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HomeMy WebLinkAboutResolution - 1059 - Agreement - PSC Inc - Engineering Service, LIA Master Plan - 03/25/1982JS:mck RESOLUTION RESOLUTION 1059 - 3/25/82 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 between the City of Lubbock and Parkhill, Smith & Cooper, Inc., for engineering! services in connection with planned improvements as presented in the Lubbock International Airport Master Plan dated December, 1980, which agreement, attached herewith, shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 25th day o h A 1982. BI MCALISTE , MAYOR ATTEST: I elyn ffga, City a ry-Treasurer APPROVED AS TO CONTENT: r Ma in Coffee, Di or of Aviation APPROVED AS TO FORM: L4W Azl�_ J a Sherwin, Assistant City Attorney RESOLUTION 1059 - 3/25/82 �t-ry cFf;RFTAF`t-TR�A:3llR�R A G R E E M E N T CITY OF LUBBOCK, TEXAS AND PARKHILL, SMITH & COOPER, INC. FOR ENGINEERING SERVICES THIS IS AN AGREEMENT made and entered into by and between THE CITY OF LUBBOCK, TEXAS, hereinafter called the "Owner", and PARKHILL, SMITH & COOPER, INC., Engineers -Architects -Planners of 4010 Avenue R, Lubbock, Texas a cor- poration which is duly chartered under the laws of the State of Texas. RECITALS Owner desires: 1. An engineering study and preparation of a report on the preliminary design and schedule of improvements for Lubbock International Airport as presented in the "Lubbock International Airport Master Plan," dated December 1980, for the planned development through the year 1995. 2. To construct the first increment (3 aircraft parking positions) of the air carrier aircraft parking apron expansion at the airport terminal building, basically in accordance 'with "Lubbock International Airport Master Plan," dated December 1980. 3. To construct the rerouting of the county road east of the east end of Runway 8-26 in preparation for the extension of Runway 26 to the east generally as presented in the "Lubbock International Airport Master Plan," dated December 1980. 4. To construct the improvements and expansion of enplane/deplane roads, service roads and auto parking at the terminal building, basically as presented in the "Lubbock International Airport Master Plan, dated December 1980, at various times as requested by the Owner. 5. To construct improvements to runways, taxiways, aprons, roads, auto parking, utilities, cargo facilities, fencing, drainage, lighting and related facilities at Lubbock International Airport as presented in the "Lubbock International Airport Master Plan," dated December 1980, and as scheduled in the report in Item 1 above, at various .times as requested by the Owner. Such improvements are hereinafter called the Project or Projects. SECTION Sect Section II Section III Section IV Section V Section VI Section VII Section VIII Section IX Section X Section XI Section XII Section XIII Section XIV Section XV Exhibit A Exhibit B Exhibit C CONTRACTUAL UNDERTAKINGS TITLE PAGE Employment of Engineer I-1 Character and Extent of Services II -1 Authorization of Services III -1 Period of Service IV -1 Owner's Responsibilities V-1 The Engineer's Basic Compensation VI -1 Special Assignments and Services Not I-1 Included in Basic Compensation Revision to Drawings and Specifications VIII -1 Ownership of Documents IX -1 Liability Limitation R-1 Termination XI -1 General Requirements XII -1 Addresses of Notices and Communications XIII -1 Section Captions XIV -1 Successors and Assignments XV -1 Duties, Responsibilities and Limitation of the Authority of the Resident Project Representative A-1 Certification of Engineer B-1 Engineer Contractual Requirements C-1 1 Yr -` SECTION I EMPLOYMENT OF ENGINEER The Owner agrees to employ the Engineer and the Engineer agrees to per- form professional engineering services in connection with the Projects as stated in the Sections to follow, and for having rendered such services, the Owner agrees to pay to the Engineer compensation as stated in the Sections to follow. The professional engineering services shall include normal civil, structural, mechanical and electrical engineering services and normal archi- tectural services incidental thereto. I - 1 SECTION II CHARACTER AND EXTENT OF SERVICES A. REPORT PHASE Upon authorization, the Engineer shall perform the engineering study and preparation of a report on the preliminary design and schedule of improvements as described in Item 1 of the RECITIALS. The Engineer shall: (1) Attend conferences with the Owner and other interested parties regarding the Report. (2) Perform preliminary engineering services in connection with the planned improvements presented in the "Lubbock International Airport Master Plan," dated December 1980, through the year 1995. The services shall be in sufficient detail to indicate the problems involved and the alternate solutions available to the Owner. These services will include preliminary layouts, sketches, cost estimates and schedule of improvements for the planned improvements, to set forth clearly the Engineer's recommendations and to prepare a preliminary engineering report. (3) Furnish the Owner 25 copies of the preliminary report, including preliminary layouts, sketches, cost estima- tes and schedule of improvements. B. PRELIMINARY PHASES Upon authorization the Engineer shall proceed with each of the Preliminary 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 soil and foundation