HomeMy WebLinkAboutContract 28526• �,
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STATE OF TEXAS
COUNTY OF TARRANT
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KNOW ALL BY THESE �O���E�"A�1P �_., 1. r
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THI,S AGREEMENT is made and entered by and between the Ciiy of Fort Worth, Texas,
a municipal corparatian siivated in Tarrant Caunty, Texas, hereinafter called th� "City",
acting herein �y and through its duly authorized Assistant City Manager, and ALTI
Contractors, L.P., hereinafter called the "Consultant" for the purpose of praviding
professionaI services for Citizens Convenience Centers.
WITNESSETH
That for and in consideration of the mutual covenants and agreements herein contained,
the parties hereto do hereby covenaz�t and agree as follows:
SECTTON T SERVICES OF THE CONSULTANT
1.1 The City hereby eontracts with Consultant as an independent contractc�r, and the
Consultant hereby agrees �o perform, within the p:ra�essional standards normalIy
accepted in the State of Texas, prafessional s�rvices it�z connec�ion with the
followi.ng g�n�ral scoge af wark:
Prepare Project Analyses for four sites for the locatian a�' Citizens Convenience
Centers
Cansultant has emplayed the e�gineering firm of Fre�se & Nichols to perform any
portion of the scope of wark that requires performance by a licensed engzneer.
SECTION II PERSONNEL
1. The foIlowing personnel will be assign�d to this Project:
1.1. City ofFort Worth
1.1.1. Proj ect Manag�r: Milte Mathews
1.2. Cansuliant
1.2.1. Principal in Charge: Chuck �ackson
2. Neither party may change key personnel withou� agreement by the other party,
SECTION III CHARACTER �F CONSULTANT'S SERVICES
1. ��Perform services as outlinad �n Scape o� Services letter dated February 27, 2003,
which is attached to hereto as Exhibit "A" and i.s made a part of this Agreement for all
purposes. Consultant shall consult with the City to clarify and define City's
requirements relative to the assignrn�nts and review available data.
2. The schednle for th� Project �s:
2.1. Camplet� Project Analyse� within 90 calendar days.
3. Consu�tant agrees to co7nmit the personnel �o ea�ch assignmeni contained in Exhibit A
as necessaty in arder to complete the assigi�ment withirt the stated tim�.
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4. The Consuliant shall advise Ciiy as to the necessity of City"s providizig or obtainizzg
from ot}�ers services and data required in connection �vith the Assignment at City's
cost and expense (which services and data Cons�ltant is nat to provide hereunder but
on which Consultant �nay re�y in performing services heretuzder), and act as Ci�y's
representative in cozuiection wzt� any sucia services of others.
5. T'he Consultant shail be rezt�bursed for printing costs.
SECTION N SPECIAI. SERVICES 4F CONSULTANT
1. �f authorized in writing by City, Cansultant shaJ.l furnish or obtain from o�b.ers Special
Services necessary �o complete the assignrnents at a cast staied to the Facility
Manager by lettar.
SECT�ON V COMPEI�TSATION TO CON�ULTAl'�TT
1, The total carnpensation for a�l of the assignments ta be perfaxmec� by Consu�tant as
described in CHARACTER AND EXTENT of CONSTJLTANT'S SERVICES hereof
shall nat exceed $�3,2IO.OQ, including the cost of any reiznbursable. Haurly rate af
services shall be as stated in E�hihit S attached hereta %r �11 putposes. Consultant
agrees to complete the entire scapa of wo�k at the stated not-to-exceed axnount,
regardless af the haurs required.
SECTION VI METHDD OF PAYMENT
1. Thc; Consultant sha�l be paid not more freque�tly than o�.ce per month on th� basis af
stateme�ts prepared from the books and records of account af the Consultant, such
statements to be verified a� to accuracy and compliance with �lie ter�s of this
Agreement by an officer of the Consultant. Payment according to statemenis will be
subj ect to certi�ication by the Director of the Transportation and Public Woz�,s
Department or his duly authorized representative that such work has been performed.
