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HomeMy WebLinkAboutResolution - 5185 - Agreement - Parkhill Smith & Cooper Inc - Signage & Graphics, LIA - 05/23/1996RESOLUTION NO.5185 May 23, 1996 Item 412 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: i THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to ' I execute for and on behalf of the City of Lubbock an Agreement with Parkhill, Smith & Cooper, j Q Inc. for engineering services in conjunction with improvements for signage and graphics at the ! 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 herein in detail. i Passed by the City Council this 23rd of May , 1996. 1 APPROVED AS TO CONTENT: %'�11%WCr G�'c�riC.Cr Mark N. Earle, Aviation Mdnager APPROVED AS TO FORM: 4L4�& ' arold WilUrZt, Assistant City Attorney DGV Js/A-PHS&C.RES ccdocs/April 30, 1996 RESOLUTION Na. 5184 May 23, 1996 Item #12 AGREEMENT TTY OF LUBBQCK. TEXAS AND P,A,RKHILL. SMITH & COOPER. INC. FOR ENGINEERING SERVICES THIS IS AN AGREEMENT made and entered into by and between CITY OF LUBBOCK, hereinafter called the "Owner," and PARKHILL, SMITH & COOPER, INC., Engineers -Architects -Planners, hereinafter called the "Engineer," of 4010 Avenue R, Lubbock, Texas, a corporation which is duly chartered under the laws of the State of Texas. RECITALS Owner intends to construct improvements for signage and graphics at Lubbock International Airport. Such improvements are hereinafter called the Project, CONTRACTUAL UNDERTAKINGS SECTION TITLE PAG Section I Employment of Engineer I-1 Section II Character and Extent of Services II -1 Section III Authorization of Services III -1 Section IV Period of Service TV -1 Section V Owner's Responsibilities V-1 Section VI The Engineer's Basic Compensation VI -1 Section VII Special Assignments and Services Not Included in Basic Compensation VII -1 Section VIII Revision to Drawings and Specifications VIII -1 Section IX Ownership of Documents IX -1 Section X Termination X-1 Section XI Hazardous Materials XI -I Section XII Addresses of Notices and Communications XII -1 Section XIII Section Captions XIII -1 Section XIV Successors and Assigns XIV -1 Exhibit A Duties, Responsibilities and Limitations of the Authority of the Resident Project Representative A-1 Exhibit B General Project Scope B-1 SECTION I EMPLOYMENT OF ENGINEER The Owner agrees to employ the Engineer and the Engineer agrees to perform professional engineering services in connection with the Project as stated in the Sections to follow, and for having rendered such services, the Engineer shall be paid compensation from the Owner as stated in the Sections to follow. The professional engineering services shall include normal civil, structural, mechanical and electrical engineering services and normal architectural services incidental thereto. I- 1 SECTION II CHARACTER AND EXTENT OF SERVICES A. PRELIMINARY PHASE Upon execution of this Agreement, authorization is hereby given to proceed with the Preliminary Phase. The Preliminary Phase consists of the Programming and Schematic Design Sub -Phases. The Engineer shall: (1) Attend preliminary conferences with the Owner and other interested parties regarding the Project. (2) Establish the scope, and advise the Owner, of any special investigations or surveys or special testing which, in the opinion of the Engineer, may be required for the proper execution of the Preliminary 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 therefor is not included in the Basic Charge; 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 Section VII. (3) Perform preliminary engineering services in connection with the Project in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the Owner, to include preliminary layouts, sketches and opinions of probable costs for the Project, and to set forth clearly the Engineer's recommendations. (4) When a written report is prepared, furnish the Owner five (5) copies of the preliminary report, including preliminary layouts, sketches and opinions of probable cost. (5) The Programming Sub -Phase will consist of the following primary elements. - Data Collection, - Data Analysis, - Data Organization and development of concepts, - Communication of data and concepts, and - Evaluation of the resulting program. It is the intent of the Programming Sub -Phase that the needs, aspirations, goals, organization and procedures of the Owner and users will be identified and settled upon as related to signage and graphics for the airport. The general scope of the Project is identified in Exhibit B to this Agreement. The performance of the Programming Sub -Phase is not a part of the Engineer's Basic Services, and compensation therefor is not included in the Basic Charge; the services may be performed by the Engineer, by agreement with the Owner, in which case compensation shall be determined by the applicable portions of Section VII. (6) The Schematic Design Sub -Phase will consist of the following primary elements. - Review the program developed in the Programming Sub -Phase with the Owner to ascertain the requirements of the Project and arrive at a mutual understanding of such requirements with the Owner. - Prepare a preliminary evaluation of the program, schedule and construction budget requirements, each in terms of the other. - Review with the Owner alternative approaches to design and construction of the Project. - Based