investigations or any special 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 compen- sation therefor is not included in the Basic Charge; it may be performed by the Engineer, by agreement with the Owner, in -which case compensation shall be deter- mined by the applicable portions of Section VII. (3) Perform preliminary engineering services in connection with Project in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the Owner, to include preliminary layouts, sketches and cost estimates for the Project, and to set forth clearly the Engineer's recommendations. If called for by the scope of the assignment, prepare a preliminary engineering report. (4) When a written report is prepared, furnish the Owner 25 copies of the preliminary report, including preli- minary layouts, sketches and cost estimates. (5) Assist the Owner in the preparation of applications to the Federal Aviation Administration and to the Texas Aeronautics Commission for grants for the various pha- ses of the Project. C. DESIGN PHASES After written authorization to proceed with each of the Design Phases on the basis of accepted preliminary design documents, the Engineer shall: (1) Establish the scope, and advise the Owner, of any soil and foundation investigations or any special surveys II - 2 f or special testing which, in the opinion of the Engi- neer, 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; it may be per- formed 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 cir- cumstances of the assignment, the engineering data necessary for applications for routine permits by local, state and federal authorities. (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 perfor- mance of field surveys is not a part of the Engineer's basic services, and compensation therefor is not included in the Basic Charge; the surveys may be per- formed by the Engineer, by agreement with the Owner, in which case compensation shall be determined by applicable portions of Section VII. (4) When required prepare or review environmental assess- ments and impact statements; prepare airport property map; prepare airport zoning map and assist City Attorney with the preparation of a zoning ordinance; and provide assistance in obtaining approval of authorities having jurisdiction over the environmental impact of the project. The performance of these ser- vices is not a part of the Engineer's basic services, and compensation therefore is not included in the II - 3 Basic Charge; the compensation shall be determined by the applicable portion of Section VII. (5) 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. (6) Prepare detailed cost estimates 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. (7) Furnish to the Owner all necessary copies of approved contract documents including notices to bidders and proposals as required for approval by the City and the Federal Aviation Administration. D. BIDDING PHASES After written authorization to proceed with each of the Bidding Phases, the Engineer shall: (1) Assist the Owner in the advertisement of the Project for bids. (2) Furnish all necessary copies of approved contract documents, including plans, specifications, proposals and, notice to bidders, as required for bidding purposes. The cost of the printing and mailing the contract documents are to be paid separately under Section VII. (3) Conduct a prebidding conference if required. (4) Assist the Owner in the opening and tabulation of bids for construction of the Project, and recommend to II - 4 the Owner as to the proper action on all proposals received. (5) Assist in the preparation of formal Contract Docu- ments. E. CONSTRUCTION PHASES During the Construction Phases, the Engineer shall': (1) Represent the Owner at the preconstruction conference. (2) Make periodic visits to the site (as distinguished from the continuous services of a Resident Project Repre- sentative 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 per- forming 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 contractors' failure to perform the construction work in accordance with the Contract Documents. - During visits .to the construction site, and on the 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 recommen- dations to the Owner regarding materials and II - 5 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 Service, 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 Paragraph VII, 22. (4) If specifically authorized by owner in writing, fur- nish 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 compen- sation therefor is not included in the Basic Charge; if provided, compensation shall be determined under Section VII(3). The authority and duties of such Resident Project Representatives are limited to exa- mining 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 his 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 under- write, guarantee, or insure the work done by the contractors. Failure by any Project Representative or other personnel engaged in on -the -site observation to discover defects or deficiencies in the work of the II - 6 contractors shall not relieve the contractor for liability therefor or subject the Engineer to any liability for any such defect 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 infor- mation given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. (6) Based on his on-site observations as an experienced and