2. The above charges are on. the basis of prornpt payment of bills ren�ered and
continuous progress of thc woz'k �n the Assignment until completion. 7f City fails ta
make any ageed to payment due Consultant for services and o�t of-pocket expenses
within sixty days after approval o� Cansnitant's s�atement thereaf, Consultant may,
after giving seven days' written noiice to City, Sll5�1el1{� 5BTV1G�5 Lll1C�0T �1t5 AgC6017t�I7t
until Consultant has been gaid in full alI amounts due for services actually performad
and out-o%pocket exp�nses aetually incurred.
SECTION VII PROCEDURES F�R PROVIDTNG SERVIGES
1. City sha1l notify the Cansultant when ii is apprapriate to proceed with the services.
2. The Consultant shall visit the sites and make hirnself familiar with the scape af the
assignment
3. The Consultant sha11 provide up to two forma.� presentatio�s of ihe Project Analyses
at vaz-ious stages of the inves�igation.
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�. All des�gns, drawings, specifications, docu�nents, and other work products of the
CONSULTANT, whether itr. hard copy or in electroz�ic form, are instr�ments of
service for this PROJECT, whether the PROJECT is cflmpfeted or not. Reuse,
change, or alteration by the CIT4' or by oihers acting through or on behalf af the
CITY of auy such instn�mEnts of service withoui the written �ernussion of the
CONSULTANT will be at the City's sole risk. The CITY s�aall own the final print�d
CI�51g115� drawings, specif caiions and documents. Trans�er af ownership of the
contract c�ocuments does not cons�iLute sale af the c€ocumer�ts
SECTION VIII CITY RESPONSIBILITIES
1.. Provide criteria and information as to City's requirements and designate a person with
authority to act on City's behalf on aIl matters concerning the Assignmeni.
2. Assist Consultant in obtaining existing s�udies, reports and ofher available data and
serviees of ofiliers pertineni to the Assigxament and in obtaining additional re�orts and
c�ata as required.
3. Upon reasona.ble natice arrange for access to and make ail provisions for Consultant
ta enter upon pulalic and private property as may be required �`or Consn�tant to
perform services hereunder.
4. Designate in writing qualified persons who will act as City's repxesenta�ives with
respect to the Assignment for the purposes of transz�,ittmg instnxctaons, receiving
inforrnation, interpreting and def ning City's palicies and decisions with respect to
Consultant's services.
5. Re�vieva a11 reports, rccomrnendations and ofilzer documents and provide w�itten
decisions pertaining thereto within a reasonable time.
6. Upon reasonahle notiee pravide labor and safety equipment to expose sttuctural
elernents, to make temporary repairs, arsd to operate mechanical and electricat systems
as required by the Consultant in the serv�ices.
7. Provide such legal, accouniing, :uasurance and other counseliu�g services to City as
may bE required for the Assignment.
$. Bear all costs incident to compliance with this Sectipn,
SECTION IX TE1t�ATT4N
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l.. The City may terminate fihis Agreement at any tizz�e for canvenience ar foz' any cause
by {30) thirty-day notice in writing to the ConsuZtant. Upon receipt of such notice, the
Consultant shall irnmediately discontinue all se�vices and work and the placing of all
orders or the entering into Contracts for suppl�es, assistance, facilities and mafiez�als in
connection wath th� performance of this Agreement and shall proceed ta cancel
pramptly all existing contz'acts insofar as they are chargeable to this Agreement.
2. If the City termir�ates this Agr�ement under the faregoing paragraph, the City sha�l
pay the Caz�sultant far services perfarnled in accardanc� herewith prior to such
termination, less such payments havir�g been previous�y made. Such p�yu��ni Shal�. ne
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based upon the work comp�eted up to the date of termination of �he Agreement iz�
aceordance with the method of campensation �rescribed in Sectians V and VI h�rea�
Consultaxzt shall also be compensated for all t�nnination-relatec� expenses such as
meeting attendance, document reproduction, transfer of records, etc.
3_ [Tpon early termination or conclusion of this Agreement, the Cozzsultant shall provide
the City reproducible copies of all completed or partially completed documents
prepared under this Agreernent that shall became the property of the City and rnay be
used by the City in any manner it desires. The Consultant shall not be liable fo� the
use of such materials for any project other than the praject described in this
Agreement.
