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Home My WebLink AboutContract 28468�� Y ��G!��`!'�r�#i�f' �C7�f�ITI�A�1� � . r'_ �, �ITY OF 1FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERLNG SERVICES T�is AUREEMENT is between the �ity of Fort Worth, 1�xas (the "�ITY"}, �nd Freese and Nichols, lrnc., (the "ENGINEER"), for a PROJECT generaYly d�cr_,,-ihec� �s: CONSTRUCT�ON ADMIl�]ISTRATION AND INSPECT�ON OF WEST CARGO fiA`�AYy IlW]�ROV�MENT� AT ALLIANCE AIRPORT (DOE — 3958). � Article I Scape o� Se�rvxces A. The Scape of Services is set forth iu A�ta��nt A. Article II Compensation A. The ENGINEER's compensation is sei #'orth in Attachm��t B. Awticle III Terms oi Payment Payments to the ENGINEER �x�:�] be made as !��li��ws: A. Invoice and Pa�tnent (1) {Z} (3) The Engineer shall pra�vide the C;ity su�cie�xt r'loc�nxentatian ta reasonably substanfiiate the invoices. 1Vlonthiy invoices wi11 b� issued by the ENGINEER for a11 work performed under this AGREEMENT. Invoices are due and payable within 30 da�s o£ receipt. �i�pon c�mpletion of services enumerated �n Az�icle I, the final payment of �t�y ba.lance wi11 be due within 30 days of receipt of the final invoice. {�+) In the e�ent of a disputed nr contested billing, only that portion sa c�ntested �+� ] 1 he withheld from payment, and the undisputed partion will be paid. The C"ITY wtll �xerci.se reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the bill�ing until mutually ��snlved. (5) �u r ��1� �I� � �IY?H Y ' if the C'ITY fai.ls to ma.Cc� payment in full to ENGINEER for billings �antested in good fai#h within 60 days of the amount due, the EiVGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in fu11, including interesf. In the event of ;�izs�ension of services, the ENGrNEER shall have no liability io CITY for ��a�rs or daxnages caused the CITY because of such suspension of services. r . P�e i of 15 �1�'Y OF �URT 1aVOFdi�1, Y�S ��'p,fil��oR� AC��1Vl�AlT FOR �Al�ItiI��RIN� S�RV'IC�S 7his A�REEM�NT is between ihe City of Fori Worth (the "CITY"}, and ��;sese and 1��yhols, inc., 4the "ENGINEER"}, for a PROJECT generally described as: Alliance �i��,ri S�uti�west Access Taxiway �nd Carqo Apron. ��ic1e I �co�e afr Services A. �he Scope of Services is set fat�h in Attachmen# A. ��ticie II Compensafiion A. �!�!� �NGiNEER's compensatian is set forth in Artachment B. �rticle III Yerms of Paymenfi ��aym�nts to the ENGiNEER will be r��de �s fiallaws; A. lnvoice and �aymenfi {� 1 'Che �ngineer shall pravEde fihe City s�fficient docum�ntati�n �c� reasanably ��ubstantiate th� invaices. �� nnthiy �n�roices �rTll f�e uttder this r�GREENIENT �eceipt, issued by the ��NGINEER for all wark pertormed . Ir��oices are due and payable within 30 days of ��) �Jpon completian of services enumerafed in Ariicle I, the �nal payment of arty balance will be due within 30 days of receipt af the final in�oice. (�) �n :t*�? ��ent �f � disp�ted or contest�d billing, only that portion so �oniest�d will be wi�hhel�i fram payment, and the undisputed portiat� will be }��id. The CITY will exercise reasonahleness in contesting any bi[f ar portiQr� +�i�?Preof. �lo �nterest will accrue fln any coniested portion af the �illir�g until mutuafly resntved. (5) lf ��-?� �GITY f�ils to mafce payrnent in fuC1 �to ENGINEER for bif[ings contested in gaod faith within 60 days af ihe amaunt due, the ENGINEER may, after giving seven (7) days' writt�n notice• to CiTY, suspend services under this AGREEMENT until paid in full, including intarest. In the e�ent of suspension of services, the ENGWEER shall have no liability ta CITY for delays or damages caused the CITY because af such suspension af 58NIC2S. 4riicle IV �blig��ions of fhe Cngineer Amendments ta prticle IV, �f �ny, are includea in �ttachment C. �►. Cene�ai The ENGINEER wiil serve as t�e C�iY's professiona[ engineering represen�afive �n�er this Agreement, providing professionaf engineering consUltation and advice �r�� furnishing customary services incidental thereia. �. :��anda�d +�fr Care The standar� �f care a�plicable ta t[�e �NGIN�ER's services will be 4�e degree of skill and diiiaence narmal�y employed ir� the Stafe of Texas by professional �ngineers or cansultants perfarming the same or similar services at the time sucn services are z�erformed. G= ��bsurrr'ace lnv�s�iga�ians �1} �he ENGINEER shalf advise �he CITY' with regard to the necessity for ; ubcantract work such as �special sunreys, tests, test borings, or other subsurface in�estigations in connection with design and engineering work +� �e pertarmed hereunder. The ENGINEER shall a�sa advise the C�TY concerning the resul#s af same. The CITY shall furnish such surveys, t�sts; and inv�stigati�ns, unless otherwise specified in Attachment A. l2) Vn sails, faundation, graundwa�er, ar�d other subsu�face investigations, the �c#ual c�,aracteristics may vary significantly between successi�e test poin#s and ��mple �.ntervals ar�cf at lacations other than where observations, exploration, and inves#igat'rons have been made. Because af the inherent dancertair�ties in subsurface evaluations, changec� ar unantici�ated �anderground conditions may occur that could affect the total PROJECT �.�?�t ��ndlor execution: These conditions and costlexecutian effects are not the responsi�ility of ti�e ENGINEER. D. �rrep��a�ion �� ngineering �rawings The ENGINEER wil[ provide to the CITY the origi�al drawings of all plans in ink on reprod�cible plastic film sheets, ar as otherwise approved by C1TY, which shall became the property of the CITY. C�TY may use such d�awings in any manner it desires; �ro�ided, howe�er, that the ENGINE�R shalE not b� liabie for the use of such drawings for any project other than the PROJECT d�scribed herein. ENGINEERING d1GREEMENT P�ge 2 of 15 C, �ngineer's Pe�sunnei �t �ons4ruc�Yian Si�e (1) The presence or duties of ti�e ENGfNEER's personnef at a constructian site, whether as on-siie representatives or atherwise, do not make the ENGiNEER or its personnel in any way respansible for thase duties that belong ta the CITY and/or tF�e ClTY's constructian contractors or other entit�es, and do not relieve the construction contractors or a�y other entity of their abligations, du#ies, and responsibiiities, i�tc�uding, but not limited to, all construction methods, means, techniques, seque�ces, and proc�dures necessary far coordinating and completing all portians af fhe construction �work �n accordar�ce wiff� the Con#ract Dacuments and any health or safety preGautians required by such canstructian work. The ENGINEER and its �ersonnef have na autharity to exercise any control aver any construction c}�ntr�ctor ar ather entity or tlieir employees in cor�neciion with their work or any �;�alth or safety precautions. j2� �xcept ta fihe extent c�f specific site +risits �xpressly detailed and s�t fnrth 'rn Attachment A, the ENGINEER or its persor�nel shall ha�e no abligatian or responsibility to visit the constructian site to t�ecome familiar with the �progress or �uality of the completed work on #he PR�JECT or to ��#ermine, in general, i� the work on the PROJECT is baing perfarmed in a mann�r indicating that tl�e PROJEGT, when completed, wii� be in ��cordance with the Contract Dacuments, r�or shall anything in the Cl�ntract L��!