qualified design professional and on his review of Contractor(sl) applications for payment and the accom- panying data and schedules, determine the amounts owing to Contractor(s) and approve in writing payments to Contractor(s) 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 inticated and that, to the best of his 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 his approval), but by approving an application for payment Engineer will not be deemed to have repre- sented that he has made any examination to determine how or for what purpose any Contractor has used the moneys paid on account of the Contract Price, or that title to any of the Contractor(sl) work, materials, or equipment has passed to Owner free and clear of any II - 7 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 he 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 Project shall be furnished the owner as specified in Section IX. (9) Prepare or revise the airport layout plan as required to reflect all new construction. Compensation for preparation or revision of the airport layout plan shall be determined as described under Section VII. II - 8 SECTION III AUTHORIZATION OF SERVICES The Engineer shall be authorized to proceed with Report Phase services for Item 1 as described in the RECITALS and with Preliminary Phase services for Items 2 and 3 as described in the RECITALS for the Projects upon execution of this Agreement. The Owner's written authorization shall be obtained prior to proceeding with each subsequent phase of services. SECTION IV 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 anticipa- tion of the orderly and continuous progress of the Projects through completion of the Construction Phases. 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 Projects including extra work and required extensions thereto. It is agreed the authorization to proceed with the Report Phase for Item 1 in the RECITALS and with the Preliminary Phases for Items 2 and 3 in the RECITALS will be given upon execution of this Agreement. The Report Phase for Item 1 shall be completed within 300 calendar days. The Preliminary Phase for Item 2 shall be completed within 120 calendar days. The Preliminary Phase for Item 3 shall be completed within 90 calendar days. The authorization to proceed with the Design Phase for Item 2 in the RECITALS will be given after completion of the Preliminary Phase for Item 2. The Design Phase for Item 2 shall be completed within 150 calendar days from the notice to proceed. The authorization to proceed with the Design Phase for Item 3, in the RECITALS will be given after completion. of the Preliminary Phase and after the scope the project is established. The time for completion for Item 3 will be established at that time. The authorization to proceed with remaining services for the Preliminary Phases, Design Phases, Bidding Phases and the Construction Phases for the Projects shall be at various times at the discretion of the Owner. IV - 1 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 RESPONSIBILITIES The Owner shall: (1) Provide full information as to his requirenents for the Project. (2) Assist Engineer by placing at his disposal all available information pertinent to the Project including previous reports and any other data relative to ,design and con- struction of the Project. (3) Furnish to Engineer, as required by him for performance of his 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-of-way, topographic and utility surveys and property description; zoning and deed restriction; and other spe- cial data or consultations not covered in Section VII; all of which Engineer may rely upon in performing his services. (4) Guarantee access to and make all provisions for Engineer to enter upon public and private property as required V - 1 for Engineer to perform his services. (5) Examine all studies, reports, sketches, drawings, speci- fications, proposals and other documents presented by Engineer, obtain advice of an attorney, insurance coun- selor and other consultants as he deems appropriate for such examination and render in writing decisions per- taining 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, accoun ting , independent cost esti- mating and insurance counseling services as may be required for the Project, and such auditing service as Owner may require to ascertain how or for what purpose any contractor has used the moneys paid to him under the construction contract. (8) Designate in writing a person to act as Owner's repre- sentative 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 v - 2 Additional Services as stipulated in Section VII of this Agreement or other services as required. (12) Bear all costs incident to compliance with the require- ments of this Section V. (13) Secure A-95 review of all preapplications. V - 3 SECTION 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 payment is past due for more than thirty days, then the Owner shall pay to the Engineer, in addition to the sum shown as due by such statement, interest thereon at the rate of 1.0 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, but the right is expressly reserved to the Engineer in 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 R of this Agreement. A. REPORT PHASE Payment for services in the Report Phase shall be made to the Engineer in the lump sum of Fifty -Nine Thousand Eight Hundred Sixty -Seven