on the mutually agreed-upon program, schedule and construction budget requirements, prepare for approval by Owner Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. - Submit to the Owner a preliminary Opinion of Probable Construction Cost based on current area, volume or other unit costs. B. DESIGN PHASE After written authorization to proceed with the Design Phase (which includes the Design Development and Construction Documents Sub -Phases), on the basis of accepted preliminary phase documents, the Engineer shall: (1) Establish the scope and advise the Owner of any special investigations or surveys or special testing 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 therefor is not included in the Basic Charge; 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 Section VII. (2) Furnish to the Owner, where required by the circumstances of the assignment, the engineering data necessary for applications for routine permits by local, State and Federal authorities, as distinguished from detailed applications and supporting documents for II -2 government grants-in-aid, or for planning advances or to meet the requirements of special programs of the Federal Government. (3) Arrange with the Owner for field surveys to collect information which, in the opinion of the Engineer, is required in the design of the Project. The performance of field surveys is not a pan of the Engineer's Basic Services, and compensation therefor is not included in the Basic Charge; the surveys may be performed by the Engineer, by agreement with the Owner, in which case compensation shall be determined by applicable portions of Section VII. (4) Prepare detailed specifications and contract drawings, pencil on paper, for construction authorized by the Owner. These designs shall in all respects combine the application of sound engineering principles. (5) Prepare detailed opinions of probable costs and proposals of authorized construction, which shall include summaries of bid items and quantities which will be based, wherever practical, on the unit price system of bidding. The Engineer shall not be required to guarantee the accuracy of these estimates. (6) Furnish to the Owner all necessary copies of contract documents, including plans and specifications required for review by Owner and regulatory agencies. All sets of plans and specifications in excess of five are to be paid for separately under Section VII. (7) The Design Development Sub -Phase will consist of the following primary elements: - Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, engineering, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. - Advise the Owner of any adjustments to the preliminary Opinion of Probable Construction Costs. (8) The Construction Documents Sub -Phase will consist of the following primary elements: - Based on the approved Design Development Documents and any further adjustments in the scope of quality of the Project or in the construction budget authorized by the Owner, prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements of the Project. II -3 - Assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract and the form of Agreement between the Owner and Contractor. - Advise the Owner of any adjustments to previous preliminary Opinions of Probable Construction Costs indicated by changes in requirements or general market conditions. - Assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. C. BIDDING PHASE After written authorization to proceed with the Bidding Phase, the Engineer shall: (1) Assist the Owner in the advertisement of the Project for bids. (2) Conduct a pre -bidding conference if the scope and complexity of the Project requires. (3) 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, including postage, in excess of twenty-five (25), required for bidding purposes are to be paid for separately under Section VII. (4) Assist the Owner in the opening and tabulation of bids for construction of the Project, and recommend to the Owner the proper action on all proposals received. (5) Assist in the preparation of formal Contract Documents. D. CONSTRUCTION PHASE During the Construction Phase, the Engineer shall: (1) Conduct a pre -construction conference if the scope and complexity of the Project requires. (2) Make periodic visits to the site (as distinguished from the continuous services of a Resident Project Representative described in Subparagraph 4 below) to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents. In performing this service, the Engineer will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work or material; he will not be responsible for the techniques and sequences of construction or the safety precautions incident thereto; and he will not be responsible or liable in any degree for the Contractor's failure to perform the construction work in accordance with the Contract Documents. During visits to the construction site, and on the II -4 basis of the Engineer's on-site observations as an experienced and qualified design professional, he will keep the Owner informed of the extent of the progress of the work, and advise the Owner of material and substantial defects and deficiencies in the work. (3) Consult and advise with the Owner; make recommendations to the Owner regarding materials and workmanship; and prepare and issue change orders with Owner's approval. Routine change orders, such