HomeMy WebLinkAboutResolution - 5518 - Agreement-Parkhill, Smith, & Cooper Inc-Engineering Services, LIA Improvements - 06_12_1997Resolution No. 5518
Item #46
June 12, 1997
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 by and between the City of
Lubbock and Parkhill, Smith & Cooper, Inc. for Professional Engineering Services in connection
with the construction of improvements at the Lubbock International Airport, attached hereto,
which 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 herein in detail.
Passed by the City Council this 12th day of June , 1997.
WINDY SIT ON, MAYOR
ATTEST:
/"PL' L&&
kaytj Darnell, City Secretary
APPROVED AS TO CONTENT:
Mark N. Earle, Aviation Mana r
APPROVED AS TO FORM:
'A /A, e. 0, W ) I ;_to �
arold Willard, Assistant City Attorney
da/ccdocs/PSGLIA.res
June 3, 1997
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Resolution No.5518
Item #46
June 12, 1997 1
AGREEMENT
1
'•' Ktll OHM & COOPER, INC.
1'
PROFESSIONAL SE' M
THIS IS AN AGREEMENT effective as of ('Effective Date') between
The City of Lubbock. Texas
('OWNER') and
Parkhill. Smith & Cooper. Inc. �.tw�t
("ENGINEER').
OWNER intends to construct certain improvements at Lubbock International Airport. more fully described as
follows:
- Reconfigure and Overlay Public Parking Lot
- Extension of WestPort Access Road
- Terminal Drive and Canopy Improvements
- Cargo A= and Taxiway Eapansion
OWNER and ENGINEER in consideration of their mutual covenants as set forth herein agree as follows:
Agreement for Professional Services
Page 1 of 13
("Project").
r
TABLE OF CONTENTS
ARTICLE I - SERVICES OF ENGINEER ....................................... 3
1.01 Scope .................................................... 3
ARTICLE 2 - OWNER'S RESPONSIBILITIES ................................... 3
2.01 General ................................................... 3
ARTICLE 3 - TIMES FOR RENDERING SERVICES ............................... 4
3.01
General ................................................... 4
3.02
Suspension ................................................. 4
ARTICLE 4 -
PAYMENTS TO ENGINEER ..................................... 4
4.01
Methods of Payment for Services and Reimbursable Expenses of ENGINEER ..... 4
4.02
Other Provisions Concerning Payments .............................. 5
ARTICLE 5 -
OPINIONS OF COST .......................................... 5
5.01
Opinions of Probable Construction Cost .............................. 5
ARTICLE 6 -
GENERAL CONSIDERATIONS ................................... 5
6.01
Standards of Performance ....................................... 5
6.02
Authorized Project Representatives ................................. 6
6.03
Design without Construction Phase Services ........................... 6
6.04
Use of Documents ............................................ 6
6.05
Insurance .................................................. 7
6.06
Termination ................................................ 7
6.07
Controlling Law ............................................. 7
6.08
Successors, Assigns, and Beneficiaries ............................... 7
6.09
Dispute Resolution ............................................ 8
6.10
Hazardous Environmental Condition ................................ 8
6.11
Allocation of Risks ............................................ 8
6.12
Notices ................................................... 8
6.13
Survival ................................................... 8
6.14
Severability ................................................ 8
6.15
Waiver ................................................... 9
6.16
Headings .................................................. 9
ARTICLE 7-DEFINITIONS
............................................... 9
7.01
Defined.Terms.............................................. 9
ARTICLE 8 - EXHIBITS AND SPECIAL PROVISIONS ............................. 12
8.01 Exhibits Included .............................................. 12
8.02 Total Agreement .............................................. 12
Agreement for Professional Services
Page 2 of 13
ARTICLE 1- SERVICES OF ENGINEER
1.01 Scope
A. ENGINEER shall provide the Basic and
Additional Services set forth herein and in Exhibit A.
B. Upon this Agreement becoming effective,
ENGINEER is authorized to begin Basic Services as set
forth in Exhibit A - Part 1.
C. If authorized by OWNER, ENGINEER shall
furnish Resident Project Representative(s) with duties,
responsibilities and limitations of authority as set forth in
Exhibit C.
ARTICLE 2 - OWNER'S RESPONSIBILITIES
2.01 General
A. OWNER shall have the responsibilities set forth
herein.
B. Provide ENGINEER with all criteria and full
information as to OWNER's requirements for the Project,
including, design objectives and constraints, space,
capacity and performance requirements, flexibility, and
expandability, and any, budgetary limitations; and furnish
copies of all design and construction standards which
OWNER will require to be included in the Drawings and
Specifications; and finish copies of OWNER's standard
forms, conditions, and related documents for ENGINEER
to include in the Bidding Documents, when applicable.
C. Furnish to ENGINEER any other available
information pertinent to the Project including reports and
data relative to previous designs, or investigation at or
adjacent to the Site.
D. Following ENGINEER's assessment of initially -
available Project information and data and upon
ENGMEER's request, furnish or otherwise make
available such additional Project related information and
data as is reasonably required to enable ENGINEER to
complete its Basic and Additional Services. Such
additional information or data would generally include the
following:
1. Property descriptions.
2. Zoning, deed, and other land use
restrictions.
3. Property, boundary, easement, right-of-way,
and other special surveys or data, including
establishing relevant reference points.
4. Explorations and tests of subsurface
conditions at or contiguous to the Site, drawings of
physical conditions in or relating to existing surface or
subsurface structures at or contiguous to the Site, or
hydrographic surveys, with appropriate professional
interpretation thereof.
5. Environmental assessments, audits,
investigations and impact statements, and other
relevant environmental or cultural studies as to the
Project, the Site, and adjacent areas.
6. Data or consultations as required for the
Project but not otherwise identified in the Agreement
or the Exhibits thereto.
D. Give prompt written notice to ENGINEER
whenever OWNER observes or otherwise becomes aware
of a Hazardous Environmental Condition or of any other
development that affects the scope or time of performance
of ENGINEER's services., or any defect or
nonconformance in ENGINEER's services or in the work
of any Contractor.
E. Authorize ENGINEER to provide Additional
Services as set forth in Exhibit A - Part 2 of the
Agreement as required.
F. Arrange for safe access to and make all
provisions for ENGINEER to enter upon public and
private property, as required for ENGINEER to perform
services under the Agreement.
G. Examine all alternate solutions, studies, reports,
sketches, Drawings, Specifications, proposals. and other
domnents presented by ENGINEER (including obtaining
advice of an attorney, insurance counselor, and other
advisors or consultants as OWNER deems appropriate
with respect to such examination) and render in writing
timely, decisions pertaining thereto.
H. Provide reviews, approvals, and permits from all
governmental authorities having jurisdiction to approve all
phases of the Project designed or specified by
ENGINEER and such reviews, approvals, and consents
Agreement for Professional Services
Page 3 of 13
from others as may, be necessary for completion of each
phase of the Project.
I. Provide, as required for the Project:
1. Accounting, bond and financial advisory,
independent cost estimating, and insurance counseling
services.
2. Legal services with regard to issues
pertaining to the Project as OWNER requires,
Contractor raises, or ENGINEER reasonably requests.
3. Such auditing services as OWNER requires
to ascertain how or for what purpose Contractor has
used the moneys paid.
4. Placement and payment for advertisement
for Bids in appropriate publications.
J. Advise ENGINEER of the identity and scope of
services of any independent consultants employed by
OWNER to perform or furnish services in regard to the
Project, including, but not limited to, cost estimating,
project peer review, value engineering, and
constructibility review.
K. If OWNER designates a construction manager or
an individual or entity other than, or in addition to,
ENGINEER to represent OWNER at the Site, define the
duties, responsibilities, and limitations of authority of such
other party and the relation thereof to the duties,
responsibilities, and authority of ENGINEER.
L. Attend the pie -bid conference, bid opening, pre -
construction conferences, construction progress and other
job related meetings, and Substantial Completion and final
payment inspections-
M. Provide the services of an independent testing
laboratory to perform all inspections, tests, and approvals
of Samples, materials, and equipment required by the
Contract Documents, or to evaluate the performance of
materials, equipment, and facilities of OWNER, prior to
their incorporation into the Work with appropriate
professional interpretation thereof unless authorized as
Additional Services under Exhibit A - Part 2.
ARTICLE 3-TIIVIF,S FOR RENDERING SERVICES
3.01 General
A. ENGINEER's services and compensation under
this Agreement have been agreed to in anticipation of the
orderly and continuous progress of the Project through
completion. Unless specific periods of time or specific
dates for providing services are specified in this
Agreement, ENGINEER's obligation to render services
hereunder will be for a period which may reasonably be
required for the completion of said services.
B. If in this Agreement specific periods of time for
rendering services are set forth or specific dates by which
services are to be completed are provided, and if such
periods of time or dates are changed through no fault of
ENGINEER, the rates and amounts of compensation
provided for herein shall be subject to equitable
adjustment. If OWNER has requested changes in this
scope, extent, or character of the Project, the time of
performance of ENGINEER's services shall be adjusted
equitably.
C. For purposes of this Agreement the term 'day'
means a calendar day of 24 hours.
3.02 Suspension
A. If OWNER fails to give prompt written
authorization to proceed with any phase of services after
completion of the immediately preceding phase, or if
ENGINEER's services are delayed through no fault of
ENGINEER, ENGINEER may be entitled to equitable
adjustment of rates and amounts of compensation provided
for elsewhere in this Agreement to reflect, reasonable
costs incurred by ENGINEER in connection with, among
other things, such delay or suspension and reactivation
and the fact that the time for performance under this
Agreement has been revised.