Dollars ($59,867.00) for the Report Phase for Item 1 in the RECITALS. Partial payments for services in the Report Phase shall be made monthly in proportion to that part of the services in the Report Phase which has been accomplished, as evidenced by monthly statements submitted by the Engineer to the Owner. Final payment for services in the Report Phase shall be payable upon submission to the Owner of the required report, sketches, and estimates, and upon his acceptance, which shall be within 30 days after submission. B. PRELIMINARY PHASES Payment for services in the Preliminary Phases shall be made to the VI - 1 P Engineer in a lump sum amount of Thirty -Nine Thousand Sia Hundred Eighty -Three Dollars ($39,683.00) for the Preliminary Phase for Item 2 in the RECITALS; and Fifteen Thousand Five Hundred Nine Dollars ($15,509.00) for the Preliminary Phase for Item 3 in the RECITALS. Payment for services in the Preliminary Phases for Items 4 and 5 in the RECITALS will be made to the Engineer in the lump sum of (to be negotiated whenever the Owner desires to proceed with Preliminary Phases for this part of the Project). Partial payments for services in each of the Preliminary Phases shall be made monthly in proportion to that part of the services in each of the Preliminary Phases which has been accomplished, as evidenced by monthly state- ments submitted by the Engineer to the Owner. Final payment for services in each of the Preliminary Phases shall be payable upon submission to the Owner of the required report, sketches, and estimates, and upon his acceptance, which shall be within 30 days after submission. C. DESIGN PHASES Payment for services in the Design Phases shall be made to the Engineer in a lump sum amount of One Hundred Ten Thousand One Hundred Thirty -Nine Dollars ($110,139.00) for the Design Phase for Item 2 in the RECITALS. Payment for services in the Design Phase for Item 3 in the RECITALS will be made to the Engineer in the lump sum of (to be negotiated after the Preliminary Phase is complete and the scope of Item 3 is established). Payment for services in the Design Phases for Items 4 and 5 in the RECITALS will be made to the Engineer in the lump sum of (to be negotiated whenever the Owner desires to proceed with the Design Phases for this part of the Project). Partial payments for services in each of the Design Phases shall be made monthly, in proportion to that part of the services in each of the Design Phases which has been accomplished, as evidenced by monthly statements sub- mitted by the Engineer to the Owner. Final payment for services authorized in each of the Design Phases shall be due upon the completion of these services. VI -2 r D. BIDDING PHASES Payment for services in each of the Bidding Phases shall be made to the Engineer in the lump sun amount of (to be negotiated whenever the Owner desires to proceed with the Bidding Phases). This sum will be paid to the Engineer upon completion of each of the Bidding Phases, including the preparation of Contract Documents; or if no contract is awarded upon the refusal by the Owner to award a contract. E. CONSTRUCTION PHASES Payment for services in each of the Construction Phases shall be made to the Engineer in a lump sum amount of (to be negotiated whenever the Owner desires to proceed with each of the Bidding Phases). 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 contractors, 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 each of the Construction Phases, 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 -3 SECTION VII SPECIAL•ASSIGNMENTS AND SERVICES NOT INCLUDED IN BASIC COMPENSATION 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: (1) Field surveys to collect information required for design including photogrammetry, and related office computations and drafting. (2) Studies, tests and process determinations to estab- lish 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 establisiment of boundaries and monuments, and related office computations and drafting. (5) Preparation of property or easement descriptions. (6) Preparation of any special reports required for marketing of bonds. (7) Small design assignments. (8) Appearance before regulatory agencies. (9) Assistance to the Owner as an expert witness in any litigation with third parties, arising from the deve- lopment or construction of the Project including pre- paration of engineering data and reports. (10) Special investigations involving detailed con- sideration of operation, maintenance and overhead VII - 1 Documents. (18) Services to investigate existing conditions or faci- lities or to maks measured drawings thereof, or to verify accuracy of drawings or other information furnished by Owner. (19) Preparation of operating instructions and manuals for facilities and training of personnel and assistance in operation of facilities. VII -2 expenses; preparation of rate schedules, earnings and expense statements; special feasibility studies; appraisals; valuations; and material audits or inven- tories 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. (12) Detailed mill, shop and/or laboratory inspection of materials or equipment. (13) Travel and subsistance required of the Engineer and authorized by the Owner to points other than Owner's office and project site. (14) Additional copies of reports over 25 copies; addi- tional sets of contract documents over 5 copies; and