1994-090-RES WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 94-011 authorize an
RESOLUTION NO. 94-090
WHEREAS, the City Council of the City of Paris did heretofore in
Resolution No. 94-011 authorize an application to be made to the Texas Department
of Transportation for the installation of lighted guidance signs on Runway 17/35 at
Cox Field Airport, grant; and,
WHEREAS, the City Council of the City of Paris did heretofore in
Resolution No. 94-055 accept the Grant Offer for TxDOT Project No. 94-43-103 for
the installation of lighted guidance signs on Runway 17/35, Cox Field Airport, in the
total amount of $67,545.00, requiring a matching contribution of $7,505.00, to be
funded by Certificates of Obligation; and,
WHEREAS, the City of Paris requires Professional Engineering Services to
prepare plans and specifications, with bidding and construction administration
services, for improvements to the existing lighted guidance signs on Runway 17/35,
Cox Field Airport; and,
WHEREAS, the form of Agreement for such Professional Engineering
Services, attached hereto as Exhibit A, should, in all things, be approved, and the
Mayor, Don Shelton, should be authorized to execute the same; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, that the Engineering Services Agreement between Bucher, Willis & Ratliff
and the City of Paris be, and the same is hereby, approved in the form of Exhibit A,
attached hereto; and,
BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Don
Shelton, be, and he is hereby, authorized and directed to execute on behalf of the
City of Paris the Engineering Services Agreement between Bucher, Willis & Ratliff
and the City of Paris in the form of Exhibit A, attached hereto.
PASSED AND ADOPTED this 18th day of July, 1994.
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ATTEST:
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Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
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ENGINEERING SERVICES AGREEMENT
This AGREEMENT, made this day of ,1994 between the CITY
OF PARIS, TEXAS, hereinafter called "CITY;' and BUCHER, WILLIS & RATLIFF, Consulting
Engineers, Planners & Architects with offices in Tyler, Texas, hereinafter called the "ENGINEER."
WTINESSETIi:
mAT 1HE CITY requires Professional Engineering services required to prepare plans and
specifications with bidding and construction administration services for proposed improvements
to the existing airfield guidance sign system, hereinafter called the "PROJECT."
mAT the CITY has selected BUCHER, WILDS & RATLIFF to perform the services as described
herein.
NOW, lHEREFORE, the OTY and the ENGINEER for considerations hereinafter set forth, agree
as follows:
ARTICLE I
SCOPE OF SERVICES
TO BE PROVIDED BY ENGINEER
The ENGINEER, upon receipt of written notice from the CITY that this AGREEMENT has been
approved, agrees to perform the following services as expeditiously as is consistent with
professional skill and care, and the orderly progress of the work. This scope of services will
produce construction plans and document/specifications construction with quantities and
opinion of probable construction costs which will implement the existing FAA approved sign
plan. The ENGINEER will assist the CITY in the advertisement for construction bids, receipt of
bids, award of construction contracts, construction material testing, and services of a Resident
Project Representative during project construction phase. All services will be performed in
accordance with good engineering practice and applicable published design criteria of the
Federal Aviation Administration (FA.A.). The following is a detailed description of the specific
services by item that are a duty of this AGREEMENT.
1. PRELIMINARY ENGINEERING
a. Verify existing FAA approved sign plan.
b. Conduct field surveys and collect applicable existing drawings from OTY.
c. Perform the site investigations to verify existing airfield electrical and guidance sign
systems.
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EXHIBIT A
d. Prepare preIiminary construction drawings of the proposed improvements to the
existing guidance sign system plan in accordance to the existing FAA approved
Guidance Sign System Plan.
Construction Plans will include:
Title Sheet
Existing Airport Layout Plan
Estimated Quantity Sheet
Guidance Sign System Plan Sheets
Electrical Details and Notes
Signage Detail Sheets
Suggested Construction Sequence
e. Prepare preIiminary construction document/specifications for the PROJECT.
f. Calculate probable construction quantities.
g. Prepare engineer's opinion of probable construction costs.
h. Furnish CITY two (2) sets and TxDOT, Division of Aviation two (2) sets of Preliminary
Construction Plans and Specifications for review and comments.