ARTICLE 4 - PAYMENTS TO ENGINEER
4.01 Methods of Payment for Basic Services and
Additional Services of ENGINEER
A. For Basic Services. OWNER shall pay
ENGINEER for Basic Services performed or furnished
under Exhibit A - Part 1, as set forth in Exhibit B.
Agreement for Professional Services
Page 4 of 13
B. For Additional Services. OWNER shall pay
ENGINEER for Additional Services performed or
furnished under Exhibit A - Part 2, as set forth in Exhibit
B.
4.02 Other Provisions Concerning Payments
A. Preparation of Invoices. Invoices will be
prepared in accordance with ENGINEER's standard
invoicing practices and will be submitted to OWNER by
ENGINEER, unless otherwise agreed. The amount billed
in each invoioe will be calculated as set forth in Exhibit B.
B. Payment of Invoices. Invoices are due and
payable within 30 days of receipt. If OWNER fails to
make any payment due ENGINEER for services and
expenses within 30 days after receipt of ENGINEER's
invoice therefor, the amounts due ENGINEER will be
increased at the rate of 1.0% per month (or the maximum
rate of interest permitted by law, if less) from said
thirtieth day.
C. Payments Upon Termination. In the event of any
termination, ENGINEER will be entitled to invoice
OWNER and will be paid in accordance with Exhibit B
for all services performed or furnished and all expenses
incurred through the effective date of termination.
D. Records of ENGINEER's Costs. Records of
ENGINEER's costs pertinent to ENGINEER's
compensation under this Agreement shall be kept in
accordance with generally accepted accounting practices.
To the extent necessary to verify ENGINEER's charges
and upon OWNER's timely request, copies of such
records will be made available to OWNER.
E. Legislative Actions. In the event of legislative
actions after the Effective Date of the Agreement by any
level of government that impose taxes, fees, or costs on
ENGINEER's services or other costs in connection with
this Project or compensation therefor, such new taxes,
fees, or costs shall be invoiced to and paid by OWNER as
a Reimbursable Expense to which a Factor of 1.0 shall be
applied. Should such taxes, fees, or costs be imposed,
they shall be in addition to ENGINEER's estimated total
compensation.
ARTICLE 5 - OPINIONS OF COST
5.01 Opinions of Probable Construction Cost
A. ENGINEER's opinions of probable Construction
Cost provided for herein are to be made on the basis of
ENGINEER's experience and qualifications and represent
ENGINEER's best judgment as an experienced and
qualified professional generally familiar with the industry.
However, since ENGINEER has no control over the cost
of labor, materials, equipment, or services furnished by
others, or over the Contractor's methods of determining
prices, or over competitive bidding or market conditions,
ENGINEER cannot and does not guarantee that proposals,
bids, or actual Construction Cost will not vary from
opinions of probable Construction Cost prepared by
ENGINEER.
ARTICLE 6 - GENERAL CONSIDERATIONS
6.01 Standards of Performance
A. The standard of care for all professional
engineering and related services performed or furnished
by ENGINEER under this Agreement will be the care and
skill ordinarily used by members of ENGINEER's
profession practicing under similar circumstances at the
same time and in the same locality. ENGINEER makes
no warranties, express or implied, under this Agreement
or otherwise, in connection with ENGMEER's services.
B. ENGINEER shall be responsible for the
technical accuracy of its services and documents resulting
therefrom, and OWNER shall not be.
responsible for discovering deficiencies therein.
ENGINEER shall correct such deficiencies without
additional compensation except to the extent such action
is directly attributable to deficiencies in OWNER.
furnished information.
C. ENGINEER shall perform or furnish
professional Wiring and related services in all phases
of the Project to which this Agreement applies.
ENGINEER shall serve as OWNER's prime professional
for the Project. ENGINEER may employ such
ENGINEER's Consultants as ENGINEER deems
necessary to assist in the performance or furnishing of the
services. ENGINEER shall not be required to employ
any ENGINEER's Consultant unacceptable to
ENGINEER.
Agreement for Professional Services
Page 5 of 13
D. ENGINEER and OWNER shall comply with
applicable Laws or Regulations and OWNER -mandated
standards. This Agreement is based on these
requirements as of its Effective Date. Changes to these
requirements after the Effective Date of this Agreement
may be the basis for modifications to OWNER's
responsibilities or to ENGINEER's scope of services,
times of performance, or compensation.
E. OWNER shall be responsible for, and
ENGINEER may rely upon, the accuracy and
completeness of all requirements, programs, instructions,
reports, data, and other information furnished by OWNER
to ENGINEER pursuant to this Agreement. ENGINEER
may use such requirements, reports, data, and information
in performing or furnishing services under this
Agreement.
F. OwNER shall make decisions and carry out its
other responsibilities in a timely manner and shall bear all
costs incident thereto so as not to delay the services of
ENGINEER.
G. ENGINEER shall not be required to sign any
documents, no matter by whom requested, that would
result in the ENGINEER's having to certify, guarantee or
warrant the existence of conditions whose existence the
ENGINEER cannot ascertain. OWNER agrees not to
make resolution of any dispute with the ENGINEER in
any way contingent upon the ENGINEER's signing any
such certification.
H. During the Construction Phase, ENGINEER
shall not supervise, direct, or have control over
Contractor's work, nor shall ENGINEER have authority
over or responsibility for the means, methods, techniques,
sequences, or procedures of construction selected by
Contractor, for safety precautions and programs incident
to the Contractor's work in progress, nor for any failure
of Contractor to comply with Laws and Regulations
applicable to Contractor's furnishing and performing the
work.
I. ENGINEER neither guarantees the performance
of any Contractor nor assumes responsibility for any
Contractor's failure to furnish and perform the Work in
accordance with the Contract Documents.
J. ENGINEER shall not be responsible for the acts
or omissions of any Contractor(s), subcontractor or
supplier, or of any of the Contractor's agents or
employees or any other persons (except ENGINEER's
own employees) at the Site or otherwise furnishing or
performing any of the Contractor's work; or for any
decision made on interpretations or clarifications of the
Contract Documents given by OWNER without
consultation and advice of ENGINEER.
K. The General Conditions for any construction
contract documents prepared hereunder are to be the
"Standard General Conditions of the Construction
Contract" as prepared by the Engineers Joint Contract
Documents Committee (Document No. 1910-8, 1996
Edition) unless both parties mutually agree to use other
General Conditions.
6.02 Authorized Project Representatives
A. ENGINEER and OWNER shall designate
specific individuals to act as ENGINEER's and
OWNER's representatives with respect to the services to
be performed or furnished by ENGINEER and
responsibilities of OWNER under this Agreement. Such
individuals shall have authority to transmit instructions,
receive information, and render decisions relative to the
Project on behalf of each respective party.
6.03 Design without Construction Phase Services
A. Should OWNER provide Construction Phase
services with either OWNER's representatives or a third
party, ENGINEER's Basic Services under this Agreement
will be considered to be completed upon completion of the
Final Design Phase or Bidding or Negotiating Phase as
outlined in Exhibit A - Part 1.
B. h is understood and agreed that if ENGINEER's
Basic Services under this Agreement do not include
Project observation, or review of the Contractor's
performance, or any other Construction Phase services,
and that such services will be proviERR, then
OWNER assumes all responsibility for interpretation of
the Contract Documents and for construction observation
or review and waives any claims against the ENGINEER
that may be in any way connected thereto.
6.04 Use of Documents
A. All Documents are instruments of service in
respect to this Project, and ENGINEER shall retain an
ownership and property interest therein (including the
right of reuse at the discretion of the ENGINEER)
whether or not the Project is completed.
Agreement for Professional Services
Page 6 of 13
B. Copies of OWNER -furnished data that may be
relied upon by ENGINEER are limited to the printed
copies (also known as hard copies) that are delivered to
the ENGINEER. Files in electronic media format of text,
data, graphics, or of other types that are furnished by
OWNER to ENGINEER are only for convenience of
ENGINEER. Any conclusion or information obtained or
derived from such electronic files will be at the user's sole
risk.
C. Copies of Dots that may be relied upon by
OWNER are limited to the printed copies (also known as
hard copies) that are signed or sealed by the ENGINEER.
Files in electronic media format of text, data, graphics, or
of other types that are furnished by ENGINEER to
OWNER are only for convenience of OWNER. Any
conclusion or information obtained or derived from such
electronic files will be at the user's sole risk.
D. Because data stored in electronic media format
can deteriorate or be modified inadvertently or otherwise
without authorization of the data's creator, the party
receiving electronic files agrees that it will perform
acceptance tests or procedures within 60 days, after which
the receiving party shall be deemed to have accepted the
data thus transferred. Any errors detected within the 60-
day acceptance period will be corrected by the party
delivering the electronic files. ENGINEER shall not be
responsible to maintain documents stored is electronic
media format after acceptance by OWNER.
E. When transferring documents in electronic media
format, ENGINEER makes no representations as to long
term compatibility, usability, or readability of documents
resulting from the use of software application packages,
operating systems, or computer hardware differing from
those used by ENGINEER at the beginning of this
Project.
F. OWNER may make and retain copies of
Documents for information and reference in connection
with use on the Project by OWNER. Such Documents
are not intended or represented to be suitable for reuse by
OWNER or others on extensions of the Project or on any
other project. Any such reuse or modification without
written verification or adaptation by ENGINEER, as
appropriate for the specific purpose intended, will be at
OWNER's sole risk and without liability or legal exposure
to ENGINEER or to ENGINEER's Consultants.