additional blueprint copies of drawings over 5 copies. (15) Preparation of environmental statements and assis- tance to Owner in preparing for, and attending public hearings. (16) Revisions to contract drawings to provide record drawings of the completed contract. (17) Service after the 30th day after the time specified for completion of the Project in the Contract Documents. (18) Services to investigate existing conditions or faci- lities or to maks measured drawings thereof, or to verify accuracy of drawings or other information furnished by Owner. (19) Preparation of operating instructions and manuals for facilities and training of personnel and assistance in operation of facilities. VII -2 (20) Providing renderings or models for Owner's use. (21) Preparing documents for alternate bids requested by Owner for work which is not executed or documents for out -of -sequence work. (22) Services in connection with change orders to reflect changes requested by the Owner, and services result- ing from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortage. (23) Preparation of airport property map; preparation of airport zoning map and assist City Attorney with pre- paration of airport zoning ordinance; preparation or revision of airport layout map to reflect all new construction of this project. (24) Any other special or miscellaneous assignment speci- fically authorized by Owner. The duties and responsibilities and the limitations on the authority of the Resident Project Representative and assistancs will be set forth in Exhibit A which is to be identified, attached to and made a part of this Agreement before such services begin. For Special Services rendered under paragraphs VII(1) through VII(24), the Owner shall pay the Engineer in accordance with the following schedule: Firm Principal Project Engineer Design Engineer Engineer -in -Training Chief Draftsman Draftsman III & IV Draftsman I & II Typist VII -3 $65.)0 per hour $57.00 per hour $37.00 per hour $29.00 per hour $27.70 per hour $22.10 per hour $18.50 per hour $18.)0 per hour i Y (20) Providing renderings or models for Owner's use. (21) Preparing documents for alternate bids requested by Owner for work which is not executed or documents for out -of -sequence work. (22) Services in connection with change orders to reflect changes requested by the Owner, and services result- ing from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortage. (23) Preparation of airport property map; preparation of airport zoning map and assist City Attorney with pre- paration of airport zoning ordinance; preparation or revision of airport layout map to reflect all new construction of this project. (24) Any other special or miscellaneous assignment speci- fically authorized by Owner. The duties and responsibilities and the limitations on the authority of the Resident Project Representative and assistancs will be set forth in Exhibit A which is to be identified, attached to and made a part of this Agreement before such services begin. For Special Services rendered under paragraphs VII(1) through VII(24), the Owner shall pay the Engineer in accordance with the following schedule: Firm Principal Project Engineer Design Engineer Engineer -in -Training Chief Draftsman Draftsman III & IV Draftsman I & II Typist VII -3 $65.)0 per hour $57.00 per hour $37.00 per hour $29.00 per hour $27.70 per hour $22.10 per hour $18.50 per hour $18.)0 per hour a. Materials Testing for Design Phase of At Cost plus $300.00 for. Item 2 in the RECITALS for liability insurance and pr of i t b. Materials Testing for At Cost plus * for liabil- other than Item a. above ity insurance and profit *To be negotiated after scope of services are established. The above rates of compensation for Special Services are based on salaries, salary overhead, administrative overhead and direct cost estimated to be in effect until December 31, 1982. For any Special Services authorized after December 31, 1982, the above rates of compensation shall be adjusted in accordance with the following formula: c ARC - IRC x 298.1** Where ARC - Adjusted rate of Compensation IRC - Initial Rate of Compensation c - Consumer Price Index on which salaries are based at the time Special Services are furnished after December 31, 1982. **Above schedule of rates are based on Consumer Price Index of 298.1 Payments to the Engineer for authorized services not included in Basic Charges will be made monthly, by the Owner, upon presentation of monthly sta- tements by the Engineer of such services. VII -4 Resident Project Representative32$ .00 per hour Engineer Travel $ 0.28 per mile Engineer Per Diem48$ .00 per day Field Party - 2 -man $50.00 per hour Field Party - 3 -man $56.00 per hour Field Party - 4-man70$ .00 per hour Field Party Travel $ 0.35 per mile Reimbursable Expense At cost Subcontract Expense: a. Materials Testing for Design Phase of At Cost plus $300.00 for. Item 2 in the RECITALS for liability insurance and pr of i t b. Materials Testing for At Cost plus * for liabil- other than Item a. above ity insurance and profit *To be negotiated after scope of services are established. The above rates of compensation for Special Services are based on salaries, salary overhead, administrative overhead and direct cost estimated to be in effect until December 31, 1982. For any Special Services authorized after December 31, 1982, the above rates of