as substitution of material or equipment and extension of time are considered a part of the Basic Services, therefore no extra charge will be made for these services. However, change orders requested by the Owner, or made necessary by changed site conditions, shall be considered special services and shall be paid for as specified in Section VII. (4) If specifically authorized by Owner in writing, furnish the services of Resident Project Representatives and other field personnel for continuous on -the -site observation of construction and for the performance of required construction layout surveys. Furnishing the services of a Resident Project Representative is not a part of the Engineer's Basic Services, and compensation therefor is not included in the Basic Charge; if provided, compensation shall be determined under Section VII. The authority and duties of such Resident Project Representatives shall be limited to examining the material furnished and observing the work done and to reporting their findings to the Engineer. The Engineer will use the usual degree of care and prudent judgment in the selection of competent Project Representatives, and the Engineer will use its best efforts to see that the Project Representatives are on the job to perform their required duties. It is agreed, however, that the Engineer does not underwrite, guarantee or insure the work done by the Contractor. Failure by any Project Representative or other personnel engaged in on -the -site observation to discover defects or deficiencies in the work of the Contractor shall not relieve the Contractor for liability therefor or subject the Engineer to any liability for any such defects or deficiencies. (5) Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the Contractor is required to submit for compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. (b) Based on the Engineer's on-site observations as an experienced and qualified design professional and on its review of the Contractor's applications for payment and the accompanying data and schedules, determine the amounts owing to the Contractor and 11-5 approve in writing payments to the Contractor in such amounts; such approvals of payment will constitute a representation to Owner, based on such observations and review, that the work has progressed to the point indicated and that, to the best of the Engineer's knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the work as a functioning Project upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any qualifications stated in the Engineer's approval). By approving an application for payment, Engineer will not be deemed to have represented that it has made any examination to determine how or for what purpose any Contractor has used the monies paid on account of the Contract Price or that title to any of the Contractor's work, materials or equipment has passed to Owner free and clear of any lien, claims, security interests or encumbrances. (7) Conduct, in company with the Owner, a final inspection of the Project for compliance with the Contract Documents and make recommendations to the Owner regarding completion of the Project. (8) Revise contract drawings, with the assistance of the Resident Project Representative, to provide record drawings of the completed Project and furnish one set of prints to the Owner. The Engineer will exercise the usual degree of care in preparing these drawings, but the Engineer shall not be required to guarantee the accuracy of the record drawings. Compensation for record drawings is not part of Basic Charge and shall be determined as described under Section VII. Mylar prints of the revised contract drawings shall he furnished the Owner as specified in Section IX. Ii -6 SECTION III AUTHORIZATION OF SERVICES The Engineer shall be authorized to proceed with Preliminary Phase services for the Project upon execution of this Agreement. The Owner's written authorization shall be obtained prior to the Engineer proceeding with each subsequent phase of services. SEC'T'ION TV PERIOD OF SERVICE The provisions of this Agreement and the various rates of compensation for Engineer's services provided for herein have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of the Construction Phase, The Engineer's obligation to render services hereunder will extend for a period which may reasonably be required for the design, award of contracts and construction of the Project, including extra work and required extensions thereto. If the Engineer's services for design or during construction of the Project are delayed or suspended in whole or in part by Owner for more than three months for reasons beyond Engineer's control, Engineer shall on written request to Owner (but without termination of this Agreement) be paid for services performed to date as provided in Section X for the services delayed or suspended. If such delay or suspension extends for more than one year for reasons beyond Engineer's control, or if Engineer for any reason is required to render services after December 31, 1997, the various rates of compensation provided for elsewhere in this Agreement shall be subject to renegotiation. SECTION V OWNER'S RESPONSIBILITIES A. GENERAL The Engineer shall hold periodic conferences with the Owner, or its representatives, in order to obtain full benefit of the Owner's experience and knowledge of existing