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HomeMy WebLinkAboutResolution - 2003-R0121 - Amendment To Engineering Agreement - Delta Airport Consultants, Inc. - 03_27_2003Resolution No. 2003-RO121 March 27, 2003 Item No. 22 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, Amendment No. 7 to the engineering agreement between Lubbock International Airport and Delta Airport Consultants, Inc. for the construction phase engineering services of Taxiway Victor. Said Amendment is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th day of March_ _ 2003. ATTEST: Rebecca Garza City Secretary APPROVED AS TO CONTENT: Mark Earle, Director of viation APPROVED AS TO FORM: * .L -- /V�—' illiam de Haas Contract Manager/Attorney CCdocs/kb/Amnd7-De1ta-Ty V res.2243 February 24, 2003 Resolution No. 2003-RO121 March 27, 2003 Item No. 22 AMENDMENT NO. SEVEN (7) TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF LUBBOCK, TEXAS THE OWNER AND DELTA AIRPORT CONSULTANTS, INC. THE ENGINEER DATE: August 16, 2002 DELTA PROJECT NO. TX 02026 TASK 7 - Construct R/W 17R-35L Exit Taxiway (Construction Phase Services) 2619 AMENDMENT NO. SEVEN (7) TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES August 16, 2002 This AMENDMENT NO. SEVEN (7), dated August 16, 2002 made a part of the Agreement for Professional Services dated May 22, 1997, between the City of Lubbock, Texas, the OWNER, and Delta Airport Consultants, Inc., the ENGINEER, for work at Lubbock International Airport, Lubbock, Texas. The following revisions and/or additions are made to the original Agreement: The scope of work to be covered by Amendment No. Seven (7) shall be as follows: TASK 7 - Construct R/W 17R-35L Exit Taxiway "V" (Construction Services) ADD the following paragraphs to Article 6: 6.10 Task 7: Construction Phase — It is understood that the ENGINEER will proceed with Task 7 Construction Phase Services after a Notice -To -Proceed from the OWNER. The contractor's schedule for construction is 150 calendar days from, Notice -To -Proceed. Delta's work will be completed within 90 days after final acceptance. ADD the following paragraphs to Article 7: 7.21 Task 7: Construct R/W 17R-35L Exit Taxiway "V" (Construction Phase Services). Basic Services, construction administration, construction observation workhours, resident project representative services, direct non -salary expenses and subcontracted Q/A Materials Testing and Record Construction Surveys will be compensated on a unit price plus fixed fee basis. Compensation for these services shall be limited to an initial budget amount of $260,118.00 unless written authorization has been received from the OWNER. The budget amount is based upon an estimated cost of $229,274 and a fixed fee of $30,844.00. Except as so modified, supplemented, and amended, the terms and conditions of the Agreement for Engineering Services dated May 22, 1997 shall remain in full force and effect. TX 02026F006.AM7 AMENDMENT NO. SEVEN (7) The following attachments are made part of this Amendment: Attachment "AMD 7-1" Workhour & Fee Summaries (Task 7) Attachment "AMD 7-2" Subconsultant RFPs & Proposals (Task 7) All other provisions of the original Agreement remain unchanged. OWNER: ENGINEER: City of Lubbock Delta Airport Consultants, Inc. 1625 13th Street, Suite L-04 3701 Executive Center Drive, Suite 265 Lubbock, Texas 79401 Austj4, Texas 78731 Mayor Date: March 27, 2003 ATTEST: Rebecca Garza, City Secrets APPROVED AS TO CONTENT: Mar . arle, Director of Av"Mivm APPROVED AS TO FORM: William de Haas Contract Manager/Attorney /. Edwards-Hollaway, P.E. Vice President Date: Notary. (r ' My Commission Expires: 'Ay PUBll` ANNE P. CABRAL NOTARY PUBLIC Y� STATE OF TEXAS OF ` My Comm. UP. 9-23-2005 Resolution No. 2003-R AMENDMENT NO. SEVEN (7) ATTACHMENT "AMD 7-1" WORKHOUR & FEE SUMMARIES ATTACHMENT "7.1" ESTIMATED WORK HOURS - ARTICLE 7.21 Construct Taxiway "V" Lubbock intemationai Airport Lubbock,Texas AIP No. 3-48-0138-25-02 Project No. TX 02026 Date: August 16, 2002 Est Fixed Description hrs rate Cost Fee Totals 1) Work Hour Cost (w/Overhead) a) Basic Services Senior Project Manager Project Manager Project Designer Technician Clerical Subtotal: b) Additional Services Senior Project Manager Project Manager Project Designer Technician Clerical Field Rep Subtotal: 210 $122 25,620 3,843 121 $87 10,527 1,579 92 $57 5,244 787 16 $45 720 108 66 $46 3,036 456 505 $45,147 $6, 772 15% 17 $122 2,074 311 30 $87 2,610 392 80 $57 4,560 684 44 $45 1,980 297 16 $46 736 110 1408 $54 76,032 11,405 1595 $87,992 $13,199 2) Direct Nonsalary Expenses Travel, printing, mist Beech Baron @$103/HR Vehicle @$0.341MI Per Diem - RPR (cal day) 181 Construction & Record Surveys (est) 01A Testing Subtotal: 3) Estimate Cost & Fixed Fee BUDGET AMOUNT (unit price + FF): 15% 8,000 1,200 0 0 $95 17,195 2,579 4,000 400 66,940 6,694 $96,136 $10,873 $51, 919 $101,191 $107,008 $229,274 $30 844 $260.118_ 1 $260,11@ Page 1 ATTACHMENT "7-1" ESTIMATED WORK HOURS - ARTICLE 7.21 Construct Taxiway "V" Lubbock International Airport Lubbock,Texas AIP No. 3-48-0138-25-02 Project No. TX 02026 Date: August 16, 2002 SPM Description No. (hr) CONSTRUCTION OBSER. 150 CAL DAYS Coordinate Award 1 Preconstruction Conf. 1 12 Review Contractor QC Plan 1 Review Contractor SWPPP 1 Coord. Q/A, Review Test Results 8 Construction Visits 11 132 Coord. Res Proj Rep 12 Shop Drawings 2 Review Contr. Pay Request 6 4 Constr. Coorespondence 12 Final Inspection 1 12 Punch List Inspection 1 12 Final Quantity Review 1 Basic Service Hours Subtotal: 210 ADDITIONAL SERVICES Project Appl. Assistance 2 FAA Pay Request 6 6 Record Drawing 4 Final Engineering Report 4 Independent Fee Review Package 1 Resident Project Rep. 0 Add'I Service Hours Subtotal: 17 PM PD TECH Cler FLD REP (hr) ------------------- (hr) ------------- (hr) ------------- (hr) --------------- (hr) 1 4 0 0 0 0 0 0 2 0 8 0 0 0 0 8 0 0 0 0 40 0 0 2 0 0 0 0 0 0 0 60 0 8 0 4 16 0 2 0 8 0 0 6 0 48 0 0 40 0 0 0 0 2 C 0 0 0 2 C 4 12 16 2 C C 121 92 16 66 C 0 4 0 2 0 12 0 0 6 0 8 24 40 0 0 8 12 4 8 0 2 0 0 0 0 0 40 0 0 1408 30 80 44 16 1,408 File: 2026FE03 Construction.XLS 8/19/2002 3:09 PM ATTACHMENT "7-1" ESTIMATED WORK HOURS - ARTICLE 7.21 Construct Taxiway "V" Lubbock International Airport Lubbock, Texas AIP No. 3-48-0138-25-02 Project No. TX 02026 Date: August 16, 2002 RPR Summary (150 + 10 Pre/post Calendar Days) RPR No. 1: 160 Days @ 8 Hr/Day 1280 Hrs RPR No. 2: 21 Days @ 8 Hr/Day 168 Hrs Total: Per Diem RPR No. 1 : 150 + 10 Pre/post days RPR No. 2: 21 days 1448 Hrs 160 Calendar Days 21 Calendar Days Total: 181 Calendar Days AMENDMENT NO. SEVEN (7) ATTACHMENT "AMD 7-2" SUBCONSULTANT RFPs & PROPOSALS DELTA A/RPoRT CONSULTANTS, /NC. engineers - planners Charlotte, NC Austin, TX Harrisburg, PA Richmond, VA July 3, 2002 Mr. Michael Copeland, PE Dyess-Peterson Testing Laboratory, Inc. 5853 49 h Street Lubbock, Texas 79424 Re: Request for Proposal Construction Material and Quality Assurance Testing Runway 17R-35L Exit Taxiway "V" Lubbock International Airport Lubbock, Texas AIP project No. 3-48-0138-25-02 Pending Delta Project No. TX 02026 Dear Mr. Copeland; Delta Airport Consultants, Inc. is preparing the construction phase services contract for the construct Taxiway "V" project at the Lubbock International Airport in Lubbock, Texas. The scope of the project involves the following items and approximate quantities which relate to the requirement for acceptance testing in accordance with FAA and TX DOT specifications as applicable: ➢ 13,000 cubic yards of P-152 Unclassified Excavation and Backfill ➢ 4,000 cubic yards of P-154 Subbase Course ➢ 7,550 square yards of P-304 Cement Treated Base Course ➢ 1,000 tons of P-401 Bituminous Base Course ➢ 600 tons of P-401 Bituminous Surface Course ➢ 11,000 square yards of 14" P-501 Portland Cement Concrete Paving ➢ 750 tons of R-340 TX DOT Type D Hot Mix Asphaltic Concrete Paving Please find enclosed a project layout sheet, paving details and draft specifications for the listed items to assist in your preparation of the construction phase services testing proposal. A complete set of plans and specifications will be provided when they are completed. Please provide an itemized proposal for providing the following construction phase acceptance testing services: SCOPE: Testing of the above items shall be completed in accordance with the applicable items from the enclosed project layout and draft specifications. All items are FAA and TX DOT specification items. In addition, review of job -mix formulas and material submittals will be required for the above items, as well as design development of the P-304 cement content. 