HomeMy WebLinkAboutResolution - 032670B - Agreement - Parkhill, Smith & Cooper Inc - Consulting Engineers For Airport - 03_26_1970g..
10
e 3Z(e- 70 8
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an agreement in favor
of Parkhill, Smith & Cooper, Inc. Consulting Engineers, attached herewith whict
shall be spread upon the minutes of the Council and as spread upon the minutes of
this Council shall constitute and be a part of this Resolution as if fully copied here
in in detail.
Passed by the City Council this 26th day of March , 1970.
ATTEST:
n
L venia Lowe, ity Secretary -Treasurer
APPROVED:
Fred O. Senter, Jr., qi�* Attorney
a
A G R E E M E N T.
CITY OF LUBBOCK, TEXAS
AND
PARKHILL, SMITH & COOPER, INC., CONSULTING ENGINEERS
LUBBOCK AND EL PASO, TEXAS
FOR
ENGINEERING SERVICES FOR AIRPORT IMPROVEMENTS
STATE OF TEXAS )
CITY OF LUBBOCK )
THIS AGREEMENT made, entered into and executed this the -Z �'�� day
of Z211ertt l , 1970, by and between the CITY OF LUBBOCK, TEXAS,
acting herein, by and through its MAYOR who is duly authorized so to act for
and in behalf of said CITY OF LUBBOCK by Resolution datedlJcLeG�.-'��'�'C ,
1970, of the CITY COUNCIL of said CITY OF LUBBOCK, TEXAS, hereinafter called
the "OWNER", and PARKHILL, SMITH & COOPER, INC., CONSULTING ENGINEERS, of 201
Avenue R, Lubbock, Texas, and 700 Southwest National Bank Building, E1 Paso,
Texas, a corporation which is duly chartered under the laws of the State of
Texas and of which all stockholders are registered professional engineers, here-
inafter called the "ENGINEER".
WITNESSETH, that whereas the Owner intends to construct new runways, taxi-
ways, aircraft parking aprons, access roads, utilities and other facilities at
the Lubbock.Municipal Airport, such improvements hereinafter being called the
"PROJECT".
r 1 r
NOW, THEREFORE, the Owner and the Engineer, in consideration of the mutual
covenants and agreement herein contained, do mutually agree as follows:
SECTION I - EMPLOYMENT OF THE ENGINEER
The Owner agrees to employ the Engineer and the Engineer agrees to
perform professional engineering services, as specified in this agreement, in
connection with the Project, and for having rendered such services, the Owner
agrees to pay the Engineer compensation as stated in the sections to follow.
Generally, the items covered by this contract are:
A. Parallel taxiway to Runway 17R/35L.
B. Taxiway exits for Runway 8/26.
C. Taxiway exits for Runway 17R/35L.
D. Connecting taxiways.
E. Extension to Runway 17R/35L.
F. Holding aprons.
G. General aviation access taxiway.
H. Air cargo apron.
I. Terminal parking apron.
J. Runway and taxiway lighting.
K. Ground level automobile parking, except that as may be designed
within the Terminal complex.
L. Access streets and roads.
M. Water and sewer utilities.
N. Other incidental items as may be designated by the Owner.
SECTION II - CHARACTER AND EXTENT OF SERVICES
The Engineer shall render the following professional services neces-
sary .for the development of the Project:
A. Report Phase:
During the report phase the Engineer will:
- 2 -
1. Attend conferences with the Owner regarding the Project.
2. Prepare a preliminary engineering study and report of all
items listed in Section I in sufficient detail to indicate
generally the problems involved and the solutions available
to the Owner. The report shall include preliminary layouts,
sketches and cost estimates. The report shall also include
a construction phasing schedule which takes into account
the availability of local funds, Federal funds, minimum
and optimum operational needs, the construction schedule
of other facilities such as the terminal building, and
other related items. The report shall clearly set forth
the Engineer's recommendations. Twenty (20) copies of
the report shall be furnished to the Owner.
3. Prepare an "Airport Layout Plan", based on the location of
Runway 17R/35L as adopted by the Owner, for approval of the
Federal Aviation Administration.
4. Assist the Owner in the preparation of applications to the
Federal Aviation Administration for government grants for
the various phases of the Project.
B. Final Design Phase:
After written authorization to proceed with the final design phase,
the Engineer shall:
1. Perform field surveys and investigations necessary to
collect information required in the design of the Project.