needs and facilities and be consistent with its current policies and construction standards. B. OWNER'S RESPONSIBMMES The Owner shall: (1) Provide full information as to its requirements for the Project. (2) Assist Engineer by placing at its disposal all available reports and any other data relative to design and construction. (3) Furnish to Engineer, as required by Engineer for performance of its Basic Services, data prepared by or services of others, such as core borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; property, boundary, easement, right -0f --way, topographic and utility surveys and property descriptions; zoning and deed restrictions; and other special data or consultations not covered in Section VII; all of which Engineer may rely upon in performing its services. (4) Guarantee access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform its services. (S) Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by Engineer, obtain advice of an attorney, insurance counselor and other consultants as Owner deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Engineer. (b) Pay all costs, including but not limited to, advertising, reproduction and blueprinting incident to obtaining bids or proposals from contractors. (7) Provide such legal, accounting, independent cost estimating and insurance counseling services as may be required for the Project and such auditing service as Owner may require to V-1 ascertain how or for what purpose any contractor has used the monies paid to him under the construction contract. (8) Designate in writing a person to act as Owner's representative with respect to the work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to materials, equipment, elements and systems pertinent to Engineer's services. (9) Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of any defect in the Project. (10) Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. (11) Furnish, or direct Engineer to provide, necessary Additional Services as stipulated in Section VII of this Agreement or other services as required. (12) Bear all costs incident to compliance with the requirements of this Section V. V-2 E TI N VI THE ENGINEER'S BASIC COMPENSATION For and in consideration of the services to be rendered by the Engineer, the Owner shall pay, and the Engineer shall receive the compensation hereinafter set forth, for the Preliminary, Design, Bidding and Construction Phases of the work. All remittances by Owner of such compensation shall either be mailed or delivered to Parkhill, Smith & Cooper, Inc., 4010 Avenue R, Lubbock, Texas 79412. Should Owner fail to make payment to the Engineer of the sum named in any partial or final statement when services have been rendered and payment is past due for more than 30 days, then the Owner shall pay to the Engineer, in addition to the sum due for such services, interest thereon at the rate of one percent per month from the date due, as provided herein, until fully paid, which shall fully liquidate any injury to the Engineer arising from such delay in payment. The right is expressly reserved to the Engineer in the event payments are not promptly made as provided herein at any time thereafter to treat the Agreement as terminated by the Owner and recover compensation as provided by Section X of this Agreement. A. PRELIMINARY PHASE Payment for services in the Preliminary Phase shall be made to the Engineer in a lump sum amount of EiLyhteen Thousand Four Hundred Eighty Dollars ($18.480.00) Partial payments for services in the Preliminary Phase shall be made monthly in proportion to that part of the services in the Preliminary Phase which has been accomplished, and Engineer shall submit monthly statements to the Owner for such payments. Final payment for services in the Preliminary Phase shall be payable upon submission to the Owner of the required report, sketches and estimates, and upon Owner's acceptance, which shall be within 30 days after submission. B. DESIGN PHASE Payment for services in the Design Phase shall be made to the Engineer in a lump sum amount of Fifty -Five Thousand Three Hundred Seventy Dollars ($55.370.00) Partial payments for services in the Design Phase shall be made monthly in proportion to that part of the services in the Design Phase which has been accomplished, and Engineer shall submit statements VI - 1 to the Owner for such payments. Final payment for services authorized in the Design Phase shall be due upon the completion of these services. C. BIDDING PHASE Payment for services in the Bidding Phase shall be made to the Engineer in the lump sum amount of Five Thousand Five Hundred & Thirty Dollars 05.530.001 _ This sum will be paid to the Engineer upon completion of the Bidding Phase, including the preparation of Contract Documents; or if no contract is awarded, upon the refusal by the Owner to award a contract. D. CONSTRUCTION PHASE Payment for services in the Construction Phase shall be made to the Engineer in a lump sum amount of Sixteen Thousand Six Hundred Twenty Dollars 1 2 . This sum will be paid in monthly installments in proportion to the construction work completed, on the basis of the Engineer's estimates prepared for monthly payments to Contractor, plus the actual value of all materials and equipment purchased or furnished directly by the Owner for the Project. Upon completion of all work authorized in the