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2000-162-RES AUTHORIZING THE EXECUTION OF AN AGREEMENT RESOLUTION NO. 2000-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ENGINEERING SERVICES WITH BUCHER, WILLIS & RATLIFF CORPORATION FOR SPECIAL CONSULTING AND DAY-TO-DAY ENGINEERING SERVICES IN THE ROLE OF ACTING CITY ENGINEER; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris is need of special consulting and day-to-day engineering services; and, WHEREAS, Bucher, Willis & Ratliff Corporation is prepared to provide such special consulting and day-to-day engineering services in the role of acting City Engineer; and, WHEREAS, the form of the Agreement for Engineering Services with Bucher, Willis & Ratliff Corporation, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the form of the Agreement for Engineering Services with Bucher, Willis & Ratliff Corporation for special consulting and day-to-day engineering services in the role of acting City Engineer, attached hereto as Exhibit A, be, and the same is hereby, approved. Section 3. That the Mayor be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Agreement for Engineering Services, under the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 13th day of November, 2000. ~~~~p~?L Michael J. Pfies r, yor ATTEST: '~ ~~L~"'-V ..... ""' ~ Mattie Cunningham, City Clerk APPROVED AS TO FORM: L AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, entered into on the day of , 2000 by the City of Paris, Texas, party of the first part, hereinafter referred to as the "City," and the firm of Bucher, Willis & Ratliff Corporation, located in Tyler, Texas, party of the second part, hereinafter referred to as the "Consultant." WITNESSETH: That the City desires to have the Consultant perform professional engineering and planning services during 2000 in connection with City Engineering Services, including but not limited to, roadway improvements, drainage and/or waterway improvements and structures, sanitary, water, subdivision, planning, traffic and zoning applications and studies; That the City has selected Bucher, Willis & Ratliff Corporation to perform these services; NOW, THEREFORE, in consideration of these premises and the mutual covenants herein contained, the Parties hereto agree as follows: ARTICLE I SCOPE OF SERVICES 1, For projects on which the scope or the limits of the work cannot be defined in advance, the services performed by the Consultant shall include, but not be limited to: a_ Attendance at the request of the City at regular or special meetings of the City CounciL b. Conferences with members of the City staff which are not in connection with fixed scope projects. c, Coordination with City Public Works and Engineering Staff, d. Coordination with staff for construction observation. e. Representing the City in dealings with the Texas Department of Transportation, Federal Highway Commission or other similar government agencies, as needed. f. Miscellaneous surveying services at the request of the City. g, Miscellaneous drafting services at the request of the City, h, Miscellaneous planning studies or planning advisory services as requested by the City. I, Appearance in Court or before the Zoning Board of Appeals, Planning and Zoning Conunission, Environmental Protection Agency, or other smilar government agencies, as needed. 2. For projects on which the scope is fIXed and the limits of the project can be defined, the services to be performed by the Consultant shall include the following items as required. a, Field surveys, on-site inventories or data collection. b, Feasibility studies, design studies, planning, traffic or preliminary estimates of cost. c, Preparation of reports or studies, d. Geological surveys or subsurface explorations. e. Design of improvements or facilities. Page I LJ ,;-IIBIT A' f. Preparation of detailed construction plans. g- Preparation of right-of-way plans and property descriptions. h. Preparation of Engineer's Estimate of construction cost. I. Preparation of construction specifications and contract documents. J. Preparing applications for funds and obtaining permits and approvals from State and Federal agencies. k. Assisting the City in advertising and awarding construction contracts. 