2. Plan and supervise soil borings, soil testing, investigation
and testing of existing pavements and other tests required
for the design.
3. Furnish to the Owner the engineering data necessary for
applications for permits required by local, state and
federal authorities.
- 3 -
4. Prepare detailed contract drawings and specifications for
construction authorized by the Owner. These designs shall
in all respects combine the application of sound engineering
principals with a high degree of economy and shall be sub -
witted to the applicable state and federal agencies for
approval.
5. Prepare detailed cost estimates and.proposals for authorized
construction, which shall include summaries of bid items and
quantities based, insofar as practicable, on the unit price
system of bidding. The.Engineer shall not be required to
guarantee the accuracy of the estimates.
6. Furnish to the Owner all necessary copies of approved plans,
specifications, notices to bidders, and proposals.
7. Assist the Owner in the advertisement of the Project for bids.
8. Assist the Owner in the opening and tabulation of bids for
construction of the Project, and recommend to the Owner as
to the proper action on all proposals received.
9. Assist in the preparation of formal contract documents for
the award of contracts.
It is agreed that services required in the design phase shall be
performed by the Engineer at the option of the Owner. The Owner may elect to
authorize the Engineer to proceed (1) with any one of the items set out in
Section I, or (2) with any combination or combinations of items set out in
Section I all at the option of the Owner.
C. Construction Phase:
During the construction phase, the Engineer will:
1. Act as the Owner's representative during construction,
making such periodic visits to the site (as distinguished
from continuous services of a Resident Project Representative)
1
as may be required to maintain general familiarity with the
4 -
progress and quality of the work, and to determine in general
if the work is proceeding in accordance with the Contract Do-
cuments. In performing these services, the Engineer shall
endeavor to protect the Owner against defects and deficiencies
in the work of the Contractors, but he does not guarantee
the performance of their contracts, nor is he responsible
for actual supervision of construction operations.
2. Consult and advise with the Owner during construction.
'3. Provide a system of control base lines and bench marks, de-
fin1d by permanent markers, for the control of construction
surveys. The control system shall be of such nature and
extent that each element of each project can be laid out
without extensive layout surveys being required but it will
not be a detailed construction layout system.
4. Furnish the services of a qualified Resident Project Repre-
sentative, subject to approval of the Owner, and of such
inspectors as may be required who shall be the Owner'.s on -
site representative throughout the construction of the
project.
5. Review shop or working drawings furnished by Contractors,
for compliance with design concept and with informatipn
given in the contract documents.
.6." Review all laboratory shop and mill tests of materials and
equipment for compliance with the specifications.
7. Review monthly and final estimates for payments "to contrac-
tors, and furnish to the Owner any.necessary certifications
as to payments to contractors and suppliers.
8. Act as the Owner's representative during the initial opera-
tion of the Project by the Contractor's forces and perfor-
mance of any equipment testsrequired by the specifications.
5 -
9. Perform, in company with other authorized representatives
of the Owner, a final inspection of the Project.
10. Revise contract drawings to show the work as actually
constructed and furnish the Owner with one set of repro-
ducible drawings.
D. General:
The Engineer shall perform the services covered by this Section
at his own cost and expense, including the cost of all labor, equipment, pro-
fessional services and travel within the City of Lubbock or other travel re-
quired for the Engineer's own purposes.
SECTION III - PERIOD OF SERVICE
The services called for in Section II,A, (Report Phase), of this
.agreement shall be completed and the report submitted within one hundred eighty
(180) days following the receipt by the Engineer of a firm decision by the City
on the direction in which Runway 17R/35L will be extended, and of Notice to
Proceed with this phase.
In the event the Owner elects to have the Engineer proceed with the
design phase, then after conferences with representatives of the Owner for de-
termination of the scope of the Project or Projects on which preparation of
plans and specifications are to proceed, the Engineer will, upon proper authori-
zation from the Owner, proceed with the performance of the services called for
in Aection II,B, (Design Phase), on such schedule as will assure completion of
plans and specifications within a mutually agreed time period.
It is recognized that the Owner, at his option, may issue authoriza-
tion to proceed with various construction phases of the Project at various
times, thereby requiring the Engineer to prepare one or more sets of plans and
specifications.
Following the award by the Owner of a construction contract or con-
tracts, the Engineer will proceed with the performance of the services called
for in Section II,C, (Construction Phase), of this.agreement.