Construction Phase, the Engineer will be paid the remainder of the charge for this Phase. In the event the time required for construction exceeds the time of construction, as allowed in the Contract Documents, by more than 30 days, the Owner shall compensate the Engineer for all services rendered after the 30th day in accordance with the schedule for Special Services in Section VII. VI -2 SECTION VII SPECIAL ASSIGNMENTS AND SERVICES NOT INCLUDED IN BASIC COMPENSATION A. ADDITIONAL SERVICES Engineer shall furnish or obtain from others additional services and special assignments of the following types which are not considered normal or customary Basic Services. SERVICES (1) Field Surveys to collect information required for design, including photogrammetry and related office computations and drafting. (2) Studies, tests and process determinations to establish basis of design for water and waste treatment facilities. (3) Services of a Resident Project Representative and other field personnel, as required, for on -the -site observation of construction; and for construction layout surveys. (4) Land surveys, and establishment of boundaries and monuments, and related office computations and drafting. (5) Preparation of property or casement descriptions. (6) Preparation of any special reports required for marketing of bonds. (7) Small design assignments (estimated construction cost less than $100,000) not included in the authorized Basic Services, (8) Appearance before regulatory agencies. (9) Assistance to the Owner as an expert witness in any litigation with third parties arising from the development or construction of the Project, including preparation of engineering data and reports. (10) Special investigations involving detailed consideration of operation, maintenance and overhead expenses; preparation of rate schedules, earnings and expense statements; special feasibility studies; appraisals; valuations; and material audits or inventories required for certification of force account construction performed by the Owner. (11) Soil and foundation investigations, including field and laboratory tests, borings, related engineering analysis and recommendations. VII - I (12) Detailed mill, shop and/or laboratory inspection of materials and equipment. (13) Travel and subsistence required of the Engineer and authorized by the Owner to points other than Owner's office and Project site. (14) Additional sets of contract documents and blueline print copies of drawings. (15) Preparation of applications and supporting documents for government grants, planning advances or to meet the requirements of special programs of the Federal Government. (16) Preparation of environmental statements and assistance to Owner in preparing for and attending public hearings. (17) Plotting, computing and filing plats of subdivisions; staking of lots; and related land planning and partitioning functions. (18) Revisions to contract drawings to provide record drawings of the completed contract. (19) Service after issuance of Certificate of Completion. (20) Services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify accuracy of drawings or other information furnished by Owner. (21) Preparation of operating instructions and manuals for facilities and training of personnel and assistance in operation of facilities. (22) Providing renderings or models for Owner's use. (23) Preparing documents for alternate bids requested by Owner for work which is not executed or documents for out -of -sequence work. (24) Services in connection with change orders to reflect changes requested by the Owner or changes made necessary by changed site conditions, and services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortage. (25) Any other special or miscellaneous assignment specifically authorized by Owner. The duties and responsibilities and the limitations on the authority of the Resident Project Representative and assistants are set forth in Exhibit A which is a part of this Agreement. B. PAYMENT Payments to the Engineer for authorized additional services and special assignments which are not included in Basic Services will be made monthly, by the Owner, upon completion of work and presentation of monthly statements by the Engineer for such services in accordance with the following schedule. VII -2 Parkhill, Smith & Cooper, Inc.: Principal/Project Manager $ 95.00 per hour Project Engineer/Project Architect $ 75.00 per hour Design Engineer/Design Architect $ 60.00 per hour Engineer-in-Training/Architect Intern $ 50.00 per hour Drafter/CADD $ 45.00 per hour Clerical $ 35.00 per hour Sr. Resident Project Representative $ 54.00 per hour Resident Project Representative $ 4$.00 per hour Gensler and Associates Architects: Principal $ 118.00 per hour Project Architect $ 85.00 per hour Design Architect (Graphics) $ 75.00 per hour Architect Intern $ 50.00 per hour Technical/Design Support $ 60.00 per hour Clerical $ 35.00 per hour The above schedule shall be adjusted for any Special Assignments required after December 31, 1997 in accordance with the following formula. ARC = IRC x c Where ARC = Adjusted Rate of Compensation IRC = Initial Rate of Compensation c = Consumer Price Index - U.S. Average published by the Department of Labor at the time of adjustment. * CPI at time of negotiation = 154.9 (February 1996) VII -3 Reimbursable expenses are defined as actual expenses incurred directly or indirectly in connection with the Special Assignments for: transportation and subsistence; toll telephone charges; reproduction; surveying; computer time; subsurface testing; soil testing and services of outside consultants. Reimbursement for these expenses shall be at cost plus a 15 percent service charge. Certain lump sum items have been identified as Additional Services to this Agreement and are included herein as services which may be authorized by the Owner as Additional Services. 