�r+�!ents or th� agreement between CITY and ENGINEER �e �onstrued as requiring EIdGINEER to malce exhaustive ar continuous on- site inspectians to disco�er latent defects in the work or otF��rwise chec� �h� quality or quantity of the work on the PROJECT, li, for any reas�n, the F_NGINEER should make an on-site observation(s), on the basis of such �n-site observations, if any, #he ENGINEER shall endeavor to keep the �ITY inforn-ted of any devia#ior� from the Contract Documents coming to �i�e actual noiic� of ENG[N�ER regarding the PR�JECT. . ��) in.lhen professional certification of pertormance or characteristics of materials, systems ar equipment is reasonably required to perFo�rr� the services set fo�th in the Scape of Services, the ENGINEER s�all be entitled �� rely upon such certification to establish materials, systems or equipment - and perfarmance criteria io be required in f[�e Contract Documents. �. Opinians of �eobable �ast, �inancial �onsidera�i�ns, and �chedules (�) The ENGINEER shalf provide opinions of probable costs based on the current available inforrnation at the time af p�eparatian, in accardance with Attachmenfi A. (2) In praviding opinio�s af. cos#, financiai analyses, economic feasibiiity projectiorts, and schedules for the PR�JECT, the ENGINEER has no co�trol over cost or price af la�ar and materials; unknown a�- latent conditions of existing equipment ar strc�ctures that may affect o�eration or E�IGIh1EERIiVG AGREEM£HT Page 3 af 15 na�ntenance �nsts; �:omp�titive bidding �rocedures and rrtarfcet conditians; fime or qualify of pertormance by third parties; q�ality, t�pe, management, �r direction of operating personnel; and oti�er economic and operational ��ctars that may materialfy affect the ultimate�PROJECT cost or schedule. -� harefore, the ENGINEER mai�es no warranty that tF�e CITY's actual IPRO.IECT costs, financial aspects, economic feasibiEiiy, or schedules will not v�ry �r�m #he ENGiNEER's apinions, analyses, projecti�ns, or �stima�es. £�. �nns�ruc�ion Progress Payment� R��4mmendations �y the ENGIN�ER fo the CfTY far neriadic canstruction �r�gress payments to the cons#ructian contractor �+vifl �e �ased on the ENGINE�R's knowledge, infarmatio�, anc! belEef fram se[ecti�e sampling and obs�rvation thaf the work has �rogressed ta the point indicated. Such r�commend�tions do r�ot represent that continuous or c�etailed examinations have be�n m�de by the ENGINEER to ascertain that the construction cantractor has �omplete� the work in exact accordance with the Contract Documents; that the �inal work will be accep#a61e in a[I respects; that the �NGINEER has made an examination to ascertain how or for what.purpose the construction contraetor has �sed the maneys paid; that title to any of the work, materials, or eq.uipment has passed ia the C1TY free and clear o# liens, claims, security interests; ar wncumbrances; or that tf�ere are not other matters at issue between the CITY and ��!? rc�nstructifln contractor that affect the amount that should be paid. H. �ecord Drawings w'Zecard �rawing�, �f required, will tae prepar�d, �n part, on the basis of infarmation' camp'rled and furnished by others, and may not afways represent the exact l�cation, type o# various componenis, or exact manner in which the PR�JECT was �nally constructed. Th� ENGIN�ER is not responsible for any errors or omissions in th� informatian from others that is incorporated into the record drawings. �. �idYinori�y and �ama�n �usiness �nfie�p�ise (HRI1dV��) pa�icipation 1n accord with Vi�y of Fort Worth Ordinance Na. 11923, as amended by Ord�nance 1�471, the City has goals for the participation of mir�ority business enterprises and �uoman business enterprises in City contracts. Engineer acknowledges the M1WBE goal estabCished for this contract and its commitment ta meet that _goal. Any misrepresentation of facts (oiher t�an a negligant misrepresentation) andlor fhe commission of fraud by the Engineer may result in the te�mination of this agreement and d�barment firam participati�g in City contrac#s for a period af time of nat less than.three {3) ysars. � ENGiNEERING AGR�EM�N7 Page 4 af 15 J. �ight to �udif �1) �NGINEER agrees that the ClTY sha[!, utttil the expiration �fi tf�ree (3) ��Pars after final payment �nder th�s contract, have access to and the r�ght i�r examine and photocopy any directly pe�tinent hooks, documents, papers �nd r�cords of the ENGINEER involv�ng transactions relating ta this contract. ENCIIVEER agr�es that the CITY st�all have access during normal �worlcing f�ours to all necessary ENGINEER facilities and shall be �provided ��equa#e and approp�iate workspace in order to conduct audits in compliance with the provisions of this �section. The CITY s�afl gi�re �NGINt�R ;�as�nable advance notice of intended au�its. ;�} �NG�NEER further a�rees ta include in al! its subeansulta�t agreeme�ts �ereunder a provision to the effect thafi the su�consultant agrees that the CITY shall, until the expiration af tF�ree (3} years after final payment under the subcor�tract, have access to and the righ# to examine and photocopy �ny directly �ertinent books, dacuments, papers and records of such �ubco�sultant, �nvolving transactions to the subcontract, and furiher, ii�at the CfTY sY�all ha�e access cfuri�g normal worlcing hours to all ��?�=�nsultant facili#ies, and shall be pravided adequate and a�propriate work �aa�e, sn order to canduct audits in campiiance with the pravisiorts of this article togeiher with su�section (3)hereof. CITY shall give s�!n�onsultant reasonabie advance notice of intended audits. �3) �►v��INEER �nd �u�consuitant agr�� to photo copy �uch documents as may be requested by the CITI'. The ClTY agrees to reimburse �NGiNEER fior the cost af capies at the rate publisi�ed in the Texas �aministrati�e G�de in effect as of the t9m� copying is pertormed. � �C. �i��lw��'s lnsurance til) insurance c��erage and iimits: �NGINEER sh�il ��ravic{e �tn r?�e City certifi�aie(s) �f insurance dacumenting �olicies of the following coverage at minimum limits that are to be in effect prior to c�mmen�ement of work an the. PROJECT: ��mmercial �eneraf Liabilifiy �1,000,000 eacFt occurrence �?;Q00;000 aggregate Automobile Liability *�,OQQ,000 each accident (or reasonably equivalent limits �f coverage if written an � split limits basis). Co�erage shall be on any vehicle us�d in the caurse of tF�e �!?OJECT. ENGWEERING AGitEEMEN7 PBga 5 pf 15 . �IVorker's Campensation �overage A: statutory fimits �overage B: $10fl,000 each accident �500,OQQ disease - palicy limit �100,000 disease - each emplayee P; �fessional Lrab�fity �4,Q00,00� each ciaim $2,OOa,000 aggregafe �'ha retr�acti�e ��te �hail �e �oincident with �r �ri�r te� the dafe �f the ��ntractual agreement and the certi�cate of insurance shall state that the �overage �s claims-made and the retroactiue date. The insurance coverage �hall he main#ain�d for th� duration af the contractual agrsement and five (5) years fn!!�?wing compl�f�or� of the service pra�ided under the contractual. �greemeni. An annual certi�cate of insurance submitted to the City shall �vldence such �nsurance e:overage. � (�) ��rtificates �f insurance e�ridencing that the.ENG1NEER nas abtained all required insurance s�ail be delivered to the CITY prior to ENGINEER proce�:ding with the PR�JECT. . �a) �'�pplicable policies shaCl be endorsed to namE the GITY an q��t�c,�,al In�ured thereo�, as its interests may appear. Ti�e ierm �:1TY shall inci�de its �mployees, officers, officials, agents; and .�olunteers as respects t�e contracted serrrices. �'b} �?rtifi�ate(sj af in5urance �hafl document that insurance co��rages �specified according to items section f�.(1} and K.