1841 RES CITY COUNCIL IS DESIROUS OF ACCOMPLISHMENT OF IMPROVEMENT TO BLAKE ROADRESOLUTION N0. 1841 ,
WHEREAS, the City Council of the City of Paris is desirous
of accomplishment of improvement to Blake Road, from 20th Street,
N. E, to Fitzhugh Avenue, and in order to do so requires the ser-
vices of the Engineering rirm of Shimek, Jacobs & Finklea; and,
WHEREAS, the City Council is desirous of accomplishment of
drainage improvements tn the North part of the City of Paris, and in
order to do so requires the services of the Engineering Firm of
Lockwood, Andrews & Newnam, Inc. ; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the Mayor of the City of Paris, James M. Brunette,
be, and he is hereby authorized to execute on behalf of the City of
Paris the contract with Shimek, Jacobs & Finklea, upon the terms
and conditions and in the form attached hereto as Exhibit A, and the
Cflntract with Lockwood, Andrews & Newnam, Inc., upon the terms
and conditions and in the form attached hereto as Exhibit B.
Passed and adopted this 12th day of December, 1977.
~ '
,J es M, run , ayor
A TTES~':
~
- _ sL,...f:_.:
H. C. Gree e, City Clerk
APPROVE~ TO FORM:
,
T. , aynes, City ttorney
STATE OF TEXAS 0
COUNTY OF LAMAR 0
This Agreement, made and entered into this 12th day of
December, 1977, by and between the CITY OT PARIS, Paris, Texas,
acting herein by and through its Mayor, James M. Brunette, duly au-
thorized to so act on December 12, 1977, hereinafter called "City",
and the firm of SHIMEI<, JACOBS & FINKLEA, hereinafter called
"Engineer"
WITNESSETH:
WHEREAS, the City proposes to make certain improvements to
Blake Road in the general area between Fitzhugh Avenue and 20th Street,
and consisting primarily of water main, street and drainage improve-
ments; and
WHEREAS, the City is in need of engineering services to
accomplish the proposed improvements; and
WHEREAS, the firm of Shimek, Jacobs & Tinklea is acceptable
to the City, and is willing to enter into a contract to perform the en-
gineering services necessary to construct the proposed water main,
paving and drainage improvements,
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
EXHIBIT A
Io
City hereby retains the Engineer and the Engineer agrees to
perform the professional services necessary in connection with the
design and construction of the proposed improvements to Blake Road.
I I.
The services performed by the Engineer shall be divided into
two phases, as follows:
Phase 1- Preparation of detailed plans and specifications.
Phase 2- General administration of construction. '
Phase 1-- Preparation of detailed plans and specifications -
shall include:
(a) Surveys, design and layout of improvements which are to
be consrructed;
(b) Establishing the scope of any soil and foundation investiga-
tions which may be required and assisting in making the
necessary arrangements for the Gity's account;
(c) Furnishing the engineering data necessary for applications
for routine permits by local, state and federal authorities
(as distinguished from detailed applications and supporting
documents for government grants or for planning advances);
(d) Preparation of detailed plans, specifications and contract
documents for the improvements;
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(e) Preparation of project quantities and cost estimates;
(f) Furnishing information necessary to utility companies
whose facilities may be affected by the project.
(g) Submit plans, specifications and contract documents to the
applicable state agency for approval, where necessary.
Phase 2- General administration of construction - shall include:
(a) Assistance in the advertisement of the project for bids;
(b) Assistance in the opening, tabulation and analysis of the
bids received and recommendations as to the appropriate
action to be taken;
(c) Assistance in the preparation of formal contract documents
for construction contracts;
(d) Review of construction schedules prepared by the contractor
and preparing estimates of cash requirements on a monthly
basis where requested;
(e) Making periodic visits to the site (as distinguished from
the continuous services of a resident Project Representative)
to observe the executed work and to determine in general if
the work is proceeding in accordance with the contract do-
cuments. In carrying out this function, it is understood
that the Engineer does not guarantee the contractor's per-
formance, nor is he responsible for supervision of the
contractor's operation and employees;
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(f) Consulting and advising with the City and preparing routine
change orders as required;
(g) Reviewing shop and working drawings furnished by con-
tractors for compliance with design concept and with infor-
mation given in contract documents (Contractor is responsi-
ble for dimensions to be confirmed and correlated at job
site);
(h) Interpreting intent of plans and specifications to City,
Contractor and resident Project Representative;
(i) Preparation of monthly and final estimates for payments to
contractors, and furnishing any necessary certifications as
to payments to contractors and suppliers;
(j) Performing, in company with the representative of the
City, a final inspection of the project;
(k) Revision of construction drawings, with the assistance of
the resident Project Representative, to reflect any revi-
sions included in construction records.