'Riese services are not considered to be normal and customary Basic Services. (1) Programming Sub -Phase (2) Project and document coordination with FAA requirements and certifications (3) Preliminary Design Review Meeting (4) Final Design Review Meeting VII -4 Lump Sum Fee $ 11,450.00 Lump Sum Fee $ 3,350.00 Lump Sum Fee $ 1,900.00 Lump Sum Fee $ 1,900.00 SECTION VIII REVISIONS TO DRAWINGS AND SPE IFICATIONS The Engineer will make, without expense to the Owner, such revisions of the preliminary drawings as may be required to meet the needs of the Owner, but after a definite plan has been approved by the Owner, if a decision is subsequently made by the Owner which, for its proper execution, involves extra services and expenses for changes in, or additions to the drawings, specifications or other documents, or if the Engineer is put to labor or expense by delays imposed on him from causes not within his control, such as by (but not limited to) the readvertisement of bids or by the delinquency or insolvency of Contractor, the Engineer shall be compensated for such extra services and expense, which services and expense shall not be considered as covered by the Basic Charges stipulated in this Agreement. Compensation for such extra services shall be in accordance with the schedule in Section VII. VIII - 1 SECTION IX OWNERSfIIP OF DOCUMENTS Original documents, plans, designs and survey notes developed in connection with services performed hereunder belong to and remain the property of the Engineer. The Engineer shall furnish to the Owner one set of prints of the original drawings printed on Mylar (or equal) film when requested by the Owner. Compensation for the Mylar prints is not a part of the Basic Charge. The compensation shall be determined in accordance with the schedule for Special Services in Section VII. It is agreed the Owner will use the prints solely in connection with the Project, save with the express consent of the Engineer. SECTION X TERMINAUQN Either party to this Agreement may terminate the Agreement by giving to the other seven days notice in writing. Upon delivery of such notice by the Owner to the Engineer, and upon expiration of the seven-day period, the Engineer shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the Engineer shall submit to the Owner a statement showing in detail the services performed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed charges which the services actually performed under this Agreement bear to the total services called for under this Agreement, less such payments on account of the charges as have been previously made. Copies of all completed or partially completed designs, plans and specifications prepared under this. Agreement shall be delivered to the Owner when and if this Agreement is terminated, but subject to the restrictions, as to their use, as set forth in Section IX. FM SECTION XI HAZARDOUS MATERIALS It is acknowledged by both parties that the Engineer's scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event the Engineer or any other party encounters asbestos or hazardous or toxic materials at the jobsite, or should it become known in any way that such materials may be present at the jobsite or any adjacent areas that may affect the performance of the Engineer's services, the Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the Project until the Owner retains appropriate specialist consultants or contractors to identify, abate and/or remove the asbestos, hazardous or toxic materials and warrant that the jobsite is in full compliance with applicable laws and regulations. RM SECTIO ADDRESSES OF NOTICES AND COMMUNICATIONS All notices and communications under this Agreement to be mailed or delivered to Engineer shall be to the following address: PARKHILL, SMITH & COOPER, INC. 4010 Avenue R Lubbock, Texas 79412 Attention: Terry G. Bilderback All notices and communications under this Agreement to be mailed or delivered to the Owner shall be to the following address: CITY OF LUBBOCK Lubbock International Airport Route 3 Box 389 Lubbock, Texas 79401 Attention: Mark Earle .