2002-050AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING
AN AGREEMENT FOR DESIGN-BUILD SERVICES FOR THE CONSTRUCTION OF AN AIR
TRAFFIC CONTROL TOWER BETWEEN THE CITY OF DENTON AND WAYNE ALLEN
CONSTRUCTION INCORPORATED; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City is desirous of constructing an air traffic control tower at the Denton
Municipal Airport (the "Project"); and
WHEREAS, pursuant to authority delegated by City ordinance, prior to advertisement for
design-build services to construct the Project, the Purchasing Agent determined that the design-build
procurement method for the Project provides the best value to the City; and
WHEREAS, the Purchasing Agent has fully complied with all of the procedural steps for the
design-build procurement as required by Subchapter H, Chapter 271 o fthe Local Government Code
as well as all City ordinances, regulations and the City Charter; and
WHEREAS, the City Council finds that Wayne Allen Construction Incorporated (the
"Contractor") in conjunction with AJT and Associates, Inc. (the "Architect/Engineer") as a Design-
Build Team submitted the proposal offering the best value to the City on the basis of the selection
criteria; and
WHEREAS, the City has successfully negotiated an Agreement for Design-Build Services
with the Contractor which will be substantially in the form of the instrument a copy of which is
attached hereto and made a part hereof by reference (the "Design-Build Agreement"); and
WHEREAS, the City Council finds that the Design-Build Agreement is in the public interest;
NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings contained in the preamble of this ordinance are incorporated
herein by reference.
SECTION 2. The City Council hereby approves the Design-Build Agreement. The City
Manager or his designee is authorized to sign the Design-Build Agreement on behalf of the City and
to exercise the City's rights and duties thereunder, including without limitation the expenditure of
funds provided for in the Design-Build Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
ATTEST:
JEN1, [FER WALTERS, cI}rY SECRETARY
By:
~e~ [~VED ~STOLE~rOm:
By
/~ day of ~~
,2002.
EULINE BROCK, MAYOR
S:\Our Documents\Ordinances\02\Design-Build-Air Tower.doc 2
AGREEMENT FOR DESIGN-BUILD SERVICES
This Agreement is made as of the /~V-Cday of, ~. , 2002 between the City of Denton,
Texas, a home rule municipal corporation, hereinafter referred to as "Owner", and Wayne Allen
Construction Company, Incorporated, a Texas corporation whose ptincipal place of business is
1103 North Elm Street, Denton, TX, hereinafter referred to as "Contractor" for the following
Project: Design/Build for Air Traffic Control Tower. The Owner and Contractor agree as set forth
below.
ARTICLE 1
GENERAL PROVISIONS
1.1 GENERAL PROVISIONS
1.1.1. DESIGN-BUILD PROCUREMENT The services of Contractor under this
Agreement were procured by Owner pursuant to the provisions of Section 271.119 of the Texas
Local Government Code. Contractor is a part of a design-build Team consisting of itself and AJT
and Associates, Ine, a Florida corporation (called the "Architect/Engineer") whose principal place of
business is 8910 Astronaut Blvd. Cape Canaveral, FL 32920. The Contractor and Architect/Engineer
are hereinafter called the "Design-Build Team". The Contractor and Architect/Engineer have entered
into an agreement which provides that the Architect/Engineer will provide design services for the
Project (the "Team/Subcontract Agreement"). The Contractor agrees that the Design-Build services
provided for in this Agreement shall be provided by the Design-Build Team with the'
Architect/Engineer providing the architectural and engineering services.
1.1.2. TEAM RELATIONSHIP The owner and the Contractor agree to proceed with the
Project on the basis of trust, good faith and fair dealing, and shall take all actions reasonably
necessary to perform this Agreement in an economical and timely manner, including consideration
of design modifications and alternative materials or equipment that will permit the Work to be
constructed with the Firm Fixed Price and by the Date of Substantial Completion, as established in
Attachment A.
ARTICLE 2
ARCHITECT/ENGINEER'S RESPONSIBILITIES
2.1 ARCHITECT/ENGINEER SERVICES
2.1.1 ARCHITECT/ENGINEER The architectural and engineering services for the Project
shall be provided by the Architect/Engineer who will assign competent professionals to the Project
who are licensed to perform architectural or engineering services in the State of Texas.
2.1.2. TEAM/SUBCONTRACT AGREEMENT Owner has the fight to review and approve
the terms and conditions of the Team/Subcontract Agreement between the members of the Design
Build Team. The Owner shall be a th/rd party beneficiary to the Team/Subcontract Agreement. No
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terms and conditions of the Team/Subcontract Agreement may be changed without the prior written
consent of the Owner.
ARTICLE 3
DEFINITIONS
3.1 The term "Contract Documents" shall mean and include:
a. Change Orders and written attachments to this Agreement signed by both the Owner
and Contractor;
b. this Agreement except for the existing Contract Documents set forth in item e.
below;
c. the most current Documents approved by the Owner pursuant to Subparagraphs
4.1.4, 4.1.5 or 4.1.6,
d. the information provided by the Owner pursuant to Clause 5.1.2.1;
e. the Contract Documents in existence at the time of execution of this Agreement
which are set forth in Article 15.;
f. the Owner's Criteria provided pursuant to Subparagraph 5.1.1.
In case of any inconsistency, conflict or ambiguity among the Contract Documents, the
Documents shall govern in the order in which they are hsted above.
3.2 The term "Work" shall mean and include the Design Phase Services procured in accordance
with Subsection 4.1.1, the Firm Fixed Price Proposal provided in accordance with Section 4.2, the
Construction Phase Services provided in accordance with Section 4.3, Additional Services that may
be provided in accordance with Section 4.8. and other services which are necessary to complete the
Project in accordance with and reasonably inferable from the Contract Documents
3.3 The term "Day" shall mean calendar day.
3.4 The term "Subcontractor" shall mean a person or entity who has an agreement with the
Contractor or a subcontractor of the Contractor to perform any portion of the Work. The term
Subcontractor does not include the Architect/Engineer or any separate contractor employed by the
Owner or any separate contractor's subcontractors.
3.5 The term "Substantial Completion of the Work", or of a designated portion, occurs on the date
when construction is sufficiently complete in accordance with the Contract Documents so that the
Owner can occupy or utilize the Project, or a designated portion, for the use for which it is intended.
This date shall be confirmed by a certificate of Substantial Completion signed by the Owner and
Contractor. The ceffificate shall state the respective responsibilities of the Owner and Contractor for
security, maintenance, heat, utiSties, damage to the Work, and insurance. The certificate shall also list
the items to be completed or corrected, and establish the time for their completion and correction.
Page 2
3.6 The term "Owner's Criteria" shall mean the initial description of the Owner's objectives,
including budgetary and time criteria, space requirements and relationships, flexibility and
expandability requirements, special equipment and systems, and site requirements.
3.7 The term "Hazardous Material" shall mean any substance or material identified now or in the
future as hazardous under any federal, state or local law or regulation, or any other substance or
material which may be considered hazardous or otherwise subject to statutory or regulatory
requirements governing handling, disposal and/or clean-up.
ARTICLE 4
CONTRACTOR'S RESPONSIBILITIES
4.1. CONTRACTOR'S RESPONSIBILITIES
The Contractor shall be responsible for the design and for the construction of the Work
consistent with the Owner's Program, as such Program may be modified by the Owner during the
course of the Work. The Contractor shall exercise reasonable skill and judgment in the performance
of its services including schedules and estimates that are a part of the Firm Fixed Price Proposal.
4.1.1. DESIGN PHASE SERVICES
4.1.1 PRELI34[INARY EVALUATION The Contractor shall provide a preliminary
evaluation of the Project's feasibility based on the Owner's Criteria and other relevant information.
This will include a preliminary meeting held with the Contractor and the Architect/Engineer plns the
Owner and the Owner's Representatives.
4.1.2 PRELIMINARY SCHEDULE The Contractor shall prepare a preliminary
schedule of the Work for the Owner's written approval. The schedule shall show the activities of the
Owner, Architect/Engineer and Contractor necessary to meet the Owner's completion requirements.
The schedule shall be updated periodically with the level of detail for each schedule update reflecting
the information than available. If an update indicates that a previously approved schedule will not be
met, the Contractor shall recommend corrective action to the Owner in writing.
4.1.3 PRELIMINARY ESTIMATE When sufficient Project information has been
identified, the Contractor shall prepare for the Owner's written approval a preliminary estimate
utilizing area, volume or similar conceptual estimating techniques. The estimate shall be updated
periodically with the level of detail for each estimate update reflecting the information then available.
If the preliminary estimate or any update exceeds the Owner's budget, the Contractor shall make
written recommendations to the Owner.
4.1.4 CONCEPT DESIGN DOCUMlgNTS The Contractor shall submit for the
Owner's written approval Concept Design Documents, based on the Owner's Program and other
relevant information. Concept Documents shall include drawings, outline specifications and other
conceptual documents illustrating the Project's basic elements, scale, and their relationship to the site.
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One set of these shall be furnished to the Owner. The Contractor shall update the preliminary schedule
and estimate based on the Concept Design Documents based upon discussions held at the preliminary
meeting with the Owner.
4.1.5 DESIGN DEVELOPMENT DOCUMENTS The Contractor shall submit for the
Owner's written approval Design Development Documents based on the approved Schematic Design
Documents. The Design Development Documents shall further define the Project including drawings
and outline specifications fixing and describing the Project size and character, and other appropriate
elements incorporating the structural, architectural, mechanical and electrical systems. One set of
these documents shall be fumished to the Owner. The Contractor shall update the schedule and
estimate based on the Design Development Documents.
4.1.6 CONSTRUCTION DOCUMENTS The Contractor shall submit for the Owner's
written approval Construction Documents based on the approved Design Development Documents.
The Construction Documents shall set forth in detail the requirements for construction of the Work,
and shall consist of drawings and specifications based upon codes, laws or regulations enacted at the
time of their preparation. Cohstmcfion shall be in accordance with these approved Construction
Documents. One set of these documents shall be furnished to the Owner prior to commencement of
construction. The Contractor shall prepare a further update of the schedule and estimate.
4.1.6.1. The Drawings, Specifications and other documents prepared by the
Architect/Engineer for this Project are instruments of the Architect/Engineer's service, and shall
become the property of the Owner upon the completion or termination of this Agreement. The
Architect/Engineer is entitled to retain copies of all such documents. The documents prepared and
furnished by the Architect/Engineer are intended only to be applicable to this Project, and Owner's
use of these documents in other projects shall be at Owner's sole risk and expense. In the event the
Owner uses any of the information or materials developed pursuant to this Agreement in another
project or for other purposes than specified herein, Contractor and Architect/Engineer are released
fxom any and all liability relating to their use in that project.
4.2 FIRM FIXED PRICE PROPOSAL
4.2.1 When the negotiations are finalized a firm fixed price shall be established in the mount of
not to exceed $1,015,421.00 which will be established based on the Owner's Criteria, and
specifications and drawings to sufficiently complete the Project (the "Fixed Price"). Prior to the
establishment of the Fixed Price the Contractor shall provide the Owner with the sum of the estimated
Cost of the Work as defined in Article 10 and the Architect/Engineer's Fee as defined in Article 9.
The Fixed Price may only be modified in accordance the prov/sions of Article 10.