G. If there is a discrepancy between the electronic
files and the hard copies, the hard copies govern.
H. Any verification or adaptation of the Documents
for extensions of the Project er for any other project will
entitle ENGINEER to further compensation at rates to be
agreed upon by OWNER and ENGINEER.
6.05 Insurance
A. ENGINEER shall procure and maintain the
following insurance with minimum limits fisted:
Worker's Compensation - statutory, General Liability -
$2,000,000.00, Professional liability - $1,000,000.00.
B. At OWNER's request ENGINEER shall deliver
certificates of insurance evidencing the coverage. Such
certificates shall be furnished prior to commencement of
ENGINEER's services and at renewals thereafter during
the life of this agreement.
C. OWNER shall require Contractor to purchase
and maintain general liability and other insurance as
specified in the Contract Documents and to cause
ENGINEER and ENGINEER'S Consultants to be listed
as additional insureds with respect to such liability and
other insurance purchased and maintained by Contractor
for the Project.
6.06 Termination
A. The obligation to provide further services under
this Agreement may be terminated:
For cause, by either party upon 30 days written
notice in the event of substantial failure by the other
party to perform in accordance with the terms hereof
through no fault of the terminating party.
For convenience, by OWNER effective upon the
receipt of notice by ENGINEER.
6.07 Controlling Law
A. This Agreement is to be governed by the law of
the state in which the Project is located.
6.08 Successors, Assigns, and Beneficiaries
A. Neither OWNER nor ENGINEER may assign,
sublet, or transfer any rights under or interest (including,
but without limitation, moneys that are due or may
become due) in this Agreement without the written
consent of the other, except to the extent that any
Agreement for Professional Services
Page 7 of 13
assignment, subletting, or transfer is mandated or
restricted by law.
6.09 Dispute Resolution
A. OWNER and ENGINEER agree to negotiate all
disputes between them in good faith for a minimum of 30
days from the date of notice prior to exercising any other
rights under law.
6.10 Hazardous Environmental Condition
A. OWNER represents to Engineer that to the best
of its knowledge a Hazardous Environmental Condition
does not exist.
B. OWNER has disclosed to the best of its
knowledge to ENGINEER the existence of all Asbestos,
PCB's, Petroleum, Hazardous Waste, or Radioactive
Material located at or near the Site, including type,
quantity and location.
C. If a Hazardous Environmental Condition is
encountered or alleged, ENGINEER shall have the
obligation to notify OWNER and, to the extent of
applicable Laws and Regulations, appropriate
governmental officials.
D. It is acknowledged by both parties that
ENGINEER's scope of services does not include any
services related to a Hazardous Environmental Condition.
In the event ENGINEER or any other party encounters a
Hazardous Environmental Condition, ENGINEER may,
at its option and without liability for consequential or any
other damages, suspend performance of services on the
portion of the Project affected thereby until OWNER: (1)
retains appropriate specialist consultant(s) or contractor(s)
to identify and, as appropriate, abate, remediate, or
remove the Hazardous Environmental Condition; and
(u)warrants that the Site is in full compliance with
applicable Laws and Regulations.
6.11 Allocation of Risks
A. To the fullest extent permitted by law,
ENGINEER shall indemnify and hold harmless OWNER,
OWNER's officers, directors, partners, and employees
from and against any and all costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals,
and all court or arbitration or other dispute resolution
costs) caused solely by the negligent acts or omissions of
ENGINEER or ENGINEER's officers, directors,
partners, employees, and ENGINEER's Consultants in the
performance and furnishing of ENGINEER's services
under this Agreement.
B. To the fullest extent permitted by law, OWNER
shall indemnify and hold harmless ENGINEER,
ENGINEER's officers, directors, partners, employees,
and ENGINEER's Consultants from and against any and
all costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys,
and other professionals, and all court or arbitration or
other dispute resolution costs) caused solely by the
negligent acts or omissions of OWNER or OWNER's
officers, directors, partners, employees, and OWNER's
consultants with respect to this Agreement or the Project.
C. To the fullest extent permitted by law,
ENGINEER's total liability to OWNER and anyone
claiming by, through, or under OWNER for any cost,
loss, or damages caused in part by the negligence of
ENGINEER and in part by the negligence of ENGINEER
and in part by the negligence of OWNER or any other
negligent entity or individual, shall not exceed the
percentage share that ENGINEER's negligence bears to
the total negligence of OWNER, ENGINEER, and all
other negligent entities and individuals.
6.12 Notices
A. Any notice required under this Agreement will
be in writing, addressed to the appropriate party at its
address on the signature page and given personally, or by
registered or certified mail postage prepaid, or by a
commercial crier service. All notices shall be effective
upon the date of receipt.
6.13 Survival
A. All express representations included in this
Agreement will survive its completion or termination for
any reason.
6.14 Severability
A. Any provision or part of the Agreement held to
be void or unenforceable under any Laws or Regulations
shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon OWNER and
ENGINEER, who agree that the Agreement shall be
reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close
Agreement for Professional Services
Page 9 of 13
as possible to expressing the intention of the stricken
provision.
6.15 waiver
A. Non -enforcement of any provision by either
party shall not constitute a waiver of that provision, nor
shall it affect the enforceability of that provision or of the
remainder of this Agreement.
616 Headings
A. The headings used in this Agreement are for
general reference only and do not have special
significance.
ARTICLE 7 - DEFIIVITIONS
7.01 Defined Terms
A. Wherever used in this Agreement (including the
Exhibits hereto) and printed with initial or all capital
letters, the terms listed below have the meanings
indicated, which are applicable to both the singular and
Plural thereof:
1. Addenda —Written or graphic instruments
issued prior to the opening of Bids which clarify,
correct, or change the Bidding Documents.
2. Additional Services —The services to be
performed for or furnished to OWNER by
ENGINEER in accordance with Exhibit A - Part 2 of
this Agreement.
3. Agreement --This 'Standard Form of
Agreement between OWNER and ENGINEER for
Professional Services', including those Exhibits listed
in Article 8 hereof.
4. Application for Payment —The form
acceptable to ENGINEER which is to be used by
Contractor in requesting progress or final payments
for the completion of its Work and which is to be
accompanied by such supporting documentation as is
required by the Contract Documents.
S. Asbestos —Any material that contains more
than one percent of asbestos and is friable or is
releasing asbestos fibers into the air above current
action levels established by the United States
Occupational Safety and Health Administration.
6. Basic Services —The services to be
performed for or furnished to OWNER by
ENGINEER in accordance with Exhibit A - Part 1, of
this Agreement.
7. Bid —The offer or proposal of the bidder
submitted on the prescribed form setting forth the
prices for the Work to be performed.
8. Bidding Documents —The advertisement or
invitation to Bid, instructions to bidders, the Bid form
and attachments, the Bid bond, if any, the proposed
Contract Documents, and all Addenda, if any.
9. Change Order —A document recommended
by ENGINEER, which is signed by Contractor and
OWNER to authorize an addition, deletion or revision
in the Work, or an adjustment in the Contract Price or
the Contract Times, issued on or after the Effective
Date of the Construction Agreement.
10. Construction Agreement —The written
instrument which is evidence of the agreement,
contained in the Contract Documents, between
OWNER and Contractor concerning the Work.
11. Construction Contract —The entire and
integrated written agreement between the OWNER
and Contractor concerning the Work.
12. C.o wwxtion Cart —The cost to OWNER of
those portions of the entire Project designed or
specified by ENGINEER. Construction Cost does not
include costs of services of ENGINEER or other
design professionals and consultants, cost of land,
rights -of -way, or compensation for damages to
properties, or OWNER's costs for legal, accounting,
insurance counseling or auditing services, or interest
and financing charges incurred in connection with the
Project, or the cost of other services to be provided by
others to OWNER. Construction Cost is one of the
items comprising Total Project Costs.
13. Contract Documents —Documents that
establish the rights and obligations of the parties
engaged in constriction and include the Construction
Agreement between OWNER and Contractor,
Addenda (which pertain to the Contract Documents),
Contractor's Bid (including documentation
Agreement for Professional Services
Page 9 of 13
accompanying the Bid and any post -Bid documentation
submitted prior to the notice of award) when attached
as an exhibit to the Construction Agreement, the
notice to proceed, the bonds, appropriate
certifications, the General Conditions, the
Supplementary Conditions, the Specifications and the
Drawings as the same are more specifically identified
in the Construction Agreement, together with all
Written Amendment, Change Orders, Work Change
Directives, Field Orders, and ENGINEER's written
interpretations and clarifications issued on or after the
Effective Date of the Construction Agreement.
Approved Shop Drawings and the reports and
drawings of subsurface and physical conditions are not
Contract Documents.
14. Contract Price —The moneys payable by
OWNER to Contractor for completion of the Work in
accordance with the Contract Documents and as stated
in the Construction Agreement.
15. Cazstnuxion Contract Tunes The numbers
of days or the dates stated in the Construction
Agreement to:
(I) achieve Substantial Completion, and (n) complete
the Work so that it is ready for final payment as
evidenced by ENGMEER's written recommendation
of final payment.
16. Contractor —An individual or entity with
whom OWNER enters into a Construction Agreement.
17. Correction Period —The time after
Substantial Completion during which Contractor must
correct, at no cost to OWNER, any Defective Work,
normally one year after the date of Substantial
Completion or such longer period of time as may be
prescribed by Laws or Regulations or by the terms of
any applicable special guarantee or specific provision
of the Contract Documents.