3701 Executive Center Drive, Suite 265 Telephone (512) 349-9109 Austin, Texas 78731 Fax (512) 349-9118 Homepage: http://www.deltaairport.com E-mail: delta@deltaairport.com Mr. Michael Copeland RFP — Taxiway "V" July 2, 2002 Page 2 2. The anticipated contract performance period is 150 consecutive calendar days. You should anticipate that at least one full time technician will need to be on -site for most of the project. Double shift work or high production levels may warrant a second technician for some portions of the project. Work within the Runway Safety Area is anticipated to last 21 days and to require 24-hour per day work to complete the work on time. 3. Since the project will be using FAA specifications for P-401 and P-501, your laboratory facilities are required to be certified for these items in accordance with ASTM D3666 and ASTM C 1077 respectively. Please forward copies of these certifications with your proposal. 4. The standard Lubbock International Airport employment history, security training for badging and vehicle training will be required for each employee. The budget should include the costs necessary to provide duty technicians with and aircraft band radio, cellular phones and pagers for communications with airport security and the air traffic control tower and Delta Resident [project Representatives (RPR). Provide daily report of P-401 production and in field acceptance test results. Provide Delta with a weekly updated summary of all acceptance test results compared to the specification requirements. Failing tests should be highlighted and cross-referenced to the subsequent passing acceptance testing. A weekly summary of all outstanding failing acceptance tests should be forwarded to the Engineer. 6. Provide for at least four (4) on -call site visits by the Senior Geotechnical Engineer to investigate unexpected site conditions such as sink holes and unsuitable soils. Provide reports and recommendations for expedited repairs of areas to meet the schedule requirements. 7. If accepted your proposal shall serve as the basis for a not -to -exceed unit price contract with Delta Airport Consultants, Inc. Your proposal should include a fee schedule, estimated work hours, and non -salaried expenses. The fee schedule should include billing rates for 2002. Payment for you services will be forwarded within seven (7) days of receipt of payment from the Owner. 8. Since the project is funded by the Federal Government, please confirm that your firm is in compliance with Title VI Assurances. If your firm is a disadvantaged business enterprise (DBE), provide a copy(s) of current certification by a State of Federal Agency(s), preferably where the project is located. 10. Please fmd enclosed a copy of Delta's sample subconsultant agreement and relevant portions of the master Agreement with General Provisions included with Delta's contact and the Owner. Dyess-Peterson Testing laboratory will be required to meet the airport's standard general provision conditions and insurance requirements, as outlined in out Master Agreement with the Owner. TX 2026C013 DP RFP Mr. Michael Copeland RFP — Taxiway "V" July 2, 2002 Page 3 11. Delta is requesting you proposal by July 12, 2002. We anticipate a notice -to -proceed on this work in September, 2002. Your expeditious response will be greatly appreciated. Should you have any questions, or require additional information, please fell free to contact me. 4ineards-Hollaway, P Vice President SEH:seh Enclosure CC: Mark Earle, Airport Director w/encl. John McGinley, Assistant Airport Director w/encl. TX 2026CO 13 DP RFP RESOLUTION NO. 5498 Item #32 May 22,1997 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 with Delta Airport Consultants, Inc. for professional engineering services for the design, preparation of specifications, bid documents and supervision of improvements at Lubbock International Airport, attached hereto and 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 hereilx in detail. Passed by the City Council this 22nd day of _ may , 1.'997. '.r ATTEST: l Kayt Darnell, City Secretary APPROVED AS TO CONTENT: ark N. Earle, bire6lor of Av tion APPROVED AS TO FORM: a old Willard, Assistant City Attorney ccdocs/delta.res May 15, 1997 EXHIBIT "A" The following pages are copies of pages from the Prime Agreement between ENGINEER and OWNER which are pertinent to this subconsultant agreement between ENGINEER and CONSULTANT. RESOLUTION NO.5498 Item #32 May 22,1997 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ENGINEER THIS AGREEMENT is made on the 22nd day of May in the year 1997, between the City of Lubbock, Texas, the OWNER, and DELTA AIRPORT CONSULTANTS, INC., the ENGINEER, for Project(s) at the !)Lubbock International Airport. The project covered by this agreement is as follows: TASK 1 - Reconstruct Runway 17R-35L KEEL (11,500' x 50') 3108 Page 1 of 22 WHEREAS the OWNER sought proposals from qualified engineers to perform certain engineering services. WHEREAS the OWNER has determined that DELTA AIRPORT CONSULTANTS, INC. (the "ENGINEER") is the most qualified based on the criteria stated in the Request for Qualifications ands" The precise scope of work, schedule, and cost shall! be as stated in this Base Agreement or as stated in Amendments to this Base Agreement as authorized from time to time by the OWNER upon approval of such scope of work and the cost for such work. As- used herein, the term "Project" shall refer only to such items of -work -listed in this Base Agreement -or approved Amendments. The OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect to the performance of normal professional engineering services by ENGINEER and the payment for those services by OWNER as set forth below. 3108 Page 2 of 22 ARTICLE 1: BASIC SERVICES The ENGINEER agrees to perform services in connection with the contained within this Agreement. normal professional engineering Project as set forth below and 1.1 PRELIMINARY PHASE ! ' Upon receipt of the OWNER's authorization to proceed v.th the Preliminary Phase, the ENGINEER shall: 1.1.1 Consult with OWNER to clarify and define ',OWNER's requirements for the Project and review available data. 1.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others, data or services, including surveys, geotechnical, etc. and assist OWNER in obtaining such data and services at the appropriate time and during the appropriate phase. 1.