- 6 -
The final acceptance by the Owner of each construction contract on
the Project shall serve as evidence of completion, on the part of the Engineer,
of all services under this contract, insofar as they pertain to that section or.
part of the Project.
SECTION IV - COORDINATION WITH THE OWNER
The Engineer shall hold periodic conferences with the Owner, or his
representatives, to•the end that the Project shall have full benefit to the
Owner's experience and knowledge of existing needs and facilities, and be
consistent with his current policies and construction standards. To implement
this coordination, the Engineer shall maintain contact with the Director of
Aviation, who shall coordinate the work of the Engineer with other Departments
and personnel of the Owner's organization and make available to the Engineer,
for use in planning the Project, all existing plans, maps, field notes, statis-
tics, computations and other data in the Owner's possession relative to the
existing facilities and to the Project.
SECTION V - COMPENSATION
A. Basis of Compensation:
For and,in'consideration of the services to be rendered by the
Engineer, the Owner shall pay, and the Engineer shall receive and accept the
compensation'hereinafter set forth, for the Report, Design and Construction
Phases of the work.
Where the compensation is based on a percentage of construction
cost, the compensation for each separate phase shall be based on the construction
cost of all work authorized by the Owner at one time, and handled by the Engineer
in accordance with this agreement, including all alternates on which plans are
prepared, provided such alternates are included in the plans with the specific
approval of the Owner, regardless of whether or not such alternates are included
in awards of contracts for construction.
- 7 -
Construction cost is defined as the total cost to the Owner for
the execution of the work authorized at one time and handled in each separate
phase of engineering services, excluding compensation or other cost for engineer-
ing and legal services, the cost of land, rights -of -way, legal and administrative
expenses; but including the direct cost to the Owner of all construction contracts,
items of construction, including labor, materials, and equipment, required for
the completed work (including extras) and the total value at site of Project of
all labor, materials and equipment purchased or furnished directly by the Owner
for the Project.
In the event that proposals for construction of any of the work
authorized in the Design Phase are received within 90 days after submission of
completed contract drawings and specifications to the Owner by the Engineer, the
compensation for the corresponding services in the Design Phase and the compen-
sation for the corresponding services in the Report Phase shall be adjusted to
-the construction cost as reflected by the lowest acceptable proposal, or lowest
bona fide bid, if no contract is awarded. Where no proposals or bona fide bids
are received, the Engineer's estimates shall be the basis for final payment for
these two phases. No reduction shall be made from the percentage fee on account
of penalties or liquidated damages or other sums withheld from the contractor's
payments.
B. Report Phase:
Payment for services in the Report Phase shall be a sum equal to
one-half (1/2) percent of the Engineer's estimate of construction cost of all
work included in the Report.
Monthly progress payments shall be made in proportion to the
services performed. The final payment for the Report Phase is due and payable
upon submission to the Owner of the required report, sketches and estimates, and
upon his acceptance, which shall take place within 30 days after submission of
satisfactory and adequate information.
1
MM
C. Design Phase:
Payment for services in the Design Phase
shall be made to the
Engineer in a sum equal to a percentage of the construction
cost of each separate
set of plans and specifications authorized by the Owner
in this Phase of the
Project, as determined by the following schedule:
1. Drainage, Grading and Surfacing of
Runways, Taxiways and
Aprons:
Construction Cost
Percentage Fee
Less than $50,000 •
Payroll x 2.25
$ 509000 to $ 100,000
7.47.
$ 100,000 to $ 200,000
6.07.
$ 2009000 to $ 500,000
4.8%
$ 5009000 to $1,000,000
4.0"/,
$1,000,000 to $2,000,000
3.5%
$2,000,000 to $5,000,000
3.0%
2. Airfield Lighting:
Construction Cost _.
Percentage Fee
Less than $50,000
Payroll x 2.25
$ 50,000 to $ 100,000
9.8%
$ 100,000 to $ 200,000
6.8%
$ 200,000 to $ 500,000
5.47.
3. Water Lines, Sewer Lines, Streets,
Automobile Parking:
Construction Cost
Percentage Fee
Less than $50,000
Payroll x 2.25
$ 50,000 to $ 100,000
9.8%
$ 100,000 to $ 200,000
6.8%
$ 200,000 to $ 500,000
5.47. '
Monthly progress payments shall be made
in proportion to services
performed. The fee for the design phase shall in no event be less than the
maximum computed under the next lower bracket.
