HomeMy WebLinkAboutContract 31503 Y -`T",RY�
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CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Carter &
Burges Inc., (the "ENGINEER"), for a PROJECT generally described as: Engineering
Services for Alliance Airport Runway Extension Project Phase V - Program Management and
Design of Earthwork Package ?-
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under
this AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full, including interest. In the event of
suspension of services, the ENGINEER shall have no liability to CITY for
delays or damages caused the CITY because of such suspension of
services. —
ORIGINI
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and advice
and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of
skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time such
services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to
be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations
shall be furnished by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect the total PROJECT cost
and/or execution. These conditions and cost/execution effects are not the
responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible plastic film sheets, or as otherwise approved by CITY, which shall
become the property of the CITY. CITY may use such drawings in any manner it
desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 2 of 15
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction
site, whether as on-site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entity of
their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction
work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in accordance with
the Contract Documents, nor shall anything in the Contract Documents or
the agreement between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to
discover latent defects in the work or otherwise check the quality or quantity
of the work on the PROJECT. If, for any reason, the ENGINEER should
make an on-site observation(s), on the basis of such on-site observations, if
any, the ENGINEER shall endeavor to keep the CITY informed of any
deviation from the Contract Documents coming to the actual notice of
ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be entitled
to rely upon such certification to establish materials, systems or equipment
and performance criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 3 of 15
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market conditions;
time or quality of performance by third parties; quality, type, management,
or direction of operating personnel; and other economic and operational
factors that may materially affect the ultimate PROJECT cost or schedule.
Therefore, the ENGINEER makes no warranty that the CITY's actual
PROJECT costs, financial aspects, economic feasibility, or schedules will
not vary from the ENGINEER's opinions, analyses, projections, or
estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations have
been made by the ENGINEER to ascertain that the construction contractor has
completed the work in exact accordance with the Contract Documents; that the
final work will be acceptable in all respects; that the ENGINEER has made an
examination to ascertain how or for what purpose the construction contractor has
used the moneys paid; that title to any of the work, materials, or equipment has
passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and
the construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others,and may not always represent the exact
location, type of various components, or exact manner in which the PROJECT was
finally constructed. The ENGINEER is not responsible for any errors or omissions
in the information from others that is incorporated into the record drawings.
I. Minority and Woman Business Enterprise (M/WBE)
participation
In accord with City of Fort Worth Ordinance No. 133500, the City has goals for the
participation of minority business enterprises and woman business enterprises in
City contracts. Engineer acknowledges the M/WBE goal established for this
contract and its commitment to meet that goal. Any misrepresentation of facts
(other than a negligent misrepresentation) and/or the commission of fraud by the
Engineer may result in the termination of this agreement and debarment 'From
participating in City contracts for a period of time of not less than three (3) years.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 4 of 15
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers
and records of -the ENGINEER involving transactions relating to this
contract. ENGINEER agrees that the CITY shall have access during
normal working hours to all necessary ENGINEER facilities and shall be
provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of three (3) years after final payment under
the subcontract, have access to and the right to examine and photocopy
any directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that
the CITY shall have access during normal working hours to all
subconsultant facilities, and shall be provided adequate and appropriate
work space, in order to conduct audits in compliance with the provisions of
this article together with subsection (3)hereof. CITY shall give subcon-
sultant reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for
the cost of copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum limits that are to be in effect prior to
commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident
or
$250,000 property damage
$500,000 bodily injury per person per accident
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 5 of 15
A commercial business auto policy shall provide coverage on "any auto",
defined as autos owned, hired and non-owned during the course of this project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim
$2,000,000 aggregate
Professional Liability Insurance shall be written on a project specific basis. The
retroactive date shall be coincident with or prior to the date of this contract and the
certificate of insurance shall state that the coverage is claims-made and the retroactive
date. The insurance coverage shall be maintained for the duration of this contract and for
five (5) years following completion of the contract (Tail Coverage). An annual certificate
of insurance shall be submitted to the City for each year following completion of this
contract.
(2) Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an
Additional Insured thereon, as its interests may appear. The term
CITY shall include its employees, officers, officials, agents, and
volunteers as respects the contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage
specified according to items section K.(1) and K.(2) of this
agreement are provided under applicable policies documented
thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
(d) A minimum of thirty (30) days notice of cancellation or material
change in coverage shall be provided to the CITY. A ten (10) days
notice shall be acceptable in the event of non-payment of premium.
Such terms shall be endorsed onto ENGINEER's insurance policies.
Notice shall be sent to the respective Department Director (by
name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas
76102.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 6 of 15
(e) Insurers for all policies must be authorized to do business in the
state of Texas or be otherwise approved by the CITY; and, such
insurers shall be acceptable to the CITY in terms of their financial
strength and solvency.
(f) Deductible limits, or self-insured retentions, affecting insurance
required herein shall be acceptable to the CITY in its sole discretion;
and, in lieu of traditional insurance, any alternative coverage
maintained through insurance pools or risk retention groups must be
also approved. Dedicated financial resources or letters of credit may
also be acceptable to the City.
(g) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion, the ENGINEER
may be required to provide proof of insurance prerniurn payments.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such
exclusions.
(j) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement. It is understood
that insurance cost is an allowable component of ENGINEER's
overhead.
(k) All insurance required in section K., except for the Professional
Liability insurance policy, shall be written on an occurrence basis in
order to be approved by the CITY.
(1) Subconsultants to the ENGINEER shall be required by the
ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When
subconsultants maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of
insurance. Notwithstanding anything to the contrary contained
herein, in -the event a subconsultant's insurance coverage is
canceled or terminated, such cancellation or termination shall not
constitute a breach by ENGINEER of the Agreement.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and
not as a subcontractor, agent, or employee of the CITY.