2. FINAL DESIGN
a. Attend meeting with CITY to review Preliminary Construction Plans and Specification
review comments received from CITY and TxDOT.
b. Finalize Construction Plans and Contract Documents/Specifications incorporating final
review comments.
c. Resubmit Final Plans and Contract Documents/Specifications to CITY for final review.
d. Prepare bidding documents.
3. BIDDING PHASE
a. Assist CIlY in advertising for bids.
b. Print and distribute Plans and Contract Documents/Specifications to plan holding
houses and prospective bidders.
c. Respond to contractor's questions regarding plans, specifications and bidding
documents.
d. Attend Bid Opening at City Hall.
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e. Tabulate bids and recommend to the CITY the lowest responsible bidder for award of
the Contract.
f. Assist CITY in the execution of the final Contract between CITY and CONTRACTOR.
4. CONSTRUCTION ADMINISTRATION PHASE
a. Attend Pre-Construction Conference at the airport.
b. Provide five (5) sets of Plans and Contract Documents/Specifications to Contractor for
use during construction.
c. Perform field surveys to establish project control monumentation.
d. Log, review and distribute shop drawings submitted by the Contractor.
e. Assist CITY in reviewing and evaluating change order requests submitted by the
Contractor.
f. Review progress payment requests submitted by the Contractor and make
recommendations to the OTY for payment.
g. Review inspection and test reports submitted by the testing laboratory and distribute
to Contractor, CITY and TxOOT, Division of Aviation.
h. Conduct periodic visits to the project site to observe construction work in progress and
provide appropriate reports to the sponsor.
i. Conduct a final inspection with the CITY and TxDOT and submit a record of the
inspection.
j. Prepare record drawings and furnish five (5) sets plus one (1) set of reproducibles to
the CITY.
5. SPECIAL SERVICES
The professional services set forth below are not included as a part of items 1, 2, 3, and 4.
No Special Services shall be performed by the ENGINEER unless authorized by the CITY.
a. Resident project representative for continuous or as-needed on-site observation
construction.
b. Provide for detailed construction layout surveys, if required.
c. Boundary, land and right-of-way surveys, establishment of monuments and related
office computations and drafting.
d. Preparation of property or easement descriptions and related drawings.
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e. Assistance to the CITY as an expert witness in any litigation with third parties arising
from the development or construction of the PROJECT.
f. Appearance before regulatory agencies.
g. Preparation of Environmental Impact Assessment Reports and assistance to the CITY
in preparing for, and attending, public hearings.
h. Prepare applications for government grants or advances other than the preapplication.
i. Detailed mill, shop and/or laboratory inspection of materials or equipment.
j. Additional copies of reports, plans, specifications and documents above the number
specified to be furnished under the items 1 through 4.
k. Travel and subsistence for the ENGINEER and his staff beyond that normally required
under items 1 through 4, when authorized by the CITY.
1. Preparation of operating instruction and manuals for facilities and training of personnel
in the operation of the facilities.
m. Actual performance of soils and foundation investigations, including field and
construction laboratory tests, borings, related engineering analyses, and
recommendations.
n. Extensive revision of contract drawings after a definite plan has been approved by the
CITY.
o. Preparation of a new Airport Layout Plan or extensive revisions for an existing Airport
Layout Plan.
p. Preparation of feasibility or rate-making studies.
q. Any other services required for the PROJECT, authorized in writing by the CIlY, and
not otherwise provided for in this AGREEMENT.
ARTICLE IT
SCOPE OF SERVICES
TO BE PROVIDED BY CIlY
The OTY agrees that it has designated the Director of Community Facilities, Dick Boots, as the
CITY's representative for this project. Also, the Airport Manager and the staff as designated by
the Director of Community Facilities, will cooperate with the ENGINEER in the performance of
the services under this AGREEMENT and will be available for consultation with the ENGINEER
at such reasonable times as do not conflict with their other responsibilities.
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The CITY further agrees to furnish to or make available for examination by the ENGINEER all
data and information which the CIlY may have available and the ENGINEER shall be entitled
to rely upon such data and information furnished or caused to be furnished by the CIlY in the
performance of the services by the ENGINEER hereunder.
The CITY also agrees to provide access to the site and other pertinent facilities to the ENGINEER
as may be required for the completion of these services.