4.2.2 Omitted
4.2.3 BASIS OF THE FIXED PRICE The Contractor shall include with the Fixed Price
proposal a written statement of its basis, which shall include:
Page 4
1. A list of the drawings and specifications, including all addenda, which were used in
preparation of the Fixed Price proposal;
2. A list of allowances and a statement of their basis;
3. A list of the assumptions and clarifications made by the Contractor in the preparation of the
Fixed Price proposal to supplement the information contained in the drawings and
specifications;
4. The date of Substantial Completion upon which the proposed Fixed Price is based, and the
Schedule of Work upon which the date of Substantial Completion is based;
5. Schedule of applicable alternate prices;
6. Schedule of applicable urdt prices;
7. Statement o f Additional Services included, if any; and
8. The time limit for acceptance of the Fixed Price proposal.
4.2.4 The Contractor shall meet with Owner to review the Fixed Price proposal. In the event
that the Owner discovers any inconsistencies or inaccuracies in the information presented, the Owner
shall promptly give written notice to the Contractor, who shall make appropriate adjnsWnents to the
Fixed Price, or provide its basis or both.
4.2.5 Prior to the Owner's acceptance of the Contractor's Fixed Price proposal, the Contractor
shall not incur any cost to be reimbursed as part of the Cost of the Work, except as provided in this
Agreement or as the Owner may specifically authorize in writing.
4.2.6 Upon acceptance by the Owner of the Fixed Price proposal, the Fixed Price and its basis
shall be set forth in Attachment A. The Fixed Price and the date of Substantial Completion shall be
subject to modification by changes in the Work as provided in Articles 7 and 10.
4.2.7 The Owner is a tax exempted municipal corporation. Therefore, the Fixed Price and Cost
of Work shall not include taxes. Upon request, the Owner shall provide to the Contractor any
certificates or other written documentation that may be required by any supplier or subcontractor to
evidence the tax exempt status of the Owner.
4.3 CONSTRUCTION PHASE SERVICES
4.3.1 The Construction Phase will commence upon the issuance by the Owner of a written
notice to proceed with construction. If construction commences prior to execution of Attachment A,
the Owner's written notice to proceed shall list the documents that are applicable to the part of the
Work which the Owner has authorized.
Page 5
4.3.2 In order to complete the Work, the Contractor shall provide all necessary construction
supervision, inspection, construction equipment, labor, materials, tools, design services and
subcontracted items.
4.3.3 The Contractor shall give all notices and comply with all laws and ordinances legally
enacted at the date of execution of the Agreement which govern the proper performance of the
Work.
4.3.4 The Contractor shall prepare and submit a Schedule of Work for the Owner's written
approval. The Schedule of Work shall indicate the dates for the start and completion of the
various stages of the construction including the dates when information and approvals are
required from the Owner. It shall be revised as required by the conditions of the Work.
4.3.5 The Contractor shall secure all building permits necessary for the construction of the
Project.
4.3.6 The Contractor shall take necessary precautions for the safety of its employees,
Subcontractors and their employees on the Project, and shall comply with all applicable
provisions of federal, state and municipal safety laws to prevent accidents or injury to persons on,
about or adjacent to the Project site. The Contractor, directly or through its Subcontractors, shall
erect and properly maintain at all times, as required by the conditions and progress of the Work,
necessary safeguards for the protection of workers and the public. The Owner agrees to cause its
employees, agents, separate contractors and tenants to abide by and fully adhere to all applicable
provisions of federal, state and municipal safety laws and regulations. The above provision shall
not relieve Subcontractors of their responsibility for the safety of persons or property in the
performance of their work, nor for compliance with all applicable provisions of relevant laws.
4.3.7 The Contractor shall keep such full and detailed accounts as may be necessary for
proper financial management under this Agreement. The Owner shall be afforded access to all the
Contractor's and Architect/Engineer's records, books, correspondence, instructions, drawings,
receipts, vouchers, memoranda and similar data relating to this Agreement. The Contractor shall
preserve or caused to be preserved all such records for a period of three years after the final
payment or longer where required by law.
4.3.8 The Contractor shall provide periodic written reports to the Owner on the progress of
the Work as agreed to by the Owner and Contractor.
4.3.9 The Contractor shall develop a system of reporting completion of the Work, including
regular monitoring of all activities in progress and estimates for uncompleted tasks and proposed
changes in the Work. The reports shall be presented to the Owner at mutually agreeable intervals.
4.3.10 At all times the Contractor shall maintain the site of the Work free from debris and
waste materials resulting from the Work.. At the completion of the Work, the Contractor shall
remove from the premises all construction equipment tools, surplus materials, waste materials and
debris.
Page 6
4.4 HAZARDOUS MATERIAL
4.4.1 The Contractor reserves the right not to commence or continue Work until any known
or suspected Hazardous Material discovered at the Project site has been removed, rendered or
determined to be harmless by the Owner as certified by an independent testing laboratory and
approved by the appropriate government agency.
4.4.2 If after the commencement of the Work, known or suspected Hazardous Material is
discovered at the Project site the Contractor shall be entitled to immediately stop Work in the
affected area, and the Contractor shall report the condition to the Owner and, if required, the
government agency with jurisdiction. The Contractor will not be entitled to additional
compensation by reason of any delay required to abate the Hazardous Material but instead will be
granted a time extension for completion of the Work, if affected, which time extension will
constitute full adjustments due the Contractor.
4.4.3 The Contractor shall not be required to perform any Work relating to or in the area of
known or suspected Hazardous Material without written mutual agreement.
4.4.4 The Owner shall be responsible for retaining an independent testing laboratory to
determine the nature of the material encountered and whether it is a Hazardous Material requiting
corrective measures and/or remedial action. Such measures shall be the sole responsibility of the
Owner, and shall be performed in a mariner minimizing any adverse effect upon the Work of the
Contractor. The Contractor shall resume Work in the area affected by any Hazardous Material only
upon written notice from the Owner after the Hazardous Material has been removed or rendered
harmless.
4.5 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and
license fees which may be due on the inclusion of any patented or copyrighted materials, methods
or systems selected by Contractor and incorporated in the Work. The Contractor shall defend,
indemnify and hold the Owner harmless from all suits or claims for infiSngement of any patent
rights or copyrights arising out of such selection. The Owner agrees to defend, indemnify and hold
the Contractor harmless from any suits or claims of infi-ingement of any patent rights or copyrights
arising out of any patented or copyrighted materials, methods or systems specified by the Owner.
4.6 WARRANTIES AND COMPLETION
4.7.1 The Contractor warrants that all materials, supplies and equipment furnished under
this Agreement will be new unless otherwise specified, of good quality, in conformance with the
Contract Documents, and free from defective workmanship and materials. Warranties shall
commence on the date of Substantial Completion of the Work or of a designated portion. The
Contractor agrees to correct all construction performed under this Agreement which proves to be
defective in workmanship and materials within a period of one year from the date of fmal
acceptance of the improvements or for such longer periods of time as may be set forth with respect
to specific warranties required by the Contract Documents.
Page 7
4.7.2 The Contractor shall secure required certificates of inspection, testing or approval and
deliver them to the Owner.
4.7.3 The Contractor shall collect all written warranties and equipment manuals and deliver
them to the Owner.
4.7.4 With the assistance of the Owner's maintenance personnel, the Contractor shall direct
the checkout of utihties and operations of systems and equipment for readiness, and assist in their
initial start-up and testing.
4.8 ADDITIONAL SERVICES The Contractor shall provide or procure the follow'mg Additional
Services upon the request of the Owner. A written agreement between the Owner and Contractor
shall define the extent of such Additional Services. Such Additional Services shall be considered a
Change in the Work, unless they are specifically included in the statement of the basis of the Fixed
Price as set forth in Attachment A.
4.8.1 Consultations, negotiations, and documentation supporting the procurement of Project
financing.
4.8.2 Surveys, site evaluations, legal descriptions and aerial photographs.
4.8.3 Appraisals of existing equipment, existing properties, new equipment and developed
properties.
4.8.4 Soils, subsurface and environmental studies, reports and investigations required for
submission to governmental authorities or others having jurisdiction over the Project, except for
Geo-Technical Services included in the Basic Services per Attachment A.
4.8.5 Consultations and representations other than normal assistance in securing building
permits, before governmental authorities or others having jurisdiction over the Project.
4.8.6 Investigation or making measured drawings of existing conditions or the verification
of drawings or other Owner-provided information. Except as provided as part of the proposal
included in Attachment A.
4.8.7 Artistic renderings, models and mockups of the Project or any part of the Project or
Work. Except as provided in Attachment A.
4.8.8 Inventories of existing furniture, fixtures, furnishings and equipment which might be
under consideration for incorporation into the Work.
4.8.9 Interior design and related services including procurement and placement of furniture,
furnishings, art work and decorations.
Page 8
4.8.10 Making revisions to the Schematic Design, Design Development, Construction
Documents or documents forming the basis of the Fixed Price after they have been approved by the
Owner and which are due to causes beyond the control of the Contractor.
4.8.11 Design, coordination, management, expediting and other services supporting the
procurement of materials to be obtained, or work to be performed, by the Owner, including but not
limited to telephone systems, computer wiring networks, sound systems, alarms, security systems
and other specialty systems which are not a part of this Agreement, except
for the items outlined in Attachment A.
4.8.12 Estimates, proposals, appraisals, consultations, negotiations and services in
connection with the repair or replacement of an insured loss.
4.8.13 The premium portion of overtime work ordered by the Owner including productivity
impact costs.
4.8.14 Document reproduction exceeding the limits provided for in this Agreement.
4.8.15 Out-of-town travel by the Architect/Engineer in connection with the Work, except
between the Architect/Engineer's office, Contractor's office, Owner's office and the Project site. If
outside the travel expenses addressed in Attachment A in the Fixed Price.
4.8.16 Obtaining service contractors and training maintenance personnel, assisting and
consulting in the use of systems and equipment after the initial start up, and adjusting and
balancing of systems and equipment.
4.8.17 Services for tenant or rental spaces not a part of this Agreement.
4.8.18 Services requested by the Owner or required by the Work which are not specified in
the Contract Documents and which are not normally part of generally accepted design and
construction practice.
4.8.19 Serving or preparing to serve as an expert witness in connection with any
proceeding, legal or otherwise, regarding the Project.
4.9 SURETY BONDS
4.9.1 With the execution and delivery of the Agreement, the Contractor shall furnish and
file with the Owner in the full amount of that portion of the Fixed Price attributable to the
Construction Costs as set forth on page 9 of Attachment A, the surety bonds specified hereunder.
Without exception, the Owner's bond forms must be used, and exclusive venue for any lawsuit in
connection with such bonds shall be specified as Denton County, Texas. Such surety bonds shall
be in accordance with the provisions of Chapter 2253 of the Government Code, as amended, and
Article 7.19-1 of the Insurance Code, as amended. These bonds shall automatically be increased by
the amount of any change order or supplemental agreement which increases the Fixed Price with or
without notice to the surety, but in no event shall a change which reduces the Fixed Price reduce
P~e9
the penal mount of such bonds. The Design Costs outlined in Attachment A shall be excluded
from the Performance and Payment Bonds.