ENGINEERING AGREEMENT --- "
JANUARY 1,2005
Page 7 of 15
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest, including
personal financial interest, direct or indirect, in property abutting the proposed
PROJECT and business relationships with abutting property cities. The
ENGINEER further acknowledges that it will make disclosure in writing of any
conflicts of interest that develop subsequent to the signing of this contract and prior
to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the ENGINEER
should have been aware of at the time this Agreement was executed, the
ENGINEER shall revise plans and specifications, as required, at its own cost and
expense. However, if design changes are required due to the changes in the
permitting authorities' published design criteria and/or practice standards criteria
which are published after the date of this Agreement which the ENGINEER could
not have been reasonably aware of, the ENGINEER shall notify the CITY of such
changes and an adjustment in compensation will be made through an amendment
to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 8 of 15
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will perform,
at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection with the
ENGINEER's services. The CITY will be responsible for all acts of the CITY's
personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange,
and pay for all advertisements for bids; permits and licenses required by local,
state, or federal authorities; and land, easements, rights-of-way, and access
necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and other
consultants as the CITY deems appropriate; and render in writing decisions
required by the CITY in a timely manner in accordance with the project schedule in
Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or timing of
the ENGINEER's services or of any defect in the work of the ENGINEER or
construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 9 of 15
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is a
result of ENGINEER's negligence or if ENGINEER brings such hazardous
substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV.E, regarding the ENGINEER's Personnel at Construction Site, and provisions
providing contractor indemnification of the CITY and the ENGINEER for
contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out
of, in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary
of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the
CITY and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity
or person regarding the PROJECT a provision that such entity or person
shall have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing
structures associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
ENGINEERING AGREEMENT
JANUARY 1,2005 _
Page 10 of 15
(3) The CITY will specify that the Builders Risk/installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of
a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service
for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or
alteration by the CITY or by others acting through or on behalf of the CITY of any
such instruments of service without the written permission of the ENGINEER will
be at the CITY's sole risk. The final designs, drawings, specifications and
documents shall be owned by the CITY.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused
by acts of God, strikes, lockouts, accidents, or other events beyond the control of
the ENGINEER.
D. Termination
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 11 of 15
(1) The CITY may terminate this agreement for its convenience on 30 days'
written notice. Either the CITY or the ENGINEER for cause may terminate
this AGREEMENT if either party fails substantially to perform through no
fault of the other and does not commence correction of such
nonperformance with 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for -the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storage containers,
microfilm, electronic data files, and other data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to
the CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption,
an equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will
be made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful misconduct
of the ENGINEER, its employees, officers, and subcontractors in
connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the CITY
(or a person identified above for whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared between the
ENGINEER and the CITY in proportion to their relative degrees of
negligence or willful misconduct as determined pursuant to T.C.P. & R.
Code, section 33.011(4) (Vernon Supplement 1996).
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 12 of 15
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories of
recovery, including breach of contract or warranty, tort including negligence, strict
or statutory liability, or any other cause of action, except for willful misconduct or
gross negligence for limitations of liability and sole negligence for indemnification.
Parties mean the CITY and the ENGINEER, and their officers, employees, agents,
and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for
any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If mediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely
to be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of
the Association then in effect. Any award rendered by the arbitrators less
than $50,000, exclusive of attorney's fees, costs and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will
not be subject to appeal or modification except to the extent permitted by
Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and
11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award
shall become Final ninety (90) days from the date same is issued. If litigation
is filed by either party within said ninety (90) day period, the award shall
become null and void and shall not be used by either party for any purpose
in the litigation.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 13 of 15
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall be
construed as if such invalid, illegal, or unenforceable provision had never been
contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive
termination of this AGREEMENT for any cause.
L. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws
and regulations and with all City ordinances and regulations which in any way
affect this AGREEMENT and the work hereunder, and shall observe and comply
with all orders, laws ordinances and regulations which may exist or may be
enacted later by governing bodies having jurisdiction or authority for such
enactment. No plea of misunderstanding or ignorance thereof shall be considered.
ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its
officers, agents and employees from and against all claims or liability arising out of
the violation of any such order, law, ordinance, or regulation, whether it be by itself
or its employees.
Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments
and schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C —Amendments
Executed this the moi_ day of 20
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 14 of 15
ATTEST: Cl O FORT WO
Marty Hendrix Assistant City Manager
City Secretary /404-1
APPROVED AS TO FORM
AND LEGALITY
l
Assistant ity Attorney
ATTEST: ENGINEER
Carter& Burgess, Inc.
BY:
Na *Jrey J. Toner, P.E.
C, -.t qct Authorization Title: Vice President
ENGINEERING AGREEMENT „ Z?E, ' C' �'M 1 t 7.
JANUARY 1,2005
Page 15 of 15
Attachment A
SCOPE OF SERVICES, SCHEDULE AND PROJECT LOCATION MAP
Alliance Airport Runway Extension Project
Phase V
Program Management and Design of Earthwork Package 2
Alliance Airport Runway Extension — Phase V will provide professional engineering services for
the design of Earthwork Package 2 through the bid phase of the project and for program
management services associated with Earthwork Package 2 and the Runway Extension Project.
Each major task is listed below. A detailed scope of work for each task has been provided
along with an overall schedule.
1. Program Management
2. Design of Earthwork Package 2
ALLIANCE RUNWAY EXTENSION PROJECT - Phase V
Program Management
SCOPE OF WORK
The Program Management activities will consist of planning & scheduling, budgeting, cost
control, cost estimating, FAA grant assistance, financial strategy development, contract
administration and management, document control, coordination and communications to
support the Carter & Burgess team in the successful execution of the Alliance Airport Runway
Extension Project.