19. Defective —An adjective which, when
modifying the word Work, refers to Work that is
unsatisfactory, faulty, or deficient, in that it does not
conform to the Contract Documents, or does not meet
the requirements of any inspection, reference standard,
test, or approval referred to in the Contract
Documents, or has been damaged prior to
ENGINEER's recommendation of final payment.
19. Direct Erpenses—The expenses incurred
directly by ENGINEER in connection with the
performing of Basic Services for the Project for which
OWNER shall pay ENGINEER as indicated in Exhibit
B, to include but not limited to fax, reproduction,
travel, telephone, meals and lodging, CAD charges,
field supplies, models, renderings, photos, and
postage.
20. Documents —Data, reports, Drawings,
Specifications, Record Drawings, and other
deliverables, whether in printed or electronic media
format, provided or f unishod in appropriate phases by
ENGINEER to OWNER pursuant to this Agreement.
21. Drawings —That past of the Contract
Documents prepared or approved by ENGINEER
which graphically shows the scope, extent, and
character of the Work to be performed by Contractor.
Shop Drawings are not Drawings as so defined.
22. Effective Date of the Construction
Agreement —The date indicated in the Construction
Agreement on which it becomes effective, but if no
such date is indicated, it means the date on which the
Construction Agreement is signed and delivered by the
last of the two parties to sign and deliver.
23. Effective Date of the Agreement —The date
indicated in this Agreement on which it becomes
effective, but if no such date is indicated, it means the
date on which the Agreement is signed and delivered
by the last of the two parties to sign and deliver.
24. ENGINEER's Consultmuts—Individuals or
entities having a contract arith ENGINEER to furnish
services with respect to this Project as ENGINEER's
independent professional associates, consultants,
subcontractors, or vendors. The term ENGINEER
includes ENGINEER's Consultants.
25. Field Order —A written order issued by
ENGINEER which directs minor changes in the Work
but which does not involve a change in the Contract
Price or the Contract Times.
26. General Conditions —That part of the
Contract Documents which sets forth terms,
conditions, and procedures that govern the Work to be
performed or furnished by Contractor with respect to
the Project.
Agreement for Professional Services
Page 10 of 13
27. Hazardous Environmental Condition —The
presence at the Site of Asbestos, PCB's, Petroleum,
Hazardous Waste, or Radioactive Materials in such
quantities or circumstances that may present a
substantial danger to persons or property exposed
thereto in connection with the Work.
28. Hazardous Waste —The term Hazardous
Waste shall have the meaning provided in Section
1004 of the Solid Waste Disposal Act (42 USC
Section 6903) as amended from time to time.
29. lam and Regulatiow, Laws or Regulations-
-Any and all applicable laws, rules, regulations,
ordinances, codes, standards, and orders of any and
all governmental bodies, agencies, authorities, and
courts having jurisdiction.
30. PCBs —Polychlorinated biphenyls.
31. Petroleum —Petroleum, including crude oil
or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees
Fahrenheit and 14.7 pounds per square inch absohite),
such as oil, petroleum, fuel oil, oil sludge, oil refuse,
gasoline, kerosene, and oil mixed with other non -
Hazardous Waste and crude oils.
32. Radioactive Materials —Source, special
nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954 (42 USC Section 2011 et
seq.) as amended from time to time.
33. Record Drawings —The Drawings as issued
for construction on which the ENGINEER, upon
completion of the Work, has shown changes due to
Addenda or Change Orders and other information
which ENGINEER considers significant based on
record documents furnished by Contractor to
ENGINEER and which were annotated by Contractor
to show changes made during construction.
34. Reimbursable Expenses —The expenses
incurred directly by ENGINEER in connection with
the performing of Additional Services for the Project
for which OWNER shall pay ENGINEER as indicated
in Exhibit B, to include but not limited to fax,
reproduction, travel, telephone, meals and lodging,
CAD charges, field supplies, models, renderings,
photos, and postage.
35. Resident Project Representative —The
authorized representative of ENGINEER, if any,
assigned to assist ENGINEER at the Site during the
Construction Phase. The Resident Project
Representative will be ENGINEER's agent or
employee and under ENGINEER's supervision. As
used herein, the term Resident Project Representative
includes any assistants of Resident Project
Representative agreed to by OWNER. The duties and
responsibilities of the Resident Project Representative
are as set forth in Exhibit C.
36. Smtrples—Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged.
37. Shop Drawings —All drawings, diagrams,
illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for
Contractor and submitted by Contractor to
ENGINEER to illustrate some portion of the Work.
38. Site —Lords or areas indicated in the
Contract Documents as being furnished by OWNER
upon which the Work is to be performed, rights -of -
way and easements for access thereto, and such other
lands furnished by OWNER which are designated for
use of Contractor.
39. Spec&atimu—That part of the Contract
Documents consisting of written technical descriptions
of materials, equipment, systems, standards, and
workmanship as applied to the Work and certain
administrative details applicable thereto.
40. Substantial Campletion The time at which
the Work (or a specified part thereof) has progressed
to the point where, in the opinion of ENGINEER, the
Work (or a specified part thereof) can be utilized for
the purposes for which itis intended. The terms
"substantially complete" and "substantially completed"
as applied to all or part of the Work refer to
Substantial Completion thereof.
41. Supplementary Conditions —That part of the
Contract Documents which amends or supplements the
General Conditions.
Agreement for Professional Services
Page 11 of 13
42. Work --The entire completed construction or
the various separately identifiable parts thereof
required to be provided under the Contract Documents
with respell to this Project. Work includes and is the
result of performing or furnishing labor, services, and
doamrentation necessary to produce such construction
and furnishing, installing, and incorporating all
materials and all equipment into such construction, all
as required by the Contract Documents.
43. Work C7=ge Directive —A written directive
to Contractor issued on or after the Effective Date of
the Construction Agreement and signed by OWNER
upon recommendation of the ENGINEER, ordering an
addition, deletion, or revision in the Work, or
responding to differing or unforeseen subsurface or
physical conditions under which the Work is to be
performed or to emergencies. A Work Change
Directive will not change the Contract Price or the
Contract Times but is evidence that the parties expect
that the change directed or documented by a Work
Change Directive will be incorporated in a
subsequently issued Change Order following
negotiations by the parties as to its effect, if any, on
the Contract Price or Contract Times.
44. Written Amendment=A written amendment
of the Contract Documents signed by OWNER and
Contractor on or after the Effective Date of the
Construction Agreement and normally dealing with the
non -engineering or non -technical rather than strictly
construction -related aspects of the Contract
Documents.
ARTICLE 8-EXHIBITS AND SPECIAL
PROVISIONS
8.01 Exhibits Included
A. Exhibit A, 'ENGINEER's Services", consisting
of 9 pages.
B. Exhibit B, "Payments to Engineer", consisting of
—�L pages.
C. Exhibit C, "Duties, Responsibilities and
Limitations of Authority of Resident Project
Representative", consisting of _4 pages.
D. Exhibit D, 'Notice of Acceptability of work",
consisting of —2— pages.
8.02 Total Agreement
A. This Agreement (consisting of pages 1 to —11
inclusive, together with the Exhibits identified above)
constitutes the entire agreement between OWNER and
ENGINEER and supersedes all prior written or oral
understandings. This Agreement may only be amended,
supplemented, modified, or canceled by a duly executed
written instrument.
Agreement for Professional Services
Page 12 of 13
.t
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate, the Effective Date of which is
indicated on page 1.
OWNER: CITY OF LUBBOCK, TEXAS
APPROVED AS TO CONTENT:
Mark N. Earle
Director of Aviation
APPROVED AS TO FORM:
RHair d Willard
Assistant City Attorney
Address for giving notices:
Lubbock International Airport
Route 3. Box 389
Lubbock. Texas 794017
IN DUPLICATE
ENGINEER: PAR1l.L, SMTIH & COOPER, INC.
By: C. Cl a on Yeager. P.E.
Title: Rresident
Date Signed: 5 Z - 9 7
Address for giving notices:
Pam ill. Smith & Coo=r. Inc.
4010 Avenue R
Lubbock. Texas 79412
_A=: C. Cla on Yeager. P.E.
Agreement for Professional Services
Page 13 of 13
EXHIBIT A
ENGINEER'S SERVICES
Article 1 of the Agreement is amended and supplemented to include the following agreement of the parties. ENGINEER
shall provide Basic and authorized Additional Services as set forth below.
EX lBTT A - PART 1 — BASIC SERVICES
A1.01 Study and Report Phase
A. ENGINEER shall:
1. Consult with OWNER to define and clarify OWNER's requirements for the Project and available data.
2. Advise OWNER as to the necessity of OWNER's providing data or services which are not part of
ENGINEER's Basic Services, and assist OWNER in obtaining such data and services.
3. Establish the scope, and advise the OWNER of any special investigations, field surveys or soils and
foundation investigations which, in the opinion of the ENGINEER, may be required for the proper execution of
the Study and Report Phase; and arrange with the OWNER for the conduct of such investigations and tests. The
performance of these investigations and tests is not a part of the ENGINEER's Basic Services, and compensation
therefore is not included in the Basic Fee; the investigations and tests may be performed by the ENGINEER, by
agreement with the OWNER, in which case compensation shall be determined by the applicable portions of
Exhibit B.
4. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction to
approve the portions of the Project designed or specified by ENGINEER, including but not limited to mitigating
measures identified in the environmental assessment.