4.9.2 Performance Bond. A good and sufficient bond in an mount not less than 100 percent of
the Fixed Price attributable to the Construction Costs as set forth on page 9 of Attachment A, as
evidenced by the proposal, or otherwise guaranteeing the full and faithful execution of the Work
and performance of the Agreement in accordance with the plans, specifications and Contract
Documents, inchid'mg any extensions thereof, for the protection for the Owner. This bond shall
provide for the repair and/or replacement of all defects due to faulty materials and workmanship
that will appear within a period of one year from the date of completion and acceptance of the
improvements by the Owner.
(b) Payment Bond. A good and sufficient bond in an amount not less than 100 percent of the
Fixed Price attributable to the Construction Costs as set forth on page 9 of Attachment A, as
evidenced by the proposal, or otherwise guaranteeing the full and proper protection of all claimants
supplying labor and material in the prosecution of the Work provided for in said Agreement and for
the use of each claimant.
(c) Sureties. No sureties shall be accepted by the Owner who are now in default or delinquent
on any bonds or who are interested in any litigation against the Owner. All bonds shall be made on
forms furnished by the Owner and shall be executed by not less than one corporate surety
authorized to do business in the State of Texas and acceptable to the Owner. The sureties shall be
listed in the most current Federal Register Treasury List. Each bond shall be executed by the
Contractor and surety. Each surety shall designate an agent resident in the Owner's jurisdictional
area acceptable to the Owner to whom any requisite notices may be delivered and on whom service
of process may be had in matters arising out of such suretyship. The Owner reserves the fight to
reject any and all sureties.
(d) Additional or Substitute Bonds. If at any time the Owner is or becomes dissatisfied with
any surety, then upon the performance or payment bond, the Contractor shall, within five days after
notice from the Owner to do so, substitute an acceptable bond (or bonds), or provide an additional
bond, in such form and sum and signed by such other surety or sureties as may be satisfactory to
Owner. No further payments under the contract shall be deemed due or payable until the substitute
or additional bonds shall have been furnished and accepted by the Owner.
4.10 TRENCH SAFETY
4.10.1 The Contractor shall be responsible for complying with state laws and federal
regulations relating to trench safety, includ'mg those which may be enacted during the performance
under this Agreement. THE CONTRACTOR SHALL FULLY COMPLY WITH THE U. S.
DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ORGANIZATION
(OSHA) REGULATIONS PERTAINING TO EXCAVATIONS, TRENCI-UNG, AND SHORING
AND SHALL PROVIDE AND FAMILIARIZE THEIR EMPLOYEES INVOLVED IN
EXCAVATION AND TRENCHING WITH THE PROVISIONS IN OSHA PAMPHLET
NUMBER 2226, EXCAVATING AND TRENCHING OPERATIONS.
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4.10.2 In addition to any other indemnification, CONTRACTOR AGREES TO DEFEND,
INDEMNIFY AND HOLD OWNER, ITS OFFICERS, AGENTS AND EMPLOYEES,
COMPLETELY HARMLESS FROM ANY CLAIMS, LAWSUITS, JUDGMENTS, COSTS AND
EXPENSES (INCLUDING ATTORNEY'S FEES, IF ANY) FOR ANY PERSONAL INJURY
(INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM FOR WHICH
RECOVERY OF DAMAGES IS SOUGHT (INCLUDING ANY INJLrRY, DEATH OR
DAMAGE SUFFERED BY THE CONTRACTOR'S OWN EMPLOYEES) ARISING OUT OF
OR OCCASIONED BY THE USE OF ANY TRENCH EXCAVATION PLANS, REGARDLESS
OF THEIR ORIGIN, OR BY ANY NEGLIGENT, GROSSLY NEGLIGENT, STRICTLY
LIABLE OR INTENTIONAL ACT OF THE CONTRACTOR, A SUBCONTRACTOR OR ANY
INDIVIDUAL EMPLOYEE OR LABORER (WHETHER OR NOT AN EMPLOYEE OF THE
CONTRACTOR OR A SUBCONTRACTOR) IN THE PERFORMANCE OR SUPERVISION OF
ACTUAL TRENCH EXCAVATION UNDER THE CONTRACT. THIS INDEMNITY APPLIES
REGARDLESS OF WHETHER OWNER'S NEGLIGENCE OR FAULT IN THE
ADMINISTRATION OF THIS AGREEMENT OR IN THE PREPARATION, REV]JEW OR
APPROVAL OF THE OWNER'S OR CONTRACTOR'S TRENCH EXCAVATION PLAN
CONTRIBUTED TO THE INJURY, DEATH OR DAMAGE. OWNER ACCEPTS NO
LIABILITY WHATSOEVER AS A RESULT OF ITS PREPARATION, REVIEW OR
APPROVAL OF ANY TRENCH EXCAVATION PLAN UNDER THIS CONTRACT; OWNER
MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE ADEQUACY OR
CORRECTNESS OF ANY TRENCH EXCAVATION PLAN. (THE PROVISIONS OF THIS
SUBSECTION ARE SOLELY FOR THE BENEFIT OF THE PARTIES TO THE AGREEMENT
AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR
OTHERWISE, TO ANY OTHER PERSON OR ENTITY. THIS SUBSECTION SHALL NOT BE
CONSTRUED TO WAIVE ANY GOVERNMENTAL IMMUNITY OF THE OWNER. THIS
SUBSECTION CONTROLS IN THE EVENT OF A CONFLICT WITH ANY OTHER
INDEMNITY OR OWNER-WARRANTY PROVISION IN THE SPECIFICATIONS).
4.10.3 The CONTRACTOR shall be responsible for selecting an appropriate method of
providing trench safety after due consideration of the job conditions, location of utilities, pavement
conditions and other relevant factors. Slopeqback methods which may result in unnecessary
displacement of utilities and/or destruction of pavement shall not be used without permission from
the Owner. The Contractor shall be responsible for providing to the Owner an acceptable trench
safety plan signed and sealed by a professional edngineer qualified to do such work and
licensed/registered in the State of Texas. Plans for devices used to provide trench safety such as
trench shields and shoring systems will be likewise certified by professional engineers
licensed/registered in the State of Texas or by a professional engineer licensed/registered in the
state of manufacture of the shield or shoring system.
4.10.4 The sides of all excavation shall be supported in accordance with the trench safety
plan. Where bracing or sheeting and bracing are used, the trench width shall be increased
accordingly, shall be considered as incidental work, and shall not be paid for as a separate item. In
wet, saturated or flowing materials where it is necessary to install tight sheeting or cofferdams,
wood or steel sheet piling of a design and type approved by the Owner shall be used. All sheeting,
Page 11
shoring and bracing shall have sufficient strength and rigidity to withstand the pressure exerted, to
maintain the sides of the excavation properly in place, and to protect all persons or property fxom
injury or damage. When excavations are made adjacent to existing buildings or other structures or
in paved streets, particular care shall be taken to adequately sheet, shore and brace the sides of the
excavation to prevent undermining of or settlement beneath the structures or pavement.
Underpinning of adjacent structures or pavement shall be done at the Contractor's own cost and
expense and in a manner satisfactory to the Owner, or, when required by the Owner, the pavement
shall be removed, the void satisfactorily filled, compacted and the pavement replaced by the
Contractor. The entire expense of such removal and subsequent replacement thereof shall be borne
by the Contractor. Wooden sheeting, shoring and bracing shall be left in place where it is adjacent
to the pipe embedment for the initial lift of baclcfill.
4.10.5 The removal of all sheeting, shoring and bracing shall be done in such manner as not
to endanger or damage either new or existing structures, or private or public properties; and so as to
avoid cave-ins or sliding of the banks. All holes or voids left by the removal of the sheeting,
shoring or bracing shall be immediately and completely filled and compacted with suitable
materials. If, for any reason, the Contractor, with the approval of the Owner, elects to leave in
place the sheeting, shoring or bracing, no payment shall be allowed for such material left in place
unless ordered by the Owner to be left in place.
4.10.6 All shoring or bracing will be inspected by an OSHA competent person. According
to OSHA regulations, a competent person is defmed as one who is capable of identifying existing
and predictable hazards in the surroundings, or working conditions which are unsanitary,
hazardous, or dangerous to employees, and who has authorization to take prompt corrective
measures to eliminate them.
4.10.7 Payment for trench safety shall be by the lineal feet of trench exceeding a depth of
five (5) ft. unless otherwise specified in the Agreement. Excavation for slope-back methods shall
be subsidiary to the trench safety pay item including replacement and recompaction. Excess
excavation for other trench safety methods is also subsidiary to the trench safety pay item. Costs
relating to the preparation of the trench safety plan including geotechnical investigation, testing and
report preparation fees are all subsidiary to the pay item for trench safety.
ARTICLE 5
OWNER'S RESPONSIBILITIES
5.1 INFORMATION A_ND SERVICES PROVIDED BY OWNER
5.1.1 The Owner shall provide full information in a timely manner regarding requirements
for the Project, including the Owner's Criteria and other relevant information.
Page 12
5.1.2 The Owner shall provide:
1. All necessary information describing the physical characteristics of the site, including
surveys, site evaluations, legal descriptions, existing conditions, subsurface and
environmental studies, reports and investigations, if available; and
2. Inspection and testing services during construction as required by law or as mutually
agreed; per Attachment A.
5.1.4 The Owner takes no responsibility of the Contractor's reliance on the information
provided or of the completeness and accuracy of the information and services required by tkis
Section 5.1.
5.2 OWNER'S RESPONSIBILITIES DURING DESIGN PHASE
5.2.1 The Owner shall provide the Owner's Criteria at the inception of the Design Phase and
shall review and approve schedules as to time, estimates, Concept Design Documents, Design
Development Documents and Construction Documents furnished during the Design Phase as set
forth in Paragraph 4.1.1., and the Fixed Price proposal as set forth in Section 4.2.
5.3 OWNER'S RESPONSIBILITIES DURING CONSTRUCTION PHASE
5.3.1 The Owner shall review and timely approve the Schedule of the Work as set forth in
Subparagraph 4.1.2 and 4.3.4
5.3.2 If the Owner becomes aware of any error, omission or failure to meet the requirements
of the Contract Documents or any fault or defect in the Work, the Owner shall give prompt written
notice to the Contractor.
5.3.3 The Owner shall communicate with the Contractor's Subcontractors, suppliers and
Architect/Engineer only through the Contractor. The Owner shall have no contractual obligations
to Subcontractors, suppliers, or the Architect/Engineer.
5.4 OWNER'S REPRESENTATIVE The Owner shall designate an Owner's representative who
will act on Owner's behalf in the administration of this Agreement.
Page 13
ARTICLE 6
SUBCONTRACTS
Work not performed by the Contractor with its own forces shall be performed by Subcontractors.
6.1 RETAINING SUBCONTRACTORS The Contractor shall not retain any Subcontractor to
whom the Owner has a reasonable and timely objection. The Contractor shall not be required to
retain any Subcontractor to whom the Contractor has a reasonable objection.
6.2 MANAGEMENT OF SUBCONTRACTORS The Contractor shall be responsible for the
management of the Subcontractors in the performance of their work.
6.3 ASSIGNMENT OF SUBCONTRACT AGREEMENTS The Contractor shall provide for
assignment of subcontract agreements in the event that the Owner terminates this Agreement for
cause as provided in Section 13.3. Following such termination, the Owner shall notify in writing
those subcontractors whose assignments will be accepted, subject to the rights of sureties.
ARTICLE 7
CONTRACT TIME
7.1 COMMENCEMENT OF THE WORK The Work shall commence on or about March 15,
2002, and shall proceed in general accordance with the approved Schedule of Work as such
schedule may be amended from time to time, subject, however, to the provisions of Section 3.5,
4.3.4 and Attachment A.