C&B will develop and implement cost containment and budget control systems, based on the
overall project budget. A realistic budget will be developed for each project element. The budget
will address:
❑ Categorize project cost elements in accordance with contract packaging plan
❑ Establish guidelines for budgeting all project hard and soft cost categories
❑ Provide guidelines for establishing and authorizing use of project contingency and
reserves.
❑ Establish procedures for authorizing budget and scope changes and transfers
❑ Prepare Project status reports
PLANNING AND SCHEDULING
A program level schedule will be prepared and updated. The program level schedule identifies
the interfaces between various project elements and manages the schedule by measuring float
at these interface points. Project schedules will include milestones specified in the contract
documents or final completion dates. Project schedules will be managed to these specified
milestone dates, as appropriate.
The hierarchy of schedules to be used on the Airport Extension Project includes:
❑ Master Schedule
❑ Detailed Design and Construction Schedules
The Carter & Burgess Team will be responsible for developing and maintaining the Master
Schedule and Detailed Design Schedules. Construction durations and construction phasing
and sequencing milestones will also be developed by the Team. Detailed Specific tasks to be
accomplished include, but are not limited to the following:
❑ Develop a preliminary work schedule within14 days of Notice to Proceed.
❑ Develop a preliminary submittal schedule for all deliverables and design review data, as
required.
❑ Develop an integrated program master schedule highlighting specific contractual
milestone dates, and other important milestone dates to ensure everyone on the team is
"on the same page". Included in these milestones will be when critical deliverables or
events must occur.
❑ Meet with team members and develop a list of activities, resource requirements to
accomplish these activities, and realistic durations.
❑ Develop logic diagrams depicting the workflow, predecessor and successor activities
and develop the optimum time for design and construction of the work.
❑ Impose contractual dates and revise plan as necessary —to include logic, additional
resources, and/or revise durations to ensure date completion.
❑ Develop and implement detail schedules for all scopes of work.
Carter::Burgess 1
ALLIANCE RUNWAY EXTENSION PROJECT - Phase V
Program Management
❑ Hold weekly meetings with team members to discuss progress, lack of progress and
steps needed to bring the project back on track.
❑ Provide schedule reports to the management team.
❑ Provide schedule analysis and mitigation plans
❑ Produce graphical (bar charts, pie charts, line graphs, etc.) representations of all data
and distribute to team members.
❑ Prepare, collect and manage Action Lists (action item, party responsible for completion
and date for completion) on a weekly basis.
To ensure scheduling information is collected in a timely and uniform manner, schedules will be
updated at various time frames; however, critical work items will be updated on a weekly basis.
The updates will serve as both a means of monitoring progress as well as a mechanism for
warning of potential problems.
COST MANAGEMENT
Cost management will be integral to the planning and scheduling function. C&B will prepare
timely reports, which will be the basis for projecting final costs at the completion of the project.
Specific tasks to be accomplished include, but are not limited to:
❑ Development of, and communication of, budgets for scopes of work to all project
participants.
❑ Allocations of proper contingencies.
❑ Provide assistance for FAA grant applications and processes.
❑ Develop Financial Strategies.
❑ Reporting on budgets, commitments, and actual, pending and anticipated costs.
❑ Prepare weekly status reports.
❑ Change order documentation and reporting.
❑ Each change order will be documented, including the party originating the change and
the reason for the change.
CONTRACT/SUBCONTRACT ADMINISTRATION
C&B will provide contract administration for all contractors, subcontractors, vendors and
suppliers that have direct subcontract agreements with C&B. The contract administrators will
develop contract documents, incorporating those provisions necessary to assure that the
quality, cost and time of performance of subcontracted work will meet the requirements of the
overall program including:
❑ Develop standard contract documents for the procurement of labor, materials,
equipment, professional services and supplies.
❑ Ensure contract requirements are being accomplished.
❑ Document all issues of non-conformance.
❑ Work hand-in-hand with other team members to ensure compliance.
❑ Procure labor, materials, equipment, professional services and supplies in support of the
program.
❑ Enforce City of Forth Worth's DBE goals and requirements.
Carer Surgess 2
ALLIANCE RUNWAY EXTENSION PROJECT - Phase V
Program Management
DOCUMENT CONTROL
Information is a key component of project controls. Multiple projects generate and require use of
information and documentation, which must be effectively and accurately handled, distributed,
controlled, received, and stored. C&B will maintain a document control filing system to include
the following:
❑ Correspondence control - incoming and outgoing correspondence
❑ Contracts and other conformed documents
o Meeting Minutes
❑ Facsimile and e-mail distribution
❑ Transmittals
❑ Drawing and Specifications
❑ Status reports
❑ Field inspection reports
o Non-conformance logs
❑ Shop drawing logs
❑ Request for information logs
❑ Change control logs
❑ Safety reports
❑ Progress photographs
o As-built drawings, warranties and guaranties
COST ESTIMATING
Cost estimating shall be performed throughout the Project to constantly reinforce within budget
execution. Specific tasks to be accomplished are as follows:
❑ Provide order of magnitude estimates based on concepts.
o Provide preliminary construction cost estimates for all phases of the work.
o Provide preliminary quantity take-off's and cost of the work.
❑ Develop a database of unit costs for the work.
COORDINATION AND COMMUNICATION
Regularly scheduled meetings will be held with the project team. Meetings will also be
conducted for specific subjects, as required. Agendas for regularly scheduled meetings shall be
published in advance of the meetings. Meetings shall be limited to one hour when appropriate.
A comprehensive and concise record of issues, resolutions and/or actions required shall be
prepared (meeting minutes) and issued to all attendees and affected parties within one week
after the meeting. The Carter & Burgess Project Team will coordinate with Alliance Airport, City
of Fort Worth, FAA, TxDOT, BNSF Railroad and other affected agencies and utility companies
as required for the design and construction management of the project.