(2) of this �greement are provided ur�der applicabie policies doc�mented #l�ereor�. �c) Any failure an part of the CITY �o request required insurance document�tion shall nat canstitute a waiver ofi t�e insurance l�epuirem�nts. (d) .A minirnum afi thirty (30) days notice of cancellation, non-renewal or ��n�teri�l change in coverage� shall be provided to the CITY. A ten (1�) days notice sha[I be acceptable in the event of non-payment of �remium. Such terms shall be e�dorsec� onfo ENG�NEER's ynsurance �olicies, Notice shalf be sent to tF�e respective Department Director (by name), City of Fort Wor#h, 100p Tt�rockmorton, Fort Worth, Texas 76�Q2. (e) The insurers for al1 palici�s must be ]icensedlappraved to do �usiness in t�ae Stat� of Texas. Except for worker's compensation, all ihsurers must have a minimum rating of A: V[f in the current A.M. C�est Key Rating Guide ar have reasonably equivalent financial ENGINEERIiVG AGRE�MENT Page e pf 15 :�trength and sal�ency ta �the satisfacltian of Risk Management, (fj Deductib�e limits, or se��F-insurecf r�tentians, affecting insuranc� r�quired here9n may be accep#able to the CITY at its sole discretiar�; and, in lieu af traditianal insurance, any , afternative co�erage rnaintained through insurance pools ar risk retention groups must �+a ,�isa aoproved. E��dicated financial resources or let�ers of credit may also be acceptable ta the City. ��) 1��licable policies shalf each be enciorsed with a wai�er of ��abro�ation in'Favor of the C1TY as respects the PROJECT. 44�} The City sha11 be sntitVed, u�pon r�s request and withaut incurring expense, fia review the ENGINEER's insurance policies incfuding �ndorsemE�#s th�reto and, at the CITY's discretion, the ENGINEER r��_y be required to �ro�ide proof of insurance pcemium payments. �I) �!�P Commercial General L�a�ilify insurance policy snall �iave no �xclusians '�y endorsements unfess such are approved by the � ITY. �;i] 'The Professional Liability insurance poVicy, if �rvritten .ort � claims .ri'��C�p basis shall be maintained by the ENGiNEER for a rninim�m �ive ��} ��ear period subsequent to t�e term of the respe�i�e PROJECT con#ract with the CITY unless such coverage is pravided the ENGINEER on an accurrance basis. �k} i�R �C'1y shali r�ot �P respansible for the �irect �ayment af any insurance premi�ms required by this agreemen#. ft is understao� fihat insurance cost is an allowable compo�ent af ENGINEER's �vprhead. �� All insuranc� rEquired in section K., ex�ept for the Professional Liability insurance po�icy, shall be written on an c�ccurrence basis in �rder to be approued by the CITY. �m) 5ubcansultants to the ENGINEER shall be requ�red by the �NGINEER to maintain the same o� reasana�ly equivalent insurance co�erage as required for the ENGINEER. When �subconsultants maintain ins�ra�ce coverage, ENGINEER shall ,�ro�ide ��IYY with documentatian thereof an a certi�cate ofi ;nsurance. Notwithstanding� any�hing ta t[�e contrary contained ,herein, in the e�ent a subconsultant's ir�s�rance coverage is �anceled ar terminated, such cance[Iation or termination shail not �onstitut� a�reac� by ENGIN�ER of the Agreement. ENGINEERING AGREEMENT Page 7 oi 15 �, fndspendenfi �onsulfiant 7he EN�INEER agrees #o perform al1 services as an independent cons�ltant and �not as a subcontractor, agent, or employee of the C�TY. i�. @tsc�asur�� 7he �NGINEER acknowiedges �a �he CITY that it has made ��11 disclosure 4n uuriting of any existing conflicts of interest or potentiaf confficts of interest, including personal finar�cial interest, direc� or i�direct, in praperty abutting �h� proposed +''RQ�YEG� ��i i�t�siness relationships with abUtting property cities. The �NGINEER furtt�er acknawledges that it will make disclosure in writing of any �onflicts at interest which develop subsequent to the signing of this cantract and �rior to final pa_yment under tf�e contract. �I. �►sbestos or Ha�ardous Substar�ces �1) !f asbestas or hazardaus substances in any form are encauntered ar Yuspected, �he ENGINEER wili stop its awn work in fihe affected portior�s of ��e PROJECT to permit testing and evaluation, {2} if asb�stos or other hazardous substances are s�spected, fhe ENGINEER will, if requested, assist the CITl' in obtaining the services of a t{uaEified 5ubcontractor to mat�age the remediation acfi�ities of the PROJECT. �. �ermitfiing Autho�ities � �esign �hang�s �lf ��rmitting �!�tharities t�quir� design changes sa �� o �omply ��hth ��ublish�d design criteria andlor current engineering practice standards which the IENGINEER �hou�d have ��n aware af at the time this Agreement was executed, the �NGINEER shal[ re�ise p�ans and specifications, as required, at its own cost an� �expense. Howe�er, if design changes are raq�ired due to the char�ges in the ,permitting autharitiss' puhlished design criteria andlor practice standards criteria vuf�Ech are published after the date of this Agreement which the ENGfNEER�could not have been reasonably aware of, the ENGINEER shal[ notify the CITY of such changes and an adj�stment in compensation will be made fhroug� an amendment to this AGREEMENT. A�icle !� Obliga4ions pf th� City Amendments to Article V, if any, are inciuded in Attachment C. �. C��y-�urnished Da#a The CITY will maEte available tn the ENGINEER all technical data in the CITY's possession relating to the ENG�N�ER's services on the PROJECT, The �NGINEERING AGREEMENT Page e of'E5 FNGINEER �-�ay r�1y upon �he aceuracy, kimeliness, and completeness of the information provided by the CITY, �. �c�ess �a f�aci[ifiies and Peoperty T�� {� VII[II 'fYfal(� it5 ¢?r-iljtjac accessible f� #he ENGIIVEER as require�l for the �I�GIIVEER's performance �f �#� sA.rvices and v�,�ili provEde labor and safety Lquipment as required by the ENGiIVEE� for sUch access, Tti'e C1TY will perfarm, at no cost to the ENGINEER, such tests of equip�nen#, machinery, pipelines, and Y±har components af the CITY's facilities as may be required in co�nection with the �NGIN�ER'S �BNiC�S, T�`�e CITY will be tespansibie for ali acts o# the CITY's personn�l. �C. �dver�isem�n�s, Permits, and Access 4Jnless otherwise agreed to in the Scope of $ervices, the CITY wifl abtain, arrange, .anc� pay for all ad�e�tisements for bids, permifs and licenses required by locaf, :�tate; or federa� authorities; and land, �asements, rights-af-way, and access :�e�?�sary f�� the ENCINEER's se�vices or PRO,iECT construction. �. �'irr��ly I�eview �he CITY wi11 examine the ENGINEER's �tudies, reports, �ketches, �rawings, �pecificatians, .proposals, and other documents; obtain advice of an attamey, �nsurance counselor, accountant, auditor, bond and_ fnancial ad�isars, and ather consultar�ts as t�e CITY de�ms appropriate; and render in writing decisions re�uired by the CITY in a timely manner in accordance with the project sc�edule in �ttac�tment �7. � �. l�t�mp� IVo�ICe The C1TY �Niil gi�e prompt written notice to th� ENGfNEER wh�n�ver �ITY +�b��rvss or becomes aware of any developm�nt that affects #he scope or iiming of the �NGINEER's services or of any defect in the wotk af the ENGINEER ar �onstr�ction contrac�ors. �. �sb�s4os or Ha�ardous Subs�ances and indemni�caiion (1) -�o the maximum extent permitted by 1aw, t�e �ITY wiil indemnify and �release ENGINEER and its offiGers, employees, and subcontractors fram all claims, �amages, dosses, and costs, including, but not limiied to, attorney's fees and liiigation expenses arising out af or relating to the ;�resence, discharge, re�ease, or escape of Y�azardous substances, �ontaminants, or asbestos on ar from the PROJECT. Nothing contained h?r?in shall be construec� to r�quire th� CITY to levy, assess or collect any t�c to fund this indemnificaiian. ENGI�VEERING AGREEMEIYT Paga 9 ot 1 S . �2) -l�he indemnifcation and �release required abave shall not apply �in the event �khe discharge, release or escape of hazardous s�bstances, contaminar�ts, �r asbestos is a result of ENGINE�R'S negligance or if auch hazardous s�bstance, contaminant or asbestos is brought onto the PROJECT by �NCIN�ER. �, �ontractoe lndemnific�tion �n� �laims -��e CITY agrees ta include in all construction cantracts the provis�ons of Article f�l.E. r�egarding the ENGINEER's Personnel at Canstruction Si#e, and