1. Boundary surveys. m, Construction staking. n. Inspection of construction. o. Preparation of as-built plans. p, Computation of individual special property assessments for beneficial district improvements. q, Provide weekly reports on projects that Bucher, Willis & Ratliff Corporation is currently under contract with the City. Prior to commencing work on each project in this category, the Consultant shall submit to the city a proposal which shall specifically itemize which of the above services are to be performed on that project. The City agrees to provide the Consultant any existing information or data on file which will assist the Consultant in the performance of any of the services described herein. ARTICLE II COMPENSATION I. On all projects where the scope is not fixed or the project limits are not defined as described under Article I, Item 1, payment shall be made to the Consultant by the City within thirty days after receipt of an itemized invoice showing labor charges and expenses incurred by the Consultant during the billing cycle at the following rates: Classification Rate $/hr. Principal-in-Charge Office Manager City Consulting Engineer Project Manager Project Engineer Design Engineer Survey Party Chief Technician Clerical $120 - $150 $120 - $140 $100 - $120 $87 -$110 $74 - $87 $65 - $95 $50 - $87 $30 - $74 $25 - $60 Expenses Vehicle Mileage .35/mile Other Expenses At Cost Page 2 2. On all fixed scope projects as described under Article I, Item 2, the Consultant shall submit to the City, prior to commencement of the work, a proposal in which the compensation for the project is specified. The City shall authorize the Consultant to proceed with the work upon acceptance of the proposal. The Consultant may elect to receive payment of the fee in full upon completion of all the work on the project, or as agreed in the individual proposal. The Consultant will submit invoices within 20 days after the last day of each month during which work on the Project has been in progress. The city will pay the Consultant within thirty days after receipt of the Consultant's statement. ARTICLE III TIME SCHEDULE On each fixed scope project, the Consultant shall submit to the City, prior to commencement of the work, a proposal which shall specify the time period required to submit completed plans and specifications on all projects involving construction, or the time period required to submit a final report on projects which do not involve construction. The time period specified shall commence upon the date of Notice to Proceed issued to the Consultant by the City on each project. This contract shall continue in force through December 31,2001 and may be renewed upon the mutual agreement of both parties upon that date. ARTICLE IV MISCELLANEOUS PROVISIONS I. Change in Scope. The scope of the work described in the proposal for each fixed scope project shall be subject to modifications or supplement upon the written agreement of the contracting parties. Any such modification in the scope of the work shall be incorporated by supplemental agreement. At the time of such modification of work, equitable adjustments will be made by the parties in the time of performance and the compensation to be paid on the project. 2. Conferences. Representatives of the City may arrange for such conference and visits as may be deemed necessary or desirable during the progress of the work. 3, Termination. The City reserves the right to tenninate this Agreement at any time, upon written notice, at the City's sole discretion, without cause, or in the event the services of Bucher, Willis & Ratliff Corporation are unsatisfactory, or upon failure to prosecute the work with the diligence or to complete the work within the time limits specified; provided, however, that in any such case, Bucher, Willis & Ratliff Corporation shall be paid the reasonable value of the services rendered up to the time of tennination on the basis of the payment provisions of this Agreement. 4, Binding Upon Successors. This Agreement shall be binding upon the undersigned parties, their successors, partners, assigns, and legal representatives. Page 3 5. Insurance. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance. a. General Liability Insurance, with a combined single limit of $1,000,000 for each occurrence and $1,000,000 in the aggregate. b. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. c. Workers' Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance, with a limit of $500,000 for each occurrence. d. Professional Liability Insurance, with a limit of $5,000,000 annual aggregate, Consultant shall, upon written request, furnish Owner certificates of insurance which shall include a provision that such insurance shall not be canceled without at least thirty days' written notice to City. The Consultant shall include the City as additional insureds on their General Liability Insurance policies, All project contractors shall be required to include City and Consultant as additional insureds on their General Liability insurance policies, and shall be required to indemnity City and Consultant to the same extent. Consultant and City waive all rights against each other and their directors, officers, partners, commissioners, officials, agents, and employees for damages covered by property insurance during and after the completion of the Services. 