7.2 SUBSTANTIAL COMPLETION At such time as a Fixed Price is accepted, a date of
Substantial Completion of the Work shall be established as set forth in Attachment A. Time shall
be of the essence of this Agreement. The Final Completion date shall be the date the Owner issues
its certificate of final acceptance.
7.3 DELAYS AND EXTENSION OF TIME
7.3.1 The Contractor shall be entitled to an extension of working time under this
Agreement only when claim for such extension is submitted to the Owner in writing by the
Contractor within seven days from and after the time when the alleged cause of delay occurs, and
then only when such time is approved by Owner. In adjusting the Agreement working time for the
completion of the Project, unforeseeable causes beyond the control and without the fault or
negligence of the Contractor, its agents, employees, subcontractors, or members of the Design-
Build Team shall be taken into consideration, including but not restricted to unforeseen inability to
obtain supplies and materials, acts of God or the public enemy, acts of the Owner, fires, floods,
epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe whether conditions,
or delay of subcontractors due to such causes beyond their control.
Page 14
7.3.2 If as a result of such unforeseen conditions beyond the control of the Contractor, its
agents, employees, subcontractors, or members of the Design-Build Team, the satisfactory
completion of this Agreement should require work and materials in greater mounts or quantities
than those set forth in this Agreement, requiring more time for completion than the anticipated
time, then the Agreement working time shall be equitably increased, but not more than in the same
proportion as the cost of the additional work bears to the cost of the original work contracted for.
No allowances shall be made for delays or suspension of performance of the work due to the fault
of the Contractor, its agents, employees, subcontractors, or members of the Design-Build Team.
7.3.3 No adjustment to working time shall be made if, concurrently with the equitable
cause for delay, there existed a cause for delay due to the fault or negligence of the Contractor, its
agents, employees, subcontractors, or members of the Design-Build Team. No adjustment shall be
made to the Agreement price or the Fixed Price and the Contractor shall not be entitled to claim or
receive any additional compensation as a result of or arising out of any delay resulting in
adjustment to the working time hereunder. All claims for extension of working time must be
submitted in accordance with this Section 7.3, and no act of the Owner shall be deemed a waiver
or entitlement of such extension.
7.3.4 In the event delays to the Project are encountered for any reason, the parties agree to
undertake reasonable steps to mitigate the effect of such delays.
ARTICLE 8
COMPENSATION
8.1 PAYMENT SCHEDULE Upon execution of this Agreement a payment schedule will be
established based upon the completion of work and as approved by the Owner.
8.2 Design Phase Compensation
8.2.1 The cost of services performed directly by the Architect/Engineer is computed
separately and is independent from the Contractor's compensation for work or services directly
performed by the Contractor; these costs shall be shown as separate items on applications for
payment.
8.2.2 The Owner shall compensate the Contractor for services performed during the Design
Phase as described in Section 4.1, and as described in Section 4.2, by lump sum based upon the
percentage of completion of work for each of the following phases and percentages as outlined in
Attachment A.
8.2.3 Compensation for Design Phase Services shall be equitably adjusted if such services
extend beyond December 31, 2002, from the date of this Agreement for reasons beyond the
reasonable control of the Contractor or as provided in Section 10.1. For changes in Design Phase
Services, compensation shall be adjusted per Attachment A.
Page 15
8.2.4 Payments for Design Phase Services shall be due and payable for Work satisfactorily
completed, within thirty (3 0) days following presentation of the Contractor's monthly invoice to the
Owner as set forth herein. Subject to the terms and conditions set forth, every attempt will be
made for payment by the l0th of the month. The City will not be subject to any claims, penalties or
interest due to the Contractor if payment is not received by the l0th of the month.
8.3 CONSTRUCTION PHASE COMPENSATION
8.3.1 The Owner shall compensate the Contractor for Work performed following the
commencement of the Construction Phase based upon percentage of work satisfactorily as
provided in Article 11.
8.3.2 The compensation to be paid under this Section 8.3 shall not exceed the Fixed Price
established in Attachment A, or as the Fixed Price may be adjusted under Article 10.
8.3.3 Payment for Construction Phase Services shall be as set forth in Article 11. If Design
Phase Services cont'mue to be provided after construction has commenced, the Contractor shall also
continue to be compensated as provided in Section 8.2, or as mutually agreed.
ARTICLE 9
COST OF THE WORK
The Owner agrees to pay the Contractor for the Cost of the Work as defined in this Article.
9.1 COST ITEMS FOR DESIGN PHASE SERVICES Compensation for Design Phase
Services shall be paid as provided in Section 8.2. and Attachment A.
9.2 COST ITEMS FOR CONSTRUCTION PHASE SERVICES This Section sets forth the
cost items for Construction Phase Services which are:
9.2.1 Wages paid for labor in the dkect employ of the Contractor in the performance of the
Work.
9.2.2 Salaries of Contractor's employees in whatever capacity employed at the jobsite and
employees engaged on the road expediting the production or transportation of material.
9.2.3 Cost of all employee benefits and taxes including but not limited to workers'
compensation, unemployment compensation, Social Security, health, welfare, retirement and other
fringe benefits as required by law, labor agreements or paid under the Contractor's standard
personnel policy, insofar as such costs are paid to employees of the Contractor who are included in
the Cost of the Work under Subsections 9.2.1 and 9.2.2.
9.2.4 Cost of all materials, supplies and equipment incorporated in the Work, including
costs of inspection, testing, transportation, storage and handling.
Page 16
9.2.$ Payments made by the Contractor to Subcontractors for work performed under this
Agreement.
9.2.6 Rental charges of all necessary machinery and equipment, exclusive of tool,
machinery and equipment owned by workers, used at the site of the Work, including installation,
repair and replacement, dismantling, removal, maintenance, transportation and delivery costs at
rental charges consistent with those prevailing in the area.
9.2.7 Cost of the premiums for all insurance and surety bonds which the Contractor is
required to procure or deems necessary.
9.2.8 Cost of the premiums for all insurance and surety bonds which the Couractor is
required to procure and are direct costs to the Project.
9.2.9 Sales, use, gross receipts or other taxes, tariffs or duties related to the Work for which
the Contractor is liable. This does not include taxes on materials, equipment or supplies that used
for or incorporated into the Project for which the Owner is exempt by virtue of its tax exempt
status as a municipality.
9.2.10 Permits, fees, licenses, and tests required by the Work per Attachment A.
9.2.11 All water, power and fuel costs necessary for the Work per Attachment A.
9.2.12 Cost of removal of all non-hazardous substances, debris and waste materials.
9.2.13 All costs directly incurred in the performance of the Work or in connection with the
Project, as set forth in Article 7 and Attachment A, which are reasonably inferable from the
Contract Documents as necessary to produce the intended results.
ARTICLE 10
CHANGES IN TIlE WORK
Changes in the Work which are within the general scope of this Agreement may be accomplished
by Change Order without invalidating this Agreement.
10.1 CHANGE ORDERS A Change Order is a written instrument, issued after execution of this
Agreement, signed by the Owner or Owner's Representative and Contractor stating their agreement
upon a change and the adjustment in the Fixed Price per Attachment A and/or the date of
Substantial Completion. Each adjustment in the Fixed Price resulting from a Change Order shall
clearly separate the amount attributable to compensation for Design Phase Services, Construction
Phase Services and other Cost of the Work.
Page 17
10.2 DETERMINATION OF COST An increase or decrease the FFP resulting from a change in
the Work shall be determined by one or more of the following methods:
10.2.1 unit prices set forth in this Agreement or as subsequently agreed;
10.2.2 a mutually accepted, itemized lump sum; or
10.2.3 costs determined as defined in Section 8.2 and Article 9 and per Attachment A.
10.3 NO OBLIGATION TO PERFORM The Contractor shall not be obligated to perform
changed Work until a Change Order has been executed by the Owner.
10.4 ADJUSTMENT OF UNIT PRICES Ifa proposed Change Order alters original quantities to
a degree that application of pi'eviously agreed to unit prices would be inequitable to either the
Owner or the Contractor, the unit prices and the Fixed Price shall be equitably adjusted.
10.5 SITE CONDITIONS Contractor represents that it has visited the site of the Work, has fully
familiarized itself with the location and on-site conditions under which the Work is to be
performed and has correlated its observations with the requirements of the Project and the Owner's
Criteria. The Contractor has satisfied itself as to the subsurface conditions at the site of the Work.
The Contractor shall make no cla'nn for damages, additional compensation or extension of time
against the Owner because of encountering actual conditions in the course of the Work that were
not discovered by Contractor prior to commencing the Work. Since sub-surface conditions are not
known, this proposal is subject to additional charges of cost plus 10% that may result from
encountering sub-surface water, rock, underground utilities, etc., that are not now visible.
10.6 CLAIMS FOR ADDITIONAL COST OR TIME For any claim for an increase in the Fixed
Price, compensation for Design Phase Services, the Construction Costs and/or an extension in the
date of Substantial Completion, the Contractor shall give the Owner written notice of the claim
within seven days after the occurrence giving rise to the claim. Except in an emergency, notice
shall be given before proceeding with the Work. Any change in the Fixed Price, compensation for
Design Phase Services, the Construction Costs, and/or date of Substantial Completion resulting
from such claim must be authorized by Change Order.
10.7 EMERGENCIES In any emergency affecting the safety of persons and/or property, the
Contractor shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in
the Fixed Price, compensation for Design Phase Services, the Contractor's Fee and/or extension of
the date of Substantial Completion on account of emergency work shall be determined as provided
in this Article.
Page 18
ARTICLE 11
PAYMENT FOR CONSTRUCTION PHASE SERVICES
11.1 PROGRESS PAYMENTS
11.1.1 A monthly estimate of progress based upon completion of Work will be
mutually agreed upon between the Owner and the Contractor. The monthly estimate may
inchide acceptable nonperishable materials delivered to the Work; such payment shall be allowed
on the same percentage basis as the net invoice value as provided hereunder. The percent retained
by the Owner shall normally be up to 5% percent at completion, unless otherwise stated. At
midpoint, or at any subsequent time, if the Owner determines that the progress on the Agreement is
satisfactory in all respects, it may at its discretion cease to retain additional funds until the
completion of the Project, or until progress ceases to be satisfactory. The Owner shall make the
sole determination in t~is matter.
11.1.2 The Contractor shall furnish to the Owner such detailed information as the Owner
may request to assist it in the preparation of the monthly estimates. It is understood that the
monthly estimates shall be approximate only, and all monthly estimates and partial payments shall
be subject to correction in the estimate rendered following the discovery of an error in any previous
estimate, and such estimate shall not in any respect be taken as an admission of the Owner of the
amount of Work done or of its quality or sufficiency nor as an acceptance of the Work or the
release of the Contractor of any responsibility under the Agreement.
11.2 RETAINAGE As security for faithful completion of the Work by the Contractor, the Owner
shall retain 5 percent of the total dollar amount of the Work. When work is 80 percent complete,
retainage may, at the Owner's option, be reduced to two percent of the dollar value of the Work
~atis. f~ctorily qompleted to date (not to include material on hand), provided that the Contractor is
making satisfactory progress and there is no cause of greater retainage as determined by the Owner.