ARTICLE m
TIME SCHEDULE
The ENGINEER agrees to complete the services described in items 1 and 2 of Article I within
sixty (60) calendar days of receipt of written notice to proceed from OTY. Services described
in items 3 and 4 of Article I will be completed concurrently with implementation of the
improvements provided by the project.
ARTICLE N
COMPENSATION
The CITY agrees to pay the ENGINEER the lump sum amounts stated below for each of the
sections of the SCOPE OF SERVICES included in ARTICLE I of this AGREEMENT.
1. PreIiminary Engineering
Nine Thousand, Six Hundred, Seventy-Six Dollars $ 9,676
2. Final Design
Two Thousand, Eight Hundred, Eighty-Four Dollars 2,884
3. Bidding Phase
Three Hundred Fifty-Eight Dollars 358
4. Construction Administration Phase
Two Thousand, Three Hundred, Fourteen Dollars 2.314
Total Compensation $15,232
5. Special Services
As described below:
In the event that the CITY elects to have the ENGINEER furnish Special Services as set forth in
ARTICLE 1.5, the compensation for such services shall be calculated on the basis of the following
hourly rates for officers and employees directly involved in furnishing the services: .
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Partner
Project Manager
Project Engineer
Electrical Engineer
Engineering Technician
Draftsman
Clerical
3 Man Survey Crew
$120.00
$ 90.00
$ 55.00
$ 65.00
$ 36.00
$ 20.00
$ 30.00
$ 90.00
The above listed hourly rates shall include all direct salary costs, indirect salary costs, fringe
benefits, overhead, any other payroll costs and profit.
1. Reimbursable expenses directly chargeable to the PROJECT for the following items shall
be billed at actual cost plus a service charge of 10 percent (10%) to recover
administrative costs.
a. Travel and subsistence authorized by the CI1Y to points other than the CI1Y's office
and the work site.
b. Printing and reproduction costs for copies of plans, specifications, contract
documents and reports in excess of the number specified under ARTICLE I.
The CITY agrees to pay the ENGINEER installments billed not more frequently than once each
month. Installment amounts shall be at the completion of item 3 and percentage of completion
by the ENGINEER for the items 1, 2 and 4. Item 5 shall be billed monthly as incurred.
Payment shall be made to the ENGINEER by the CITY within thirty (30) days after receipt of
the billing by the ENGINEER.
ARTICLE V
GENERAL PROVISIONS
1. Chan~ in Scope: The scope of the work described in ARTICLE I, Scope of Services, shall
be subject to modification or supplement upon the written agreement of the contracting
parties. Any such modifications 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 conferences and visits as
may be deemed necessary or desirable during the progress of the services.
3. Owners~ of Documents: Original documents, plans, design and survey notes developed
in connection with the services performed under this AGREEMENT belong to, and remain
the property of the CITY, in consideration of which it is mutually agreed that the CIlY will
use them solely in connection with this PROJECT, except with the express written consent
of the ENGINEER. ENGINEER may retain reproducible copies of the documents.
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4. Liabilitv Limitation: ENGINEER agrees to indemnity and save harmless the OTY, its
officials, agents, servants, officers, directors and employees from and against all claims,
expenses, demands, judgments and causes of action for personal injury or death or damage
to property where, and to the extent that, such claims, expenses, demands, judgments or
causes of action arise from ENGINEER's negligence.
5. Termination: This AGREEMENT may be terminated by either party upon seven days'
written notice in the event of substantial failure by the other party to perform in accordance
with the terms hereof through no fault of the terminating party; provided, however, that
in any such case, the ENGINEER shall be paid the reasonable value of the services rendered
up to the time of termination on the basis of the payment provisions of this AGREEMENT.
If this AGREEMENT is terminated, copies of all completed or partially completed designs,
plans and specifications prepared under this AGREEMENT shall be delivered to the CITY
when the ENGINEER has received payment. It is mutually agreed that the CITY will use
them solely in connection with this PROJECT, except with the express written consent of
the ENGINEER.
6. Bindine Upon Successors: This AGREEMENT shall be binding upon the undersigned
parties, their successors, partners, assigns, and legal representatives.
7. Venue: Venue and jurisdiction of any suit, right or cause of action arising under or in
connection with this AGREEMENT shall be in Lamar County, Texas.