provisions providing contractor indemr�ification of the CITY and the ENG�NEER for ��ntractor's negligence. H. �ontrracfor� Claims and Yhird-Pariy �ene�iciaries �1) The ��' agress ta include the following clausa in all contracts with �e�n�xructic�n �ontractors a�c! equ�pmenf or materials suppliers: "i�ontractors, �uhcontractors anc� equipment and materials s��pliers on the PROJECT, or their sureties, shall maintain na darP�t action against the ENGINEER, its officers, employees, and �ubcontractr�rs, for any claim arising out o�, i� connectior� with, or �sulting from the e�gine�ring s�rvices performed. Only the CiTY �r�l! be th� b�neficiary of any undertaking by the ENGINEER." �27 �his AGREEMENT give� no rights or benefits ta anyone oiher than the �ITY and the ENGINEER and ihere are no third-party beneficiaries. �3] The c:ITY will irtclude in each agreement it e�ters into with any o�her entity �r person regarding the PRO,IECT a pravision that such entity or person ;�hall have no third-par#y 6�n�ficiary rights under this Agreem�nt. ;4} Nathing cantained in this section V,H. s�all be construed as a waiver of any� r�ght the C1TY has to bring a claim against ENGINEER. �. CI�Y's insurance {'} Ti�e CITY may maintain property �+nsurance �n +certain pre-existing �tructures associaCed wiih the PROJECT. {2} TF�e C�T�f wiil ensure tnat Builders fRiskllnstaiiation insurance is maintained at the re�Eacemer�t cost value of the PROJECT. The CiTY rnay �rovide �NGINEER a copy of the policy or docum�ntation of such on a certificate �nf insurance. {3) �he CITY vvill specify that the Builders Riskllnstallatian insurance shail b� �9mprehensive in caverage appropriate to the PR�JECT ris�s. ENGINEERING AGREEMEiVT Page i o of 15 .�. K. G�itigation A�sisicance Yhe Scope flf Services does not include costs af the �NGINEER for required or � equest�d assistar�ce to su�port, prepare, document, br�ng, defer�d, or assist in #ifiQa#ion underta[�en or. defended by the CITY. In the event CITY requests such sPrvices �1` the ENGIN�ER, this AGREEMENT shail be ame�deci or a separate ��reement will �e negatiated �etween the parties. �Changes '� he Ci' �` may make or �pprove chang�s avitriin �i�e general 5cope of Serr�ices Vn �rhis AGREE�111�NT. Ifi .such changes affect the ENGINEER's cast of or time r�auired for performance �f #he services, an equitable adjustment wilf be made tl�rau�h an am�ndment �o this AGREEM�NT with appropriate GITY approval. �!�icle !!I Au�ho�i�a#ion �a �r�oc�ed �Amendmer�ts ta Article VC, ifi any, are included in Attachment C. 1i. �. �. � ENGI�YEER s#�ail l�e r�uthorize� �� proceed with xi�is ;�GR�EMEI�T u�port r��eipt �f a e;�,fit�en Notice to �'!-�ceed fr�m the CITY. J�e�use of P�ojeci �ocumen4s �All designs, drawings, specifications, dacumen�s, and other work products af the ENGINEER, whether in hard copy ar in electronic form, are instruments of service ��r this ��OJECT, whether the PROJECT is completed or nat. Reuse, change, or alieration by the CITY ar by others acting through or on behalf of the CITY of any such ins#ruments of service without the written permissian of the ENGiNEER will �� t Y�e �lTY's soie risk. Tne final designs, drawings, speci�cations and Jocuments shall be owned �y the CITY. 1�orce I�ajeu�e i he IENGINE�I� fs not hy acts af Gad, strikes, t�n? �kV�fNEER. ��rmina�ian �eneeal �egal P�o�isio�s responsible far damages or �elay in pertormance caused lackouts, accidents, or other events beyond the contral af �1) This AGREEMENT may be terminated.only �y t�e City for convenience on �0 days' wntten notice. This AGREEMENT may be terminated by either the CITY or i�e ENGINEER for cause if either pariy fails substantially to pertorm through na fau[t of the other and does not commence correctian of EE�GINEERING f��;REEMEiVT Page 11 of 15 �uch t�anperformar�ce with Fw� (�) days t�f written notice and diiigently complete the correctiar� �hereafter. (2) bf this AGREEMENT is terminated for t�'�e con�enience cf the City, the LNGINEER will be paid f.or terminatian expenses as tollows: �} Gtist c�f reproductian �af partial ar c�mpfete �tudies, �i�?ns, ��ecificailans or other farms �f ENGiNEER'S work product; b) �ut-of pocket expens�s for purchasing storage containers, ��ro�lm, electronic data fifes, and other data storage supplies or setvices; c) -The time requirements for the �NGII�EER'S p�rsonnel to document th� wor� �+nd�rway �t �he tirne the CITY'S termination for convenience so that the wor.�C effart is suitable for long time stora�e. (3} Priar to proceeding with termination services, the �NGINEER will submit to the CITY an itemized statement af all termination. expenses. The CITY'S approval will be obtained in writing prEor to proceeding with termination services. �. 5uspension, ��lay,�or [nferrup�ion fio �91or�� The �CITY m�y ��spend, deEay, ar inierr�pt the services of�the �NGINEER for the �on��nience of tne CITY. In the event of such suspension, de�ay, or interruptior�, �n equ[table adjustment in the PROJECT's schedule, commitment and cast af the Lr-NGINEER's personnel and subcontractors, and ENGINEER's campensation will be made. � �. I�demnificafiion �1) �hP ENGINEER agrees to indemnify and defend the CITY from any loss, �ost; ar expense claimed by third par�ies for praperty damage and badily �9njury, including death, caused� sal�ly by the �agligence or willful �-niscon�uct of the ENGWEER, its employees, officers, a�d subcontractors �n connection with the PROJECT. � (2) �f �he r�egligence or willful misconduc� af both the ENGINEER and the CITY (ar a person identified abave for whom each is liabie} is a cause of such damage crr inj�ry, th� loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their � relative degrees o�F negligence or wil[ful misconduct as determined pursuant ta T.C.�'. & R. Code, sec#ion 33.011(4) {Vernon Supplement 1995). ENGINEEi�iNG AGREEMENT Page 12 vf 15 �. �ssignment �[either p�rty will assign all or any pari of this AGREEMENT wiihout the pr�or � ��rn#ten consent of the ather pariy. ;�, �n+�Prnrefafion Limitatians an E��bility �nd indemnities :n this �AGREENIENT are �usin��s �+�nderstandings between the parties and shall app�iy to all the differe�t theories of ��ecovery, including breach of contract or warrant�, to�t including negGgence, strict or statutory liabilify, or any other cause of action, except for willful miscanduct or �ross negligence for limitations of liability and sole negligence for indemnification. The term "Parkies" mean the CITY and the ENGINEER, ar�d theEr officers, pmploy�es, ag�nts, and subcontractors. � 1. :��,risdic4inn -�he law of the State of Texas shal� �gavern the vali�ity of th[s AGREEMENT, its interpretation and perFormance, anc! any other claims related to it. The ven�e f�r �ny litigatEon related to this AGREEMENT shall be Tarrant County, Texas. �J. Alte�na�e bispuf� Resoluiion {1 } r�Ml clairn�, disputes, and other matters in �u��ion b�tween the CiTY and �NGINEER arising out of, or iR connectian vwith this Agreement or th� �'RO.IECT, or any breach of any obligation or duty of CITY or ENGINEER hereunder, wiil be submitted to mediatiot�. If inediation is unsuccessfuf, the �iaim, disput� or other matter in question shall be submiited to arbitration if �hath parties acting reasonably agree that �he amou�# ofi the dispute is iikely �o be less than $5p,00fl, excl�sir�e of attorney's fees, costs and expenses.. ,arbitration shafl be in accardance with the Construction �ndustry Arbitration ��ies af the r�merican Arbitration Assoc�a#ion or other applicable rules afi the Association then in effect. Any award rendered by the arbitrators less than $50,004, exc�usive of attorney's. fees, costs and ex�enses, will be finaf, judgmant may be entered fhereon in any court ha�ing lurisdiciion, and �will r�o� be subject t� app�a] ar modification except to the extent permit�ed Iby Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 �a ncl 9 'I }. �2) !