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate.in consultations with such authorities. 1.1.4 Attend a pre -design meeting 'with the funding agencies and airport users to define design criteria and operation-2equirements. 1:1.5 Develop preliminary layouts, locations, grades, elevations, pavement sections, building dimensions, etc. to further define the OWNER's project scope. 1.1.6 Prepare a Preliminary Design Report containing schematic layouts, sketches and conceptual design criteria and the alternative solutions available to OWNER and setting forth ENGINEER's findings and recommendations. This Report will be accompanied by ENGINEER's opinion of probable costs for the Project. 1.1.7 Furnish up to five (5) copies of the Preliminary Design Report and review them in person with OWNER. 1.2 DESIGN AND CONSTRUCTION CONTRACT DOCUMENTS PHASE Upon receipt of the OWNER's authorization 'to'proceed Vii th-othe Design and Construction Contract Documents Phase, the ENGINEER shall: 1.2.1 Attend up to six (6) meetings with the OWNER and/or other agencies involved in the Project. 3108 Page 3 of 22 1.2.2 Prepare the Design Documents consisting of design criteria, drawings, and specifications. 1.2.3 Prepare a statement of the ENGINEERRIs Opinion .of the Construction Cost for the Project based -upon designs established to this point. 1.2.4 Provide an ENGINEER Is Report for the project to the O T-NER . 1.2.5 Furnish up to five (5) copies of the Design Documents for the OWNER's and approving authorities' review and approval:. 1.2.6 Render clarification of the design drawings and 1pecial provisions, when and if such clarification is deemed necessary. 1.2.7 Prepare engineering data, where necessary, for regulation permit application required by Local, State, or Federal authorities. 1.2.8 Prepare the required Contract forms including proposal forms and notice to bidders, drawings, technical specifications and other documents as required to complete the Construction Contract Documents. 1.2.9_ Furnish to the"OWNER engineering data and documents so that the OWNER may secure approval from governmental authorities having jurisdiction over the Project. 1.2.10 Advise the OWNER of any adjustments to previous ENGINEER's Opinion of the Construction Cost when changes in requirements, general market conditions, or other conditions so warrant. 1.3 BIDDING AND NEGOTIATING PHASE Upon receipt of the OWNER's approval of the Design and Construction Contract Documents Phase and latest Opinion of the Construction Cost, and authorization to proceed with the Bidding and Negotiating Phase, the ENGINEER shall: 1.3.1 Assist OWNER' in advertising for and obtaining bids or negotiating proposals for each prime contract and, where applicable, maintain a record of *` pp prospective; bidder,-s .- to whom Bidding Documents have been issued. 1.3.2 Issue addenda, as appropriate, to interpret, clarify, or expand the Bidding Documents. 3108 Page 4 of 22 1.3.3 Conduct a pre -bid meeting for potential bidders for the Project. 1.3.4 Assist the OWNER in obtaining bids or negotiating bid proposals, in analyzing bids and proposals, and in awarding the Construction Contract. 1.4 CONSTRUCTION PHASE ! Upon award of any Construction Contract based upon the Construction Contract Documents compiled by the ENGINEER, the Construction Phase of this Agreement shall commence and the ENGINEER shall: 1.4.1 Act as the OWNER's representative with duties and responsibilities and limitations of authority as described in the General Conditions to the Construction Contract. The OWNER shall not modify the Construction Contract Documents without the written consent of the ENGINEER. The ENGINEER shall schedule and conduct a preconstruction conference for the Project. 1.4.2 Advise and consult with Phase and the ENGINEER shall_ instruction.to the CONTRACTOR. the OWNER during the Construction issue the OWNER's authorized 1.4-.3 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 various aspects of CONTRACTOR(s)I wbrk. Based on information obtained during such visits and on such observations, ENGINEER shall endeavor to determine, in general, if such work is proceeding in accordance with the Contract Documents and ENGINEER shall keep OWNER informed of the progress of the work. It is anticipated that'an average of two (2) trips per month will be required and the OWNER will be notified of the ENGINEER's visits. 1.4.4 The purpose of ENGINEER's visits to the site will be to enable ENGINEER to better carry out the duties and responsibilities assigned to and undertaken by ENGINEER during. the Construction Phase, and, in addition, by exercise of ENGINEER's efforts as an experienced and qualified design professional, to provide for OWNER a greater degree of confidence that the completed work of CONTRACTOR(s) will conform generally to the Contract Documents and that the integrity of the design concept, as reflected in the Contract Documents, has been implemented and preserved';..by CONTRACTOR (s). On the other hand, ENGINEER shall not, during 'such visits or as a result of such observations of CONTRACTOR(s)I work in progress, supervise, direct, or have control over CONTRACTOR(s)I work nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences or procedures of 3108 Page 5 of 22 construction selected by CONTRACTOR(s), for safety precautions and programs incident to the work of CONTRACTOR(s) or for any failure of CONTRACTOR(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to CONTRACTOR(s) furnishing and performing their work. Accordingly, ENGINEER can neither guarantee the performance of the Construction Contracts by CONTRACTOR(s) nor assume responsibility for CONTRACTOR(s)' failure to furnish and perform their work in accordance with the Contract Documents. 1.4.5 Act as initial interpreter of the requirements"of the Contract Documents and judge of the acceptability of the work thereunder and make decisions on claims of CONTRACTOR(s) relating to the acceptability of the work or the interpretation.'f the requirements of the Contract Documents pertaining to the ex6cution and progress of the work. 1.4.6 Notify the OWNER of permanent work which does not conform to the result required in the Construction Contract, prepare a written report describing any apparent non -conforming permanent work and make recommendations to the OWNER for correction and, at the request of the OWNER, have recommendations implemented by the CONTRACTOR (s) . 1.4.7 Review the-CONTRACTOR's request for progressive payment, and based upon said on -site observation, advise the OWNER as to the- ENGINEER's opinion of the extent "of the work completed in accordance with the terms of the Construction Contract as -of the - date of the CONTRACTOR's payment request and issue, for processing by the..OWNER, a Recommendation for Payment in the amount owed the CONTRACTOR. The issuance of Recommendation for Payment shall constitute a declaration by the ENGINEER to the OWNER, based upon said on -site observations, review, and data accompanying. the request for payment, that the CONTRACTOR's work has progressed to the point indicated; that to the best of the ENGINEER's knowledge, information, and belief, the quality of the CONTRACTOR's work is in accordance with the Construction Contract Documents (subject to subsequent tests and review required by the Construction Contract Documents,. to correction of minor deviations from the Construction Contract Documents, and to qualifications stated in the Certificate for Payment); and that the CONTRACTOR is entitled to the amount stated. The issuing of the Recommendation for Payment by the ENGINEER shall not represent that it has made any investigation to determine the uses made by the CONTRACTOR of sums paid to the CONTRACTOR. y 1.4.8 Review and take appropriate action in respect'of Shop Drawings, samples and other data which CONTRACTOR(s) are required .to submit, but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Such reviews or other action shall not extend to means,. 