SECTI�N X INDEMIVITY AND INSURANCE
1. Approval by the City of contract docnments shall not co�asti#ute or be deemed to 1�e a
release of the respansibility and liability of the Consultant, its off cers, agents,
employees and Subconsultants, for th� accuracy and competency of the servzces
performed under this Agreement, including but not limit�d to surveys, location of
subsurface znvestigations, designs, working drawings and specifications and other
documents.
2. Sucla appraval shall not be deamed ta be an assumption of such responsibility and
Iiability by the City for any negligent act, error or amissian in the conduct or
preparation of the subsurface investigatians, surveys, design�, working drawings and
specifications and other documents hy the Consultant, its afficers, agents, employees
and Subconsultants, it being the intent af the parties that approval by the City signifies
the Ciiy's approval of only the ge�eral design concept of the improvemen#s to be
constructed.
3. In #his connecfion the Consultant shall indemni�fy and hold the City and alI its officers,
ag�;nts, servants and employees hartnless fram any loss, damage, fiability or expenses,
on account of darnage to property and injuries, including death, to r`.l�l r3�SbIl5,
including but not limited ta o�ficers, agents, or employees of #he Consultant or any
subconsultant, and aIl other persons perfar�miug any part of the work an.d
impravements, which rnay arise out of any negligent act, errar or omission in the
perf'ormance of the Consuliant's professionaI services. In no event shall the
Caz�sultanfi be Iiable for consequen.tial damages.
4. The Consultant shall de�enc� at i�s own expens� any suits or other proceedings
brought against the City, its off cez's, agen�s, servants and employees, or any o� them
on account thereof, and shall pay a.11 expenses and satisfy all �udgments which may be
incuned by or rendered against them arising out or the indemnificatian; provided and
except, however, that this indemnification provision shall not be consirued as
requiring the Consultant to indemzufy or hold the City or any of its officers, agents,
servants ar employees harmle�s £rom any Ioss, damages, liabili�y or expense, on
acco�xnt of damage to property� or injuries to persan caused by defects or deficiencies
in �esign criteria based upon information iurnished Consultant by City.
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5. VVithout limiting th� abo�e indemnity, Co�sultant sha11 maintain a policy of
comprebensive general liability i.z�surance caverage with cazxiers acceptable ta City in
at Ieast the following amounts:
Camrnercial Gen�ral Liability
Employers Liabzlity Insurance
Bodily Injury
$500,040 Policy Limit
$500,000 Bodily Injury by Disease, each
employee
Workers Compensation
Coverage A: Statutory Iixnits
Coverage B: Employer's Liability
$100,000 each accident
$500,OQ0 disease - policy Iirnit
$104,004 disease - each �mployee
Business Automobile
Combination Single [imits
Pe�rsona� Injury
Uninsured
$1,OOQ,004 per 4ccnrrence
$540,040 Eaeh Accident
$5�0,000 each accident
$2,SOQ each p�rson
$54D,000 each accident
Prafessional Liability Insurance
(Errors and Omissions) $I,OOQ,OOD per claim
$2,QOO,OQO Projec� agg�regate
6. Consuitant shall furnish City a Certif cate of Insuranc� in at Ieast �he above amounts.
Certificaie shall con#ain a provision that such insuranc�; cannot be canceled withont
30 days priox wriiten natice to City. The.City reserves iha righ� ta revise insura.z�ce
requirements specified in this agreement to the best interests Qf fi11e City.
7. General Insurance Requirements
7.1. Cortunercial General Liabi�ity coverage shall be endorsed to name the City an
Additiona� Insured thexeon, as iis interests rnay appear. The term City s�rall include
its employees, officers, officials, ag;ents, and vohmteers as respects the contracted
5�TV1C�5.
7.2. Certificate(s) of ins�irance shall doeument that in�urance coverage's specified are
provided under applicable policies d�cume�ted tk�ereon.
7.3. Any failure on part of the City ta request requi.�red i.nstarance documentatian shall
not constitute a waiver of the insurance requirements.
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7.4, A z�inimum of'thirty days notice of cancellation, non-renewal oz m�.terial change in
co�erage shali be provided to tl�e City. A ten days notice sllall l�e a.�ceptable in the
ev�nt ofnon�payment of premium. Such terms shall be endarsed onto Consultant's
insurance palicies. Notice shail be sent to the Facilities Tvlanag�r, Transportationr
and Public Works Department, 1�00 Throckmorton, Fort Worth, TX 76102.