�ny award greater than $50,000, exclusive of attorney's #ees, costs and axpenses, may be litigated by eitner party on a d� no�a basis. The award �hal[ become final ninety (90} days from the date same is issued. If lit�gation is filed �y either party wi#Y�in said ninety (9Q) day period, the award �hall became null and void and shall not be used by either �arty for any �urpose in the litigation. ENGINEERING AGREEivIEN7 Page 13 oF 15 �c. �er�erabiliiy and Suevival Yf any of the provisions confiained in this AGRE�MENT are held for any reasan to be invaiid, ill�gal, ar unentorceable i� ar�y resPect, such ir�validity, illegality, or �npnfarcea�ility will not afFect any a#her pra�ision, and this AGREEMENT shal[ be �onstrued as if such in�alid, illegai, ar unenforceabfe provisian had never been r�ntained hereir�. Articles V.F,, VI.B., VI.D., VI.H., VI.I., and V1.J. shall survive ��rmination c�f this AGREEMENT for any cause. �.. �Abserve and Comply �NGiNEER shall �t all tim�s obs�rv� and comply with all federal and State laws �+tid r?gulations and wiih all Ciiy ordina�ces and regulations which in any way �ffect this AGREEMENT and the worfc hereunder, and shafl obsenre and comply rn�itn �II ��rd�f5, f�ws �rdinances and regulations which may exist or may b� ��cted later by go�ernir�g bodies having jurisdiction or authority for such �ractment_ No plea of misunderstanding or ignorance thereof shall be considered, �NGINEER agrees to defend, indemnify and hold harmless CITY and all of its a�fice�s, ��ents and employees from and against all claims ar liabiiifiy arising out of �?�e �ia[ation of any suc�t arder, law, ordinance, or r�gulation, whether it be by itselt �r �s employees. 11R. !�e�otia�ed �ogreemenk. Yhe parties ac�cnowledge that eac�t party and its counsei t-�ave reviewe� ar�d re�ised this Agreement and that the normal r�les of eonstr�ction to ti�e efFect that any ambiguities are to be resoived against the drafting party si�all nof be employed in the �ntefpre�ation of this Agreement or exhibits �ere#o. �riicle !!II A#�achments, uchedules, and Signaiu�es This AGREEMENT, includ�ng its attachments �nd 5C�1GdUIBS, constitut�s the entire AGRE�EMENT, sugersedes all prior written or oral understandings, and may or�ly be changed by a written amendment executed �y both par��es. The fo�lawir�g attachments and schedules are nereby made a pari of tf�is AGREEMENT: � Attachmsn# A- Scope of Services Attachment B - Campensation Attachment C- Amendments to Standard Agreement �'or Engineering Services Attac.hment D - Projec� Schedule Attachment E — Locatian Map ENGINEERING AGREEiVIENT Page 14 of 15 ATTEST: .� r f, ''� -,�_.�.i.K_ i .•T � + ''' - � ��ria pearsan � itv 5ecret�ry �� ' � � �;,��_ - Contra�t_ Aut�ar�-z�.ti.�� . � --• — - . -..,�.� - - - Date APPROVED A5 TQ FORM AND LEGAL.ITY �CITY O�' FORT WORiH �� — � � I� - S�� /% . ��lare A. tt !�ssista t City Manager ,�,PPRaVAL RECOMMENDED � � A: oQuglas Rademaker, P.E. � Dir�Gtor, Engineering Department � reese ar�d Nichols, Inc. �iV�lNEER � �� . �� Assis#an# Ciiy Af#omey ENGINE�RING AGRESMENT f�aga i 5 of 16 , :, � �J/._� _'.�/!�,✓�. - . - * ._ � , . µ ��, i��h I.:°�;j• W �, i ��` . � . � 1�� "' , � ��CH19dI�tdY "�� -.- ••- • -■ - "Scope �f 5ervices set forth her�in ;an �n)y t,e �m�ar�ified by additions, �larifrcations, �nri/nr deletions �ef r�artn �+� �he .ss�pplemental �cope of ��.rvices, In ��es cat` conflict between if�e Supplemental5cape of 5ervices �nd the General Scope �f Services, the Supplemental Scope of Services shall have precedence over the G�neral Scope of 5ervices." ` �� I�min�ry �onference wi�h C�#y i!�!� IEn�ineer �hall attend �reliminary conferences wtth authorized r�,qresentatives of khe �ity regarding the scope of project so that the plans and specifcations which ar� to be �fevefoped hereunder by tf�e Engineer will result in providing faciiities which are ��onomical in design and conform to the Cit�'s �equirements and budgetary constrai�ts. 2) ��g�dination with Ou�side �gencieslF�uhlic �ntifiies "fhe Engi�eer shail coardinate with officials �flf other �utside agencies as may b� necessary far the design of the proposed street, and storm drain and/or water and cY:��tp�!+�+pr�facilitieslimpr��ements. (t shall be the Engineer`s duty Y�ereunder to secure n�rg55�C}I in#ormation frnm such outside agencies, to meet their requirements. 3} �eotechnical �nves4igaiion� �`"e �ngineer shall ad�ise the City of test borings, and other subsurtace in�estigatians that �may be needed. In #he event it is determined necessary #o make borings or excavate t�st 'r��oles or pits, the Engir�eer shall in coordination with tf�e City and the City's geot�ehnical angineering consultant, draw up specifica#ion� for such te�ting program. The cost of the borinqs or excavations shall be paid far by the City. 4) Ag��em�nfs �nd �ermits The Engineer shalf complete alf formslapplica�ions to allow the City af Fort Worth to obtain any and all agreements andlor permits narmally required for a project af this size and iype. The Engi�eer will be responsi6le for negotiating and caordinating to obtain approval of the agency issuing the agreement andlar permits and w�ll maEce any revisions necessary ta bring the plans into compliance with the requiremenfs of said agency, including bui not limited to highways, railroads, water authorities, Carps of Engineers and other�utiliiies. 5} �esign Changes Rel��ir�g �o Permitiing Authopifies If permitting authorities require design changes, the Engineer shall �evise the plans and specifications as required at the Engineers own cost ar�d expense, unless such changes are required due to ci�anges in the design af the facilities made by the permit�ing authority. A- 1 if such chan�es are required, th� Engineer sha[I notify the City and an amendment to the �ontract s�all be made if the Engineer incurs additional cos#. If there are una�oidable �Plays, a mutually agreeable and reasonable time extension shall b� negotiated. �? �I�� ui�mitCal ��pies �f tl�� rigir�al �lans shall be prov'ided on �•eproducib�e rr�ylar or appro�ed plastic fii�m sheets, or as otherwise ap�roved by the Departm�nt Qf Engineering and snall become �he property of the City. City may use such arawings in any manner it desires; provided, h��wever tt�at #he Engineer shall not be liable for the use of such drawings for any project c�ther than t�e project descri�ed herein; and further pro�ided, fhat the Engineer shail no# ��e a��ble for the cor�sequences �f any changes that are made to the drawings or changes 4�at �re made in the implementation of the drawings without the wri�fi�n approval of #he Enqineer. Pb!da�� 1 �', �ight-of Way, �asement and ��nsi Acquisifion �deeds -�he �ns�ineer shall determ�n� ��e �ights-of-way, easement needs �or the construction ef #he project. Engineer shall aetermine ownership of such land and turnish the City with the �!Pr.essary right-af way sketches, prepare necessary easement descrip�ions far acquiring �� r�ghts-of-way andlor easements for the construction of t�iis project. 