DESIGN REVIEWS
C&B will perform design reviews of the construction documents. Written comments will be
prepared for each review and the comments provided to the designer for incorporation into the
documents. Incorporation of the review comments will be verified with the designer.
Carter::Burgess 3
ALLIANCE RUNWAY EXTENSION PROJECT - Phase V
Program Management
MISCELLANEOUS SUPPORT SERVICES
C&B will provide assistance to the Alliance Airport Staff in the preparation of FAA Grant
Applications, NPIAS updates, ALP Exhibit A updates, estimates of construction vehicle
emissions, independent fee estimates, and graphic and technical support as assigned.
Carter.-:Burgess 4
ALLIANCE AIRPORT
RUNWAY EXTENSION PROJECT
PHASE V
DESIGN OF EARTHWORK PACKAGE 2
SCOPE OF WORK
ONovember 4,2004
NE=
The scope of work is to prepare issued for Bid construction drawings for the Earthwork
Package 2 to include the balance of the full embankment quantity on the north side of
FM 156.
The DMJM Aviation detailed Task Plan is listed below.
1.0 Design Elements
1.1 Review As-Built Survey for Early Earthwork Package Phase 1
1.2 Update Existing Contours to Reflect As-Built Conditions
Update Background for Existing Drainage Features,
1.3 Driveways, Slope Paving, Rip-Rap & FAA Cable
1.4 Prepare Geometry Plans to Include Relevant Information
1.5 Prepare Grading Plan to Match As-Built Grades
1.6 Prepare New Cross-Section Layout
1.7 Prepare Cross-Sections
1.8 Prepare Culvert Profiles
1.9 Prepare Channel Profiles
1.10 Prepare Drainage Details
2.0 Front End Elements
2.1 Prepare Cover Sheet
2.2 Prepare Index of Drawings
2.3 Prepare General Notes, Legend and Abbreviates
2.4 Update Project Limits and Vicinity Map
2.5 Prepare Construction Staging Area and Access Plan
2.6 Prepare Equipment Height Restrictions Plan
Coordinate Erosion Control Plan and SWPPP with
2.7 Subconsultant
2.8 Coordinate Drainage Map with Subconsultant
3.0 Miscellaneous
3.1 Review and Edit Front End Contract Documents
3.2 Prepare Technical Specifications
3.3 Quantity Take-Off
3.4 Estimate of Probable Construction Cost
3.5 Prepare FAA Form 7460
3.6 Quality Assurance Reviews
3.7 Client/Owner Coordination Meetings
3.8 FAA Coordination / Review Meetings
3.9 City of Fort Worth Review Meeting / Coordination
3.10 Prepare Review Submittals and Issue for Bid Submittal
November 4,2004
The following is not included in the design of Earthwork Package 2.
• Borrow site grading plans
• SWPPP for borrow site
• Other borrow site specific requirements
• Calculation of quantities for borrow site
• Easements and land acquisition
• Coordination with property owners
• Additional drainage design
• Preparation of bid alternatives
• Additional field survey
• Additional geotechnical evaluation
• Construction Phase Services
These items as well as others, which are deemed necessary, may be added at a later date
as additional services at the request of Carter & Burgess.
November 4,2004
Lopez Garcia Group
L ❑ P E Z G A R C I A G R ❑ LI P
November 10, 2004
Mr. Antonio Macia, P.E.
DMJM Aviation Inc.
5757 Woodway, Suite 101 West
Houston, TX 77057
Subject: AFW—Earthwork Package 2
Dear Mr. Macia:
LOPEZGARICA GROUP (LGGROUP) is pleased to provide DMJM Aviation Inc.
(DMJMA) with a cost proposal to update the Storm Water Pollution Prevention Plan
(SW3P) and associated drawings for the referenced project as requested in your
electronic mail dated October 20, 2004. LGGROUP understands the scope of services to
include the following:
Task I—Design Services
1. LGGROUP shall update Drawing C0100 to reflect existing contours and new
proposed grading contours. DMJMA shall provide LGGROUP with
electronic Microstation format drawing files of the existing contours and the
new proposed grading contours.
2. LGGROUP shall modify the Best Management Practices (BMP's) on
Drawing CO 100 to accommodate the new proposed grading plan.
3. LGGROUP shall revise the title block on Drawings C0101 and C0102.
LGGROUP shall provide DMJMA with one reproducible copy of each
drawing to be utilized for bid solicitation.
4. LGGROUP shall update the SW3P document to reflect the new proposed
grading plan. LGGROUP will provide two copies of the SW3P document for
review by DMRv A and two final copies of the SW3P document.
5. LGGROUP shall update the BN/1P quantities and provide the quantities to
DMJMA.
6. LGGROUP shall coordinate with DMJMA for preparation of 90%, Final and
Issued for Bid submittals.
7. LGGROUP shall attend one meeting with DMJMA regarding the project.
Attached is a summary of the hours and cost LGGROUP anticipates the above-described
scope of services will require. LGGROUP proposed to provide the above-described
scope of services on a time and materials basis for an amount not to exceed Five thousand
Five hundred Ten dollars and Zero cents ($5,510.00). If you have any questions
LOPEZ regarding the above, please do not hesitate to contact me at your earliest convenience.
GROUP
ggroupinc.com Water Gardens Place,100 East 15th Street,Suite 200,Fort Worth,Texas,76102 (817)390-1000 (817)882-9462 Fax
L ® P E Z G A F2 C I A G P G U P
Sincerely,
LOPEZGARCIA GROUP
P'9'
Douglas C. Milceworth, .E.