3108 Page 6 of 22 methods, techniques, sequences or procedures of construction, or to safety precautions and programs incidental thereto. 1.4.9 Review quality control and acceptance testing reports and inspection reports to monitor quality and construction progress. 1.4.10 Issue necessary interpretations and clarifications of the Contract Documents and in connection therewith prepare change orders, as required, which are within the project scope of work. 1.4.11 Conduct a construction progress review relate4-!to the CONTRACTOR(s)' date of completion, receive written guaran�'ees and related data assembled by the CONTRACTOR(s), and issue to the OWNER a Recommendation of Final Payment and a Final Project Repott. 1.4.12 The ENGINEER shall not be responsible for the defects or omissions in the work as a result of the CONTRACTOR(s), or. any SUBCONTRACTOR (s) , or any of the CONTRACTOR(s) ' or SUBCONTRACTOR (s) ' employees, or that of any other persons or entities responsible for performing any of the work result as contained in the Construction Contract. The ENGINEER shall not be responsible for the CONTRACTOR(s)' failure to comply with the project schedule. y +t 3108 Page 7 of 22 ARTICLE 2: ADDITIONAL SERVICES If authorized by the OWNER, the ENGINEER agrees to furnish, or obtain from others, additional professional services in connection with the Project as set forth below -and contained within this Agreement: 2.,I- Providing services over and above the previously :described Basic Services and Additional Services related,to FAA, . State, and other funding to include but not limited to: (a) (b) (c) (d) (e) (f) (g) Funding applications with supporting documents Reimbursement requests for funding Disadvantaged Business Enterprise (DBE) Airport Layout Plan (ALP) revisions Property Map revisions Environmental Overview or Statements Preparation of Record Drawings If Plan assistance If included in this agreement, the items above will be noted in the estimates.shown in Attachment "C" or as described in Amendments to this Agreement. 2.2 Providing necessary- advertising, surveys, subsurface and materials testing, printing," and/or administrative services necessary for the project. " These services shall be contracted. by the OWNER unless designated to be provided by the ENGINEER` in Article 7 of this agreement under reimbursables. The ENGINEER will administer these services for the OWNER. 2.3 Make drawings from field measurements of existing construction when required for planning additions or alterations thereto. 2.4 Services due to changes in the scope of the Project or its design, including but not limited to, changes in size, complexity, schedule or character of construction. 2.5 Revising studies, reports, design documents, drawings or specifications which have previously been approved by the OWNER, or when such revisions are due to causes beyond the control of the ENGINEER. 3108 Page 8 of 22 2.6 Preparation of additional design documents for alternate bids or for out -of -sequence work requested by the OWNER when not listed or described in Subsection 2.1. 2.7 Preparation of detailed renderings, exhibits or scale models for the Project. 2.8 Providing special analysis of the OWNER's needs such as owning and operating analysis, OWNER's operating and maintenance manuals, OWNER's special operations or charts, and any other j similar analysis. h -2.9 'Furnishing additional copies of reports and additional prints of Drawings and Specifications in excess of those stipulated in the Agreement and/or listed above. 2.10 Investigations involving detailed consideration of operations, maintenance and overhead expenses; the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals and valuations; detailed quantity surveys of material and labor; and material audits or inventories required by the OWNER. 2.11 Preparing special Change Orders when requested by the _OWNER which are not within the scope of."BASIC SERVICES". 2.12 - • Making a review of the Project prior to expiration of .the guarantee period and reporting observed discrepancies ur}der guarantees provided by the Construction Contract. 2.13 Additional or extended services during construction made necessary by (1).work damaged by fire or other cause during construction, (2) a'significant amount -of defective or incomplete work of the CONTRACTOR(s), (3) acceleration of the work schedule involving services beyond normal working hours, (4) failure of the CONTRACTOR(s) to complete the work within the contract period, and (5) the CONTRACTOR(s)' default under Construction Contract. 2.14 Providing assistance in the initial start-up, testing, adjusting or balancing; or operation of equipment or systems, or training personnel for operation or maintenance of equipment .or system. 2.15 Providing design services relating to future facilities, systems, and equipment which are not intended to be constructed or operated as a part of the Project. 2.16 Providing services as an expert witness for the OWNER in connection with litigation or other proceedings involving the Project. 3108 Page 9 of 22 2.17 Providing other services not otherwise provided for in this Agreement, including services normally furnished by the OWNER as described in Article 3, "OWNER'S RESPONSIBILITIES". 2.18 Providing Resident Project Representative services to give the OWNER more extensive on -site representation during the Construction Phase with duties and responsibilities as described in Attachment "A". 2.19 Evaluating unreasonable or frivolous claim(s) submitted by CONTRACTOR(s) or others in connection with the project which require extensive services by the ENGINEER to preclude or'' -prepare for possible litigation, which claim(s) are beyond the ENGINEER's control. 1'r 3108 Page 10 of 22 ARTICLE 3: OWNER'S RESPONSIBILITIES The OWNER shall: 3.1 Provide to the ENGINEER all criteria, design, and construction standards and full information as to the OWNER's requirements for the Project. 3.2 Designate in writing a person authorized to actf`as the OWNER's representative. The OWNER or its representativg shall receive and examine documents submitted by the ENGINEER, interpret and define OWNER's policies, and render decisions and authorization in writing promptly to prevent unreasonable delay in progress of the ENGINEER's services. 3.3 Furnish to the ENGINEER all existing drainage, survey, and layout data available for the Project. 3.4 Furnish laboratory tests, air and water pollution tests, reports and inspections of samples, materials, or other items required by law or -by the governmental authorities having jurisdiction over this Project. 3.5 Provide legal, accounting, and insurance counseling services necessary for the Project, legal review of the - Construction Contract Documents, and such auditing se-rvices as the OWNER may require to account for expenditures of sums paid to -the CONTRACTOR(s) and others. 3.6 Furnish permits and approvals from all governmental authorities having jurisdiction over this Project and from others as may be necessary for completion of the Project. 