5ke#ches and easement descriptions are to be presented in form suitable for diract use by the Departm�nt flf Engineering in obtaining rights-of-way, easements, permits and licensing agreements. All materials shall be furnished on the appropriate City forms in a minimum of faur (4) copies each. $) �nesiqn Su�rey lr�e lEngin�er shail provide necessary field survey far us� in the preparation of Pians ar�d Specifications. The Engineer shal[ furnish the City certified copies of the fie[d data. �) t�4ilify �ao�dinafiion The Engineer shall coordinat� with all utilities, including utilities owned by the City, as to �ny proposed utili#y liens or adjustment to existing utility lines within the project limi�s. The informatiort obtained sF�al! be shown on the conceptual plans. The Engineer shall show on #he �reliminary and final p�ans the location of the proposed utility lines, existing utility lines, based an th� Vnforma#ion provided by the utility, and any adjustm�nts andlar relocation of #he existing lines within the project limits. The Engineer si�all alsa evaluate the phasing of the water, wastewater, street and drainage work, and sF�all submit such evaluation in writing to the City as part of ihis phase of the pra�ect. A- 2 �a d) �onceptu�l �fans '�he Engineer shall fur�is� fa�r (4) copi�s of �he Phase 1 concept angineeriRg �lans r�hich �±�ciude layouts, preGminary right-of-way �eeds and preliminary es#imates of probable ��nstruction costs far the Engineer's recommended plan. �or all submittals, fhe Engineer shal! submit r�lans �nd documents for stree�lstorm drain and waterlwastewater faciiities. Trie Engineer �ha�l receive wuritten approval of the Phas� 1 Plans from the GEty's project manager before proceedi�g with Phase 2. , �F��1S� � 1 i ) �esir�n �afia `�h� �ngineer •}h�ll �rovicfe design data, repnrts, cross-sectior�s, pro�ifes, �rainage �:alcufations, and prelimihary estimates of �rohable constr�ction cost. 12) ��eliminarr_y Cons�ruc�ion Plans and T'echnica� �pecificafiians rhP Engineer shall submit twenty (20) eopies af Phase 2 preliminary �Qnstruction �lans ,3nd fr�e (5) copies of the preliminary technical specifications for review by �he GYty and fior {submission to utiliiy companies and other agencies for the pur�oses of coordinating work with existing and proposed utilities. The preliminary construction plans shall indicate IncatEan n� ��astinglpropased utilities and siorm drain fines. The Engineer shall receive �ruritten appraval of the Phase 2 pians from the Cifiy`s pro�ect manager before proceeding with Phase 3. ' �H�+S� 3 13) �ina[ Consfieuction �ians Th� �ngineer shafl turnish f�e (5} copies of the final canstruciion �plans and contract �pecificatians far review by the City. � � i4) �e�ailed Cost Esiimate The Engineer shall furnish four (4) copies of deiailed estimates of pra6able construct9on costs for the authorized canstruc�ion project, whicf� s�all include summaries of bid items �nd quantities. �5} P�lans ar�d Speci�ca4iar� �►�pro►��I ?'he Engineer shall #urnish an original caver myEar for the signatures of authorize� City �fficials, The Cantract Dacuments shall comply wii� applicable local, sta�e and federal laws and with ap�Olicable rules and reguiatians promulgated by [ocal, state and national boards, bureaus and agencies. The Engin�er sha[I receive written ap�roval ofi the Phase 3 plans from the City's pro�ect manager b�fore proceeding with Phase 4. .�4- 3 �F�.�S� � ;�? �ina1 App�oved Cor�sfi�uciion Plans T�+e �nc�ineer s�al1 furnis� n5 bound copie� df Phase A� �nal approv�d t onstruc#ion �lans �n� contract specifications. The appraved plans and contract specifications �hail be �s�d �s authorized by �he City for use in abtaining bids, awarding contracts, and constructing the project. � � I} �idding �ossisfia�ce �he �ngineer shail issue addenda as appropriate tn lnterpret, clarify, �r expand the hidding documents, and assist the owner in determining the quali�cations and aGceptability of prospective consfructors, subcontractors, and supp[iers. When substitutio� prior to the award of contracts is allowed by the bi8ding docume�ts, the Engineer. wi�l advEse the awner as to the acceptability ofi alternate materials and equipment proposed by the praspective canstructors. 1 S) R�comme�datEon of dwa�d The Enginesr shalf assist in the tabulatian and review of all bids receiv�d �or th� construction of th� projeet and shall make a r�cammendatiori of award to the Cify. 19) P�ebid Gonfieeence Ti�e Er�gineer shafi attend the prehid conference anc! the bid t�pening, ��?pare E�id tabulatian sheets and provide assisfance to the owner in evaluaiing bids or prop�sals and in assembling and awa�ding cantracts for construction, materials, equipment, and S�NICPS. �b�� 20) �r�econs�ructian Canfe�ence The Engineer sf�alE attend the precanstruction conferenc�. 21) Consiruction Survey The Engineer snali be availabie to #i�e Gity an �matters canceming �:�:� fayouf �f t�,� project during its construction and wilf set control points in the fie{d to alCaw City survey crevrrs ta stake the project. The setting of line and grade stakes and route inspection of cor�struction +�il! be perfarmed by the City. 22) �if� WAisi�s The Engineer shall visit the praject site at apprapriate intervals as construction praceeds #a observe and report an the progress and the qualiiy ofi ihe executed �wor�. A- 4 23) ahop �r�awing ��view 'Tne �ngineer shall rev�ew ��op and erection drawings submitted i�y iime contractor for compliance with des�gn cancepts. The Engineer shall review la�oratory, shop, and mil! test ��ports on materials and equipment. Z4) Ynsfiruc�ions ta �ontractor ��!p Lng�n�er �L�all orovide necessary interpretations �nd Gl�rjficatigng �sf �nntract docum�nts, review' change arders and maf�e recommendatior�s as t� �the dcceptability of �h? +++rork; at the repuest of the City. ;�51 t ��A��nq �i�e �onditions ��e �r�qineer sf�all prepar� sk�tches required te resalve aro�lems �ue �� a�tual fieid cc�nditions encountered. �8) Record �rawings ihe Engineer shail prepare record arawings firom informatian �ubmitted by the �:.ontractor. ,�- 5 �►iTACbf�I�iVT � �014lI��NSA7l01V �OSY i11V��5 MlJL�1��I�F� WV��b �IIAXIl9AU[1� �� LIMIT i��YIO�V A, �un# �� Fxr_P�d: i h� rot�l i�E? f�r l�asic ��enrices �!� �4ttachment S� sriall h� �hmputed on lhe �asis of the �chedule of Gharges but stiaYl r,Qt exceed i;re� HUndred Twenty I�igi�t �housand, �ix Hundred �ighty Eight l�allars ($328,688). �f F�11 sees the Scope of Services changing so that A�di#ional Services are needed, inciuding but no# limited to tho�e�services described as Additional Services in Atiachment 5C, FN[ wiEl notify OWNER for OWN�R's approval before proceeding. �1d�itional services shall he computed based on the 5chedule of Charges. $, �r,hedule nf Char�e„_e4; �i�l�-,u.- �:7�f R�ii: - . - - . � - 5alary Cast 7imes 'Multiplier of �.3 � afary �ost Times Mulkiplier of �.� �a!ar}r Cast :s dE#ined as the ��st �of salaries (including sicK I�a�e, vacatian, dnd f'��liday pay applicabfe ±�er�to) plus unemployment and payroll taxes �nd contributions for social security, emplayment c�mpensatian insurance, retirement benefits, medical and at�er �insurance, and other miscel[aneous �enefits. � �- � -. _.�-, - Actual Cnst Times Mu{tiplier of 1.15 ather direct expenses �ha11 inciude outside printing and reproduction expense, communication expense, tra�el, transportation and subsistertce away from Far� Wa�kh and ather miscellaneaus expenses directly related to the werk, including cosks of laboratory analysis, test, and other work required to b� don� by i!