6, Liability and Indemnification. a. General. Having considered the potential liabilities that may exist during performance of the Services, the benefits of the Project, and the Consultant's fee for the Services, and in consideration of the promises contained in this Agreement, City and Consultant agree to allocate and limit such liabilities in accordance with this Article. b. Indemnification. Consultant and City each agrees to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages and expenses to the extent such claims, losses, damages or expenses are caused by its negligent acts, errors or omission. In the event such claims. losses, damages or expenses are caused by the joint or concurrent negligence of Consultant and City, they shall be borne by each party in proportion to its own negligence. c. Employee Claims. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant's employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City's employees. d. Survival. Upon completion of all Services, obligations and duties provided for in this Agreement, or if this Agreement is terminated for any reason, the terms and conditions of this article shall survive, 7 _ Opinions of Cost and Schedule. Since Consultant has no control over the cost of labor, materials or equipment furnished by others, or over the resources provided by others to meet Project schedules, Consultant's opinion of probable costs and of Project schedules shall be made Page 4 on the basis of experience and qualifications as a professional engineer. Consultant does not guarantee that proposals, bids, or actual Project costs will not vary from Consultant's opinion of probable costs or that actual schedules will not vary from Consultant's project schedules. 8. Reuse of Documents. All documents, including but not limited to, drawings, specifications, and computer software prepared by Consultant pursuant to this Agreement are instruments of service in respect to a Project. They are not intended or represented to be suitable for reuse by City or others on extensions of a project or on any other project. Any reuse by the City without prior written verification or adaptation by Consultant for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant. City shall defend, indemnify, and hold harmless Consultant against all claims, losses, damages, injuries, and expenses, including attorneys' fees, arising out of or resulting from such reuse, Any verifications or adaptation of documents will entitle Consultant to additional compensation at rates to be agreed upon by City and Consultant. 9. Ownership of Documents and Intellectual Property. Except as otherwise provided herein, documents, drawings, and specifications prepared by Consultant as part of the Services shall become the property of City, provided, however, that Consultant shall have the right to their use in its ordinary course of business. Consultant and City shall each retain rights in their standard drawings details, specifications, data bases, computer software and other proprietary property. Rights to intellectual property developed, utilized or modified in the performance of the Services shall be the joint property of Consultant and City, provided that Consultant shall have the right to use said property in its ordinary course of business. IN WITNESS WHEREOF, said parties have caused this Agreement to be signed by their only authorized officers in three counterparts, each of which shall be deemed an original, on the day and year first written. ATTEST: CITY OF PARIS, TEXAS City Clerk Mayor ATTEST: BUCHER, WILLIS & RATLIFF CORPORATION 'M..~ cu-/ :~ ,.) , I j~l~I'{JlU ~~.___ Kevin D. Newman PrincipaVExecutive Vice President Page 5 B. FRANK DAVIS, JR., P.E., R.P.L.S. Civil Engineer - Project Manager EDUCATION: Bachelor of Science, Civil Engineering - Texas A & M University, 1981 MEMBERSHIP AND REGISTRATION: Registered Professional Engineer, Texas, 1995 (Registration #58852) Registered Professional Land Surveyor, Texas, 1998 (Registration #4671) National Society of Professional Engineers (NSPE) Texas Society of Professional Engineers (TSPE) American Public Works Association (APW A) Texas Public Works Association (TPW A) American Water Works Association (A WW A) PROFESSIONAL EXPERIENCE: Mr. Davis' responsibilities with BWR include project management and coordination with clients for a variety of civil engineering related projects. Mr. Davis has managed projects from inception through construction completion for projects that include roadway widening, roadway rehabilitation, new location roadways, drainage and floodplain improvement, and new bridge and bridge replacement projects. The projects managed typically involve property and design surveying; preliminary engineering; highway engineering; hydrologic/hydraulic engineering; plans, specifications