Vice President
/dcm
Attachment
ANA Consultants
1701 River Run
Suite 610
CONSULTAN ;.,"C. Fort Worth,Texas 76107
4h 1 (817)335-9900
-_ •• Fax(817)335-9955
November 2, 2004
Mr. Antonio Macia, P.E.
DMJM Aviation, Inc.
1200 Summit Avenue, Suite 320
Fort Worth, TX 76102-4409
RE: Additional Fee Agreement for Sub-consulting Services No. 02-C-2345
Professional Services in Connection with the City of Fort Worth Alliance Airport
Runway Extension Project
Dear Antonio,
As we discussed this afternoon I am providing you an estimated fee for adjusting our plan sheets
based on returning the grading of the project, back to its original design. The additional services will
include revising all plan sheet borders and re-plotting design sheets per the original design. The fee
to perform this additional scope of work is estimated to cost$1,000.00. Our fee does not cover minor
or major hydraulic recalculations,redesigning or recalculating channel cross sections,surveying costs,
or any associated taxes.
If you have any questions or need additional information, please let us know.
Sincerely,
A.N.A. Consultants, L.L.C.
Mark N. Assaad, P.E.
Vice President
J.10103021contractL4dditional-work-letter-Antonio_Macia_11-2-04.doc
CLIENT SATISFACTION IS OUR BUSINESS
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Iliance Airport I I f
Earthwork Package 2 _-
Project Location Map o I I I
Attachment B
COMPENSATION
Alliance Airport Runway Extension Project, Phase V
Program Management and Design of Earthwork Package 2
Carter and Burgess, Inc. will be the prime "Engineer"/Program Manager. Subcontracts will be
executed with the firms listed below. The total amount for the contract is $113,176.90.
The Engineer shall be compensated a total lump sum fee for the project. Payment of the lump
sum fee shall be considered full compensation for the services described in Attachment A for all
labor, materials, supplies, and equipment necessary to complete the services.
The Engineer shall submit monthly invoices to the City for all work performed under this
agreement set forth in Article III, Terms of Payment. The monthly invoices will contain a
description of the tasks performed for that particular month, percent complete for each task,
amount budgeted for each task, portion of budget amount expended, previous billing totals, and
totals for invoice.
The following is a list of all of the firms and their fees in the contract:
Carter and Burgess, Inc. $42,010.80
DMJM Aviation $49,677.50
LopezGarcia Group $20,488.60
ANA Consultants $ 1,000.00
TOTAL $113,176.90
The Engineering Design fees for this project will be distributed as follows:
Consultant Contract DBE Contract Total
Amount Amount
1. Program Management C&B $42,010.80
LopezGarcia $14,978.60 $56,989.40
2. Design of Earthwork DMJM Aviation $49,677.50 $49,677.50
Package 2 LopezGarcia $5,510.00 $5,510.00
ANA $1,000.00 $1,000.00
Total Fee $91,688.30 $21,488.60 $113,176.90
'DBE Participation-19%
Carter&Burgess Fee Proposal
Alliance Airport Runway Extension Project
Phase V 13-Jan-04
Program Management Services Approximately 12 weeks
Labor Hour Estimate Pro ect Program Senior Project CARD Contract Admin
Principal Manager Engineer Controls Mgr. Tech Admin Assistant
Conduct Weekly Progress Meetings 121
Prepare&Distribute Meeting Minutes
Develop&Maintain Project Schedules 6
Maintain Document Control System
Administer Contracts&Sub-Contracts _61
Provide FAA Grant Assistance 61 8
Technical&Graphic Support 81 8
Prepare PFo ect Status Reports 6
Prepare Construction Vehicle Emissions Estimates 4 8
Prepare Independent Fee Estimates _ 16
Review Earthwork Design 8 16
Annexation of AGquired Land 8 8; 12
Zoning of Acquired Land 8 8 _ 8
Platting of Acquired Land 8 8 16
Coordinate with FAA, Alliance,Ft.Worth 24
Total Hours 01 112 641 01 44 01 0
Fee Proposal
Hourly Hours Labor
Rate Cost
Project Principal $ 75.00 0 $ -
Program Manager $ 65.00 112 $ 7,280.00
Senior Engineer $ 50.00 64 $ 3,200.00
Project Controls Manager $ 37.00 0 $ -
CADD Technician $ 25.00 44 $ 1,100.00
Contract Administrator $ 27.00 0 $ -
Administrative Assistant $ 18.00 0 $ -
Salary Cost $ 11,580.00
Overhead Rate @ 176.72% $ 20,464.18
Sub-Total $ 32,044.18
Profit @ 15% $ 4,806.63
C&B Labor Cost $ 36,850.80
Expenses
Mileage $ 280.00
Courier/Express Mail $ 300.00
Zoning Change Application Fee $ 1,700.00
Annexation Fee $ 620.00
Re-Plat $ 430.00
Vacate Right of Way $ 615.00
Master Thoroughfare Plan Amendment $ 615.00
Printing&Plotting $ 300.00
Reproduction $ 300.00
Total Expenses $ 5,160.00
Carter&Burgess Sub Total $ 42,010.80
Sub Consultant-LopezGarcia Group $ 14,978.60
Total Program Management Cost $ 56,989.40
Page 1 of 2
Carter& Burgess, Inc.
Cost Proposal Summary and Detail
Contract No.