compensation shall be adjusted in accordance with the following formula: c ARC - IRC x 298.1** Where ARC - Adjusted rate of Compensation IRC - Initial Rate of Compensation c - Consumer Price Index on which salaries are based at the time Special Services are furnished after December 31, 1982. **Above schedule of rates are based on Consumer Price Index of 298.1 Payments to the Engineer for authorized services not included in Basic Charges will be made monthly, by the Owner, upon presentation of monthly sta- tements by the Engineer of such services. VII -4 SECTION VIII REVISION TO DRAWINGS AND SPECIFICATIONS The Engineer will make, without expense to the Owner, such revisions of the preliminary drawings as may be required to meet the needs of the Owner, but after a definite plan has been approved by the Owner, if a decision is subsequently made by the Owner which, for its proper execution, involves extra services and expenses for changes in, or addition to the drawings, specifica- tions 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 readVertisezent of bids or by the delinquency or insolvency of contractors, the Engineer shall be compensated for such extra services and expense, which services and expense shall not be considered as covered by the Basic Charges stipulated in this Agreenent. Compensation for such extra ser- vices shall be made in accordance with the schedule for Special Services in Section VII. SECTION IR OWNERSHIP OF DOCUMENTS Original documents, plans, designs and survey notes developed in connec- tion 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. 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 TERMINATION Either party to this Agreement may terminate the Agreement by giving to the other seven day 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 Agree- ment. As soon as practicable after receipt of notice of termination, the Engineer shall submit 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 beem 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. X - 1 M SECTION RI GENERAL REQUIREMENTS A. CIVIL RIGHTS ASSURANCES The Engineer agrees to conduct the performance of this Agreement in compliance with all the requirements imposed by or pursuant to Title VI of the Civil Rights Act of 1964 and by Part 20 of the Regulations of the Office of the Secretary of Transportation, as amended. B. CERTIFICATION The Engineer certifies that no individual or group of individuals other than bona fide employees were utilized in securing this Agreement.. C. UNDERSTANDING OF GRANT AGREEMENT The Engineer is familiar with all the terms and conditions of the Grant Application and will familiarize himself with all Grant Agreement documents. A D. FEDERAL AVIATION ADMINISTRATION OBLIGATION In the execution of this Agreement, the Federal Aviation Administration assumes no obligation to the Engineer. E. FINANCIAL RECORDS All financial records pertaining to the engineering services included in this agreement shall be made available to authorized representatives of the Federal Aviation Administration and the Comptroller General of the United States in conformity to regulations. F. COMPLIANCE WITH APPLICABLE LAW The Engineer shall comply with any and all local, State and Federal laws regarding age, citizenship, hours, wages and conditions of employment affecting the services covered by this Agreement. The Engineer shall pay the contributions measured by wages of his employees as required by the Federal Unemployment Tax Act, the Federal Insurance Contribution Act, and any other payroll tax. XI - 2 r SECTION XII ADDRESS 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 All notices and communications under this - Agreement to be. mailed or delivered to the Owner shall be to the following address: DIRECTOR OF AVIATION LUBBOCK INTERNATIONAL AIRPORT Route 3, Box 389 Lubbock, Texas 79401 XII -1 SECTION XIII SECTION CAPTIONS Each Section under the contractural 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 detemine its interpretation or application. SECTION XIV SUCCESSORS AND ASSIGNMENTS The Owner and the Engineer each binds himself and his successors, executors, administrators and assigns to the other party of 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 his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party thereto. EXECUTED in 3 counterparts (each of which is an original) on behalf of Engineer by its President shown below, and on behalf of Owner by its Mayor ( thereunto duly authorized) this 25th day of March , 82 . OWNER: CITY OF LUBBOCK, TEXAS ATTEST: City Secreta APPROVED AS TO FORM: /-Z &e -n jk'u� City Attorney J XIV - 1 ENGINEER: PARKH ILL, SMITH & COOPER, INC. By— — H. B nnett Reaves, President + A SECTION XIV SUCCESSORS AND ASSIGNMENTS The Owner and the Engineer each binds himself and his successors, executors, administrators and assigns to the other party of 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 his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party thereto. EXECUTED in 3 counterparts (each of which is an original) on behalf of Engineer by its President shown below, and on behalf of Owner by its Mayor ( thereunto duly authorized) this 25th day of March , 82 . OWNER: CITY OF LUBBOCK, TEXAS ATTEST: City Secreta APPROVED AS TO FORM: /-Z &e -n jk'u� City Attorney J XIV - 1 ENGINEER: PARKH ILL, SMITH & COOPER, INC. By— — H. B nnett Reaves, President EXHIBIT A TO AGREEMENT BETWEEN CITY 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 con- sultation 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 EXHIBIT A Page 1 of 5 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 addi- tional 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 sanples 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. 