11.3 FINAL PAYMENT
11.3.1 Whenever the improvements provided for by the Agreement are completely
performed, the Contractor shall notify the Owner that the improvements are ready for final
inspection. The Owner shall then cause the final inspection to be made. If the Work is satisfactory
and in accordance with the specifications and Contract Documents, the Contractor shall be issued a
certificate of acceptance.
11.3.2 Whenever the improvements provided for by the Agreement are completely
performed on the part of the Contractor, as evidenced in the certificate of acceptance fi:om Owner,
and all required submissions are provided to the Owner, a final estimate showing the value of the
Work, including the work performed by Architect/Engineer, shall be prepared by the Owner as
soon as the necessary measurements and computations can be made. All prior estimates upon
which payments have been made are subject to necessary corrections or revisions in the final
Page 19
payment. The mount of the final estimate, less any sums that have been previously paid, deducted
or retained under the provisions of this Agreement, shall be paid to the Contractor within 30 days
after final acceptance, provided that the Contractor has first furnished the Owner: (a) a consent of
surety to final payment; (b) the final Contractor's Report of Subcontractor/Supplier Payment
evidencing that all indebtedness connected with the Work and all sums of money due for any labor,
materials, apparatus, fixtures or machinery furnished for or used in the performance of the Work
have been paid or otherwise satisfied, or that the person or persons to whom the same may be
respectively due have consented to final payment; and (c) such other affidavits, lien waivers and
other documentation as the Owner may reasonably require to protect its interests. In addition, the
Contractor shall be required to execute the Owner's standard Affidavit of Final Payment and
Release as a precondition to receipt of final payment.
11.3.3 The acceptance by the Contractor of the final payment shall operate as and shall be a
release and indemnification by Contractor to Owner from all claims or liabilities under the
Agreement, including subcontractor and supplier claims, or claims from the Architect/Engineer for
anything done or furnished or relating to the Work under the Agreement or for any act or neglect of
the Owner relating fo or connected with the Agreement.
11.3.4 All warranties and guarantees shall commence from the date of the certificate of
acceptance. No interest shall be due the Contractor on any partial or final payment or on the
retainage.
11.4 PAYMENT WITHHELD In addition to express provisions elsewhere contained in this
Agreement, the Owner may withhold from any payment due the Contractor such amount as
determined necessary to protect the Owner's interest, or, if it so elects, may withhold or retain all
or a portion of any progress payment or refund on account of:
(a)
Co)
(c)
(d)
(e)
(f)
(g)
(h)
0)
fi)
(k)
(1)
unsatisfactory progress of the Work not caused by conditions beyond the
Contractor's control,
d~[e~tive work not corrected,
Contractor's failure to carry out instructions or orders of the Owner or his
representative,
a reasonable doubt that the Agreement can be completed for the balance then upaid,
work or execution thereof not in accordance with the Contract Documents,
claim filed by or against the Contractor or reasonable evidence indicating probable
filing of claims,
failure of the Contractor to make payments to subcontractor or for material or labor
or to the Architect/Engineer,
damage to another contractor,
unsafe working conditions allowed to persist by the Contractor,
failure of the Contractor to provide work schedules as required by the Owner,
use of subcontractors without the Owner's approval, or
failure of the Contractor to keep current as-built record drawings at the job site or to
turn same over in completed form to the Owner.
Page 20
When the above grounds are removed, payment shall be made for amounts withheld because of
them, and Owner shall never be liable for interest on any delayed or late payment.
ARTICLE 12
INDEMNITY, INSURANCE AND WAIVER OF SUBROGATION
12.1 INDEMNITY
CONTRACTOR COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY,
HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, OWNER, ITS OFFICERS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR
SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,
INCLU~I-NG DEATH;TO-ANY AND ~I~ -P~RSONg~ O~-W~IATgOEVE~- ~I~lI) OR
CHARACTER~ WHETHER REAL OR ASSERTED, ARISING OUT OF THE WORK AND
SERVICES TO BE PERFORMED HEREUNDER BY CONTRACTOI~ ITS OFFICERS,
AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES, THE
ARCHITECT/ENGINEER~ WItETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY
THE ALLEGED NEGLIGENCE OF THE OFFICERS, SERVANTS, EMPLOYEES, OF
THE OWNER. CONTRACTOR LIKEWISE COVENANTS AND AGREES TO, AND
DOES HEREBY, INDEMNIFY AND HOLD HARMLESS OWNER FROM AND AGAINST
ANY AND ALL INJURIES, DAMAGE, LOSS OR DESTRUCTION TO PROPERTY OF
OWNER DURING THE PERFORMANCE OF ANY OF THE TERMS AND CONDITIONS
OF THIS AGREEMENT, WHETHER ARISING OUT OF IN WHOLE OR IN PART, ANY
AND ALL ALLEGED NEGLIGENT ACTS OR OMISSIONS OF OFFICERS, OR
EMPLOYEES OF OWNER. THE PROVISIONS OF THIS SECTION ARE SOLELY
FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE
OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER
PERSON OR ENTITY.
12.2 INSURANCE REQUIRMENTS The Contractor and Architect/Engineer shall obtain
and keep in full force and effect during this Agreement hability and professional liability insurance
in the form and substance provided in Owner's Insurance Requirements set forth in Attachment B
attached hereto and made a part hereof by reference.
Page 21
ARTICLE 13
SUSPENSION OR TERMINATION OF THE AGREEMENT
13.1 TEMPORARY SUSPENSION BY OWNER
13.1.1 The Owner shall have the right by written order to temporarily suspend the Work, in
whole or in part, whenever, in the judgment of the Owner, such temporary suspension is required:
(a) in the interest of the Owner generally,
Co) due to government or judicial controls or orders which make performance of this
contract temporarily impossible or illegal,
(c) to coordinate the work of separate Contractors at the job site,
(d) to expedite the completion of a separate contract even though the completion of this
particular contract may be thereby delayed,
~) ' -because of weather conditions unsuitable for performance of the work, or
(f) because the Contractor is proceeding contraD' to contract provisions or has failed to
correct conditions considered unsafe for workmen.
13.1.2 The written order of the Owner to the Contractor shall state the reasons for
suspending the Work and the anticipated periods for such suspension. Upon receipt of the Owner's
written order, the Contractor shall suspend the Work covered by the order and shall take such
means and precautions as may be necessary to properly protect the finished and partially finished
Work, the unused materials and uninstalled equipment, including the providing of suitable drainage
about the Work and erection of temporary structures where necessary. The Contractor shall not
suspend the Work without written order from the Owner and shall proceed with the Work promptly
when notified by the Owner to resume operations.
13.1,_3 No additional compensation shall be paid to ~ae Contractqr for such S~spension
under 'this Section or otherwise where same is caused by the fault of the Contractor. Where such
temporary suspension is not due to the fault of the Contractor, they shall be entitled to:
a) an equitable extension of working time for the completion of the Work, not to
exceed the delay caused by such temporary suspension, as determined by the Owner; and
Co) the actual and necessary costs of properly protecting the finished and partially
finished Work, unused materials and uninstalled equipment during the period of the ordered
suspension as determined by the owner as being beyond the contract requirements; and
(c) where the Contractor elects to move equipment fi:om the job site and then remm it to
the site when the work is ordered resumed, the actual and necessary costs of these moves, in
an amount determined by the Owner.
13.2 TERMINATION FOR CONVENIENCE OF THE OWNER
13.2.1 The performance of the Work under this Agreement may be terminated by the
Owner in whole or in part, in accordance with this Section, whenever the Owner shall determine
Page 22
that such termination is in the best interest of the Owner. Any such termination shall be effected by
serving written notice upon the Contractor. The notice of termination to the Contractor shall specify
the extent to which performance of Work under the Agreement is term'mated, and the date upon
which such termination becomes effective. It shall be deemed conclusively presumed and
established that such termination is made with just cause as therein stated; and no proof in any
claim, demand or suit shall be required of the Owner regarding such discretionary action.
13.2.2 After receipt of a notice of termination, and except as other, vise directed by the
Owner, the Contractor shall:
(a)
(b)
(c)
(d)
(e)
(t)
stop work under the Agreement on the date and to the extent specified in the notice
of termination;
place no further orders or subcontracts for materials, services or facilities except as
may be necessary for completion of such portion the work under the contract as is
not terminated;
terminate all subcontracts, purchase orders or options to the extent that they relate to
the performance of work terminated by the notice of termination or at the Owner's
written request, deliver and assign to the Owner, or any person or entity acting on
the Owner's behalf, any or all subcontracts, purchase orders and options made by
Contractor in the performance of the Work, and deliver to the Owner tree and
correct originals and copies of such Contract Documents;
transfer title to the Owner and deliver in the manner, at the times, and to the extent,
if any, directed by the Owner:
(1) the fabricated or unfabricated parts, work in process, completed work,
supplies and other material produced as a part of, or acquired in connection
with the performance of, the work terminated by the notice of termination;
and
(2) the completed or partially completed plans, drawings, information and other
property wkich, if the contract had been completed, would have been
required to be furnished to the Owner.
complete performance of such part of the Work as shall not have been tenuinated by
the notice of termination; and
take such action as may be necessary, or as the Engineer may direct, for the
protection and preservation of the property related to its contract which is in the
possession of the CONTRACTOR and in which the OWNER has or may acquire an
interest.
13.2.3 At a time not later than 30 days after the termination date specified in the notice of
termination, the Contractor may submit to the Owner a fist, certified as to the quantity and quality,
of any or all items of termination inventory not previously disposed of, exclusive of items the
disposition of which has been directed or authorized by the Owner. Not later than 15 days
thereafter, the Owner shall accept title to such items and remove them or enter into a storage
agreement covering the same, provided that the fist submitted shall be subject to verification by the
Owner upon removal of the items, or, if the items are stored, within 45 days fi:om the date of
submission of the fist, and provided that any necessary adjustments to correct the list as submitted
shall be made prior to final settlement.
Page 23
13.2.4 Within 60 days after notice of termination, the Contractor shall submit its
termination claim to the Owner in the form and with the certification prescribed by the Owner.
Unless one or more extensions in writing are granted by the Owner upon request of the Contractor,
made in writing within such 60-day period or authorized extension thereof, any and ail such claims
shall be conclusively deemed waived.
13.2.5 Subject to the provisions of this Section 3.2, the Contractor and Owner may agree
upon the whole or any part of the mount or amounts to be paid to the Contractor by reason of the
total or partial termination of Work pursuant hereto, provided that such agreed amount or amounts
shall never exceed the total Fixed Price as reduced by the amount of payments otherwise made and
as further reduced by the Fixed Price of Work not terminated. The Agreement shall be amended
accordingly, and the Contractor shall be paid the agreed amount. No amount shall be due for lost
or anticipated profits. Nothing in this Section 3.2 prescribing the amount to be paid to the
Contractor in the event of failure of the Contractor and the Owner to agree upon the whole amount
to be paid to the Contractor by reason of the termination of Work pursuant to this Ssection 3.2,
shill be deemed to limit, restrict or otherwise determine or affect the amount or amounts which
may be agreed upon to be paid to the Contractor pursuant to this Section 3.2.
13.2.6 In the event of the failure of the Contractor and the Owner to agree, as provided in
Subsection 13.2.5, upon the whole amount to be paid to the Contractor by reason of the termination
of Work pursuant to this Section, the Owner shall determine, on the basis of information available
to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the
Contractor the amounts determined. No amount shall be due for lost or anticipated profits.