- 9 -
The final payment for the Design Phase is due and payable upon
submission to the Owner of the completed plans and specifications, and upon
his acceptance, which shall take place within 30 days after submission of
satisfactory and adequate plans and specifications.
D. Construction Phase:
Payment for services required by items (1) through (3) and (5)
through (10) of Section II,C, shall be a sum equal to one and one-half (1-1/2)
percent of the construction cost.of the work authorized by the Owner.
This sum will be paid in monthly installments in proportion to
the construction work completed, on the basis of the Engineer's estimates pre-
pared for monthly payments to contractors, plus the actual value of all materials
and equipment purchased for or furnished directly by the Owner for the Project.
Upon completion of all'work authorized in the Construction Phase, the Engineer
will be paid the remainder of the fee for this phbse.
Payment for services of resident project representatives as
provided in Section II,C,4, shall be an amount equal to the total payroll cost
of applicable salaries and wages times a factor of two and twenty-five hundredths
(2.25), plus the actual cost of reimbursable expenses times a factor of one and
fifteen hundredths (1.15), and shall be due and payable monthly. The payroll
cost is defined as the cost of salaries or wages of project representatives or
inspectors for time directly chargeable to the Project, plus social security
contributions, unemployment, excise and payroll taxes, employment compensation
insurance, life insurance, health insurance, retirement benefits, sick leave,
vacation and holiday pay applicable thereto. Reimbursable expenses shall in-
clude the travel expense of such project representatives or inspectors, and
shall include car allowance, meals, hotel and/or other expenses directly
chargeable to the Project. This sum shall be paid monthly.
E. Services Not Included in Above Fees:
The charges above described in the Report, Design and Construction
Phases shall provide compensation to the Engineer for all services called for
10 -
under this agreement to be performed by him, or under his direction, except
the services as set forth below. These excluded services, and the compensation
to be paid by the Owner to the Engineer for their performance as required, are
as follows:
Service - Basis of Compensation
1. Actual performance of test borings Actual cost plus 15%.
and other foundation investigations and
related analysis, detailed mill, shop
and/or laboratory inspection of materials
or equipment, and construction testing.
To be selected, supervised, and paid for
by the Engineer.
2. Additional copies of report and Commercial rates for reproduction
additional blueprint copies of drawings and binding plus:15%
and specifications over the number re-
quired for the Federal Aviation Adminis-
tration plus ten copies to be furnished
to the Owner.
3. Extra travel required of the Engi-
neer, by the Owner, and authorized by
the Owner to points other than the
Engineer's office and Project location.
4. Assistance to the Owner as expert
witness in any litigation with third
parties, arising from the development
or construction of the Project.
Direct cost of travel, subsistence
and lodging plus 15%.
During the life of the contract, com-
pensation to the Engineer shall be
negotiated between the Engineer and
Owner; provided the Engineer is re-
quired to make a special trip for
litigation purposes, he shall be at
r
Service
4. (Continued)
5. Investigation involving detailed
consideration of operation, maintenance
and overhead expenses; and the prepara-
tion of rate schedules; earning and ex-
pense statements, feasibility studies,
appraisals, valuations, special reports
required for marketing of bonds, and
material certification of force account
construction performed by Owner.
Basis of Compensation
least reimbursed for direct cost of
travel, subsistence and lodging.
To be negotiated, if required, on`
a cost plus basis.
Payroll costs times a factor of
2.25, plus the actual cost of reim-
bursable expenses times a factor
of..1.15.
6. Performing land surveys, establish- Actual cost plus 15%.
ing boundaries and monuments, and atten-
dant office work. Surveyor to be selected,
supervised and paid by the Engineer.
Payments to the Engineer for authorized services, not in the
stipulated fees,.will be made monthly, by the Owner, upon presentation by the
Engineer of monthly statements of such services.
SECTION VI - REVISION TO DRAWINGS AND SPECIFICATIONS
The Engineer will make, without expense to the Owner, such revisions
of the preliminary drawings as may be required to meet the needs of the Owner,
but after a definite plan has been approved by the Owner, if a decision is sub-
sequently make by the Owner, which for its proper execution, involves extra
services and expenses for changes in, or additions to, the drawings, specifica-
tions or other documents, or if the Engineer is put to labor or other expense
12 -
by delays imposed on him from causes not within his control, such as by the
readvertisement of bids or by the delinquency or insolvency of contractors,
the Engineer shall be compensated for such extra services and expense, which
services and expense shall not be considered as covered by the charges stipu-
lated in this agreement. Compensation for such extra services shall be
negotiated on a cost plus basis.