LGG No, C04AV1.00
Alliance Airport Rwy Extension - Ph V
1/11/05
LopezGarcia Group
Direct Labor
Item Labor Category Hours Rate Labor Cost
Project Manager 4 $ 139.40 $ 557.60
Senior Clerical/ Project Administrator 285 $ 50.60 $ 14,421.00
Subtotal for Direct Labor $ 14,978.60
Overhead(if applicable) Rate: 0.00% $ -
Professional Fee (if applicable) Rate: 0.00% $ -
Total Direct Labor $ 14,978.60
Direct Costs
Travel Description of travel: -
Unit of
Description Measure Quantity Rate Totals
Subtotal of Travel Costs $ -
Other Direct Costs
Unit of
Description Measure Quantity Rate Totals
Subtotal of Other Direct Costs $ -
Subtotal of Direct Costs $ -
Professional Fee (if applicable) Rate: 0.00% $ -
Total Direct Costs $ -
Project Totals
Total Labor Costs $ 14,978.60
Total Direct Costs $ -
TOTAL DELIVERY ORDER COST $ 14,978.60
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ALLIANCE AIRPORT RUNWAY EXTENSION PROJECT
PHASE V
Fee Estimate and Manhour Summary-Earthwork Package 2
Date: November 4,2004
DMJM Aviation, Inc.
100%SUBMITTAL
Project Senior CADD Total Hours
ID ACTIVITY NAME Principal PM/APM Engineer Engineer Technician Admin pertask
1.0 Design Elements
1.1 Review As-Built Survey for Early Earthwork Package Phase 1 2 2 4
1.2 Update Existing Contours to Reflect As-Built Conditions 2 4 6
Update Background for Existing Drainage Features,
1.3 Driveways,Slope Paving, Rip-Rap&FAA Cable 2 8 10
1.4 Pre are G ometry Plans to Include Relevant Information 4 8 12
1.5 Pre are Gradin an to Match As-built Grades 10 16 26
1.6 Prepare New Cross-Section Layout 2 4 6
1.7 Prepare Cross-Sections 8 24 32
1.8 Prepare Culvert Profiles 4 4 8
1.9 Prepare Channel Profiles 4 4 8
1.10 Prepare Drainage Details 2 4 6
2.0 Front End Elements
2.1 Prepare Cover Sheet 1 1
2.2 Prepare Index of Drawings 1 1
2.3 Prepare General Notes,Legend and Abbreviates 2 1 3
2.4 Update Project Limits and Vicinity Map 1 1 2
2.5 Prepare Construction Staging Area and Access Plan 2 4 8 14
2.6 Prepare Equipment Hei ht Restrictions Plan 2 4 6
2.7 Coordinate Erosion Control Plan and SWPPP with Sub 2 2
2.8 Coordinate Drainage Area Map Revisions with Sub 1 2 3
3.0 Miscellaneous
3.1 Review and Edit Front End Contract Documents 8 4 12
3.2 Prepare Technical Specifications 8 12 4 24
3.3 Quantity Take-Off 4 4
3.4 Estimate of Probable Construction Cost 2 4 6
3.5 1 Prepare FAA Form 7460 1 4 2 7
3.6 Quality Assurance Reviews 6 6
3.7 Client/Owner Coordination Meetings 4 4
3.8 FAA Coordination/Review Meetings 4 4
3.9 City of Fort Worth Review Meeting/Coordination 4 4
3.10 Prepare 100%Review Submittal 4 4 4 12
100%Desi n-PhaseSubtotal _:01 21 ,, 53 -�, !r233
ALLIANCE AIRPORT RUNWAY EXTENSION PROJECT
PHASE V
Fee Estimate and Manhour Summary-Earthwork Package 2
Date: November 4,2004
DMJM Aviation,Inc.
ISSUE FOR BID SUBMITTAL
Project Senior CADD Total Hours
ID ACTIVITY NAME Principal 741
Engineer Engineer Technician Admin pertask
1.0 Design Elements
1.1 Address 100%DrawingReview Comments 28 28 2 62
1.2 Coordinate Erosion Control Plan and SWPPP with Sub 3 3
1.3 Coordinate Drainage Area Ma with Subconsultant 1 1
2.0 Miscellaneous
2.1 Review and Edit Front End Contract Documents 1 4 2 7
2.2 Prepare Technical Specifications 2 4 2 8
2.3 Quantity Take-Off 2 2
2.4 Estimate of Probable Construction Cost 2 2
2.5 Quality Assurance Reviews 4 4
2.6 Client/Owner Coordination Meetings 8 8
2.7 FAA Coordination/Review Meeting 8 8
2.8 City of Fort Worth Review Meeting/Coordination 8 8
2.9 Prepare Issue for Bid Submittal 1 4 4 8
Issue For Bid Design Submittal 0 11 37 35 32 6 121
ALLIANCE AIRPORT RUNWAY EXTENSION PROJECT
PHASE V
Fee Estimate and Manhour Summary-Earthwork Package 2
Date: November 4,2004
DMJM Aviation, Inc.
BID PHASE
Project Senior CADD Total Hours
ID ACTIVITY NAME Principal PM/APM Engineer Engineer Technician Admin pertask
1.0 Bid Phase
1.1 Distribute Bid Documents 40 sets to Cit 8 4 12
1.2 Attend Pre-bid Conference 4 4 8
1.3 1 Prepare and Distribute Addenda/Clarification 20 121 6 38
1.4 lConform Bid Docs for Construction 4 10 4 18
1.5 lAttend Bid Opening 4 4
1.6 1 Coordinate with City of Fort Worth 6 4 10
Bid Phase Subtotal 01 81 30 4 30 •18- 90
ALLIANCE AIRPORT RUNWAY EXTENSION PROJECT
PHASE V
Fee Estimate and Manhour Summary - Earthwork Package 2
DMJM Aviation, Inc.
Labor Classifications. J.Hours Rate lCost
Project Principal 1 0.00 $160.00 1 $0.00
Project Manager/Assistant PM 1 40.001 $145.00 1 $5,800.00
Senior Engineer 1 120.001 $112.00 1 $13,440.00
Engineer 1 80.001 $98.00 1 $7,840.00
CADD Technician 1 162.001 $84.00 1 $13,608.00
Administrative 1 42.001 $59.00 1 $2,478.00
Labor Total 444.00 1 $43,1.66.00.