S. Identify and evaluate alternate solutions available to OWNER and, after consultation with OWNER,
recommend to OWNER those solutions which in ENGINEER's judgment meet OWNER's requirements for the
Project.
6. Prepare a report (the 'Report') which will, as appropriate, contain schematic layouts, sketches and
conceptual design criteria with appropriate exhibits to indicate the agreed -to requirements, considerations
involved, and those alternate solutions available to OWNER which ENGINEER recommends. This Report will be
accompanied by ENGINEER's opinion of Total Project Costs for each solution which is so recommended for the
Project with each component separately itemized, including the following, which will be separately itemized:
opinion of probable Construction Cost, allowances for contingencies and for the estimated total costs of design,
professional, and related services provided by ENGINEER, and other information furnished by OWNER.
7. Furnish five (5) review copies of the Report to OWNER and review it with OWNER.
S. Revise the Report in response to OWNER's and other parties' comments, as appropriate, and furnish
five (5) final copies of the revised Report to the OWNER.
B. ENGINEER's services under the Study and Report Phase will be considered complete on the date when the
final copies of the revised Report have been delivered to OWNER.
Page 1 of 9 Pages
(Exhibit A - Engineer's Services)
PART 1
A1.02 Preliminary Design Phase
A. After acceptance by OWNER of the Report, selection by OWNER of a recommended solution and indication
of any specific modifications or changes in the scope, extent, character, or design requirements of the Project desired
by OWNER, and upon written authorization from OWNER, ENGINEER shall:
1. On the basis of the above acceptance, selection, and authorization, prepare Preliminary Design Phase
documents consisting of final design criteria, preliminary drawings, outline specifications and written descriptions
of the Project.
2. Provide necessary field surveys and topographic and utility mapping for design purposes. Utility
mapping will be based upon information obtained from utility owners. The performance of field surveys is not a
part of the ENGINEER's basic services, and compensation therefore is not included in the Basic Fee; the surveys
may be performed by the ENGINEER, by agreement with the OWNER, in which case compensation shall be
determined by applicable portions of Exhibit B.
3. Establish the scope, and advise the OWNER of any additional soils or foundation investigations which,
in the opinion of the ENGINEER, may be required for the proper execution of the Project; and arrange with the
OWNER for the conduct of such investigations and tests. The performance of these investigations and tests is not
a part of the ENGINEER's Basic Services, and compensation therefore is not included in the Basic Fee; the
investigations and tests may be performed by the ENGINEER, by agreement with the OWNER, in which case
compensation shall be determined by the applicable portions of Exhibit B.
4. Advise OWNER if additional reports, data, information, or services are necessary and assist OWNER
in obtaining such reports, data, information, or services.
S. Based on the information contained in the Preliminary Design Phase documents, submit a revised
opinion of probable Construction Cost.
6. Furnish five (5) review copies of the Preliminary Design Phase documents to and review them with
OWNER.
B. ENGINEER's services under the Preliminary Design Phase will be considered complete on the date when
copies of the Preliminary Design Phase documents have been delivered to OWNER.
A 1.03 Final Design Phase
A. After acceptance by OWNER of the Preliminary Design Phase documents and revised opinion of probable
Construction Cost as determined in the Preliminary Design Phase, but subject to any OWNER -directed modifications
or changes in the scope, extent, character, or design requirements of or for the Project, and upon written
authorization from OWNER, ENGINEER shall:
1. On the basis of the above acceptance, direction, and authorization, prepare final Drawings indicating the
scope, extent, and character of the Work to be performed and furnished by Contractor. Specifications will be
prepared, where appropriate, in general conformance with the 16-division format of the Construction
Specifications Institute.
2. Provide technical criteria, written descriptions, and design data for OWNER's use in filing applications
for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design
of the Project and assist OWNER in consultations with appropriate authorities.
3. Advise OWNER of any adjustments to the opinion of probable Construction Cost.
Page 2 of 9 Pages
(Exhibit A - Engineer's Services)
PART 1
4. Prepare and furnish five (5) sets of Bidding Documents and a revised opinion of probable Construction
Cost for review and approval by OWNER, its legal counsel, and other advisors. as appropriate, and assist
OWNER in the preparation of other related documents.
B. The number of prime contracts for Work designed or specified by ENGINEER upon which the
ENGINEER's compensation has been established under this Agreement as follows:
1. Reconfigure and Overlay Public Parking Lot - two (2)
2. Extension of Westport Access Road - to be set at a later date
3. Terminal Drive and Canopy Improvements - to be set at a later date
4. Cargo Apron and Taxiway Expansion - to be set at a later date
C. ENGINEERR's services under the Final Design Phase will be considered complete on the date when the final
Bidding Documents have been delivered to OWNER.
A1.04 Bidding or Negotiating Phase
A. After acceptance by OWNER of the Bidding Documents and the most recent opinion of probable
Construction Cost as determined in the Final Design Phase, and upon written authorization by OWNER to proceed,
ENGINEER shall:
1. Furnish the number of copies of the Plans and Specifications as required by prospective bidders and
furnishers of material and equipment. All sets of plans and specifications in excess of fifty (50) are to be paid for
separately under Exhibit B as an Additional Service.
2. Assist OWNER in advertising for and obtaining bids or negotiating proposals for the Work and, where
applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pro -Bid
conferences, if any, and receive and process Contractor deposits or charges for the Bidding Documents.
3. Issue Addenda as appropriate to clarify, correct, or change the Bidding Documents.
4. Consult with OWNER as to the acceptability of subcontractors, suppliers, and other individuals and
entities proposed by Contractor for those portions of the Work as to which such acceptability is required by the
Bidding Documents.
5. Attend the Bid opening, prepare Bid tabulation sheets, and assist OWNER in evaluating Bids or
proposals and in assembling and awarding contracts for the Work.
B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction
Phase or upon cessation of negotiations with prospective Contractors.
A1.05 Construction Phase
A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from
OWNER, ENGINEER shall:
1. General Administration of Construction Contract. Consult with OWNER and act as OWNER's
representative as provided in the General Conditions.
Page 3 of 9 Pages
(ExM'bit A - Engineer's Services)
PART 1
2. Resident Project Representative (RPR). Provide the services of an RPR at the Site to assist the
ENGINEER and to provide more extensive observation of Contractor's work. Duties, responsibilities, and
authority of the RPR are as set forth in Exhibit C. The furnishing of such RPR's services will not extend
ENGINEER's responsibilities or authority beyond the specific limits set forth elsewhere in this Agreement. The
performance of the RPR is not included in the ENGINEER's basic fee and may be performed by the ENGINEER,
by agreement with the OWNER, in which case compensation shall be determined by applicable portions of Exhibit
B.
3. Selecting Independent Testing Laboratory,. Assist OWNER in the selection of an independent testing
laboratory. The performance of these investigations and tests is not included in the ENGINEER's basic fee and
may be performed by the ENGINEER, by agreement with the OWNER, in which case compensation shall be
determined by applicable portions of Exhibit B.
4. Pre-Constructwn Conference. Conduct a Pre -Construction Conference prior to commencement of
Work at the Site.
5. Baselines and Benchmarks. As appropriate, establish baselines and benchmarks for locating the Work
which in ENGINEER's judgment are necessary to enable Contractor to proceed. The performance of field
surveys is not included in the ENGINEER's basic fee and may be performed by the ENGINEER, by agreement
with the OWNER, in which case compensation shall be determined by applicable portions of Exhibit B.
6. Writs to Site and Observation of Construction, In connection with observations of Contractor's work in
progress while it is in progress:
a. Make visits to the Site at intervals appropriate to the various stages of construction, as ENGINEER
deems necessary, in order to observe as an experienced and qualified design professional the progress and
quality of the Work. Such visits and observations by ENGINEER, and the Resident Project Representative,
if any, are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress or to
involve detailed inspections of Contractor's work in progress beyond the responsibilities specifically
assigned to ENGINEER in this Agreement and the Contract Documents, but rather are to be limited to spot
checking, selective sampling, and similar methods of general observation of the Work based on
ENGINEER's exercise of professional judgment as assisted by the Resident Project Representative, if any.
Based on information obtained during such visits and such observations, ENGINEER will determine in
general if Contractor's work is proceeding in accordance with the Contract Documents, and ENGINEER
shall keep OWNER informed of the progress of the Work.
b. ENGINEER shall not, during such visits or as a result of such observations of Contractor's work in
progress, supervise, direct, or have control over Contractor's work, nor shall ENGINEER have authority
over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected
by Contractor, for safety precautions and programs incident to Contractor's work, or for any failure of
Contractor to comply with Laws and Regulations applicable to Contractor's famishing and performing the
Work. Accordingly, ENGINEER neither guarantees the performance of any Contractor nor assumes
responsibility for any Contractor's faihrre to famish and perform its work in accordance with the Contract
Documents.
7. Defective Work. Recommend to OWNER that Contractor's work be disapproved and rejected while it
is in progress if, on the basis of such observations, ENGINEER believes that such work will not produce a
completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the
design concept of the completed Project as a functioning whole as indicated in the Contract Documents.
8. Clar#icadons and Interpretations; Field Orders. Issue necessary clarifications and interpretations of the
Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and
interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents.
Page 4 of 9 Pages
(Exhibit A - Engineer's Services)
PART 1
ENGINEER may issue Field Orders authorizing minor variations from the requirements of the Contract
Documents.
9. Change orders and Work Change Directives. Recommend Change Orders and Work Change Directives
to OWNER, as appropriate, and prepare Change Orders and Work Change Directives as required.