and estimates (PS&E); and construction administration. Prior to joining BWR in July 2000, Mr. Davis was a project manager with the Brannon Corporation. He was responsible for providing professional engineering services in the planning, design and construction management of private development and public works improvements, including streets, storm drainage, airports, and parks. Projects included: . City of Livingston - Sanitary Sewer Relocation along U. S. highway 59 Bypass . City of Atlanta - Hall-Miller Municipal Airport . Hale County Airport . Cherokee County Airport Terminal . City of Beaumont - Airport Fuel Facility . City of Center - Grant application for the construction of baseball, softball and soccer facilities and nature trail . City of Paris - Grant application for Statewide Transportation Enhancement Program . Rivercrest LS.D. - Site civil, grading and drainage plans for construction of new elementary school building. . Primax Construction, Inc. - Site civil, grading, drainage and landscape plans for construction of commercial development sites. Mr. Davis also has served as the City Engineer for the City of Tyler where he was responsible for the operation and administrative activities of the Engineering Services Department. He provided engineering services in the planning, design and construction management of public works improvements, including street, storm drainage, airport, and parts. He administered the city's infrastructure needs program which includes approximately 114 street and traffic projects, 77 major drainage projects, and 42 projects for the Airport, Parks, and Public Safety. He completed 11 projects totaling $4,638,770 and had 10 projects under construction with total contract cost of $3,651,869. He supervised 12 projects in the design and development stage with an estimated cost of construction of $8,795,000. Most notable of the completed capital improvement and maintenance projects were: . North Broadway Avenue, Black Fork Creek to Loop 323 ($2,082,835) . Ferguson Street Reconstruction ($596,412) . Paving Rehabilitation to M. 1. King Boulevard ($454,200) . Drainage Improvements to West Mud Creek at WSE Loop 323 ($994,606) . Paving Improvements to Old Bullard Road ($588,483) . Drainage Improvements to Black Fork Creek Tributary D-2 ($420,711) . 1998 Residential Street Asphalt Overlay Program ($1,004,197) As Director of Public Works/City Engineer for the City of Waxahachie, Mr. Davis oversaw the operation and administrative activities of the Engineering, Building Inspection, Street Maintenance and Central Garage departments. He developed a feasibility study for $9 million in Street and Drainage Bonds and $4.2 million in Water system Improvements bonds. He completed or had under construction approximately 18 Water Utilities improvement projects and 24 Public Works improvement projects having a total construction cost in excess of $20 million. Billy Frank Davis, Ir. Page I Nov. 1995 to July 1999 CITY OF TYLER P.O. Box 2039 Tyler, Texas 75710 (903) 531-1134 POSITION: CITY ENGINEER SUPERVISOR: Pinkney 1. Butler, City Manager As the City Engineer I was responsible for the operation and administrative activities of the Engineering Services Department for the City of Tyler. I provided professional engineering services in the planning, design and construction management of public works improvements, including street, storm drainage, airport, and parks. My specific duties and responsibilities were as follows: Provide technical engineering advice to the City Council and appointed boards, the City Manager, and other departments. Supervise and direct the activities of the Engineering Services Department. Provide indirect support to the Street and Drainage Maintenance Department. Prepare and monitor the department annual operating budget. Supervise the preparation of plans, specifications, and contract documents for capital improvement projects and Community Development Block Grant street and drainage improvement projects. Perform the contract bid letting, contract administration, and construction inspection of capital improvement projects and major maintenance contracts. Maintain records and construction plans of all public works projects. Review subdivision plats and construction plans submitted by private developers for compliance with development ordinances, standards, Master Thoroughfare Plan, and capital improvement needs and associated projects Administration of Hood Plain Ordinance. I administered the city's infrastructure needs program which includes approximately 114 street and traffic projects, 77 major drainage projects, and 42 projects for the Airport, Parks, and Public Safety. I completed II projects totaling $4,638,770 and had 10 projects under construction with total contract cost of $3,651,869. I also supervised 12 projects in the design and development stage with an estimated cost of construction of $8,795,000. Most notable of the completed projects are: N. Broadway Avenue, Black Fork Creek to Loop 323 ($2,082,835) Ferguson Street Reconstruction ($596,412) Paving Rehabilitation to M. 1. King Boulevard ($797,581) Drainage Improvements to West Mud Creek at WSW Loop 323 ($994,606) Paving Improvements to Old Bullard Road ($588,483) Drainage Improvements to Black Fork Creek Tributary D-2 ($320,711) 1998 Residential Street Asphalt Overlay Program ($1,004,197) Billy Frank Davis, Jr. Page 2 Oct. 1990 to Nov. 1995 CITY OF W AXAHACHIE P.O. Box 757 Waxahachie, Texas 75165 (214) 937-7330 POSITION: DIRECTOR OF PUBLIC WORKS 1 CITY ENGINEER SUPERVISOR: Robert W. Sokoll, City Manager As the Director of Public Works I oversaw the operation and administrative activities of the Engineering, Building Inspection, Street Maintenance and Central Garage departments for the City of Waxahachie. Specific duties and responsibilities include: Contract Administration and inspection of all Capital Improvement and Public Works projects for the City of Waxahachie and the Ellis County Water Control and Improvement District Number One. Provided technical engineering advice to the City Council, appointed boards and the City Manager. Review of Public Works ordinances and preparation of revisions as needed. Performed feasibility studies on the water and wastewater treatment facilities and distribution and collection systems. Established design manuals and specifications for street, drainage and water utility construction. Represented the City of Waxahachie at board and commission meetings and at various civic functions. Maintained records, contract documents and construction plans of all Public Works projects. Administration of Flood Plain Ordinance. Developed feasibility study responsible for voter approval of $9,000,000 in Street and Drainage Bonds and $4,200,000 in Water System Improvement Bonds in 1993. I completed or had under construction approximately eighteen (18) Water Utilities improvement projects and twenty-four (24) Public Works improvement projects having a total construction cost in excess of $20,000,000. Most notable projects are: Rehabilitation of the South Prong Dam ($3,225,000) Dunlap-Parks Area Street & Drainage Improvements ($925,000) Munchus-Getzendaner Area Street & Drainage Improvements ($1,119,000) Water Treatment Plant Improvements ($4,055,300) Ferris - Kirksey Street Improvements ($498,730) Raw Water Pump Station No.2 ($995,700) East Side Water Line (24"RCCP) ($1,014,305) Billy Frank Davis, Jr. Page 3 April 1988 to Oct. 1990 CITY OF DESOTO P.O. Box 550 DeSoto, Texas 75115 (214) 230-9600 POSITION: CITY ENGINEER SUPERVISOR: Gordon J. Mayer, Jr., P.E., Director of Public Works As City Engineer, I provided professional engineering services in the planning, design and construction management of a wide variety of public works improvements including water distribution and sewer collection facilities, streets, storm drainage, parks and public buildings. My principle duties and responsibilities for the City of DeSoto were as follows: Supervise and direct the activities of the Engineering Division as well as indirect supervision of the operation and maintenance personnel within the Department of Public Works. Preparation and monitoring of the Engineering Department operating budget. Supervise the preparation of plans, specifications, and contract documents and coordinated the bid letting, inspection and contract administration for maintenance and Capital Improvement projects. Review subdivision plats and construction plans submitted by private developers for compliance with Master Thoroughfare Plan, Capital Improvement needs and programs, and local standards and ordinances. Provide technical engineering advice to other departments, the City Manager, the City Council and appointed boards. I was responsible for the completion of a Street and Drainage Capital Improvements Program with a budget of over $17 million. The program consisted of four major thoroughfare projects and three bridge improvement projects. Five of these projects were completed during my tenure, all under budget. In addition, I provided all design and contract administration for a $500,000 street rehabilitation program provided in the annual budget. My duties also required the contract administration of the Water and Sewer Capital Improvements Program which included the construction of the following facilities: 5 million-gallon ground storage tank. 22 MGD pump station. Approximately three miles of large diameter water lines (l8-inch, 24-inch and 42-inch pipes). Rehabilitation and painting of a 1.5 million-gallon and a 0.75 million-gallon elevated water storage tank.