13.2.7 In arriving at the amount due the Contractor under this Section, there shall be
deducted (a) all unliquidated advance or other payments on account theretofore made to the
Contractor, applicable to the term'mated portion of this Agreement; Co) any claim which the Owner
may have against the Contractor in connection with this Agreement; and (c) the agreed price for or
the proceeds of sale of any materials, supplies or other things kept by the Contractor or sold,
pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Owner.
13.2.8 If the termination hereunder be partial, prior to thc settlement of the terminated
portion of this Agreement, the Contractor may file with the Owner a request in writing for an
equitable adjustment of the price or prices specified in the Agreement relating to the cont'mued
portion of the Agreement (the portion not terminated by the notice of termination), and such
equitable adjustment as may be agreed upon shall be made in such price or prices. Nothing
contained herein, however, shall limit the right of the Owner and the Contractor to agree upon the
amount or amounts to be paid to the Contractor for the completion of the continued portion of the
Agreement when said Agreement does not contain an established fixed price for such continued
portion.
13.2.9 Nothing contained in this Section 13.2 shall limit or alter the rights, which the
Owner may have for termination of this Agreement under Section 13.3 for Contractor's default or
any other right which Owner may have for default or breach of Agreement by Contractor.
Page 24
13.3 CONTRACTOR DEFAULT: OWNER'S RIGHT TO SUSPEND WORK AND
TERMINATE AGREEMENT
13.3.1 The Work or any portion of the Work under this Agreement shall be suspended
immediately on written order of the Owner declaring the Contractor to be in default. A copy of
such notice shall be served on the Contractor's surety. The Agreement may be terminated by the
Owner for any good cause or causes, among others of which special reference is made to the
following:
(a) failure of the Contractor to start the Work within 10 days from date specified in the
written work order issued by the Owner to begin the Work;
0o) substantial evidence that the progress of the Work being made by the Contractor is
insufficient to complete the Work within the specified working time;
(c) failure of the Contractor to provide sufficient and proper equipment, materials or
construction forces for properly executing the Work;
(d) substantigl evidence that the Contractor has abandoned the Work or discontinuance
of the performance of the Work or any part thereof and failure to resume performance
within a reasonable time after notice to do so;
(e) substantial evidence that the Contractor has become insolvent or bankrupt, or
otherwise financially unable to carry on the Work;
(f) deliberate failure on the part of the Contractor to observe any requirements of these
specifications or to comply with any orders given by the Owner as provided for in these
specifications;
(g) failure of the Contractor to promptly make good any defects in materials or
workmanship, or any defects of any nature, the correction of which has been directed in
writing by the Owner;
(h) substantial evidence of collusion for the purpose of illegally procuring a contract or
perpetrating fraud on the Owner in the construction of Work under contract;
(i) repeated and flagrant violations of safe working procedures; or
(j) the filing by the Contractor of litigation against the Owner prior to final completion
of the Work..
13.3.2 When the Work is suspended for any of the causes set forth in Subsection 13.2.1, or
for any other cause or causes, the Contractor shall discontinue the Work or such part thereof as the
Owner shall designate, whereupon the surety may either at its option assume the Agreement or that
portion thereof which the Owner has ordered the Contractor to discontinue and perform the same
or, with the written consent of the Owner, sublet the same, provided, however, that the surety shaI1
exercise its option within two weeks after the written notice to discontinue the Work has been
served upon the Contractor and upon the surety or its authorized agents. The surety in such event
shall assume the Contractor's place in all respects and shall be paid by the Owner for all Work
performed by it in accordance with the terms of the Agreement, but in no event shall such payments
exceed the Fixed Price, regardless of the cost to the surety to complete the Work. When
performing the Work or subletting same, the Surety shall not use the services of the Contractor or
any entity or person affiliated with the Contractor unless the Owner approves such use in advance
in writing.
Page 25
13.3.3 All monies rema'ming due the Contractor at the time of its default shall thereupon
become due and payable to the surety as the work progresses, subject to all terms of the Agreement.
In case the surety does not, within the hereinabove specified time, exercise its obhgation to assume
the Agreement or that portion thereof which the Owner has ordered the Contractor to discontinue,
then the Owner shall have the power to complete by contract or otherwise, as it may determine, the
work herein described or such part thereof as it may deem necessary. The Contractor agrees that
the Owner shall have the right to take possession of or use any or all of the materials, plant, tools,
equipment, supplies and property of every kind provided by the Contractor for the purpose of their
work and to procure other tools, equipment and materials for the completion of the same and to
charge to the account of the Contractor the expense of said contract for labor, materials, tools,
equipment and expenses incident thereto. The expense so charged shall be deducted by the Owner
out of such monies as may be due or may at any time thereafter become due the Contractor and by
virtue of the Agreement or any part thereof.
13.3.4 The Owner shall not be required to obtain the lowest bid for the work of completing
the Agreement, but the expenses to be deducted shall be the actual cost of such work. In case such
&~pense is less than the stim Whifih would have been payable Under the Agreement if the same had
been completed by the Contractor, then in such case the Owner may pay the Contractor the
difference in the cost, provided that the Contractor shall not be entitled to any claim for damages or
for loss of anticipated profits.
13.3.5 In case such expense to complete exceeds the amount which would have been
payable under the Agreement if the same had been completed by the Contractor, the Contractor and
its surety shall pay the amount of the excess to the Owner on notice from the Owner for excess due
including any costs incurred by the Owner, such as inspection, legal fees and liquidated damages.
When any particular part of the Work is being carried on by the Owner by contract or otherwise
under the provisions of this Section, the Contractor shall continue the remainder of the Work in
conformity with the terms of the Agreement and in such mariner as not to hinder or interfere with
the performance of workmen employed as above provided by the Owner or surety.
13.4 susPENSION BY COURT ORDER AGAINST THE OWNER The Contractor shall
suspend such part or parts of the Work pursuant to a court order issued against the Owner and shall
not be entitled to additional compensation by virtue of such court order; neither shall the Contractor
be liable to the Owner in the event the Work is suspended by such court order, unless such
suspension is due to the fault or negligence of the Contractor.
ARTICLE 14
MISCELLANEOUS PROVISIONS
14.1 ASSIGNMENTS The Contractor shall not assign, transfer, convey or otherwise dispose of
this Agreement, or their right to execute it, or their right, title or interest in it or any part thereof
without the previous written consent of the surety company and the written approval of the Owner.
The Contractor shall not assign, either legally or equitably, by power of attorney or otherwise, any
of the monies due or to become due under this Agreement, except for the monies due the
Page 26
Architect/Engineer for design services, or their claim thereto without the prior written consent of
the surety company and the written approval of the Owner. Nothing in this Section is intended to
conflict with Texas Business and Commerce Code. The approval of the Owner of a particular
assignment, transfer or conveyance shall not dispense with such approval to any further or other
assignments. The approval by the Owner of any assignment, transfer or conveyance shall not
operate to release the Contractor or surety hereunder from any of the Agreement and bond
obhgations, and the Contractor shall be and remain fully responsible and liable for the defaults,
negligent acts and omissions of their assignees, their agents and employees, as if they were their
own.
14.2 VENUE AND GOVERNING LAW The parties herein agree that this Agreement shall be
performed in Denton County, and if legal action is necessary in connection therewith, exclusive
venue shall lie in Denton County. The terms and provisions of the Agreement and the Contract
Documents shall be construed in accordance with the laws and court decisions of the State of
Texas.
14~3 SEVER_ABILITY The partial or complete invalidity of any one or more provisions of this
Agreement shall not affect the validity or continuing force and effect of any other provision.
14.4 NO WAIVER OF LEGAL RIGHTS Inspection by the Owner; any order, measurement,
quantity or certificate by the Owner; any order by the Owner for payment of money; any payment
for or acceptance of any work; or any extension of time or any possession taken by the Owner shall
not operate as a waiver of any provisions of the Agreement or any power therein reserved to the
Owner of any rights or damages therein provided. Any waiver of any breach of contract shall not
be held to be a waiver of any other or subsequent breach. The Owner reserves the right to correct
any error that may be discovered in any estimate that may have been paid and to adjust the same to
meet the requirements of the Contract Documents. The Owner reserves the right to recover by
process of law sums as may be sufficient to correct any error or make good any deficiency in the
Work resulting from such error, dishonesty or collusion by the Contractor or their agents and the
Architect/Engineer or their assistants, discovered in the Work aller the final payment has been
made. Neither final acceptance of the Work nor final payment shall relieve the Contractor of
responsibility for faulty materials or workmanship, and the Contractor shall promptly remedy any
defects due thereto and pay for any damage to other work resulting therefrom. Likewise, neither
fmal acceptance nor final payment, nor partial or entire use or occupancy of the Work by the
Owner shall constitute acceptance of Work not done in accordance with the Contract Documents or
relieve Contractor of liability with respect to any expressed or implied warranties or responsibility
for faulty materials or workmanship, whether same be patently or latently defective.
14.5 OBLIGATION TO PERFORM FUNCTIONS Any failure or neglect on the part of
Owner or inspectors to enfome provisions herein dealing with supervision, control, inspection,
testing or acceptance and approval of the Work shall never operate to relieve Contractor from full
compliance with the Contract Documents nor render Owner liable to Contractor for money
damages, extensions of time or increased compensation of any kind.
Page 27
14.6 SUCCESSORS AND ASSIGNS Subject to the limitations upon assignment and transfer
herein contained, this Agreement shall be binding upon and inure to the benefit of the parties
hereto, their respective successors and assigns.
14.7 HEADINGS The title and headings contained in the contract documents and the subject
organization are used only to facilitate reference, and in no way define or limit the scope of intent
of any of the provisions of this contract.
ARTICLE 15
EXISTING CONTRACT DOCUMENTS
The Contract Documents in existence at the time of execution of this Agreement are as follows:
Agreement for Design Build Services
Attachment A - Contractor's Proposal
Attachment B - Insurance Requirements for Contractors
Drawing - "N.T.S."
This Agreement is entered into as of the date set forth above.
ATTEST:
JENNER WALTERS,.CIy SECRETARY
BY: : ~'-~'~?/
ATTEST:
CITY OF DENTON, TEXAS
WAYNI~ ALLEN CONSTRUCTION
BY: //WA~RESIDENT
Page 28
WAYNE
ALLEN
1103 N. ELM
DENTON, TX 76201
(940) 566 1819
(940) 891-1082 FAX
wacc@sprynet.cam EMAIL
February 6, 2002
Ms. Christy Skirchak
City of Denton Purchasing Dept.
901-B Texas St.
Denton TX 76201
Dear Christy:
RE: AIR TRAFFIC CONTROL TOWER
We are pleased to offer our proposal as follows:
CITY:
All permits, impact fees, job use utilities, taps and fees, trash container
and haul off are to be paid by the City of Denton.
In addition the City will provide engineering services, plan reproduction
services, and silt fence and barricades.
GENERAL CONDITIONS
JOB SITE OFFICE/STORAGE:
A job site office/Storage facility will not be included. Instead, we will use
the existing building for job conferences, etc.
JOB SITE SIGN:
Job site sign for identifying the project and General Contractor has been
included.
PORTABLE TOILET:
A portable toilet for use by all crafts during project construction is
included.
SKID STEER LOADER:
A skid steer loader with fork, sweeper and loader bucket has been
included with an allowance of $2,500.
