
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items of work upon Consultant furnishing evidence satisfactory to
' the Executive Director and the Board that the work for which partial
payment is requested has been satisfactorily completed.
Ix. CONTRACT PERSOINAL .
The provis ions in this Contract shall be deemed personal to
the Consultant and shall not be assigned in whole or in part without
PAGE TWELVE
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the consent of the Board, and the City Councils of the Cities of Dallas
and Fort Worth. The final work product of the Consultant shall become
the absolute property of the Board, including all of the work papers
and work products of the Consultant and Associate Consultants.
--X. TERMINATZON
In the event of a major change, of officials of the Consultant's
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artnershi or its default, or the inability of the Consultant to meet �
any
of the terms of this Contract, this Contract shall terminate on I
thirty (30) days' written notice without liability on the Board or
the Cities of Dallas and Fort Worth.
XI. PAYMENT CAN TERMINATION .
Upon termination of this Contract by the Cities, according to
• its terms, with timely notice in. writing to the Consultant, said
Consultant shah, be entitled only to compensation earned up to the
time of the termination of the Contract by the Board. .
XII, EFFECTIVE DATE •
Any expend made by the Consultant within the terms hereof
after the effective date of this Contract shah. be included and cov--
eyed under this Contract and for that purpose the effective date hereof
shall be from and after the Ist day of September, 196811
• XII I. RECORDS .
Records of the Consultant's direct personnel., and reimbursable
expense pertaining
to this Project and records of accounts shall be
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kept on a enerall. recognized accounting basis and shall be available
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to the Executive Director or his authorized representative at mutually
convenient times.
I XIV, ASSOCIATE CONSULTANTS
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All Contracts and Agreements with Associate Consultants shall be
approved by the Executive Director or his authorized representative
and the Attorney for the Board.
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PACE THIRTEEN
IN WITNESS IMEREOF, the Parties hereto have set their signatures
this the -'d ay of {mil_ '.,v , , 1968, the DALLAS/FORT WORTH
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REGIONAL AIRPORT BOARD signing by and through its Executive Director,
Thomas M. Sullivan, authorized to execute the same by a resolution
adapted by the Board August 7, 1968,, attesting by its Secretary, �
• Bayard H. Friedman, and TIPPETTS--ABBETTS- IcCARTHY--STPATTON, signing
by and through Gerald T. McCarthy, Partner of said engineering firm, _
duly authorized to execute the same.
DALLAS/FORT WORTH REGIONAL AIRPORT BOARD
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ATTEST: � ..
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`-BAYARD H. FRIEDMAN, Secretary
to the Board
TIPPETTS-ABBETT--�IcCARTHY--STRATTON
APPROVED AS TO FORM
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AIRPORT BOARD ATTORNEY
By
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zty Attorney of :"�. -�;�..�
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