10. Shop Drawings and Sampks. Review and approve or take other appropriate action in respect to Shop
Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the
information given in the Contract Documents and compatibility with the design concept of the completed Project
as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will
not extend to means, methods, techniques, sequences or procedures of construction or to safety, precautions and
programs incident thereto.
11. Substitutes and 'or -equal.' Evaluate and determine the acceptability of substitute or 'or -equal"
materials and equipment proposed by Contractor.
12. Inspections and Tests. Require such special inspections or tests of Contractor's work as deemed
reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws
and Regulations or the Contract Documents. ENGINEER's review of such certificates will be for the purpose of
determining that the results certified indicate compliance with the Contract Documents.
13. Disagreements between OWNER and Contractor. Render formal written decisions on all claims of
OWNER and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements
of the Contract Documents pertaining to the execution and progress of Contractor's work. In rendering such
decisions, ENGINEER shall be fair and not show partiality to OWNER or Contractor and shall not be liable in
connection with any decision rendered in good faith in such capacity.
14. Applications for Payment. Based on ENGINEER's observations as an experienced and qualified design
professional and on review of Applications for Payment and accompanying supporting documentation:
a. Determine the amounts that ENGINEER recommends Contractor be paid. Such recommendations
of payment will be in writing and will constitute ENGINEER's representation to OWNER, based on such
observations and review, that, to the best of ENGINEER's knowledge, information and belief, Contractor's
work has progressed to the point indicated, the quality of such work is generally in accordance with the
Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon
Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to
any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being
entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to
observe Contractor's work. In the case of unit price work, ENGINEER's recommendations of payment will
include final determinations of quantities and classifications of Contractor's work (subject to any subsequent
adjustments allowed by the Contract Documents).
1S. Contractor's Completion Documents.
a. Receive and review maintenance and operating instructions, schedules, and guarantees.
b. Receive bonds, certificates, or other evidence of insurance not previously submitted and required
by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples,
annotated record drawings, and other data which are to be assembled by Contractor in accordance with the
Contract Documents to obtain final payment.
c. ENGINEER shall transmit these documents to OWNER.
Page 5 of 9 Pages
(Exhibit A - Engineer's Services)
PART 1
16. Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire
Work ready for its intended use, in company with OWNER and Contractor, conduct an inspection to determine if
the Work is Substantially Complete. If after considering any objections of OWNER, ENGINEER considers the
Work substantially Complete, ENGINEER shall deliver a certificate of Substantial Completion to OWNER and
Contractor.
17. Final Notice of Acceptability of the Work. Conduct a final inspection to determine if the completed
Work of Contractor is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor.
Accompanying the recommendation for final payment, ENGINEER shall also provide a notice in the form
attached hereto as Exhibit D (the 'Notice of Acceptability of Work") that the Work is acceptable to the best of
ENGINEER's knowledge, information, and belief and based on the extent of the services provided by ENGINEER
under this Agreement.
18. Record Drawings. ENGINEER will prepare and furnish to the OWNER Record Drawings showing
appropriate record information based on Project annotated record documents received from the Contractor.
ENGINEER will furnish one set of reproducible mylar drawings and two (Z) copies of the Record Drawings to the
OWNER.
B. Duration of Construction Phase. The Constriction Phase will commence with the execution of the first
Construction Agreement for the Project or any part thereof and will terminate upon written recommendation by
ENGINEER for final payment to Contractors. If the Project involves more than one prime contract, Construction
Phase services may be rendered at different times in respect to the separate contracts.
C. Limitation of Responsibilities. ENGINEER shall not be responsible for the acts or omissions of any
Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing
any of the Work. ENGINEER shall not be responsible for failure of any Contractor to perform or furnish the Work
in accordance with the Contract Documents.
Page 6 of 9 Pages
(Exhibit A - Engineer's Services)
PART 1
EXHIBIT A - PART 2 — ADDITIONAL SERVICES
A2.01 .Additional Services Requiring OWNER's Authorization in Advance
A. If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Additional Services of
the types listed below. These services will be paid for by OWNER as indicated in Article 4 of the Agreement.
1. Providing design and/or construction surveys and staling to enable ENGINEER to perform its services
and Contractor to perform his work, and any type of property surveys or related engineering services needed for
the transfer of interests in real property; and providing other special field surveys.
2. Services of a Resident Project Representative and other field personnel, as required, for on -the -site
observation of construction and for construction layout surveys.
3. Soil and foundation investigations, including field and laboratory tests, borings, related engineering
analysis and recommendations.
4. Post -Construction Phase. The Post -Construction Phase includes, providing assistance in connection
with the testing and adjusting of Project equipment or systems; Assisting OWNER in training OWNER's staff to
operate and maintain Project, equipment, and systems; Assisting OWNER in developing procedures for control of
the operation and maintenance of, and record keeping for Project equipment and systems; visiting the Project with
the OWNER to observe any apparent defects in the Work, assist OWNER in consultations and discussions with
Contractor concerning correction of any such defects, and make recommendations as to replacement or correction
of Defective Work, if present; and in company with OWNER or OWNER's representative, provide an inspection
of the Project within one month before the end of the Correction Period to ascertain whether any portion of the
Work is subject to correction.
S. Preparation of applications and supporting documents (in addition to those furnished under Basic
Services) for private or governmental grants, loans or advances in connection with the Project; preparation or
review of environmental assessments and impact statements; review and evaluation of the effects on the design
requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining
approvals of authorities having jurisdiction over the anticipated environmental impact of the Project.
6. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the
accuracy of drawings or other information furnished by OWNER.
7. Services resulting from significant changes in the scope, extent, or character of the portions of the
Project designed or specified by ENGINEER or its design requirements including, but not limited to, changes in
size, complexity, OWNER's schedule, character of construction, or method of financing; and revising previously
accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by
changes in Laws and Regulations enacted subsequent to the Effective Date of this Agreement or are due to any
other causes beyond ENGMEER's control.
8. Services required as a result of OWNER's providing incomplete or incorrect Project information.
9. Providing renderings or models for OWNER's use.
10. Undertaking investigations and studies including, but not limited to, detailed consideration of operations,
maintenance, and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations,
rate schedules, and appraisals; assistance in obtaining financing for the Project; evaluating processes available for
Page 7 of 9 Pages
(Exhibit A - Engineer's Services)
PART 2
licensing, and assisting OWNER in obtaining process licensing; detailed quantity surveys of materials, equipment,
and labor; and audits or inventories required in connection with construction performed by OWNER.
11. Furnishing services of ENGINEER's Consultants for other than Basic Services.
12. Services during out-of-town travel required of ENGINEER other than for visits to the Site or OWNER's
office.
13. Preparing for, coordinating with, participating in and responding to structured. independent review
processes, including, but not limited to, construction management, cost estimating, project peer review, value
engineering, and constructibility review requested by OWNER; and performing or furnishing services required to
revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such review
processes.
14. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested
by OWNER for the Work or a portion thereof.
15. Determining the acceptability of substitute materials and equipment proposed during the Bidding or
Negotiating Phase when substitution prior to the award of contracts is allowed by the Bidding Documents.
16. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction,
materials, equipment, or services.
17. Providing Construction Phase services beyond the Contract Times set forth in Exhibit B.
18. Providing assistance in resolving any Hazardous Environmental Condition in compliance with current
Laws and Regulations.
19. Preparation of operation and maintenance manuals.
20. Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration or
other dispute resolution process related to the Project.
21. Providing more extensive services required to enable ENGINEER to issue notices or certifications
requested by OWNER.
22. Services in connection with Work Change Directives and Change Orders to reflect changes requested by
OWNER so as to make the compensation commensurate with the extent of the Additional Services rendered.
23. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute
materials or equipment other than "or -equal" items; and services after the award of the Construction Agreement in
evaluating and determining the acceptability of a substitution which is found to be inappropriate for the Project or
an excessive number of substitutions.
24. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect
result of materials, equipment, or energy shortages.
25. Additional or extended services during construction made necessary by (1) emergencies or acts of God
endangering the Work, (2) an occurrence of a Hazardous Environmental Condition, (3) Work damaged by fire or
other cause during construction, (4) a significant amount of defective, neglected, or delayed work by Contractor,
Page 8 of 9 Pages
(Exhibit A - Engineer's Services)
PART 2
(S) acceleration of the progress schedule involving services beyond normal working hours, or (6) default by
Contractor.
26. Services in connection with any partial utilization of any part of the Work by OWNER prior to
Substantial Completion.
27. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in
connection with the Work.
28. Other services performed or furnished by ENGINEER not otherwise provided for in this Agreement.
29. Reimbursable expenses associated with providing additional services.
Page 9 of 9 Pages
(Exhibit A - Engineer's Services)
PART 2
EDIT B
PAYMENTS TO ENGINEER
LUMP SUM METHOD
Article 4 of the Agreement is amended and supplemented to
include the following agreement of the parties:
ARTICLE 4 — PAYMENTS TO THE ENGINEER.
B4.01 For Basic Services Having A Determined Scope —
Limp Sum Method of Payment
A. OWNER shall pay ENGINEER for Basic Services set
forth in Exhibit A -Part 1, as follows:
1. Lump Sum amounts as follows.
- Reconfigure and Overlay Public Parking Lot $ 90,750.00
- Extension of Westport Access Road
- Terminal Drive and Canopy Improvements
- Cargo Apron and Taxiway Expansion •
*To be negotiated when required.