Attachment A - Page 1
CLEANUP:
Labor to keep job clean during construction plus final cleanup at the end of the job is
included.
PROJECT SUPERINTENDENT:
A full time, on-site superintendent/project manager will assure quality workmanship,
maintain efficiency and coordination, effect quality control of materials placed in
adherence to plans and specifications, and to ensure obedience by all crafts to
safety rules.
Our superintendents are knowledgeable of OSHA requirements and guidelines and
see to it that these safety regulations are followed at all times. The superintendent's
presence on site during construction is necessary to maintain a safe working
environment for all. He will conduct safety classes on site, per OSHA requirements.
BUILDER'S RISK INSURANCE:
An "all risk" builder's risk insurance policy shall be maintained throughout
construction. (See our certificate of insurance for other coverages.)
CONSTRUCTION
EXCAVATION:
Analiowance~ $1,000isincluded ~rexcavationunderbuildingpadonly.
CONCRETE TILT WALLS:
Concrete tilt walls shall be 9-1/2" thick (12' x 42' panels) with exposed aggregate
finish, reinforced with #5 rebar at 12" on center each way. Imbed welding as
required is included.
CONCRETE FOUNDATION, FLOOR & MISC.:
· 9 piers - 36" x 30' (10' into rock) with 12 pieces #10 rebar in #4 spiral -
12" pitch with spacer sleds on sides and boot spacers at bottom.
· Continuous Beam: 24" x 24" continuous beam shall connect all perimeter
piers and interior pier. It shall be poured monolithic, formed on both
sides, with 8" void boxes underneath except at piers; retainers included to
prevent soils entering as void boxes deteriorate. Beams to be reinforced
with 8 pieces of#8 rebar with ~ stirrups at 10" on center.
· Tilt Wall Erection: Walls are to be erected on beam and braced off with
appropriate imbeds welded together.
· Floor: Floor to have perimeter beam and interior beam to rest directly on
tie beam. Floor to be 8" thick with two mats of #5 rebar, 12" on center
each way. Void boxes to be under floor and on top of earth below. (Slab
to be isolated from earth movement.)
· Intermediate Floor: 3" concrete with Fibermesh poured in a structural pan.
Attachment A - Page 2
Cab Floor: 7" concrete under interior of cab, dropping to 5-1/2" just
outside the cab, and sloping to 3" at the outside edge. Concrete to
contain Fibermesh.
Stair Pans: Stair pans to receive 2" concrete.
Landin,qs: Landings to receive 3" concrete.
STRUCTURAL STEEL:
Included are:
1. Steel flaming at roof.
2. Steel framing at Level 25.
3. Steel tube framing at cab.
4. Continuous deck support angle at roof.
5. Continuous pour stop angle at floors.
6. Roof opening framing support angle at RTU and roof hatch.
7. Galvanized guardrails at roof.
8. Steel stairs and handrails.
9. Beam to concrete panel embeds.
10. Panel to panel embeds.
11. Panel to pier embeds.
12. Shop and erection drawings.
13. One coat of standard red oxide primer on all steel except galvanized.
14. Erection.
20.0 tons - structural/miscellaneous steel
8.4 squares - metal roof deck (1.5B-22Gage-G90)
17.0 squares - metal floor deck (1.5 VL1-20Gage-G90)
SEALANTS:
Backer red and Urethane caulking to seal all tilt wall joints.
ROOF HATCH:
Access hatch with aluminum, extendable ladder shall be installed in the roof for pull-
down use from the cab floor.
GLASS & GLAZING:
Clear-finish aluminum, Iow-E, tempered, insulated glass.
ROOF & WALK COVER:
Price includes roof insulation, EPDM roofing on roof and cab sidewalk, installed by a
certified, commercial roofing company.
CARPENTRY:
Exterior Framin,q & Sheathing:
Included are all heavy-gauge metal stud framing and exterior Hardi-board for
exterior soffit, sill wall at perimeter of tower and framing and sheathing between
exterior glass and roof.
Attachment A - Page 3
Interior Framing & Drywall:
A. Exterior walls to be framed with 3-1/2" studs, 24" on center from first floor to
bottom of 3r~ floor, with 5/8" fire-code drywall on one side to full height, 3-1/2"
fiberglass insulation.
B. Intedor drywall includes all metal stud framing and drywall per plans and
specifications for fire-rated stairwells, fire-rated drywall, ceiling assemblies at
decks, fire-rated walls, interior partitions, Iow walls, fire-rated shaft walls, fire
caulking, fur-down light coves, and all drywall metal trim.
Acoustical Ceilings & Insulation:
Included are all suspended, acoustical ceilings per plans and specifications with 6",
un-faced, R-19 insulation above 3rd floor ceiling.
Wood Blocking:
All interior and exterior wood blocking is included.
Doors, Frames, & Hardware:
Included are all doors, frames, and hardware per plans and specifications, including
door unit at Tower Level (approximately 3' x 3').
PAINTING: · Tape, bed, texture and paint all drywall walls and ceilings.
· Paint screen wall on roof.
· Finish cabinets.
· Paint hollow metal.
CABINETS:
Fabricate and install cabinets for air traffic control area and breakroom.
SCAFFOLDING:
Erect scaffolding according to OSHA standards around tower for all crafts' use.
SUN SHADES:
FAA-specified 2470B air traffic control tower shades for 8 windows, 11'7", 5 mil. SR
one side, 72" wide.
FLOOR COVERING:
Level 0 - VCT in equipment room, rubber cove base.
Level 25 - VCT in restroom, rubber cove base.
Navigator, 28 oz., nylon, rubber cove base.
Level 40 - Navigator, 28 oz., nylon, rubber cove base.
Entry, landings, stairs - Concrete finish only with rubber cove base.
MECHANICAL:
Provide the following work to serve the air traffic control tower per AJT drawing
dated January 15, 2002 with all work in accordance with the City of Denton
Mechanical Code:
Attachment A - Page 4
Equipment to be provided:
Cab area:
1 - Carrier 50HJQ008-5 high-efficiency package electric heat pump/cooling
unit (7.5 tons) and 24-kW electric emergency heat strip, with 0-25% manual
OA intake, 2" pleated filters, high/Iow pressure switches, and factory standard
5-year compressor warranty
Level 25:
1 - Carrier 52CQ515-3 package terminal heat pump air conditioner (1.25
tons) to serve the office area
1 - Carrier 38CKC036-3 condenser (3 tons)
1 - Carrier FB4ANF036 air handler with 7.5-kW electric heat to serve the
communications area
1 - Q Mark AWH-4408MG electric wall heater (4000 watt) to serve the break
room area
1 - Q Mark CRA1512T2 electric wall heater (1500 watt) to serve the restroom
Level 0:
1 - Q Mark AWH-4408MG electric wall heater (4000 watt) to serve the
entrance area
1 - Greenheck SBCS sidewall supply fan with an aluminum louver and
motorized damper
PLUMBING:
In full accordance with local and State plumbing codes, fumishing the following
fixtures, with associated piping and labor to install:
1 - Kohler K35~.~. "power flush", ADA, handicap-height, white, elongated, water
closet with open-front seat, no cover
1 - Kohler K2032 white, wall-hung lavatory with factory hanger support, Delta
520-MPU chrome, single-lever (ADA) trim, offset drain, and insulating covers
on trap and supplies
1 - Dayton DP2-11515-C stainless, 15" x 15" x 5-1/8" sinks with Delta 27T3844
trim, grid strainer and offset trap
1 - 10-gallon Rheem electric water heater with T&P drain pan and drain
2 - chrome-plated Woodford "freezeless" wall hydrants with vacuum breakers
1 - Smith 2205 2" floor drain with trap primer
Service:
30' - sewer and water (3" sewer and %" water) to existing services
ELECTRICAL:
Scope of electrical work to include:
Service: 50' of underground secondary conduit and wire from the new City of Denton
pad-mount transformer. Service to be CT metered at transformer. Service is 225-
amp, 3-phase, 208-volt.
Attachment A - Page 5
Furnish and install:
5 - A fixtures
1 - B fixture
4 - C fixtures
3 - D fixtures
1 - E fixture
6 - F fixtures
5 - G fixtures
3 - H fixtures
3 - J fixtures
3 - K fixtures
3 - EX fixtures
10 - single-pole switches
4 - 3-pole switches
1 - photocell
23 - duplex outlets 6 - GFCI outlets
1 - lightening protection system as specified on plans
Connect the following equipment:
1 - 6-ton, 3-phase outlet (RTU), 70-amp, 3-phase circuit
2 - 30-amp, 208-volt, 1-phase NC outlet
3 - 30-amp, 208-volt, 1 -phase unit heater outlet
4 - 120-amp, 208-volt, 1-phase exhaust fan outlets
1 - 30-amp, 208-volt, 1 -phase electric water heater outlet
Phone and Data Wiring:
50' - 2" PVC underground phone conduit included in base bid (no site plans
available for specific location)
5 - %" phone stub-ups (rough-in conduit only)
FIRE EXTINGUISHERS:
3 - fire extinguishers with semi-concealed cabinets
COMMUNICATIONS & AJT EQUIPMENT:
See itemized breakdown.
DESIGN SCOPE:
All architectural and engineering services for permitting and construction are
included. Design phases and percentages are as follows:
Preliminary Evaluation 10%
Concept Documents 15%
Design Development Documents 55%
Construction Documents 12%
Submittals 8%
UNDERGROUND HAZARDS:
Since sub-surface conditions are not known, this proposal is subject to additional
charges of cost plus 10% that may result from encountering sub-surface water, rock,
underground utilities, etc., that are not now visible.
FOR THE SUM OF ...................................................................... $933,988.00
Attachment A - Page 6
ADDITIONAL ITEMS:
Other items added during 2/1/2002 negotiations meeting:
1. Add 535 I.f. of 6" fire main, one fire hydrant (to be located per fire marshal),
one wet fire suppression system covering entire building, and one fire
monitoring system - Add ....................................................... $36,796.00
Add one additional intermediate floor, including: structural framing, concrete
floor, 2 - 8' fluorescent lights with switch, 1 - 10-kW heater, fire suppression.
No fire-rated ceiling is included-Add ....................................... $19,141.00
To add elevator stop at additional intermediate floor- Add ............. $8,000.00
3. Lighting control panel to operate runway lights, beacon, etc. from tower cab -
Add .................................................................................... $17,496.00
BASE COST .............................................................................. $933,988.00
ADDITIONAL ITEMS ................................................................... $ 81,433.00
TOTAL ADJUSTED COST ......................................................... $1,018,421.00
We appreciate the opportunity to present our proposal and look forward to working
with you on your project.