3.7 Furnish above services at the OWNER's expense and in such manner that the ENGINEER may rely upon.them in the performance of its services under this Agreement. ` 3.8 Obtain bids or proposals from contractors for work relating to this Project and bear all costs relating thereto. 3.9 Protect and preserve all survey stakes and markers placed at the Project site prior to the assumption of this responsibility by the CONTRACTOR(s) and bear all the costs of replacing stakes or markers damaged or removed during said time interval.,. 3.10 Arrange full and free access for the ENGINEER to enter upon all property required for the performance of the ENGINEER's services under this Agreement. 3108 Page 11 of 22 3.11 Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any defect in the Project or other event which may substantially affect the ENGINEER's performance of services under this Agreement. 3.12 Compensate the ENGINEER for services rendered under this Agreement. 3108 Page 12 of 22 ARTICLE 4: GENERAL PROVISIONS 4.1 OWNERSHIP OF DOCUMENTS Master documents, including original drawings, estimates, specifications, field notes and data are and remain the property of the ENGINEER as instruments of service. The OWNER will be provided with one set of black line mylar "second originals" of the record :drawings after final acceptance. Copies of sketches,,,' notes, computations,'and other data will be furnished upon reque�t. The ENGINEER will be released and held harmless of any subsequent liabilities resulting from -extensions or enlargements I of the OWNER's "originals". r 4.2 DELEGATION OF DUTIES Neither the OWNER nor the ENGINEER shall delegate its duties under this Agreement without the written consent of the other. 4.3 TERMINATION This -Agreement may be terminated by_either party by -seven (7) days written -notice in the event.of substantial failure to perform in accordance with the terms of this Agreement by the other party_ through no fault of the terminating party. If this Agreement is terminated, the ENGINEER shall be paid for services performed to the termination notice date. 4.4 EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the OWNER and the ENGINEER. and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the OWNER and ENGINEER. 4.5 GOVERNING LAW Unless otherwise specified within this Agreement, this Agreement shall be governed by the law of the principal place of,business"of, the OWNER. 3108 Page 13 of 22 4.6 GENERAL 4.6.1 Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's employees and agents. 4.6.2 In the event any provisions of this Agreement shall be held to be invalid and unenforceable, the remaining provisions ;shall be valid and binding upon the parties. One or more waivers by either party of any provision, term, condition, or seovenant shall not be construed by the other party as a waiver of subsequent breach of the same by the other party. 4.6-.3 The ENGINEER has not been retained or compensated to provide design and construction review services relating to the CONTRACTOR (s) I safety precautions *or to means, methods, techniques, sequences, or procedures required for the CONTRACTOR(s) to perform work relating to the final or completed structure; omitted services include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. 4..6.4 The ENGINEER intends to render its services under this Agreement in accordance with generally accepted professional practices for the intended use of the Project. 4.6.5 Any opinion of the Construction Cost prepared by,the ENGINEER represents its judgment as a design professional and is supplied for the general guidance of the OWNER and funding agencies. Since the ENGINEER has no control over the cost of labor and material, or over competitive bidding or market conditions, the ENGINEER does not guarantee the accuracy of such Opinions as compared to CONTRACTOR(s) bids or actual cost to the OWNER. 3108 Page 14 of 22 ARTICLE 5: SPECIAL PROVISIONS 5.1 INSURANCE AND INDEMNITY 5.1.1 ENGINEER's Insurance - The'ENGINEER shall acquire and maintain statutory workers compensation insurance coverage, commercial general liability insurance coverage, and professional" liability insurance coverage. ENGINEER's current limits are: General Liability $2,006,000 per occurrence_ $4,000,000 per year r Professional Liability $1,000,000 per occurrence 5.1.2 CONTRACTOR's Insurance - Prior to the commencement of the work, the OWNER shall require the CONTRACTOR to submit evidence that it has obtained, for the period of the Construction Contract and the guarantee period, commercial general liability insurance coverage (including completed operations coverage).. This coverage shall provide for bodily injury and property -damage arising directly or -indirectly out of, or in -"connection with, the performance of the work under the Construction Contract, and have a limit of not less than $2,000,000 per occurrence -for all damages arising out of bodily injury, sickness_or"death -and property damage of others including explosion, collapse, and underground exposures. Included in such coverage will be contractual coverage sufficiently broad to insure provision of paragraph 5.1.4 "Indemnity". The commercial general liability insurance will include as additional named insureds: the OWNER; the ENGINEER; and each of the officers, agents, and employees. 5.1.3 Builders Risk "All Risk" Insurance - Before commencement of the work, the OWNER will require that the CONTRACTOR submit written evidence that it has obtained for the period of the Construction Contract, Builders Risk "All Risk" Completed Value Insurance Coverage (including earthquake and, flood) for any building which is the subject of the Construction Contract. Such insurance shall include as additional named insured: the OWNER; the ENGINEER; and each of their officers, agents, employees, and any other persons with an insurable interest as may be designated by the OWNER. 5.1.4 Indemnity - The OWNER will require that any CONTRACTOR performing work in connection with Drawings and Specifications produced under this Agreement, hold harmless, indemnify, and defend the OWNER and the ENGINEER~, their consultants, and each of their. officers, agents, and employees from any and all liability claims; 3108 Page 15 of 22 losses, or damage arising out of, or alleged to arise from, the CONTRACTOR's (or SUBCONTRACTOR's) negligence in the performance of the work described in the Construction Contract Documents, but not including liability that may be due to the sole negligence of the OWNER, the ENGINEER, their consultants, or their officers, -agents, and employees. 5.2 The ENGINEER shall proceed to furnish engineering slices on the Project promptly, without delay, after the Notice - to -Proceed has been given in writing by the OWNER. 5.3 The ENGINEER agrees to conduct the services in cokliance with all the requirements imposed by or pursuant to Title Vi of the Civil Rights Act of 1964, Part 21 of the Regulations,Pf the Secretary of Transportation and Executive Order No. 11246, "Equal Employment Opportunity" as supplemented in Department of Labor Regulations (41 CPR, Part 60); and agrees to comply with applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970; and will maintain an Affirmative Action Program, as required by regulations. 