2. The Lump Sum includes compensation for
ENGINEER's services and services of ENGINEER's
Consultants, if any. Appropriate amounts have been
incorporated in the Lump Sum to account for labor,
overhead, profit, and Direct Expenses.
3. The portion of the Lump Sum amount billed for
ENGINEER's services will be based upon ENGINEER's
estimate of the proportion of the total services actually
completed during the billing period to the Lump Sum.
4. The Lump Sum fees are conditioned on
Construction Contract Times to complete the Work not
exceeding time frames listed below.
- Reconfigure and Overlay Public Parking Lot
Project 1 - Reconfigure and Repair
5 months
Project 2 - Overlay
4 months
- Extension of Westport Access Road
* months
- Terminal Drive and Canopy Improvements
* months
- Cargo Apron and Taxiway Expansion
* months
*To be set when required.
5. In addition, it is agreed that the
ENGINEER is not responsible for delays
caused by factors beyond the ENGINEER's
reasonable control, including but not limited to,
delays because of other projects, funding
limitations, failure of any governmental or other
regulatory authority to act in a timely manner,
failure of the OWNER to furnish timely
information or approve or disapprove of
ENGINEER's Services. or work product
promptly, or delays caused by faulty
performance by the OWNER or contractors of
any level. When such delays beyond the
ENGINEER's reasonable control occur, the
OWNER agrees the ENGINEER is entitled to
renegotiate any or all clauses of this Agreement,
including but not limited to, compensation and
fees. It is expected that the construction phase
of the projects will be completed by the
following dates.
- Reconfigure and Overlay Public Parking Lot
Project 1 - Reconfigure and Repair June 30, 1998
Project 2 - Overlay June 30, 1999
- Extension of Westport Access Road
- Terminal Drive and Canopy
Improvements
- Cargo Apron and Taxiway Expansion
*To be set when required.
6. If more prime contracts are awarded for
Work designed or specified by ENGINEER for
this Project than identified in Exhibit A - Part 1,
the ENGINEER shall be compensated an
additional amount equal to $ * for all
Basic Services for each prime contract added.
*To be negotiated if required.
B4.02 For Authorized Additional Services —
Stcmdard Hourly Rates Method of Payment.
Should the Construction Contract Times to complete the A. OWNER shall pay ENGINEER for
Work be extended beyond these periods, the total authorized Additional Services set forth in Exhibit A
compensation to ENGINEER shall be appropriately - Part 2 as follows:
adjusted.
Page 1 of 4 pages
Sheet B-1 (Exhibit B - Payments to Engineer — Lump Sum Method)
1. For labor on an hourly rate basis in
accordance with Appendix 1.
2. For reimbursable expenses, on the basis of cost times
a factor of 1.15
B. The hourly rate schedule will be adjusted each
January lot to reflect cost of living adjustments.
C. Estimated amounts for certain additional services
expected to be authorized.
- Reconfigure and Overlay Public Parking Lot
Design Surveys $ 10,5W.00
Design Testing $ 6,000.00
Resident Project Representative •
Construction Surveys •
Construction Testing
Miscellaneous Services •
- Extension of WestPort Access Road •
- Terminal Drive and Canopy Improvements •
- Cargo Apron and Taxiway Expansion •
"To be negotiated as required.
Page 2 of 4 pages
Shed B-1 (Exhibit B - Payments to Engineer — Lump Sum Method)
Lubbock International Airport
May
8, 1997,
Reconfigure and Overlay Public Parking Lot
Project
Project
Engineer—
Drafter
Clerical
Mans er
En sneer
In—trainin
STUDY AND REPORT PHASE
Predesign Conference
4
6
1
Site Visits, Data Gathering, Council/Board Meetings
4
4
Develop/analyze project scope
1
2
2
Coordinate soils investigation If required
1
Coordinate topographic surveys If required
2
Preliminary Engineering Report
2
8
8
16
4
develop design criteria
alternate solutions
environmental concerns
narrative
schematic layouts
opinion of costs
8
review with Owner, Operator
4
1
PRELIMINARY DESIGN PHASE 2 dsgn. pkgs.
Refine scope, coordinate with Owner, Operator
4
Meetings and conferences
8
1
Preliminary design documents
design basis, project description, criteria
preliminary drawings
11.5
46
92
196
4
outline specifications
8
2
review w/ Owner, Operator
8
Revise opinion of costs
8
FINAL DESIGN PHASE 2 dagn. pkgs.
Final drawings
11.5
46
92
196
Final specifications
12
8
Final opinion of costs
8
Review with Owner, Operator
8
Revisions
4
8
24
2
Miscellaneous meetings and conferences
8
4
2
BIDDING PHASE 2 bid phases
4
Assist in advertisement
4
Plan distribution — issue/record/deposits
8
Conduct Pre —Bid Conference, minutes
8
2
Miscellaneous addenda
12
4
Attend Bid Opening
4
Evaluate bids, bid tabulation, award
2
6
1
Prepare contract documents
3
8
Check out Contractor, subcontractors, etc.
1
4
t
Review substitute materials/equipment
1
4
1
CONSTRUCTION PHASE 2 constr. phases
Conduct Preconstruction Conference, minutes
8
8
2
Coordinate baseline surveys, benchmark
4
Site visits, notes
54
27
9
Coord. with RPR, Contractor, Owner, Operator
18
18
4.5
Routine change orders
8
8
2
Review submittals
8
16
2
Pay estimates including final
5.5
5.5
Final inspection and notes/findings
8
2
CLOSEOUT PHASE 2 CO phases
Record drawings
6
12
46
Warranty insp.
8
2
Addnl. compliance Insps.
8
8
4
MISCELLANEOUS ITEMS
Project Management
40
10
Total Personhours
74
349.5
350.5
478
87.5
I
EXHIBIT C
DUTIES, RESPONSIBILITIES, AND IXvUTATIONS
OF AUTHORITY
OF RESIDENT PROJECT REPRESENTAITVE
When authorized by OWNER for ENGINEER to furnish Resident Project Representative services, paragraph 1.01C
of the Agreement is amended and supplemented to include the following agreement of the parties:
C6.02 Resident Project Representative
A. ENGINEER shall furnish a Resident Project Representative ("RPR"), assistants, and other field staff to
assist ENGINEER in observing progress and quality of the Work. The RPR, assistants, and other field staff under
this Exhibit C may provide full time representation or may provide representation to a lesser degree.
B. Through such additional observations of Contractor's work in progress and field checks of materials and
equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against
defects and deficiencies in the Work. However, ENGINEER shall not, during such visits or as a result of such
observations of Contractor's work in progress, supervise, direct, or have control over the Contractor's Work nor
shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences, or procedures
selected by Contractor, for safety precautions and programs incident to the Contractor's work in progress, for any
failure of Contractor to comply with I$ws and Regulations applicable to Contractor's performing and furnishing the
Work, or responsibility of construction for Contractor's failure to furnish and perform the Work in accordance with
the Contract Documents.
C. The duties and responsibilities of the RPR are limited to those of ENGINEER in the Agreement with the
OWNER and in the Contract Documents, and are further limited and described as follows:
1 . General: RPR is ENGINEER's agent at the Site, will act as directed by and under the supervision of
ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to
the Contractor's work in progress shall in general be with ENGINEER and Contractor, keeping OWNER advised
as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval
of Contractor. RPR shall generally communicate with OWNER with the knowledge of and under the direction of
ENGINEER.
2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and
schedule of values prepared by Contractor and consult with ENGINEER concerning acceptability.
3. Con
.ferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences,
progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes
thereof.
4. Liaison:
a. Serve as ENGINEER's liaison with Contractor, working principally through Contractor's
superintendent and assist in understanding the intent of the Contract Documents.
b. Assist ENGINEER in serving as OWNER's liaison with Contractor when Contractor's operations
effect OWNER's on -Site operations.
c. Assist in obtaining from OWNER additional details or information, when required for proper
execution of the Work.
Page 1 of 4 Pages
(Exhibit C - Resident Project Representative)
S. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of
the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by
ENGRIEM.
6. Shop Drawings and Samples.
a. Record date of receipt of Samples and approved Shop Drawings.
b. Receive Samples which are furnished at the Site by Contractor, and notify ENGINEER of
availability of Samples for examination.
c. Advise ENGINEER and Contractor of the commencement of any portion of the Work requiring a
Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by
ENGINEER.
7. Modtfications: Consider and evaluate Contractor's suggestions for modifications in Drawings or
Specifications and report with RPR's recommendations to ENGINEER. Transmit to Contractor in writing
decisions as issued by ENGINEER.
8. Review of Work and Rejection of Defective Work:
a. Conduct on -Site observations of Contractor's work in progress to assist ENGINEER in determining
if the Work is in general proceeding in accordance with the Contract Documents.
b. Report to ENGINEER whenever RPR believes that any part of Contractor's work in progress will
not produce a completed Project that conforms generally to the Contract Documents or will prejudice the
integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract
Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval
required to be made; and advise ENGINEER of that part of work in progress that RPR believes should be
corrected or rejected or should be uncovered for observation, or requires special testing, inspection or
approval.
9. Inspections, Tests, and System Startups:
a. Consult with ENGINEER in advance of scheduled major inspections, tests, and systems startups of
important phases of the Work.
b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are
conducted in the presence of appropriate OWNER's personnel, and that Contractor maintains adequate
records thereof.
c. Observe, record, and report to ENGINEER appropriate details relative to the test procedures and
systems startups.
d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the
Project, record the results of these inspections, and report to ENGINEER.