-1W SECTION CAPTIONS Each Section under the contractual undertakings has been supplied with a caption to serve only as a guide to the contents. The caption does not control the meaning of any Section or in any way determine its interpretation or application. ""IM AA• SUCCESSORS AND ASSIGNS The Owner and the Engineer each binds itself and its successors, executors, administrators and assigns to the other party to this Agreement and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as above, neither the Owner nor the Engineer shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. EXECUTED in 2 counterparts (each of which is an original) on behalf of Engineer by its Pre i n shown below, and on behalf of Owner by its Mayor (thereunto duly authorized) this 23rd day of May , 1996. APPROVED AS TO CONTENT: M46r Earle Aviation Manager APPROVED AS TO FORM: arold Willard Assistant City Attorney By -- Terry 0. Bilderback, P.E. Principal/Project Manager Attest Betty M. Johnson City Secretary PARKHILL, SMITH & COOPER. INC. ►�LIIASJ By C. Clayton eager, P.t. President EXHIBIT A TO AGREEMENT BETWEEN CI'T'Y OF LUBBOCK. TEXAS AND PARKHILL, SMITH & COOPER. INC, DUTIES RESPONSIBILITIES AND LIMITATIONS OF THE AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE A. GENERAL The Resident Project Representative is the Engineer's Agent and shall act under the supervision and direction of the Engineer. He shall confer with the Engineer regarding his actions, and shall generally communicate with the Owner only through the Engineer. B. DUTIES AND RESPONSIBILITIES The Resident Project Representative shall: 1. Schedule - Review the construction schedule prepared by the Contractor for compliance with the contract and give written advice to the Engineer concerning its acceptability. 2. Conferences - Attend pre -construction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with the Engineer and notify those expected to attend in advance. Maintain and circulate copies of records of the meetings. 3. Liaison - a. Serve as the Engineer's liaison with the Contractor working principally through the Contractor's field superintendent. Alert the Contractor through his field superintendent, to the hazards involved in accepting and acting upon instructions from the Owner or others, except such instructions transmitted through the Engineer. b. Cooperate with the Contractor in his dealings with the various local agencies having jurisdiction over the Project in order to complete service connections to public utilities and facilities. C. Assist the Engineer in obtaining from the Owner additional details or information, when required at the job site for proper execution of the work. 4. Approvals - When required, assist the Engineer in obtaining from the Contractor a list of his proposed suppliers and subcontractors. 5. Samples - Assist the Engineer in obtaining field samples of materials delivered to the site which are required to be furnished, and keep record of actions taken by the Engineer. 6. Shop Drawings - a. Receive approved shop drawings and other submissions from the Engineer, record data received, maintain a file of the drawings and submissions, and check construction for compliance with them. b. Alert the Contractor's field superintendent when he observes materials or equipment being installed before approval of shop drawings or samples, where such are required, and advise the Engineer when he believes it is necessary to disapprove work as failing to conform to the Contract Documents. Review of Work. Inspections and Tests - a. Conduct on-site observations of the work in progress for the Engineer as a basis for determining that the Project is proceeding in accordance with the Contract Documents. A-1 b. Verify that tests, including equipment and systems start up, which are required by the Contract Documents are conducted and that the Contractor maintains adequate records thereof, observe, record and report to the Engineer appropriate details relative to the test procedures and start ups. C. Accompanying visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to the Engineer. 8. InteripWation of Contract Documents - Transmit to the Contractor the Engineer's interpretations of the Contract Documents. 9. Modifications - Consider and evaluate Contractor's suggestions for modifications in drawings or specifications and report them with recommendations to the Engineer. 10. Records - a. Maintain at the job site orderly files for correspondence, reports of job conferences, shop drawings and other submissions, reproductions of original contract documents, including all addenda, change orders and additional drawings issued subsequent to the award of the contract, the Engineer's interpretations of the Contract Documents, progress reports, and other Project related documents. b. Keep a diary or log book, recording hours on the job site, weather conditions, list of visiting officials, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures. C. Record names, addresses and telephone numbers of all Contractors, subcontractors and major material suppliers. d. Maintain a set of drawings on which authorized changes are noted, and deliver to the Engineer at the completion of the Project. 11. Reports - a. Furnish the Engineer periodic reports as required of progress of the Project and the Contractor's compliance with the approved construction schedule. b. Consult with the Engineer in advance of scheduled major tests or start of important phases of the Project. 12. Payment Requisitions - Review applications for payment with the Contractor for compliance with. the established procedure for their submission and forward them with recommendations to the Engineer, noting particularly their relation to the work completed and materials and equipment delivered at the site. 13. Guarantees, Certificates, Maintenance and Operation Manuals - During the course of the work, assemble Guarantees, Certificates, Maintenance and Operation Manuals and other required data to be furnished by the Contractor and, upon acceptance of the Project, deliver this material to the Engineer for his approval and forwarding to the Owner. 