8. Access to Documents: Duly authorized representatives of the CITY, TxDOT, Division of
Aviation, shall have access to any books, documents, papers, and records of ENGINEER
which are directly pertinent to the PROJECT, for the purpose of making audits,
examinations, excerpts, and transcriptions. ENGINEER will retain all records pertinent to
the PROJECT for three (3) years after CITY makes final payment and all other pending
matters are closed.
9. Causes of action between the parties to this AGREEMENT pertaining to acts or failures to
act shall be deemed to have accrued and the applicable statutes of limitations shall
commence to run not later than either the date of Substantial Completion for acts or failures
to act occurring prior to Substantial Completion, or the date of issuance of the final
Certificate for Payment for acts or failures to act occurring after Substantial Completion.
10. Title VI Assurances: During the performance of this AGREEMENT, the ENGINEER, for
itself, its assignees and successors in interest agrees as follows:
(a) ComDliance with Re~ations. 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. .
(b) Nondiscrimination. The ENGINEER with regard to the services performed by it
during the AGREEMENT, shall not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors, including procurement
of materials and leases of equipment. The ENGINEER shall not participate either
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directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program set
forth in Appendix B of the Regulations.
(c) Solicitations for Subcontracts Includin~ Procurement of Materials and Equipment: In
all solicitations either by competitive bidding or negotiation made by the ENGINEER
for services to be performed under a subcontract, including procurement of materials
or leases of equipment, each potential subcontractor or supplier shall be notified by the
ENGINEER of the ENGINEER's obligations under this AGREEMENT and the
Regulations relative to nondiscrimination on the grounds of race, color, or national
origin.
(d) Information and Rel'Orts. The ENGINEER shall provide all information and reports
required by the Regulations or directives issued pursuant thereto and shall permit
access to its books, records, accounts, other sources of information, and its facilities as
may be determined by the CITY to be pertinent to ascertain compliance with such
Regulations, orders, and instructions. Where any information required of a ENGINEER
is in the exclusive possession of another who fails or refuses to furnish this
information, the ENGINEER shall so certify to the CITY or TxDOT, Division of
Aviation, as appropriate, and shall set forth what efforts it has made to obtain the
information.
(e) Sanctions for Noncompliance. In the event of the ENGINEER's noncompliance with
the nondiscrimination provisions of this AGREEMENT, the CITY shall impose such
contract sanctions as it is or TxDOT, Division of Aviation, may determine to be
appropriate, including, but not limited to:
(1) Withholding of payments to the ENGINEER under the AGREEMENT until the
ENGINEER complies, and/or
(2) Cancellation, termination, or suspension of the AGREEMENT, in whole or in part.
(f) IncOl;poration of Provisions: The ENGINEER shall include the provisions of
paragraphs (a) through (e) above, in every subcontract, including procurement of
materials and leases of equipment, unless exempt by the Regulations or directives
issued pursuant thereto. The ENGINEER shall take such action with respect to any
subcontract or procurement as the CITY or TxDOT, Division of Aviation, may direct
as a means of enforcing such provisions including sanctions for noncompliance;
provided, however, that in the event an ENGINEER becomes involved in, or is
threatened with, litigation with a subcontractor or supplier as a result of such
direction, the ENGINEER may request the CITY to enter into such litigation to protect
the interests of the CITY and, in addition, the ENGINEER may request the United
States to enter into such litigation to protect the interests of the United States.
11. This AGREEMENT represents the entire and integrated agreement between the CITY and
ENGINEER and supersedes all prior negotiations, representations or agreements, either
written or oral. This AGREEMENT may be amended only by written instrument signed
by both CITY and ENGINEER.
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IN WTINESS WHEREOF, said parties have caused this AGREEMENT to be signed by their duly
authorized officers in three (3) counterparts, each of which shall be deemed an original, on the
day and year first written.
CITY OF P ARlS
P. O. Box 9037
Paris, Texas 75460
ENGINEER
BUCHER, WILLIS &: RATLIFF
3620 Old Bullard Road, Suite 206
Tyler, Texas 75701
By
By
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Don Shelton
Title Mavor
Title Partner
ATTEST:
By
Mattie Cunningham
APPROVED AS TO FORM:
By
Title:
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