��e.Qendenf persons ather than siaff merribers. For CAD services perFormed In-house by non-FNI employees where FNI provides workspace and equi�ment.tn �erform such services, these services will be +�illed at cost times a rnultiplier of 2.Q. This markup approximates the cost to FNI if an FNl errtployee was �erfarming the same or similar ser�vices. F2atp� fnr In-hnusP Se�`vir,es Gomputer and CA� PC CAD 5t�afions Interpra �'C Stations VAX Computer �10.Q0 per connect ho�ar $12.50 per connect haur � 8.00 per connect hour $20.OQ per connect hour �rint Shop Bluelines Off,set and Xerax Copies Offs�t and X��ox Capies GBC Binding (Regular Cover) GBC Binding (Emboss. Cover) Tape Binding (Regular Cover). Tape Binding (�mbass. Caver) �alcomp �latfer i�ond $ ?.00 per piot Ca�ar $ 3.5� per �lot l/ellum $ 4A0 per plot 4Vlylar $1a.fl0 perplot $ 0.07 per square faot $ O.D7 per single side copy $ 0.14 per doubls side copy $ 2.00 per boak $ 4.00 per boak $ 1.75 per bool� $ 3.75 per book B-1 0 Attachment B (continued) ��lan�e Airport 'iNest Carga & '�axiway �ase �id & �id Alternate 1 . �roposal of �roposed Cons#ructian 5upport Services Sen Task �IC �M �ngr Civil �ngr �lec Engr Aa�min iotal Hrs. Ffrs. Hrs. Hrs. Hrs. Ffrs. Hrs, �, F�re-Const Meetinq_ _ ___ __ �_ 8 8 4 21 CConstructian Coord Meefinas 6�4 24 8 96 �hoq Drawinq Reviews 20 20 40 4Q 120 M nC Reviews 20 20 16 S 64 I ��Y i��ql:�Sts 36 12 �E8 EChanae Orders 8 � 4 12 Proiect Close Dut 2 10 8 8 4 32 I Construction Service Admin 20b 200 � � TotaLKours 3 166 8b 56 68 22Q 593 � Labor Total I I$498 I�23.240 I$9,600 I �4.760 � $9.520 �$'I 1.000 ��$.6'I8 � Fcxoenses Resident Project Representative + 1 Q°/a Qualiiv Controk Testinca + 10% Travel 20 Trips@40 miles@ �0.365 Printina 85 Full Size Cr� $36.74 + 10% 15 Half Size Ca) $9.06 + 10% 100 Snecs fc� �39.24 + 9 0% iotal Exnenses 1�otal �stimaf�:d Construcitan Support Services Fee $172.626 $89.26fi $292 $3.435 $135 $�4.3 � 6 $2i0.070 $3��,68� � �TYACFi�AENT C l�mendments �a �tan rr� l��r��rnen� finr �nr�in�±prin� �prvir_pc 6t is specificaily understaod that the Gwope pro�ided in ��e , nPrai ^cop� af �ervices 5hall not :aqply except as ifi ralates to Phase � items number 24, 22 through 26. Ali scope items under �he General heading, Phase 1, Phase 2, Phase 3, Phase 4 and Phase 5 item 21 shall be ��I�'ted, In fulfillir�g Phase � number 2Q, 22 thoraugh 26, ENGINEER shall provide the fallowing Basic Services: �ASlC ��RV'IG�S: �IvGlNEER shali render the fopowing ;�rofessional SBNIC�5 in c.annection ;n+ith ihe deveiopment �f the Project: C�nstructipn �ervices �±��port; �N1 shall provide 1} General ��or�s�ntatinn actiuities that will include conducting Construction Coordination meetings and �eneraily 4,anfirming compliance of construction wark with contract documents, 2) �tesident Project Representative to obsetve the wark in progress to det�rmine if completed �N�rlc will comply with the contract documents, pravide field administration �f the �construction contract and determine that quality contral pragrams of the �4ntractor are producing acceptable results, and 3) Quality Cantro� Compliance tp�ting on behalf of the City of Fort Worth as identified in the contract documenfs. �, �'ypical Services wiEl incl�ade: a. Attend a pre-construction conferen�e �A,r�th t�h� C7wner, �7esign �ngineer, and rans�ructia�t contractor's key }�ersonnel and prepare rneeting minutes. Establish ti ommunication procedures with� the Owner, Design Engin�er, Consiruction �ontract Manager, and the cantractors. �1�. Submit monthly phfltographs and reports of construction progress. Reparts will c]escribe ��nstructian progress in general terms and summarize �araject costs, cash f[ow, construction schedule and pending and approved contract frlddl�IC�tIORS. �. �'stablish and maintain� a document control system designed , to track the processing of contractor's submittals and pra�ide for fi[ing ar�d retrieval of pro�ect documentation. Produce monthly repor�s indicating the status of all submittals in tMe ��view process. Send cantractar's submittals, including Requests for �nformafion, modification requests, shop drawings, schedules, and ather submittals ta the �esign Engineer and �wner for review in accardance witl� ihe raquirements of th� construction contract documents for the project. Monitor the �ragress of the contractar and to see that documer�tation is being processed in �c�4rdance with schedules. d. Review contraetor's application for payment and recommend payment in �r.r.nrdance with the procedures in fhe cans�ruction cantrac# documents. �. �bserve the progress of the work, monitar compliance with the schedules and �-1 requirements af the contract documents and help resolve any conf[icts. Pravide daily project reports of observations made. Photograph aspects of the work that �+rill not be visible when all of the improvements ar� completed and fully aper��tional. ln additian ta the Resident Project Represen�ative, the Design �ngineer shall visit ti�e site with appropriate tEchnicaf and person�el as ne��ssary to assure themselves that the work is being install�d in general r,anforma�ce v�rith the contract documents. �_. Per�orm a�ceptance sampling and testing of materials as described in the ��ntr��t documents by a testing laboratflry on an as-need�d basis. �, �o�uduct �an�hiy proj�ct �ragrass meetings :ti�ith tt�e Contractor, Owner, and nesign Engineer. Produce meeting minutes documenting the discussions h�ld anr� �ecisions reac�ed at those meetings. �;. Establisi� an� administer �uali#�r .�ssu�ance proc�dures in accordance with the �onstruction cantract documents. Notify contractors of non-conforming work e,bserved, m�nitor correcfi�e procedures for defecti�e wark, coordinate special rnaterials tests and performance tests needed to abtain a praject that conforms 2n �eneral with ff�e requirements af the cantract docurnents. r��view dacumer�ts provided by the contractor such as test reports, equipment �nstallation reports or other documenfiation as required by the canstruction contract documents. Notify the Owner of deviations identified in thase reports. j. Establish procedUres for administ�ring cantract c�anges to the construc#ion contracts. Process contract modffications and negotiate with the contractor on behaff of the Owner t� determine the cast �and time impacts of thesa changes. Prepare changelfield order docur�entation for approved changes far execution by the Owner based on informatian provided by Design Engineer, k. Routinely examine the contractar's "as-built" drawings ta determine that information appears to be recorded in an accurate and timely manner by the contractor as requirad in the constr�ction contract documents. Receive tnese drawings from the Contractor and forward t�em to the Design Engineer at the completion af the project so the origina! canstruction drawings can be revised by thP o�sign Engineer in accordance with the ir�formation furnished by the Lanstruction cantractor to reflect changes made in the project during �n!1St1'UCtIOn. ��sist ir� pro�ect complet�on activities at the canclusion af canstruction. JDuring the project substar�tial camplefion inspection, the Design Engineer shall be �r�sent at the site to taEce the lead in caordinating the facility check-aut. The k��sident Project Representative will assist the Design Enginaer in testing c�ntrols, testing equipment, and praviding- lists of deficient items. Observe ��ompfeted construction for general conforrr�ance with the design concept. Campi�e a list of deficiencies to be corrected by the contractor. The �ist will include items identified �y the Owner and Design Engineer as a result of the walk-through. Upon correction af the items an the defiieiency list and other items as may �e determined, recommend final payment t4 the Owner. At substantial C-2 �c�mpletion af the project, the on-site Resident proj�ct Representative will leave th�e project site. Additiona[ time on the project ff required is an additional service that can be made a�ai�able. �-3 �TT.�CHii��I�T � �rni c4 S�h �Ip YI�� QF COII�PLFTIO�1: �f this AGRE�MENT and ;schedule: FNI is authorized to comrnence work an t�e Project upnn execution agrees to complete the services in accordance with the follouving �=1�1 will �ro�ide professional se�vices as �escribed herein in accordance with the following s�hedu�es beg�nning at the date of Notice ta Proceed given to the Contractor: E�ase E�� -+ .q,�tpr�a#e 1-- ;��q Calendar Y�ays �N! resPr-�es t�p right �a ext�n� the completion schedule du�e to OWNER's deiays. Addition�l comper�sation may be requ�sted by FNI if project is uncluly prolonged due to delays beyond t�� c�?