14. Completion - a. Prior to final inspection, submit to the Contractor a list of observed items requiring correction and verify that each correction has been made. b. Conduct final inspection in the company of the Engineer and the Owner and prepare a final list of items to be corrected. C. Verify that all items on final list have been corrected and make recommendations to the Engineer concerning acceptance. C. LIMITATIONS OF AUTHORITY Except upon written instructions of the Engineer, the Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents. A-2 2. Shall not undertake any of the responsibilities of the Contractor, the sub -contractors or the Contractor's field superintendent. 3. Shall not expedite the work of the Contractor. 4. Shall not advise on or issue directions relative to any aspect of the construction technique or sequence unless a specific technique or sequence is called for in the Contract Documents. 5. Shall not authorize the Owner to occupy the Project in whole or in part prior to final acceptance of the work. b. Shall not participate in specialized field or laboratory tests. A-3 EXHIBIT B TO AGREEMENT BETWEEN CITY OF LUBBOCK, TEXAS AND PARKHILL, SMITH & COOPER. INC. GENERAL PROJECT SCOPE Iml �ri:a■ruuor..r. rw..r.rrr■ur.r.■r ururor■rr■orrw ■� `e v u tti + i\ �r� It -J• rl • •r.r..now +rrl • n ■rte. + I\ I• ■� ■ . �1 I■ •wairrrrrar•■.ri■■ u ■wruoruuu■ •r.•■urrwuuuu Memorandum TO: Signage Team Members FROM: Pete Velde SUBJECT: Lubbock International Airport Signage DATE: April 15, 1996 The following scope of work was determined at our meeting with the Airport staff on April 10, 1996: 1. Exterior District Signage (Northwest, East & Southwest Districts) a. Designation (rename districts) b. Entry ID/Sign C. Directional Signage/Tenant Signs d. Interstate Access/Designation (supply needed verbage to Highway Department) 2. Terminal Approach/Egress from Airport a. Directional Sign at Regis b. "Monument" sign at Regis & MLK C. East District turnoff d. Covered parking C. Lane designations for taxis, limos, busses (commercial traffic), rate signs, short term, long term, passenger dropoff, rent car return and freight. (Lanes will become divided; lane designation signage could be located before curve in roadway, could utilize lane markers. Reconfiguration of lanes and entries to parking lots will be studied.) f. Curbside (will be driven by reconfiguration of lanes): Handicapped, skycap unloading area, taxis (located on curb adjacent to parking lots), commercial unloading/loading (armored truck loading/unloading), rent car return, egress route, return to terminal, rental car service area, "Welcome to Lubbock"/egress/Interstate. g. Parking Lot Signage: 1) Row designations/landmarks, egress/exit directions. 2) Automated parking system and rate signs (use different color keying throughout to make system easily followed and understood). 3) Parking garage (2 levels) in/out/exit signs. 4) Signs for shuttle service. PARKHILL, SMITH & COOPER, INC. Engineers ■ Architects ■ Planners 4010 Avenue R ■ Lubbock, Texas 79412 1906) 747-0161 ■ FAX (806) 747-7146 Lubbock El Peso Midland Amarillo 3. Terminal Building a. Curbside: Prop down (typical) airline designations, "Smoking Area", "No Smoking in Building", baggage, four prop down (typical) internally lit main entry signs with changeable airline panels, taxi phone (temporary sign). b, Freight Level: Change faces of existing backlit Alex signs to suit current uses. C. interior, Landside: Directional, FIDS, BIDS, parking pay stations, rental cars, airport police, ticketing, ATNI, phones for handicapped, ADA required signage, "No Unauthorized Personnel" signage, "Emergency Access Only" for stairwells, elevator, Admin. Office and meeting rooms. (Meeting rooms include Blue Room, Ambassador Room, Press Room.) Directory and room numbers for Admin. offices, signage for security office (temporary), two sets of restrooms, screening checkpoint, and pedestal sign to post current FAA requirements which will be posted at ticketing points, screening point, and boarding areas. d. Interior, Airside: Boarding gates, FIDS, directional, restrooms (two sets), exit points (revolving doors), "No Smoking", "No Unauthorized Access", signage at stairwells/gates/ doors/jetways, ADA required signage (investigate current requirements, also reference Texas Accessibility Standards). C. Other Considerations: 1) Solve problem of direct sun at clerestory windows on landside. 2) FIDS needs to be basic, user friendly, interface with local and remote airline input and Airport Control Center. 3) Verify need for new emergency exit route signage. 4) Solve problem of posting FAA regulations at ticket counters. 5) Redesign hanging banners. G) Design standardized back wall at ticket counters if budget allows. 7) Locate/design two new flagpoles at entry road, possibly where road divides to covered parking. 8) Some reconfiguration of parking lots and covered parking is scheduled to take place in next few months. 9) Design signage at entry road and curbside to be adaptable for reconfigured roadway scheduled in 1997. 10) Provide needed signs which will be installed after road reconfigured. 11) Three existing large monument signs might be retrofitted and upgraded to fit with new design. 12) Continental Airlines coming in June. If you have any comments or revisions, please give me a call. Thanks!