5.4 The ENGINEER agrees that the OWNER, the Federal Aviation Administration, the Comptroller General of the United States, or any of their duly authorized --representatives shall have access to any,books, documents, papers, and records of the ENGINEER which are directly pertinent to the specific grant program for the purpose of' making audit, examinations, excerpts, and transcriptions. The ENGINEER shall maintain .all required records for three (3) years after the OWNER makes final payment and all other pending matters are closed. 5.5 If any of the services outlined in this Agreement are furnished by the ENGINEER by obtaining such services outside the ENGINEER's organization, when requested by the OWNER the ENGINEER shall provide proposal(s) and/or contract(s) between the person(s) or firm(s) and the ENGINEER outlining the services to be performed and the charges for the same. 5.6 It is hereby understood and agreed that if the construction plans are completed in accordance with criteria and/or decisions made by the OWNER and/or the FAA and/or the State, and the said construction plans are substantially changed or revised, for any reason other than the fault of the ENGINEER in preparing same, then the ENGINEER shall be entitled to compensation for rendering the services necessary to complete the changes. 3108 Page 16 of 22 ARTICLE 6: SCHEDULE FOR DELIVERY OF WORK BY ENGINEER The ENGINEER shall accomplish the work with due diligence and complete the work as follows: 6.1 It is understood that the ENGINEER will proceed on the project after a Notice -to -Proceed from the OWNER. The schedule sIiall be as follows: Preliminary, Design and Contract Documents Phase!120 Calendar Days _ r 6.2. The Bidding and Negotiating Phase shall be scheduled as mutually agreed between the OWNER and the ENGINEER. 6.3 Construction progress will be monitored by the ENGINEER in an effort to keep the construction on schedule. The CONTRACTOR will be notified in writing when its progress falls behind its progress schedule. 6.4 The ENGINEER will endeavor to complete the work in accordance with the schedule, however, it will not be penalized for delays beyond its control' such as OWNER Is requirements, review periods, testing, adverse weather, surveying, war, Acts of God, etc. 3108 Page 17 of 22 ARTICLE 7: ENGINEERING CHARGES In accordance with the Terms and Conditions of this Agreement, the ENGINEER shall provide professional services for which the OWNER shall compensate the ENGINEER as follows: 7.1 Basic Services as defined in Article 1 as follows: 7.1.1 Reconstruct Runway 17R-35L KEEL (11,500 x 50') For services outlined in Articles 1.1,1.2 and 1.3. Design Phase and Bidding Phase, the Engineer will be compensated on a liimp sum basis. The lump sum fee for design and -bidding wily be $,323,060 unless a major change or addition to the scope of work is r quired or extensions of time for completion of the project is r quired (not caused by the Engineer) in which case an amendment to this agreement will be negotiated by the participating parties. The lump sum fee is based on a cost breakdown shown in Attachment "C". The fee includes preliminary design, design and contract documents and bidding and negotiations. Due to project phasing and anticipated alternates, the construction observation phase will be covered in an amendment to this agreement. 7.1.2 Payments of the lump sum amounts) shall be made in proportion to , services performed -for each. phase as requested by the ENGINEER and approved by the OWNER. 7.2 If* requested by the OWNER, the ENGINEER shall provide Additional Services for project scopes to be determined at a later date. Compensation for these services shall be negotiated between the OWNER and the ENGINEER prior to initiating. the work and will be covered by Amendments to this Agreement. Additional Services, as defined in Article 2.0 for TASK l.on Page 1 of this Agreement, as follows: 7.2.1 Reimbursables for Additional Services provided by or subcontracted by the ENGINEER shall be on a unit cost plus fixed fee basis. Compensation for these services shall be limited to a budget amount of $134,557 unless written authorization has been received from the Owner. The budget amount is based upon an estimated cost of $123,344 and a fixed fee of $11,213 as outlined in Attachment "C". 7.2.3 Resident Project Representative services as described in Attachment "A" shall be covered by an Amendment to this Agreement once the Project is in the Bidding Phase and, the construction contract time has been established. 3108 Page 18 of 22 7.2.4 The ENGINEER's hourly fee schedule for additional services on a unit basis shall be as shown on the attached fee schedule. 7.2.5 Engineering charges for Additional Services other than those outlined above shall be negotiated by the OWNER and the ENGINEER prior to initiating the Additional Work. 7.3 Progress payments shall be made in proportion to services rendered and as indicated within this Agreement and shall,be due and owing within thirty (30) days of the ENGINEER's submittal of its monthly statement. Past due amounts owed shall in6lude a charge at 1.5 percent per month. 7.4 If the OWNER fails to make monthly payments dice the ENGINEER, the ENGINEER may, after giving seven (7) days written notice to the OWNER, suspend services under this Agreement. 7.5 No deductions shall be made from the ENGINEER'S compensation on account of penalty, liquidated damages, or other items withheld from payments to Contractors. 7.6. Generally, hourly rates and direct costs are used with a not -to -exceed budget when the scope of work is hard to define or the ENGINEER's services are dependent upon the performance -of others as with SUBCONSULTANTs and CONTRACTORs. In the event the budget will be exceeded, the ENGINEER shall submit a request with justification to the OWNER for adjustment of the budget amount. 7.7 If the Project is delayed or if the ENGINEER's services for the Project are delayed or suspended for more than six (6) months for reasons beyond the ENGINEER's control, the ENGINEER may, after giving seven (7) days written notice to the OWNER, terminate this Agreement and the OWNER shall compensate the ENGINEER in accordance with the termination provision contained in this Agreement. 3108 Page 19 of 22 The following attachments are made apart of this agreement: Attachment A Resident Project Representative Attachment B Title VI Assurances Attachment C Estimated Work Hours and Summary of Fees Attachment D 1997 Fee Schedule Attachment E Subcontract Proposals This Agreement executed the day and year written below the Z)WNER'S signature on this page. - OWNER: FIA �/Zm 4 No. Windy Sittwn Mayor Date: May 22, 1997 Notary My Commission Expires l0vt�- ENGINEER: Delta Airport Consultants, Inc. 9101 Southern Pine Blvd., #140 Char-lotte—Nortbh_Carolina. 28273 Kenneth W . Mood, - P . E . Vice -President Date: 52/Z -5'7 4Lj�� 3. LA-N, ak 62asJ Notary My Commission Expires ATTEST: RY ANN M. WOOD ` NOTARY PUBLIC STATE OF" fEXAS My Commission Expi res 10-26-89 z> ayth Darnel"Vz�,� l City ecretary 3108 Page 20 of 22 -///B 12.ao1 CONTRACTOR CONTRACTUAL REQUIREMENTS TITLE VI ASSURANCES During the performance of this contract, 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 contract. 2. Nondiscrimination. The ENGINEER, with regard to the work performed by it during the contract, 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 contract 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 procurements 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 CONTRACTOR of the ENGINEER's obligations under this contract 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 an 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 contract, the Page 1 Sponsor shall impose such contract 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 contract until the ENGINEER complies, and/or (b) cancellation, termination, or suspension of the contract, 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. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ASSURANCES 1. Policy. It is the policy of the Department of Transportation (DOT) that minority business enterprises as defined in 49 CFR Part 26 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 minority business enterprises as defined in 49 CFR Part 26 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 26 to ensure that minority 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 SUBCONSULTANT AGREEMENT BETWEEN ENGINEER AND CONSULTANT FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT made as of , 2002, between DELTA AIRPORT CONSULTANTS, INC. (ENGINEER) and (CONSULTANT). ENGINEER has made an agreement dated , 2002 with (OWNER) which is herein referred to as the Prime Agreement and which provides for ENGINEER's furnishing professional services in connection with the Project described therein. ENGINEER hereby engages CONSULTANT to furnish for ENGINEER certain of those services in accordance with the terms and conditions of this Agreement. A copy of all portions of the Prime Agreement pertinent to CONSULTANT's responsibilities, compensation, and timing of services hereunder is attached, made apart hereof, and marked Exhibit "A". The Project is described in the Prime Agreement as follows: Services shall be partially performed at Airport and no access to the airport shall occur without ENGINEER's knowledge. Security training and access badges will (will not) be required. However, aircraft shall always have the right of way unless provisions have been made and confirmed by CONSULTANT that operational surfaces are closed to aircraft operations. The part of the Project for which CONSULTANT is to furnish services is hereinafter called "This Part of the Project" and is generally described as follows: Page 1 ENGINEER is the prime professional with respect to CONSULTANT's services to be performed under this Agreement and is responsible for coordinating CONSULTANT's services with the services of others involved in the Project. CONSULTANT is ENGINEER's independent consultant for This Part of the Project, responsible for the means and methods used in performing consulting services under this Agreement, and is not a joint -venturer with ENGINEER. ENGINEER and CONSULTANT agree as set forth below: SECTION 1 - SERVICES OF CONSULTANT CONSULTANT shall provide ENGINEER the consulting services described in detail in Section 1, of Exhibit "B", "Description of Consulting Services and Related Matters" within the time periods stipulated therein. Services will be paid for by ENGINEER as indicated in Section 5 hereof. The CONSULTANT shall at CONSULTANT's own expense obtain all data and information (other than that referred to in paragraphs 3.1 and 3.2) necessary for the performance of his services. CONSULTANT is responsible to see that the documents prepared by CONSULTANT and the services CONSULTANT renders hereunder conform to the regulations, codes, and special requirements of the place where the Project is located. All of CONSULTANT's communications to or with OWNER or ENGINEER's other consultants will be through or with the knowledge of ENGINEER. SECTION 2 - ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by ENGINEER, CONSULTANT shall furnish Additional Services which are in addition to Section 1 Services. As further Additional Services are requested by ENGINEER, this Agreement will be supplemented to describe them and indicate the method of compensation therefor. SECTION 3 - ENGINEER'S RESPONSIBILITIES 3.1 Provide all criteria and full information as to OVNER's requirements for This Part of the Project. 3.2 Place at CONSULTANT's disposal Drawings, Specifications, schedules, and other information which were prepared by ENGINEER, or by others which is available to ENGINEER, and which ENGINEER considers pertinent to CONSULTANT's responsibilities hereunder, on all of which CONSULTANT may rely in performing services hereunder except as may be specifically noted otherwise in writing. Page 2 3.3 Request OWNER to make all provisions for CONSULTANT to enter upon public and private property as required for CONSULTANT to perform services under this Agreement. 3.4 Give prompt written notice to CONSULTANT whenever ENGINEER observes or otherwise becomes aware of any development that affects the scope or timing of CONSULTANT's services. 3.5 Bear all costs incident to compliance with the requirements of this Section 3. SECTION 4 - PERIOD OF SERVICE CONSULTANT recognizes that the services of ENGINEER and others involved in the Project are dependent upon the timely performance of CONSULTANT's services. The dates by which the various aspects of CONSULTANT's Services are to be completed are set forth in Exhibit "B", "Description of Consulting Services and Related Matters". SECTION 5 - PAYMENTS TO CONSULTANT 5.1 Method of Compensation. ENGINEER shall pay CONSULTANT for Services rendered under Section 1 as more particularly described in Exhibit "B", "Description of Consulting Services and Related Matters". 5.2 Times of Payment. Payments to CONSULTANT shall be made in accordance with this paragraph 5.2. 5.2.1 CONSULTANT may submit monthly statements for Services rendered and for Reimbursable Expenses incurred. 5.2.2 If ENGINEER objects to any statement submitted by CONSULTANT, ENGINEER shall so advise CONSULTANT in writing giving reasons therefor within fourteen (14) days of receipt of such bill. ENGINEER shall bill OWNER monthly on account of CONSULTANT's services and expenses and shall pay CONSULTANT within fourteen (14) days of the time ENGINEER receives payment from OWNER on account therefor. It is intended that payments to CONSULTANT will be made as ENGINEER is paid by OWNER under the Prime Agreement and that ENGINEER shall exert reasonable and diligent efforts to collect prompt payment from OWNER. 5.3 Reproductions and Information. 5.3.1 CONSULTANT shall at CONSULTANT's expense furnish ENGINEER copies of all progress reproductions and information required by ENGINEER for performance of ENGINEER's services under the Prime Agreement or for review of CONSULTANT's services while in progress. Page 3 5.3.2 ENGINEER shall at ENGINEER's expense furnish information and progress reproductions of ENGINEER's work and that of others assigned to the Project as may be required for the orderly performance of CONSULTANT's services. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Termination. 6.1.1 The obligation to provide further services under this Agreement may be terminated by CONSULTANT upon seven (7) days' written notice to ENGINEER in the event of substantial failure by ENGINEER to perform in accordance with the terms hereof through no fault of CONSULTANT. It may also be terminated by ENGINEER with or without cause, upon seven (7) days' written notice to CONSULTANT. In the event of any termination, CONSULTANT will be paid for services rendered to the date of termination plus unpaid Reimbursable Expenses. 6.1.2 This Agreement will terminate automatically upon termination of the Prime Agreement. ENGINEER will promptly notify CONSULTANT of such termination. 6.2 Records. 6.2.1 Records of CONSULTANT's Direct Labor Costs, Payroll Costs, and Reimbursable Expenses pertaining to This Part of the Project will be kept on a generally recognized accounting basis and made available to ENGINEER on request. 