7.5. The City shall not be responsible far t�� direc� payment of any insuranee premiums
requzz'ed by this �.greement. I� is understood f.hat insurance cost is an allowable
component of th� Consultants general overhead.
7.6. The City reserves the right ta revise insurance re�uirements specified in this
agreement according to the best interests of the City.
7.7. Tn�urcrs for all galicies must be autl�orized to do business in the state af Texas ar be
otherwise apprcaved by the City; and, such insurers shall be acceptal�le tv the City in
terms af their finaancial strength and solvency.
7.$. Dednctib�e ixmits, or self-insured retentions, a,ffecting insurance required herein
may be acceptable to the Ci�i at its sole discretion; and, in lieu of traditiona.l
insurance, any al#erna�ive coverage maintained through insurance pools or risk
rete:ntian groups must be also approved. Dedicated finar�cial resourees or Ietters of
credit may also be acceptable ta the City.
7.9. The City shall he entitled, upon its request and wifillout inclu�7Tlg expense, to r�view
the Cransultau�'s insurance pa�cies including endorsements thereto and, at �he .
�ity's discretion; the Consultant m.ay be requir�d to provide proof of insurance ;
premi�un payments. I
7.10. The C:ity shall not be respansible for the direct payment of any ins�rat�c� �,
premiums required by this agreement. It is understoad that insurance cost is an �
allowable componen.� of Cansultant's indirect overhead �
7.11. A11 insuxanee, exce�t for th� Pro�essiox�al Liabili�y insurance policy, shall be
written an an accurrence basis.
7.�2. The Pxafessional Liability Pnlicy shall be written on a"clairns made" at�.d
shall be in effect for the duration of this agreement and far 12 months fouo�in.g
completion oi se:rvices under t}v.s Agreement. The Consultant's curr�nt �insurer
shall _list the City as a certificate holder for a period of ten years following the
�ssuance of the Certxficate of Substantial Completion hy ihe Consultant. The Ciiy
shall l�e notified at least 30 days griar to cancellation or substantial change in
coverage.
7.13. Subcoz�sultants to the Consultanfi shall be requared by the Consultant to
maintain the same or reasonably equivalent insurance coverage, except for
Professional Liability Insurance, as required far tYre Gonsultant. Consultant sha.11
provide City with documentation thereaf or� certi�cates of insurance. The
Consultant shall assure that Subcoz�sultants �rovide accepta�le and appropriate
levels af Pro�'essional Liability coverage or tha# the Consu�tant's cvverage pravides
coverage for the work of the Subconsu�tant. Notwiihstanding anything to the
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contrary conta.ined herein, in the event a subconsultant's insurance coverage is
canceled or termana.ted., snch cancell�tian or termination shall not constitute a
breach by Consultant af the Agreement.
ARTICLE XI INDEMNITY PERTAIlVIl�G TO HAZARDQUS MATERrALS
1. City acknowledges CQnsultant will perform part of the wark at City's fa�ilzties that
may contain hazardous materials, incluc�ing asbestas containing materials, ar
condif�ons, and that Consultant had no prior role in the generation, treatrnen�, s#orage,
or dXsposition o� such materials. Tn consideration of the associated risks that may give
rise ta claims by third partiEs or emp�oyees of City, City agrees i� so far as pern�itted
by Iaw, to indemnify Consultant from any and aIl losses, damages, clairns, or actions
brought by tnird party or employees of City agains� Consultant or Consultant's
employees, agents, officers, or directors, in any way arising out of the presence of
hazazdous mat�rials or aonditions at City's facilities, except for claims shawn by final
judgment to arise out o� the sole negligEnce o� Consultant. The City shall de�end at
its own e�pense any suits a� other proceedings brough# agains# the Consultant and its
afficer�, agen#s, �ervants, and empioyees ar any of them on account thereof Nothing
herein shall be construed so as to require the City to levy ar assess any ta�.
2. rn cannection with hazaxdous waste, including petroleum products, City ag:re�s to the
rnaxirnum extent perinitted by law to defend, hold harmless an� i�dernnify Consultanf
from and against any and all claims and liabi�i#ies resulting from City's vio�ation of
any federal, state or local statute, regulation nr ordinance relating to �he disposal o£
hazardous substances ar canstituents. Nothing k�erein sha11 be construad so as to
requixe �he City #o Ievy or assess any tax.