SECTION VII - OWNERSHIP OF DOCUMENTS
All documents, including original drawings, estimates, specifications,
field notes and data are and remain the property of the Engineer as instruments
of service. The Owner will be furnished one reproducible copy of the drawings,
and one copy of other documents, in consideration of which it is mutually agreed
that the Owner will use them solely in connection with the Project, such as
alterations to, repair of or making extensions to individual units of the Project
at some later date. Re -use for construction of individual units or components,
or for new projects, shall require permission of the Engineer and shall entitle
him to further compensation at a diminishing rate to be agreed upon by Owner
and Engineer.
SECTION VIII - ARBITRATION OF DISPUTES
All disputes, claims or questions subject to arbitration under this
contract shall be submitted to arbitration in accordance with the Arbitration
Statutes of the State of Texas.
The Engineer shall not cause a delay of the work during any arbitra-
tion proceedings except by agreement with the Owner.
Notice of the demand for arbitration of a dispute shall be filed in
writing with the other parties to the contract. The demand for arbitration
shall be made within a reasonable time after the dispute has arisen; in no
case, however, shall the demand be made later than the time for final payment
except as otherwise expressly stipulated in the contract. Nothing in this
- 13 -
paragraph contained is intended to be in derogation of the Arbitration Statutes
of the State of Texas, and any notices or demands for arbitration required by
these statutes are in addition to the notices to be given as above provided.
SECTION IX - TERMINATION
The Owner may terminate this agreement at any time by a notice in
writing to the Engineer. Upon receipt of such notice, the Engineer shall,
unless the notice directs otherwise, immediately discontinue all services in
connection with the performance of this agreement and shall proceed to cancel
promptly all existing orders and contracts insofar as such order or contracts
are chargeable to this agreement. As soon as practicable after receipt of
notice of termination, the Engineer shall submit a statement, showing in detail
i
the services performed under this agreement to the date of termination. The
Owner shall then pay the Engineer promptly that proportion of the prescribed
charges which the services actually performed under this agreement bear to the
total services called for under this agreement, less such payments on account
as have been previously made. Copies of all completed or partially completed
designs, plans and specifications prepared under this agreement shall be delivered
to the Owner when and if this agreement is terminated, but subject to the restric-
tions, as to their use as.,set forth in Section VII above.
This agreement may be terminated by either party upon 7 days written
notice to the other patty should the bond issue necessary to finance the project
not be voted on favorably by the electorate of the City of Lubbock, Texas within
one year from the date hereof.
- 14 -
SECTION X - INSURANCE
The Engineer shall secure and maintain such insurance as will protect
him from claims under the Workmen's Compensation Acts and from claims for
bodily injury, death, or property damage which may arise from the performance
of his services under this agreement.
SECTION XI - CONSULTANT
The Engineer agrees to employ and pay for the services of a consulting
engineering firm with expertise and specialized knowledge in the planning, de
signing and construction of major airport facilities. The consulting engineering'
firm so retained shall be approved by the Owner prior to employment by the
Engineer.
SECTION XII - SUCCESSOR AND ASSIGNMENTS
The Owner and the Engineer each binds himself and his partners,
successors, executors, administrators and assigns to the other party of this
agreement and to the partners, successors, executors, administrators and assigns
of such other party, in respect to all covenants of this agreement; except as
above, neither the Owner nor the Engineer shall assign, sublet or transfer his
interest in this agreement without the written consent of the other. Nothing
herein shall be construed as creating any personal liability on the part of
any officer or agent of any public body which may be a party hereto.
i
- 15 -
`Y
IN TESTIMONY OF WHICH this instrument has been executed on behalf of
the above named Engineer by an officer of the corporation, and has been executed
on behalf of the Owner, in two (2) counterparts each of equal force, on the day
and year first above written.
Owner: 1
ATTES
'-CCU
City Secretary
APPROVED AS TO FORM:
0/0- cf --r
�G 4
City Att y
Engineer PARKHILL, SMITH & COOPER, INC.
1
B
Secretary -Treasurer
- 16 -