6.2.2 CONSULTANT shall maintain all design calculations on file in legible form. A copy of these shall be available to ENGINEER at ENGINEER's expense and the originals shall not be disposed of by CONSULTANT until after sixty (60) days' prior written notice to ENGINEER. 6.3 Insurance. 6.3.1 ENGINEER and CONSULTANT shall each procure and maintain insurance for protection from claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees, or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom. 6.3.2 Also ENGINEER and CONSULTANT shall each procure and maintain professional liability insurance for protection from claims arising out of performance of professional services caused by any negligent error, omission, or act for which the insured is legally liable; such professional liability insurance will provide for coverage in such amounts, with such deductible provisions, and for such periods of time as set forth in Exhibit "A"; and certificates indicating that such insurance is in effect will be provided by CONSULTANT. Page 4 6.3.3 Indemnification provisions as included in Exhibit "A" will be applicable to CONSULTANT for services provided by CONSULTANT. 6.4 Controlling Law. This Agreement is to be governed by the law of the principal place of business of OWNER. 6.5 Successors and Assigns. 6.5.1 ENGINEER and CONSULTANT each is hereby bound, and the partners, successors, executors, administrators, assigns, and legal representatives of each are bound, to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives of such other party, in respect to all covenants, agreements, and obligations of this Agreement. 6.5.2 Neither ENGINEER nor CONSULTANT shall assign, sublet, or transfer any rights under or interest in (including, but without limitation, moneys that may become due, or moneys that are due) this Agreement without the written consent of the other. 6.5.3 Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than ENGINEER and CONSULTANT. SECTION 7 - SPECIAL PROVISIONS, EXHIBITS, AND SCHEDULES 7.1 Special Provisions. This Agreement is subject to the following special provisions: 7.1.1 7.2 Exhibits and Schedules. The following Exhibits are attached to and made a part of this Agreement: 7.2.1 Exhibit "A" - Copy of portions of Prime Agreement consisting of pages. 7.2.2 Exhibit "B" - "Description of Consulting Services and Related Matters" consisting of pages. 7.2.3 7.3 This agreement (consisting of pages 1 to , inclusive) together with the Exhibits identified above constitute the entire agreement between ENGINEER and CONSULTANT and supersede all prior written or oral understandings. This Agreement and said Exhibits and schedules may only be amended, supplemented, modified, or canceled by a duly executed written instrument. Page 5 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. ENGINEER Delta Airport Consultants, Inc. 7333 Whitepine Road Richmond, Virginia 23237 Kenneth W. Brammer, P.E. Date: Notary: Kathy G. Pettus My Commission Expires 11/30/06 Page 6 CONSULTANT (Consultant's Signature) Date: Notary: My Commission Expires EXHIBIT "B" DESCRIPTION OF CONSULTING SERVICES AND RELATED MATTERS I. SCOPE OF SERVICES as follows: 1.1 Surveying Services as outlined in ENGINEER's letter dated and CONSULTANT's letter dated , both of which follow this Exhibit "B". 1.2 Geotechnical Services as outlined in ENGINEER's letter dated and CONSULTANT's letter dated , both of which follow this Exhibit 'B". 1.3 Services as outlined in ENGINEER's letter dated CONSULTANT's letter dated , both of which follow this Exhibit "B". 2. COMPENSATION FOR SERVICES shall be 3. SCHEDULE FOR COMPLETION OF SERVICES shall be and 4. INSURANCE shall be maintained by ENGINEER and CONSULTANTS in amounts to agree with OWNER's requirements as outlined in the Prime Agreement. t _Ptl R it TIH R TOR 11. OFFICE (806) 372-4911 PROFESSIONAL TESTING & INSPECTION P.O. BOX 306 FAX: (806) 372-5552 CHEMICAL & MATERIALS TESTING AMARILLO, TEXAS 791 July 26, 2002 RECEIVED JUL 3 12002 Delta Airport Consultants, Inc. Delta Airport % Sheri Edwards -Holloway, P.E. Consultants -TEXAS 3701 Executive Center Drive, Ste 265 Austin, Texas 78731 Re: Lubbock International Airport Runway 17R-35L Exit Taxiway - Lubbock, Texas Dear Mrs. Holloway: This letter is in response to our phone conversation this morning regarding estimated technician time charges for the above mentioned project. The breakdown for the technician time in our proposal dated July 19, 2002 is as follows: 129 days @ 10 hours/day = 8 hours/day @ $40/hour = $320.00 = 2 hours/day @ $60/hour = $120.00 (overtime) $440.00 129 days X $440.00 per day = $56,760 21 days @ 24 hours/day (*) = 8 hours/day @ $40/hour = $320.00 = 4 hours/day @ $60/hour = $240.00 $560.00 2 shifts of 12 hours for 21 days 2 Shifts (12 hours) X 21 Days X $560.00.per day = $23,520.00 *We normally like to keep the same technician (one) on the job in order to have one person in control, who is familiar with the project and with the contractors personnel. In order to reduce the possible areas of confusion or miscommunication we would prefer to use no more than two technicians. Since one technician could not handle 24 hours a day for 21 days we wanted to use 2 (two) technicians @ 12 hours shifts. CONCRETE BRICK & BLOCK 0 SOILS 0 ASPHALT Ht -PtItR 0 tt 11 G Lfl80Rfli0Ry, IBC. OFFICE (806) 372-4911 PROFESSIONAL TESTING & INSPECTION P.O. BOX 306 FAX: (806) 372-5552 CHEMICAL & MATERIALS TESTING AMARILLO, TEXAS 791: During our conversation you stated that you felt the work could be performed in 8 hour work days at a 40 hour work week. You also stated you felt we should probably utilize 3 - 8 hour shifts for the 21 days of 24 hour work. with this in mind a cost proposal for technician time is as follows: 129 days @ 8hours/day @ S40/hour = $41,280.00 21 days @ 3 shifts of 8 hours/day @ $40/hour = $20,160.00 Estimated Total Time = $61,440.00 We feel the 2-12 hour shift'c thrill viork hotter for t!!a 24 hour days. If ,rde do ccc,,r overtime in the estimated 129-8 hour days the cost will be $60/hour. ~ I hope this information is helpful and look forward to working with Delta on this project. If you have any questions or if I can be of further assistance, please do not hesitate to call. [IV submitted, P.E. Michael D. Copeland, P.E. CONCRETE BRICK BLOCK SOILS ASPHALT Rug 19 2002 10:14AM DYESS PETERSON TESTING 806 3725552 P.2 MEMBER OF: � TO% ■ Ama�ttlP.0. sm Arwrown SchM For TeadG Melaa 6e9724att *FOX (8N) V�rat6UKS-�TRH� 11 a LAbott,7axas 79424 Amerw We rg SodeV 9853 4kh SOW Amarlan gwl* d OW Englnars PROFESSIONAL TVffrINQ (M) 785.8378 ► Fax (SM) 7e5-1 PH Tex" Qtwnall or Emoratdng Lzbmiorla August 18, 2002 Delta Airport Consultants, inc. % Sheri Edwards-Holiowey, P.E. 3701 EXecutive Center Drive, Ste 265 Austin, Texas 78731 Re: Lubbock International Airport Runway 17R-35L Exit Taxiway Project - Lubbock, Texas Dear Mr. Holloway: In our last conversation you asked that we provide a cost estimate to provide concrete coring to measure thickness for the runway at the above mentioned provide. It Is our bellel' the coring will be performed all at the same time once the concrete work for the runway is complete. it Is also our belief the cores will be 4" in diameter and approximately 1411 In length. The cost to perform this coring would be S160.00 for each core based on the above mentioned dimensions. I hope this information Is helpful In you decision making and if you have any questions or if I can be of further assistance, please do not hesitate to call. Respectfully submitted, Michael D, Copelan , P.E.