3. The requ�rements cantained in this Seciion shall not apply if the Consultan.t
introduces the l�azardous materials ar conditions.
SECTION XII RIGHT TO AUDI'I'
1. Consulta�� agrees that t1�e City sha11, un�til the expiration of #hree (3) years after final
payment under this Agreement, have access �a arid the right to examine any direc#ly
pertinent books, documents, papers and recart�s af the Consu%tant involving
tran�acti�ns relating to this Agreement. Consultan,t �grees that the City sha11 have
access during normal working hours to all necessary Consultant facilifies and shall be
provided adequate and appropriate workspace in order to conduct audits in
compliance vt�zth the provisions of this section. Th� City shall gi�e Consultant (30)
thirty days advan.ce notice of intended audits.
2. Cansultant filrther agrees to include in aII its subcontxacts he�reunder a provisian to t�e
effect tha� the subconsultant agrees that the City shall, untzl the expiration of three (3}
years after f�nal payment tusder the subcontract, have acces� to and the right to
exa�nine any directly pertinent books, documents, papers and records of such
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subconsnitant, involving transac�tians �o the subcontract, and further, that Ciiy shall
have access duzing normal working hours ta all subconsult�nt facilities, and shali be
�rovided adequate and appropriat� work space, in order to conduct �udits in
caxnpliance with the provisions of this article. City shall give subconsultant (30}
thirty days advance notice of intended audits.
3. Consultant and S�bc4nsultazzts agree to photocapy such project-related docnmenis as
may be :requested by the City. The City agrees to reimburse Consultant and
Subconsz�ltant for the costs of copies at the rat� published in the T�xas Administrati�e
Gode.
SECTION �II SUCCESSORS AND ASSIGNS
1. The City and the Consnitant each bind themselves, iheir successors and assigns, to the
other pa.rty to this Agr�ernent and �ti the succcssors and assigns of each other party in
respect to all covenauts of this Agreement. I
SECTION X[V ASSIGNMENT
�
1. Neither party hereto shall assign, sublet or firansfer iis interest herein withaut prior �
written cansent of th� other party, and any att�mpted assigunent, sublease or tra�sfer
of al� or any part hereof without such prior writien consent shall be void. �
SECTION XV �.I'�DEPENDENT CONSULTAI�T
1. Cflnsultant shall perform all work and ssrvices hereunder as an ind�pendesit
Consultant, and nQt as an aificez', agent, servant ar employee of the City. Cansultant
shaIl ha�e exc�usive cantral of, and the exclusive right to control the details o�` the
work perfartned heraun.der, and all persons performing sarne, and shalF be solely
respansible for the acts and QI71l551QTiS af its afficers, agents, ernployees and
Subconsultar�ts. Nathing herein sha11 �e construed as creating a par�ann.e�ship or joint
vent-ure b�tween the City ata.c� ihe Consultant, its officers, agents, emplayees and
Subconsultants, and dacirine o£respandent superior has no application as between the
City and the Gonsultant.
SECTIDN �VI. OBSERVE A1�1D COMPLY
1. If penrnitting authorities require design changes so as to comply wit� publishe� design
criteria and/or current pxactice standards, which �the Consultani should b�ave been awate
of at the time this Agreement was execut�d, the Consultant shall zevise plans and
specifications, as required, at its own cast a�d �xpense. Howve�er, if design changes are
r�guired d�e to the changes in the permitting autharities' published design criteria and/or
practice s�andards crit�ria whi.ch are published after the date af this Agreement w�iich
th� Const�ltant could not have been reason�bly aware of, the Consuitant shall notify the
Ci�ty of such changes and an adjustment in compensation will be made through an
amendment to this Agreement.
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SECTION XII. VENUE
1. Venue of any suit or cause of action under this Agreezzient shall lia in Tarrani County,
Texas.
IN TESTIMONY THEREOF, the City of Fort Worth has caus�d thzs instrument to be
sign�d in t�riplicate in its name and on its behal�', by its City Manager and attested by its
City Secretary, with the Corporate Seal affixed; and the Consultan,t l�as also pra�erly
e�ecnted this instrum�nt izx triplicate copies, each o�'which is deemed an original.