10. Records:
a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of
original Contract Documents including all Change Orders, Field Orders, Work Change Directives,
Addenda, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's
clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample
submittals received from and delivered to Contractor, and other Project related documents.
Page 2 of 4 Pages
(Exhibit C - Resident Project Representative)
b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site,
weather conditions, data relative to questions of Change Orders. Field Orders, Work Change Directives, or
changed conditions, Site visitors, daily activities, decisions, observations in general, and specific
observations in more detail as in the case of observing test procedures: and send copies to ENGINEER.
c. Record names, addresses and telephone numbers of all Contractors, subcontractors, and major
suppliers of materials and equipment.
d. Maintain records for use in preparing Project documentation.
e. Upon completion of the Work, furnish original set of all RPR Project documentation to
ENGINEER.
11. Reports:
a. Furnish to ENGINEER periodic reports as required of progress of the Work and of Contractor's
compliance with the progress schedule and schedule of Shop Drawing and Sample submittals.
b. Draft and recommend to ENGINEER proposed Change Orders, Work Change Directives, and
Field Orders. Obtain backup material from Contractor.
c. Furnish to ENGINEER and OWNER copies of all inspection, test, and system startup reports.
d. Report immediately to ENGINEER the occurrence of any Site accidents, any Hazardous
environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by
fire or other causes.
12. Payment Requests: Review Applications for Payment with Contractor for compliance with the
established procedure for their submission and forward with recommendations to ENGINEER, noting particularly
the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment
delivered at the Site but not incorporated in the Work.
13. Cemficates, Operation and Maintenance Manuals: During the course of the Work, verify that materials
and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be
assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the
Contract Documents, and have these documents delivered to ENGINEER for review and forwarding to OWNER
prior to payment for that part of the Work.
14. Completion:
a. Before ENGINEER issues a Certificate of Substantial Completion, submit to Contractor a list of
observed items requiring completion or correction.
b. Observe whether Contractor has arranged for inspections required by Lawa and Regulations,
including but not limited to those to be performed by public agencies having jurisdiction over the Work.
c. Participate in a final inspection in the company of ENGINEER, OWNER, and Contractor and
prepare a final list of items to be completed or corrected.
d. Observe whether all items on final list have been completed or corrected and make
recommendations to ENGINEER concerning acceptance and issuance of the Notice of Acceptability of the
Work.
Page 3 of 4 Pages
(Exhibit C - Resident Project Representative)
D. Resident Project Representative shall not:
1 . Authorize any deviation from the Contract Documents or substitution of materials or equipment
(including 'or -equal" items).
2. Exceed limitations of ENGINEER'S authority as set forth in the Agreement or the Contract Documents.
3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's
superintendent.
4. Advise on, issue directions relative to or assume control over any aspect of the means, methods,
techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically
required by the Contract Documents.
S. Advise on, issue directions regarding, or assume control over safety precautions and programs in
connection with the activities or operations of OWNER or Contractor.
6. Participate in specialized field or laboratory tests or inspections conducted off -site by others except as
specifically authorized by ENGINEER.
7. Accept Shop Drawing or Sample submittals from anyone other than Contractor.
8. Authorize OWNER to occupy the Project in whole or in part.
Page 4 of 4 Pages
(Exhbit C - Resident Project Representative)
NOTICE OF ACCEPTABILITY OF WORK
PROJECT:
OWNER:
OWNER's Construction Contract Identification:
EFFECTIVE DATE OF THE CONSTRUCTION AGREEMENT:
CONSTRUCTION CONTRACT DATE:
ENGINEER:
To: OWNER
And To: CONTRACTOR
The undersigned hereby gives notice to the above OWNER and CONTRACTOR that the completed Work
furnished and performed by CONTRACTOR under the above Contract is acceptable, expressly subject to the
provisions of the related Contract Documents and the terms and conditions set forth on the reverse side hereof.
By:
Title:
Dated:
Page 1 of 2 Pages
(Exhibit D - Notice of Acceptability of Work)
(Reverse side of Notice)
The Notice of Acceptability of Work ("Notice") on the front side of this sheet is expressly made subject to the
following terms and conditions to which all persons who receive said Notice and rely thereon agree:
1. Said Notice is given with the skill and care ordinarily used by members of the engineering profession
practicing under similar conditions at the same time and in the same locality.
2. Said Notice reflects and is an expression of the professional judgment of ENGINEER.
3. Said Notice is given as to the best of ENGINEER's knowledge, information, and belief as of the date hereof.
4. Said Notice is based entirely on and expressly limited by the scope of services ENGINEER has been employed
by OWNER to perform or furnish during construction of the Project (including observation of the
CONTRACTOR's work) under ENGINEER's Agreement with OWNER and under the Construction Contract
referenced on the reverse hereof, and applies only to facts that are within ENGINEER's knowledge or could
reasonably have been ascertained by ENGINEER as a result of carrying out the responsibilities specifically
assigned to ENGINEER under ENGINEER's Agreement with OWNER and the Construction Contract
referenced on the reverse hereof.
5. Said Notice is not a guarantee or warranty of CONTRACTOR's performance under the Construction Contract
referenced on the reverse hereof nor an assumption of responsibility for any failure of CONTRACTOR to
furnish and perform the Work thereunder in accordance with the Contract Documents.
Page 2 of 2 Pages
(Exhibit D - Notice of Acceptability of Work)
A, .
EXIIMI T E
ENGINEER CONTRACTUAL REQUIREMENTS
TITLE VI ASSURANCES
During the performance of this agreement, the ENGINEER, for itself, its assignees and successors in interest
(hereinafter referred to as the 'ENGINEER') agrees as follows:
1. Compliance with Regulations. The ENGINEER shall comply with the Regulations relative to
nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, 'DOT") Title
49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as
the Regulations), which are herein incorporated by reference and made a part of this agreement.
2. Nondiscrimination. The ENGINEER, with regard to the work performed by it during the agreement, shall
not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurement of materials and leases of equipment. The ENGINEER shall not participate either directly
or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices
when the agreement covers a program set forth in appendix B of the Regulations.
3. Solicitations for Subcontracts. Including Procurement of Materials and Equipment. In all solicitations either
by competitive bidding or negotiation made by the ENGINEER for work to be performed under a subcontract,
including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified
by the ENGINEER of the ENGINEER's obligations under this agreement and the Regulations relative to
nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports. The ENGINEER shall provide all information and reports required by the
Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration
(FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions.
Where any information required of the ENGINEER is in the exclusive possession of another who fails or
refuses to furnish this information, the ENGINEER shall so certify to the sponsor or the FAA, as appropriate, and
shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the ENGINEER's noncompliance with the nondiscrimination
provisions of this agreement, the sponsor shall impose such agreement sanctions as it or the FAA may determine
to be appropriate, including, but not limited to:
a. Withholding of payments to the ENGINEER under the agreement until the ENGINEER complies,
and/or
b. Cancellation, termination, or suspension of the agreement in whole or in part.
6. Incorporation of Provisions. The ENGINEER shall include the provisions of paragraphs 1 through 5 in
every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations
or directives issued pursuant thereto. The ENGINEER shall take such action with respect to any subcontract or
procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, however, that in the event an ENGINEER becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the ENGINEER may request the sponsor
to enter into such litigation to protect the interests of the sponsor and, in addition, the ENGINEER may request the
United States to enter into such litigation to protect the interests of the United States.
Page 1 of 2
(Exhibit E - Engineer Contractual Requirements
Title VI Assurances)
DISADVANTAGED BUSINESS ENTERPRISE (DBE) ASSURANCES
1. kdky. It is the policy of the Department of Transportation (1307) that disadvantaged business enterprises
as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49
CFR Part 23 apply to this agreement.
2. DBE Obligation. The ENGINEER agrees to ensure that disadvantaged business enterprises as defined in
49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts
financed in whole or in part with Federal funds provided under this agreement. In this regard, all ENGINEERS
shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged
business enterprises have the maximum opportunity to compete for and perform contracts. ENGINEERS shall not
discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted
contracts.
Page 2 of 2
(Exhibit E - Engineer Contractual Requirements
Title VI Assurances)
APPENDIX 1
PARKHILL, SMITH & COOPER, INC.
HOURLY RATE SCHEDULE
January 1, 1997 thru December 31, 1997
PROFESSIONAL LEVEL VII
108.00
Engineer VII
Architect VIII
PROFESSIONAL LEVEL VI
91.00
Engineer VI
Architect VII
PROFESSIONAL LEVEL V
75.00
Engineer V
Architect VI
PROFESSIONAL LEVEL IV
63.00
Engineer IV
Architect V
PROFESSIONAL LEVEL III
57.00
Engineer III
Architect IV
Engineering Technologist IV
Resident Project Representative IV
PROFESSIONAL LEVEL II
52.00
Engineer IJII
Architect III
Engineering Technologist III
Resident Project Representative III
PROFESSIONAL LEVEL I
48.00
Architect I/II
Interior Designer II/III
Engineering Technologist VII
Resident Project Representative II
Senior Accountant
SUPPORT STAFF III
48.00
Designer III/IV
CADD IIIAV
Administrative Secretary III
SUPPORT STAFF II
36.00
Accounting Clerk I/II
CADD IJII
Receptionist / Clerical IM
Designer I/II
Administrative Secretary I/II
SUPPORT STAFF I
22.00
Accounting Clerk Trainee
CADD Trainee
Receptionist / Clerical Trainee
APPENDIX 1