7. 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. b. Verify that tests, including equipment and systems start up, which are required by the Contract Documents are con - EXHIBIT A Page 2 of 5 r ducted 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. Interpretation 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 recommen- dations 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 addi- tional 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 'EXHIBIT A Page 3 of 5 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 sub- mission and forward them with recommendations to the Engineer, noting par- ticularly 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 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 iters 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 EXHIBIT A Page 4 of 5 r r � Representative: 1. Shall not authorize any deviation from the Contract Documents. 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. 6. Shall not participate in specialized field or laboratory tests. EXHIBIT A Page 5 of 5 EXHIBIT B TO AGREEMENT BETWEEN CITY OF LUBBOCK, TEXAS AND PARKHILL, SMITH & COOPER, INC. CERTIFICATION OF ENGINEER I hereby certify that I am the President and duly authorized representative of the firm of Parkhill, Smith & -Cooper, Inc., whose address is 4010 Avenue R, Lubbock, Texas 79412, and that neither I nor the above firm I here represent has: (a) employed or retained for a commission, percentage, brokerage, con- tingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract, (b) agreed, as an express or Implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) paid or agreed to pay to any firm, organization, or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connec- tion with, procuring or carrying out the contract; except as here expressly stated (if any): EXHIBIT B Page 1 of 2 v I acknowledge that this certificate is to be furnished to the Federal Aviation Administration of the United States' Department of Transportation, in connec- tion with this contract involving participation of Airport Development Aid Program (ADAP) funds and is subject to applicable state and federal laws, both criminal and civil. -Hkn 1. sq— Date H. Bennett Reaves, President Parkhill, Smith & Cooper, Inc. EXHIBIT B Page 2 of 2 VVUTQTT 0 TO AGREEMENT BETWEEN CITY OF LUBBOCK, TEXAS AND PARKHILL, SMITH & COOPER, INC. ENGINEER CONTRACTUAL REQUIREMENTS TITLE VI ASSURANCES During the performance of this agreement, the Engineer, for itself, its assignees and successors in interest (hereinafter referred to as the "Engineer") agrees as follows: 1. Compliance with Regulations. The Engineer shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement. 2. Nondiscrimination. The Engineer, with regard to .the work per- formed by it during the agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of sub- contractors, including procurements of materials and leases of equipment. The Engineer shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in appendix B of the Regulations. EXHIBIT C Page 1 of 4 •JS 3. Solicitations for Subcontracts, Including Procurements 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 of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Engineer of the Engineer's obligations under this agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The Engineer shall provide all infor- mation and reports required by the Regulations or directives issued pur- suant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of the Engineer is in the exclusive possession of another who fails or refuses to furnish this information, the Engineer shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the Engineer's non- compliance with the nondiscrimination provisions of this agreement, the sponsor shall impose such agreement sanctions as it or the FAA may deter- mine to be appropriate, including, but not limited to -- a* withholding of payments to the Engineer under the agreement until the Engineer complies, and/or b. cancellation, termination, or suspension of the agreement in whole or in part. EXHIBIT C Page 2 of 4 6. Incorporation of Provisions. The Engineer shall include the pro- visions of paragraphs 1 through 5 in every subcontract, including procure- ments 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 sub- contractor 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. MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES 1: Policy. It is the policy of the Department of Transportation (DOT) that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this agreement. 2. MBE Obligation. The Engineer agrees to ensure that minority busi- ness enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all Engineers shall take all necessary and reasonable steps in EXHIBIT C Page 3 of 4 u w. t. accordance with 49 CFR Part 23 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 ori- gin, or sex in the award and performance of DOT -assisted contracts. /j /)- - JMklil-1 Dae H. Be nett Reaves, President Parkhill, Smith &• Cooper, Inc. EXHIBIT C Page 4 of 4