�trol of FNI 1�-1 A'�'T�CHIVV�[ENT °G�" �i,ocation 1YIap) ��_,.� I l�,�rfl q' 4 a�j ` �, -� 0 ��EL cEN RA�- MILLs ' N,s �� .,�'~ . �� a �: �� / „ , 11 'r �� — - � �'---- �L----� % � .—�'--- ,- , � � �� -- r� � � � _ J� �a`�. �! .i .��i� � n � �• � - - -- - -- ------- � - �r_�- - - - [3., HUNWAY 16L/34R � � -� RLfNWAY 16L/34R � ' RLfNW{IY 16L/3AR ia � . / --- — -- -- � -- - =` # 1/l � .� _ : ; .a 1) � haL �dwr�wwr.wwvr��s��J��'� �vo�d�� r. nww � -lil�T....�� L��3....��7rid.��.1�._� ...._ �Jl.�yw..._�_�....F�....��--�-1_��, �' L��..��..�.._`_JL_______��A��_�L �� A��i��A�� ' • • a ` � '` � _ . a � _ i . . . -- - - - , , �. �^(� `-�.__ �� _ - - _ . ; � � ' �` .il:. - •.,.. �� .s . � ; .._ ': �' I � '� � . _ „ _ �� &3�l � -'�~ .s1� '� i � � ? "�'°y�0� 'Ir �r +� ��_ � . . 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TAXIWAY 'A` ' : . � __' � - -- — . ' _' TAXIWAY �A'---- �' � i � � - - ' — -- J � ------•---��4� / ' . � -- - --- � • . r . �r -- . ' _ � l' �a N ..,,�,. ,.�,.�:. � .. �, f�.l�/ �� .•. i. ..-••r -'e��-�ir�er�s-"�",,;.�r--c--�ar-^f'-r--r--rmse�r-ti � F --- }� --�� _ �,a , N � �i Y - -..�-��' �.. - - �- :,.1 m ,� d6 .. -- ---- � ' - '__.....- m----'-'�`^�c ...... __.._»_,..�__ ��lf�_..�___.. �- ��. p � A .i,. O Q o . � ; m� �r � i .•";*1. f�P� :�;o3rn. = 3 �I $. - 0 d �r � �>�'��.-�F.� ��r-� � L . - ' ii }I ' � �: � I a �S � a m r .,'n.� L..; �a�' ,ti�_ �."� : r" �r _. ,. � � p 4 � x=, ;�,�;��• ..4. __.- � � , � . � �� . �,..... m , ..�� y �•, ad z p . o d �, ` � o �.... � 6 " mymWo i �ALL1pNCE AIR S�RVIGES � � � zaam . i A L L IA NC� A V I A T I O N S E R V I C E S � m o� �ooa o � I • „ FAA FL.IG1iT STANUARDS � .., o,�, " �"�, 0 _ ,.. � IZn � Ij . LI� r . . �� o � ILL4f[ � 1 I I' � f 'R- , a� � � � � G . ,�{IIfIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIL i o � �;, - ��.. ,. .__ .. _ __ � _ _ � , � � C . � � � �� , . .� Y Y � � r ,� � � � � �, � d¢ ., . / � • r � €'o / � .� o �' � � � {I mg '�PMENT t ,a 1 ' ON � i II `y`�;: ,� �� t �" �. �. � � ' � � �� ,. -. .. � �l Il�lfllllllllllllllllllllllillllllll , � � � � �z� LL p ,3p0' S00' I SHE�T� �o �".;�n' GN-03 5� �. ` .._ _ .., .. .. . .............. .�. _ , ,. ,.. � - — •--- � � -- — _ - � �;'i_t.y af �'ort �n�t�i, �"exa.s � �� n� vc�� c�� DATE REF�RENCE NU(v�BER LOG NAME ' PAG� 1l21103 **�b� g��4 � 3aCARGO � of 2 sueJ�cT qWARD OF AN ENGIlVEER1NG SERVICES CQNTRACT TO FR�ESE AND NICHOLS, INC. FOR CONSTRUCTIO�! ADN[INISTRATfON AIVQ lNSPECTEON OF WEST CARGO TAXIWAY INlPROVEMENTS AT A�LIAhJCE AfRPORT (DOE 3958) RECOhIEMEl�DAT10N: It is recommended that the City Gounci� authorize the City Manager to execute an engineering services �o�tract witf� Freese and Nichols, Inc. .for cor�struction administration and inspection for west cargo faxiway impravements at A�liance Airport in th� amo�nt of $328,688. DISCUSSiON; Or� November 9, 1999 {�&C G-12728), the �City Councif authorized the City Manager to apaiv for and accept a�ra�t from the �ederal Aviation Administratian (FAA). The grant is to �e �sed to fund th� design and construcfion of a carg.o apron and taxiway �ocated at the sauthwest corner af Alliance . Airport. � Th� total FAA fu�ding grants available are $6,496,021, and the City's par�icipation of $729,780 is from in-icind credit that the Ci#y has as a result of land donat�d far this project. On December 10, 2002 (M&C C-99738), tt�e City Gauncil authorized a cor�tract for const�uction of this project for .$5,849,367.88. The. remaining $646,6�3.T2 in the FAA grani funds wil! be used f�r construction services, contingencies and change orcters. The recommended contract wit� Freese'artd Nicho�s, lnc. includes.constr�ction administratior�, review af shap drawings, inspectian and q�ality control mater�al testing. Staff has reviewed the Proposal and considers it to be reasana�le far the work ia be perFormed. I �reese and Nichols, Inc. is in cc�mpliance with the City's DBE Ordinanc� by �ommittir�g ta 48°!o DBE participation. The City's goal on this project is 3Q%. i� This project is lacated in COUNCiL DiSTRiCT 2, Mapsco 7P. . ' �'ity a� f'�� !�r_t.h; �'exas �� If1� �,��it1�Dr ��1��1��1��i�� DATE REFERENCE NUMBER LOG NAME PAG� '1121103 *�� 3q� 30CARGa � 2 of 2 � �us.��cr AWARo OF AN ENGlNEERENG SERVICES CONTRACT TO FREESE AND NICHOLS, y i�'�,l�'. fi�]R CON�TRUCTION ADMINISTRATION AND INSPECTION OF WEST CARGO ;�f�7C1WAY I�NlPROVEMENTS AT A�.LiANCE AIRPORT {DOE 3958) FISCAL INFORMATlONICERTIFICATION: i he Finance Director certifies that funds are available in the current oper�ting budget, as appropriated, of the Grants Fund. ' � M4:r � � 5ubmitted for City Manager's Office by: lv�arc Ott Originating Department Head: ]7ouglas Rademaker Additional Iniormatiun Contact: Douglas R�demaker I F.CJND I ACCOUNT � C�NTER � AMOUN'T � _ C�'Y BECRETARY j � {to} - � � . 8476 i � 1 I � 6157 i (from) APPROVED 1/21/03 �GR14 I 539i20 055218822010 I$328,688.Op � I � � � � � G157 __ - — C`ity o� �'ort �o�th9 Z'exas ��y�� d ��c�r��;Q ��r»�c�r�;�a�;�r� �AT� REFERENCE NUMBER LOG NAME 1'AG� 1/21I03 **�o� ��, 30CARG0 1 af 2 5UBJECT AWARD OF Af� ENGINEERING SERVICES C�NTRACT TO �R��S� ,��{p NI�HQ�:�, II�C. FQR CONSTRUCTION ADMINISTRATION AND INSPECTION OF WEST CARGO TAXIWAY IMPROVEMENTS AT ALLIANCE A[RPORT (D4E 39�8) RECOMMENDATION: It is recommended that the City Cauncil autharize the City Manager to execute an engineering services contract with Freese and Nichols, Inc. for cor�struction administratinn and inspection for west cargo taxiway impro�ements at Alliance Airport in the amaunt of $328,68$. DISCIlSSlON: On NoWember 9, 1999 (M&C G-12728), the City Council authorized the City Manager to apply for and acce�t a grant from the Federal Aviation AdministratEon {FAA). The grant is to be usec� to fund the design and constr�action of a cargo apron and taxiway located at the southwest carner of Alliance Airport. The total FAA funding grants available are $6,496,021, and the City's participa#ion af $721,780 is from in-kind credit that the City has as a resu�t of land donated for this project. On December 10, 20D2 (M&C G19738), ihe City Council authorized a cantract far construction of this project for $5,849,367.88. The remaining $646,653.12 in the FAA grant funds wi[I be used for consfiruction ser�ices, confingencies and change orders. The recammended contract with Freese and Nichals, Inc. includes canstruction administration, re�iew of shop drawings, inspection and quality control material testing. Staff has re�iewed #he proposal and considers it to be reasonable for the wark to he pertormed. Frees� �nd Nichols, Inc, is in campliance with the City's DBE Ordinance by cammitting #0 48% DBE participatian. The City's goal on this project is 3Q%. This project is located in COUNCIL ❑[STRICT 2, Mapsco 7P. City o, f�'ort b�o�th, Texas a�y�� rr�d ��u��d ��u��c�t;�r� DATE REFERENCE NUMBER LOG NAME PAGE 1121103 �*�d� gq�34 I 3�CARGO 2 of 2 SUBJECT AWARD OF AN ENGINEERING SERVICES CONTRACT TO FREESE AND NICHOLS, INC. FOR CONSTRIJCTION ADMINISTRATION AND INSPECTION O� VIIEST CARGO TAXIWAY 1MPROVEMENTS AT ALLIANCE AIRPORT (D�E 3958) FISCAL INF'ORMATIONICERTlFICATI�N: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Grants Fund. MO:r SubmiEted for Cify Manager's Of�ce by: Marc Ott 847G Originating DeparEment Head: Douglas Rademaker &157 FUI�TD I ACCOUI�IT � CENTER I AMOiJNi' (to) � I (from) � GR14 539120 055218822fl10 $328,6$8.00 � 1 � � CITY SECBETARI' APPROVED L/21/03 Additional iofarmstion Contact; Dnuglas Rademaker 6157