III.
For the basic services outlined in Section II, above, the total
compensation to the Engineer shall be the lump sum amount of
$13, 488. 00. Upon completion of the preparation of detailed plans and
specifications, the Engineer shall be paid an amount equal to
eighty-five percent (8570) of the stipulated lump sum amount. During
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the progress of construction, the Engineer shall be paid the remain-
ing fifteen percent (15°/~0) of the stipulated lump sum amount. This
payment shall be made in proportion to the contractor's earnings and
shall be adjusted as necessary during the life of the contract so that
the total amount paid to the Engineer shall be equal to the percentage
stipulated.
IV.
The charge provided herein shall not include property, boundary
and right--of-way surveys, shop, mill, field or laboratory inspection of
materials; cost of test bor.ings and other subsurface explorations;
copies of plans and specifications in excess of five (5); calculations of
special assessments or preparation of right-of-way plats and descrip-
tions; the services of a resident Project Representative for continuous
on-the-site observance of the work; or the furnishing of construction
line and grade surveys.
If the City elects to have the Engineer furnish services of a
resident Project Representative for continuous on-the--site observance
of the work or the furnishing of construction line and grade surveys,
the Engineer will furnish this service at the actual sa.lary cost of
personnel thus engaged times a multiplier of 2. 10; direct expenses
and subcontract costs incurred shall be reimbursed at actual cost
times a multiplier of l. 10.
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If, during preparation of the plans and specificatians, or i
after, the Engineer shall be required to render additional servicf-
cause of changes, delays or other causes beyond his control, t1-ic
Engineer shall be compensated for such additional services on r.h(
of salary cost times a multiplier of 2. 25, with direct expense rc~1
bursed at actual cost times a multiplier of l. 10.
V.
Any provision in this contract notwithstanding, it is specifi :
understood and agreed that the Engineer shall not authorize or u°
take any work pursuant to this contract, which work would requir<3
payment of any charge, expense or reimbursement in addition to tc
charge stipulated in Section III, above, without having first had anc-1
tained specific written authority therefor.
VIo
This contract shall not be assignable in whole or in part , " ~
the consent of the City.
V II.
In connection with all the work outlined or contemplated abc,
it is agreed that either the City or the Engineer may cancel or t(
mi.nate tliis contract upon thirty (30) days' written notice to the otl
with the provision and understanding that immediately upon receipt
notice of such cancellation, from either party to the other, all wor,
6 -
labor being performed under this contract shall immediately ce,
pending final cancell.ation at the end of such thirty (30) day peri(
further provided that the Engineer shall be compensated in acc-
with the terms of this agreement for all work accomplished by
prior to the receipt of such termination.
IN WITNESS HEREOF, the CITY OF PARIS, Paris, Tex: ~
caused these presents to be executed in duplicate by its City N
and witness the execution hereof of SHIMEIC, JACOBS & FINKD_.
Consulting Engineers, through C. L. Shimek, P. E., Partner.
CITY OF PARIS
By:
James M. Brunette, Mayor
ATTEST: _
H. C. Gx'eene, City Clerk
SHIMEI<, JACOBS & FINI<LF
By:
C. L. Shimek, P. E. , Partn,
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
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PROFESSIONAL SERVTCES AGREEMENT
The CXTY`,OF:PARFS,PARIS, TEXAS, as CLIENT engages LOCKWOOD, ANDREWS &
NEtdNAM, INC. as ENGINEER to perform professiona1 services for the assignment
described as follows: preparation of plans and specifications and easement
field notes for drainage improvements in the north part of the City of Paris,
the locati.ons being known as Lines A3a and A3h from Nenderson Street and from
the Railroad to 1000' North of Loop 286 and Line A2a from 700' East of 9th
Street to 1000' Northeast of Loop 286. I. SERVICES: ENGINEER agrees to perform Basic Services and Additional
Services in conformance with the following descriptions, definitions,
terms and conditions. "
A. BASIC SERVICES: ENGINEER wi11 perform these services in three phases.
1. Preliminary Phase: ENGINEER will discuss the assignment with
CLIENT; arrange for right-of-way surveys, sail borings,. investi-.