Expenses Unit Quantity ..Unit Price. Cost
Transportation Ground MILES 100.00 $0.37 $36.50
Plotting (drawings) EA 100.00 $2.00 $200.00
Reproduction (Drawings) SET 55.00 $20.00 $1,100.00
Re roduction (Specifications) SET 55.00 $35.00 $1,925.00
Overnight Mail EA 10.00 $25.00 $250.00
Reproduction of Early Earthwork Package Phase 1 $3,000.00
Expense Total $63511,50
Subcon.sultants.
LopezGarcia Group Erosion Control and SWPPP $5,510.00
Re-Plot, Seal & Submit Drainage Area Map
ANA Consultants & Hydraulic Calculations $1,000.00
$6,51.0.00
Total $5,6,187.50
DBE Participation 11.59%
Total Cost/Sheet $1,605.36
DL Cost/Sheet $1,233.31
ALLIANCE AIRPORT RUNWAY EXTENSION PROJECT
PHASE V
Earthwork Package 2
ANTICIPATED SHEET LIST
NO. SHEET DRAWING TITLE PREPARED BY
1 C0001 COVER DMJM AV
2 C0002 INDEX OF DRAWINGS AND ESTIMATED QUANTII-IES DMJM AV
3 C0003 GENERAL NOTES DMJM AV
4 C0004 PROJECT LOCATION PLAN DMJM AV
5 C0005 SURVEY CONTROL PLAN AND PROJECT LIMITS DMJM AV
6 C0006 GEOMETRY PLAN - CHANNEL AND ROADWAYS DMJM AV
7 C0020 EQUIPMENT HEIGHT RESTRICTIONS DMJM AV
8 C0021 STAGING AREA, ACCESS PLAN AND BORROW SITES DMJM AV
9 C0100 EROSION AND SEDIMENTATION CONTROL PLAN LGG
10 C0101 EROSION AND SEDIMENTATION CONTROL DETAILS I LGG
11 C0102 EROSION AND SEDIMENTATION CONTROL DETAILS II LGG
12 CO201 EARLY EARTHWORK DRAINAGE AREA MAP ANA
13 CO202 HYDRAULIC CALCULATIONS ANA
14 CO210 OVERALL GRADING AND DRAINAGE PLAN DMJM AV
15 CO211 GRADING AND DRAINAGE PLAN I DMJM AV
16 CO212 GRADING AND DRAINAGE PLAN II DMJM AV
17 CO213 GRADING AND DRAINAGE PLAN III DMJM AV
18 CO214 GRADING AND DRAINAGE PLAN IV DMJM AV
19 CO215 GRADING AND DRAINAGE PLAN V DMJM AV
20 CO216 GRADING AND DRAINAGE PLAN VI DMJM AV
21 C0300 CHANNEL PROFILES DMJM AV
22 C0301 CHANNEL AND CULVERT PROFILES DMJM AV
23 C0400 OPTION 1 - CROSS SECTION LAYOUT DMJM AV
24 C0401 OPTION 1 - CROSS SECTION I DMJM AV
25 C0402 OPTION 1 - CROSS SECTION II DMJM AV
26 C0403 OPTION 1 - CROSS SECTION III DMJM AV
27 C0404 OPTION 1 - CROSS SECTION IV DMJM AV
28 C0405 OPTION 1 - CROSS SECTION V DMJM AV
29 C0406 OPTION 1 - CROSS SECTION VI DMJM AV
30 C0407 OPTION 1 - CROSS SECTION VII DMJM AV
31 C0408 OPTION 1 - CROSS SECTION VIII DMJM AV
32 C0409 OPTION 1 - CROSS SECTION IX DMJM AV
33 C0500 DRAINAGE INLET SECTIONS AND DETAILS DMJM AV
34 C0501 SLOPE PAVING LAYOUTS DMJM AV
35 C0502 MISCELLANCEOUS DRAINAGE SECTIONS AND DETAILS DMJM AV
BORROW SITE PLANS (IF ANY) TO BE PROVIDED BY CB.
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ANA Consultants
1701 River Run
Suite 610
CONSULTANTS,L_ Fort Worth,Texas 76107
1<. (817)335-9900
_ Fax(317)335-9955
November 2, 2004
Mr. Antonio Macia, P.E.
DMJM Aviation, Inc.
1200 Summit Avenue, Suite 320
Fort Worth, TX 76102-4409
RE: Additional Fee Agreement for Sub-consulting Services No. 02-C-2345
Professional Services in Connection with the City of Fort Worth Alliance Airport
Runway Extension Project
Dear Antonio,
As we discussed this afternoon I am providing you an estimated fee for adjusting our plan sheets
based on returning the grading of the project, back to its original design. The additional services will
include revising all plan sheet borders and re-plotting design sheets per the original design. The fee
to perform this additional scope of work is estimated to cost$1,000.00. Our fee does not cover minor
or major hydraulic recalculations, redesigning or recalculating channel cross sections,surveying costs,
or any associated taxes.
If you have any questions or need additional information, please let us know.
Sincerely,
A.N.A. Consultants, L.L.C.
Mark N. Assaad, P.E.
Vice President
J:10103021 contractlAdditional-work-letter-Antonio_Macia_11-2-04.doc 3
CLIENT SATISFACTION IS OUR BUSINESS
Attachment C
AMENDMENTS
Alliance Airport Runway Extension Project, Phase V
Program Management and Design of Earthwork Package 2
AMENDMENTS
A. Article IV, Paragraph l: The CITY has established a disadvantaged business
enterprise (DBE) goal of 19% for this contract.