EXECUTED IN THE CITY OF FORT WORTH, TEXAS, THIS day of April,
2003.
AUI Contractors, L. P.
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' -PTenn Stro#her, Presid�nt` - "
AUI Managemen#, LLC
General Partner
Approval Recammended:
1
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By:
Dxr�c or, Transportatioz� and Public Works
Approved as to Farm And Legality:
��
By:
Assistant C�ity Attorney
City of Fort W
By:
arc tt
Assistan# City Manager
Attested:
B ^-�� - ' -T, -
Y� �=."
7�City Secretary
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Contract ��;;f����za'tion
Date
Date:
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Superioe Serviees wrth arr E.rceplionad Team
���ir�� 1. �"R���1141���1�1 E�����i'l�l� �Ls�r� �� a��E*�La��
CIT[Z�IV COIV��I�I�iV�� CENY��S
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AU1 Cor�tractnrs and Freese & Nichols a�e pleased ta submit #he following package
including scope of wark for preliminary design services, budget development, and site
analysis for your review relatir�g to �he City of Fort Worth's planned Citizen
Convenience Centers.
Scaqe af Work:
1.
2.
3.
4.
�.
fi.
Permanently position and orient the facility at the Yuma locaiion, as zoned and
platted.
Provide assistar�ce to the City during the site analysis and seiection process of the
ather three sites, incl�ading up to thr�e site visits and two mee�ings at the City's
offices.
Develop the canceptual layout plan #or the convenience centers fhat can be
adapted to all four site Iocatians with only mir�or modificafion�. The layout will
include afl planned site features including gatehouse, dumpster areas, swap shop,
retaining walls, and traffic flor�r patterns�.
Develop a preliminary architecturak pian for the swap shop and gatehouse
inclu€ding basic elevation views.
Meet wiih the City up to thr�e times to discuss and finalize design features for the
con�enience centers for their incorporatior� inio the layout plans.
De�elop a revised budget thaf reflects the concept p{an developed in this phase.
We prop.ose to complete the above scope of vuork for a fee of $ 23.210.40.
We are excited about being involved with these projects. lf there are any questians or
concerns regard�ng this package, feel free to cantact Chuck Jackson (817.269.6386) at
your conveni�t�ce.
RespectfiuEly,
AUI Contraciors, L,�.:
=
AU[ Management, LLC
General Partner
:� �� � � � i
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B. Doug Alumbaugh, Execut9�e Vice President
� �'a r � � � �-.
o2iz7ros
Date
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Exhibit B
Name, � Position Salary Cost � Multipfier Total
c�ty of �ort wo�th
Citizen Convenience Centers
�hase 1 Design Development: Hourly RaEe Schedule
AUI Persor�nel .
Chuck Jackson Project Manager
Roel Aguilar Senior Estimafor
Stacy Linderbaum Bf] Ma�ager
Crisfi Tharne Project Administrator
Julio Arciga Take-O�f Speciafist
2 Person Surr�ey Crew Survey Crew
FNI Personnel
Jeff Arrington
Jahn New
� Mark Crisw�l]
�5catt Vaughan
� Charles Thomson
�Wade Zemlock
�Jennifer Brown
� Blake Haley
�Brian Gandy
Jana Collier
Project Engineer
Design Project Manager
Project Architect
Plumbing Designer
Mechancal Er�g9neer
Elecfrical Engin��r
Givil Engineer
Structural �ngineer
Asst Design PM
Qperations Analyst
Allow�hees
Surveyor �quipment
Printinq Costs
$38.13 2.3Q $87.69
$34.07 2.30 $78.36
$2$.31 2.30 $60,51
$2Q.76 2.30 $47.7fi
$17.64 2.30 $40.5i
$69.30 2.30 $1 a9.39
$65.Q5 2.30 $149.62
$51.55 2.30 $918.57
$33.0$ 2.30 $76.d8
$�45.25 2.30 $104.08
$48:01 �.30 $'� 10.42
$42.05 2.3� $98.72
$41,55 2.30 , $95.57
$68.50 2.3fl $135.47
$32.3$ 2.3D $74.47
$47.49 2.30 $109.23
1 $30�A0 $3QQ.00
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