Sincerely,
Attachment A - Page 7
DENTON ATCT
Final
General Conditions:
Permit, impact, job use utilities - all taps, fees, trash container &
haul off by City
Testing lab (materials)
Reproduction costs
Field office/storage
Field telephone
Job site sign
Silt fencing & barricades (allowance, up to)
Portable toilets
Skid steer loader with attachments (allowance, up to)
Periodic cleanup
Final cleanup
Project superintendent
Insurance
Bonding
Sub-total - General Conditions
Construction:
Excavation (allowance, up to)
Tilt walls, casting beds
Tilt wall erection
Piers, slab, stair treads, 2nd floor, cab floor
Erection (struct. steel, cab & floors)
Elevator & related work
Drywall, DFH, acoustic, soffit, fascia
Sealants (tilt joints)
Paint
Cabinets, plastic lam work
Hatches, roof curbs
Struct. steel, misc. steel
Glass & glazing
Scaffolding
EPDM roof & tower outside deck film
Sun shades
Floor covering
Mechanical
Plumbing
Electrical
Fire main & hydrants
Fire suppression
Fire extinguishers & cabinets
Fire monitor & alarms
Sub-total - Construction
AJT Equipment:
2 - VHF Local Receiver - Motorola CM200VR
2 - VHF Local Transmitter - Motorola CM200VT
3 - Headsets - Plantronics H31 C/D/SHS-1890-10
3 - Microphones - Shure 104C w/10' coiled-cord/2-prong/6-wire plug
2 - Radio Filters - Motorola
1 - Tunable Transceiver - Icom IC-A200B Base Station for backup
ATTACHMENT A Page 8
by Owner
by Owner
by Owner
by Owner
$ 5O0.00
$ 500.00
by Owner
$ 700.00
$ 2,500.00
$ 4,000.00
$ 2,5OO.OO
$ 50,000.00
$ 1,600.00
$ 16,215.00
1,000.00
28,000.00
6,000.00
43,000.00
46,000.00
79,918.00
36,600.00
1,250.00
8,400.00
14,835.00
2,975.00
58,840.00
27,350.00
3,613.00
6,500.00
7,072.00
3,737.00
15,250.00
8,300.00
42,122.00
450.00
$ 78,515.00
$ 441,212.00
3 - Antennas - Taco VHF D4076
1 - Digital Voice Recorder- Racal Mirra II 8-channel DVD, 10 DVD's, DVD cleaner,
Racal and Investigator software and alarm monitoring system
1 - Master Clock and Time Code Generator- ESE ES-101 master clock/time code
generator GPS
2 - Slave Clock Display - ESE 166U 1" display
1 - Additional Cable - additional antenna and clock cable
1 - Equipment Computer - Compaq Pentium 4 workstation or equivalent
1 - RG-213 Cable - CA11001 adapter cable
1 - Altimeter- DME Sensor Translator Master Unit (DASI System)
1 - Altimeter Display - DME digital display
2 ~ Domore - HighBack Type ATC (3312)
1 - Light Gun and Charger - Honeywell Aerospace or equivalent
2 - Strip Bays - AJT custom (hold 10)
2 - Strip Holders - FAA Type 4 (20)
1 - Traffic Counter- Denominator (6) Position
4 - Telephones - AT&T or equivalent
1 -Misc Hardware - mounting hardware, racks, desk, 2-drawer filing cabinet, misc
binoculars
2 - 7x50 Bushnell Binoculars
1 - Intercom and Monitor- Aiphone KC-IGRD & KC-DAR, one base and one door
station
1 ~ Misc Cable for Aiphone
1 - Cypher Lock and Latch - mechanical (10) key Cypher lock
2 - Littlite console lights
1 - Battery Backup System - Trace DR2424 power inverter and (2) batteries or
equivalent
1 - Equipment Setup - AJT setup, testing, building coordination, electrical
coordination, and certification
1 - Install - AJT surveys and on-site install and visit
1 - Prep Cost - misc drawings and engineering
1 - Travel, Air and Hotel - site survey, on-site installation, certification, setup,
hotel, car, per diem, travel
1 - Admin - project management
Sub-Total AJT Equipment
Sub-Total Cost
Contractor's Overhead & Profit - 20%
Sub-total Construction Cost
Desi.qn:
AJT Engineering & Design
Isbell Engineering
Sub-Total Engineering & Design Fees
AJT Construction Support
Sub-Total Cost
$ 143,270.00
$ 662,997.00
$ 132,600.00
$ 795,597.00
$ 54,326.00
$ 6,601.00
$ 60,927.00
$ 77,464.00
$ 933,988.00
ATTACHMENT A Page 9
Additional Items:
1. Add 6" fire main, fire hydrant, fire suppression & monitoring sys $ 36,796.00
2. Add one additional intermediate floor $ 19,141.00
Add elevator stop at additional intermediate floor $ 8,000.00
3. Add lighting control panel $ 17,496.09
Total Additional Items
Total Cost with Additional Items
$ 81,433.00
$1,015,421,00
ATTACHMENT A Page 10
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requ'~rements below. It is highly recommended that bidders
confer with their respective insurance carriers or brokers to determine in advance of Bid submission the
availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low
bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of
the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the
successful bidder shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the project.
Contractor may, upon written request to the Purchasing Department, ask for clarification of any
insurance requirements at any time; however, Contractors are strongly advised to make such requests
prior to bid opening, since the insurance requirements may not be modified or waived after bid
opening unless a written exception has been submitted with the bid. Contractor shall not commence any
work or deliver any material until he or she receives notification that the contract has been accepted,
approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the
following general specifications, and shall be maintained in compliance with these general
specifications throughout the duration of the Contract, or longer, if so noted:
Each policy shall be issued by a company authorized to do business in the State of Texas with
an A.M. Best Company rating of at least A.
Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by
the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with
respect to the City, its officials, agents, employees and volunteers; or, the contractor shall
procure a bond guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
Liability policies shall be endorsed to provide the following:
Name as additional insured the City of Denton, its Officials, Agents, Employees and
volunteers.
That such insurance is primary to any other insurance available to the additional insured
with respect to claims covered under the policy and that this insurance applies separately
to each insured against whom claim is made or suit is brought. The inclusion of more
than one insured shall not operate to increase the insurer's limit of liability.
Ali policies shall be endorsed to read:
ATTACHMENT B 1
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY
CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE
OWNER (CIT~ EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR
NONPAYi~ENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN
NOTICE IS REQUIRED".
Should any of the required insurance be provided under a claims-made form, Contractor shall
maintain such coverage continuously throughout thc term of this contract and, without lapse, for
a period of three years beyond thc contract expiration, such that occurrences arising during thc
contract term which give rise to claims made after expiration of the contract shall bc covered.
Should any of the required insurance be provided under a form of coverage that includes a
general annual aggregate limit providing for claims investigation or legal defense costs to be
included in the general annual aggregate limit, the Contractor shall either double the occurrence
limits or obtain Owners and Contractors Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for payments originating
after such lapse shall not be processed until the City receives satisfactory evidence of reinstated
coverage as required by this contract, effective as of the lapse date. If insurance is not
reinstated, City may, at its sole option, terminate this agreement effective on the date of the
lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply
with the following marked specifications, and shall be maintained in compliance with these additional
specifications throughout the duration of the Contract, or longer, if so noted:
[X] A.
General Liability Insurance:
General Liability insurance with combined single limits of not less than $1~000,000 shall be
provided and maintained by the Contractor. The policy shall be written on an occurrence basis
either in a single policy or in a combination of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is used:
Coverage A shall include premises, operations, products, and completed operations,
independent contractors, contractual liability covering this contract and broad form
property damage coverage.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO
Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations, products and
completed operations, independent contractors and property damage resulting from
explosion, collapse or underground (XCU) exposures.
ATTACHMENT B 2
Broad form contractual liability (preferably by endorsement) covering this contract,
personal injury liability and broad form property damage liability.
IX] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits
(CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella
or excess policies. The policy will include bodily injury and property damage liability arising out of
the operation, maintenance and use of all automobiles and mobile equipment used in conjunction
with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
any auto, or
all owned, hired and non-owned autos.
[X] Workers Compensation Insurance
[]
[]
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to
meeting the minimum statutory requirements for issuance of such insurance, has Employer's
Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000
policy limit for occupational disease. The City need not be named as an "Additional insured" but the
insurer shall agree to waive all fights of subrogation against the City, its officials, agents, employees
and volunteers for any work performed for the City by the Named Insured. For building or
construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance
with §406.096 of the Texas Labor Code and mle 28TAC 110.110 of the Texas Worker's
Compensation Commission (TWCC).
Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work
under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the
City as insured for property damage and bodily injury which may arise in the prosecution of the
work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis,
and the policy shall be issued by the same insurance company that carries the Contractor's liability
insurance. Policy limits will be at least combined bodily injury and property damage per
occurrence with a aggregate.
Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less than
each occurrence are required.
[X ] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000 per claim with respect to
negligent acts, errors or omissions in connection with professional services is required under this
Agreement. A Best Rating
ATTACHMENT B 3
[ X] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided.
Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their
interests may appear.
Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and specific
service agreements. If such additional insurance is required for a specific contract, that requirement
will be described in the "Specific Conditions" of the contract specifications.
ATTACHMENT B 4
ATTACHMENT 1
IX]
Worker's Compensation Coverage for Building or Construction Projects for Governmental
Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of
authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-
82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the duration of the project.
Duration of the project ~ includes the time from the beginning of the work on the project until
the contractor's/person's work on the project has been completed and accepted by the
governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or
entities performing all or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the contractor and regardless
of whether that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of
any such entity, or employees of any entity which furnishes persons to provide services on the
project. "Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
The contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any overage agreements, which meets the statutory requirements
of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing
services on the project, for the duration of the project.
The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
If the coverage period shown on the contractor's current certificate of coverage ends during the
duration of the project, the contractor must, pr/or to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
The contractor shall obtain from each person providing services on a project, and provide to the
governmental entity:
(1)
a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(2)
no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage per/od shown on the current certificate of
coverage ends during the duration of the project.
ATTACHMENT B 5
The contractor shall retain all required certificates of coverage for the duration of the project
and for one year thereafter.
The contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the project.
The contractor shall post on each project site a notice, in the text, form and manner prescribed
by the Texas Workers' Compensation Commission, informing all persons providing services on
the project that they are required to be covered, and stating how a person may verify coverage
and report lack of coverage.
The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
(1)
provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(2)
provide to the contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for ail employees of the person
providing services on the project, for the duration of the project;
(3)
provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the contractor:
(a) a certificate of coverage, prior to the other person beginning work on the project;
and
(b)
a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(6)
notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
(7)
contractually require each person with whom it contracts, to perform as required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person for
whom they are providing services.
By signing this contract or providing or causing to be provided a certificate of coverage, the
contractor is representing to the governmental entity that all employees of the contractor who
will provide services on the project will be covered by workers' compensation coverage for the
ATTACHMENT B 6
duration of the project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed with the appropriate
insurance carder or, in the case of a self-insured, with the cormmssion's Division of Self-
Insurance Regulation. Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
The contractor's failure to comply with any of these provisions is a breach of contract by the
contractor which entitles the governmental entity to declare the contract void if the contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
ATTACHMENT B 7
AJT
AJT & Associates
Functional Layout for
Design
Denton, TX ATCT
Facility Features
· Eight Sided Cab (Floor 40'
^GL)
· Shaft size will be 24' on all
sides.
· Elevator will be required to
Level 25 w/Lift to Cab
· Floor Below Cab
-Break Area
-ADA Restroom
· Equipment mom
· Manager's Office
· Only 1 Finished Floor
Below Cab, Junction Level
Unfinished & No Floor
· No Back-up Generator.
· Sewer, Water, & Power
Service Connections
Junction Level
Bmak Console/
RestRoom,
Equip Room,
MngPsOffice,
Entry I
Meohanical
Room
AJT
Controller Eye
'"~ Height - 46'
.~LEVEL40
LEVEL
LEVEL 25
LEVEL 0
Foundation -
Drilled Piers
Drawin~l N.T.S.