B. Article IV, Paragraph K (2) (a): The CITY will not be named as "additional
insured" on the ENGINEER's professional liability and worker's compensation
policies.
C. Article VI, Paragraph B: The ENGINEER shall not be liable for any use of such
design documents on any other project.
SPECIAL PROVISIONS
A. Changes of Work: The ENGINEER shall make such revisions in the work
included in this contract which has been completed as are necessary to correct
errors appearing therein when required to do so by the City without undue delays
and without additional cost to the CITY.
If the CITY finds it necessary to request changes to previously satisfactorily
completed work or parts thereof, the ENGINEER shall make such revisions if
requested and as directed by the CITY. This will be considered as additional
work and paid for as specified under Additional Work.
B. Additional Work: Work not specifically described under "Scope of Services"
must be approved by supplemental agreement to this contract by the CITY
before it is undertaken by the ENGINEER. If the ENGINEER is of the opinion
that any work he has been directed to perform is beyond the scope of this
agreement and constitutes extra work, he shall promptly notify the CITY in
writing.
In the event the CITY finds that such work does constitute extra work, then the
CITY shall so advise the ENGINEER, in writing, and shall provide extra
compensation to the ENGINEER for doing this work on the same basis as
covered under Compensation and as provided under a supplemental agreement.
The lump sum fee shall be adjusted if additional work is approved by
supplemental agreement and performed by the ENGINEER.
C. Consequential Damages: Notwithstanding any other provision of this
Agreement to the contrary, the parties hereto mutually agree that neither party
shall be liable to the other for any indirect, incidental, consequential, exemplary,
punitive or special damages or loss of income, profit or savings of any party,
including third parties, arising directly or indirectly from the parties' relationship
under this Agreement or applicable law, including but not limited to claims based
on contract, equity, negligence, intended conduct, tort or otherwise (including
breach of warranty, negligence and strict liability in tort).
D. Warranties - Exclusion or Limitation: ENGINEER does not make, give or
extend, and the CITY waives, any warranties, representations or guarantees of
any kind or nature, express or implied, arising by law, statute, in contract, civil
liability or tort, or otherwise, concerning the transaction which is the subject of the
contract documents, or the work, including without limitation any performance
guaranty and any implied warranty as to merchantability or fitness for a particular
purpose or arising from a course of dealing or usage of trade as to any
equipment, materials, or work furnished under the contract documents.
E. Limit Use to Hard Copies: As a component of the Services provided under this
Agreement, Engineer may deliver electronic copies of certain documents or data
(the "Electronic Files") in addition to printed copies (the "Hard Copies") for the
convenience of the Owner. Owner and its consultants, contractors and
subcontractors may only rely on the Hard Copies furnished by Engineer to
Owner. If there is any discrepancy between any Electronic File and the
corresponding Hard Copy, the Hard Copy controls.
F. Acceptance Procedure: Owner acknowledges that Electronic Files can be
altered or modified without Engineer's authorization, can become corrupted and
that errors can occur in the transmission of such Electronic Files. Owner agrees
that it will institute procedures to preserve the integrity of the Electronic Files
received from Engineer until acceptance. Owner further agrees that it will review
the Electronic Files immediately upon receipt and conduct acceptance tests
within thirty (30) days, after which period Owner shall be deemed to have
accepted the Electronic Files as received. Engineer will undertake commercially
reasonable efforts to correct any errors in the Electronic Files detected within the
30-day acceptance period. Engineer shall not be responsible to maintain the
Electronic Files after acceptance by Owner.
G. No Warranty of Compatibility: Engineer does not warrant or represent that the
Electronic Files will be compatible with or useable or readable by systems used
by Owner or its consultants, contractors and subcontractors. Engineer is not
responsible for any problems in the interaction of the Electronic Files with other
software used by Owner or its consultants, contractors and subcontractors.
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Thursday, February 17, 2005
LOG NAME: 55RWY EXT 5 REFERENCE NO.: **C-20526
SUBJECT:
Authorize Execution of Contract with Carter & Burgess Inc. for Phase V of the Program
Management Services for the Runway Extension Project at Fort Worth Alliance Airport
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Carter &
Burgess, Inc., in the amount of $113,176.90, for Phase V of the Program Management Services for the
Runway Extension Project at Fort Worth Alliance Airport.
DISCUSSION:
On March 27, 2001 (M&C C-18528), the City Council approved a contract with Carter & Burgess, Inc. for
Program Management Services for the Runway Extension Project at Fort Worth Alliance Airport. These
services are to be performed in multiple phases, as funds are made available.
On May 4, 2004 (M&C C-20055), the City Council authorized the submission of a grant application in the
amount of $4,945,470 to the Federal Aviation Administration (FAA) for Phase V of the Runway Extension
Project. On July 6, 2004 (M&C C-14414), the City Council authorized the submission of another grant
application in the amount of $2,092,842 to the FAA for Phase V of the Runway Extension Project after the
FAA advised of the possibility that more discretionary funds may be available. On August 26, 2004, the
FAA issued a grant in the amount of $9,565,681, after advising that additional funds were available. The
City's 5% portion is from reimbursement of donated land.
Carter & Burgess, Inc. submitted a fee proposal for Phase V, which includes the design of earthwork
package 2. A contract in the amount of$113,176.90 has been negotiated.
M/WBE — Carter & Burgess, Inc., is in compliance with the City's M/WBE Ordinance by committing to 19%
M/WBE participation. The goal on this project is 19%.
This project is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Airports Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR14 539120 055218935420 1113176.90
Logname: 55RWY EXT 5 P;we 1 of 2
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Mike Feeley (5403)
Additional Information Contact: Mike Feeley (5403)
Logname: 55RWY EXT 5 Page 2 of 2