gations and tests for CLIENT'S account, as required; prepare
preliminary drawings and preliminary construction cost•estimates;
and present recommendations. :
2. Design Phase: After conpletion of Preliminary Phase and vrhen
authorized by CLIENT, ENGINEER wi11 arrange for additional right-
of-way surveys, soil borings, investigations and tests for CLIENT'S
account, as required; prepare final contract drawings in ink on.
mylar, spe^ifications and cast estimates; and prepare necessary -
bidding documents. -
3. Construetion Phase: After completion of Design Phase and when
authorized by CLIENT, ENGINEER will assist CLIENT in securing and
analyzing bids or negotiated proposals, recommend awards of con-
struction contracts and consult with GLIENT during construction;
transmit instructions"of CLIENT to Contractor; periodical1y visit
construction site to observe progress and qua1ity of work; inter-
pret drawings and specifications; review shop drawings, material
and equipment tests and Contractor`s pay estimates; observe the
completed construction for conformity to contract documents;.and
issue ta Contractor a Certificate of Completion at which time Basic
Services s-hall be deemed complete.
.
B. ADDITIONAL SERVICES: A11 work performed by ENGINEER which is either
described in this paragraph or not included in the Basic Services
defined above, shall constitute Additional Services. These shall
include:
1. Travel and subsistence to points other than FNGINEER'S or CLIENT'S
offices and project site;
2. Copies of construction documents in excess af five (5) sets;
Page 1 of 6
EXIIIBIT B
3. Revisions to substantial1y comp1eted construction documents
or approved preliminary documents occasioned by changes in scope
of work;
4. Soi1 borings; soil, mill, shop and labaratory tests;
5. Field surveys, construction staking, lot staking and related office
computations and drafting; -
6. Resident project representation;
7. Special reports or studies, ownership strip maps including field
surveys and property descriptions, plats, preparation of environ-
mental statements, applications for permits or grants, appearances
before regulatory agencies, and required fi1ing fees;
8. Revisions to construction documents to Tndicate as-.built conditions;
9. Services as an expert witness including preparation of engineering
data and reports on behalf of the CLIENT or in connection tivith
litigation or other controyersies, or in consultation-with CLIENT
- or attorneys; 10. Renderings, exhibits or scale models;
11. Additional or extended services during construction made necessary
by work damaged by fire or other cause during construction;
defective or neglected tivork of contractor; prolongation of-con-
struction contract time by more than 20%, acceleration of work
schedule involving services beyond normal working hours; or default
under construction contract due to delinquency or insolvency;
12. Services after completion of contract documents as described in
' paragraph A=3 above; -
13. Services to investigate existing conditions or facilities or to
make.measured drawings thereof, or to verify accuracy of drawings
or other information furnished by CLIENT;
14. Other services not othenvise included in this Agreement or not -
customarily furnished in accordance with generally accepted
engineerin§ practice. . II. COP1PENSATTON: CLIENT agrees to pay ENGINEER for'above described services in
accordance with the following descriptions, definitions, terms and conditions.
A. BASIC SERVICES:. Compensation will be an amount equa1 to a percentage
of.the Total Construction Cost (as defined below), with the total fee
based on the Glass "B" fee curve in Manual 45, published by the American
Society of Civil Engineers in 1975. The services for each phase sha1T
be a percentage of the total as scheduled be1ow:
Page 2 of 6
PRELIMINARY PHASE 25/
DESIGN PHASE 60%
CONSTRUCTTON PHASE 15%
TOTAL 100%
1. Total Construction Cost:
a. Total Construction Cost shall be based on and include, among
others, all work designed and specified by ENGINEER, including
labor, material and equipment (including work covered by
additive alternates, that increase the cost of the project if
used). -
b. Total Construction Cost shall not be based on nor include:
- (1) compensation payable to ENGINEER under this Agreement;
(2) compensation payable to any architect or other engineer; or
(3) expenditures not connected with construction ar design,
such as land acquisition costs or attorneys' fees. .
c. Tota1 Construction Cost shall be: (1) the actual co'st to the
CLIENT of the finished project, if there is reasonably adequate
information from which such cost amount can be determined,
plus the amount of the proposal received from the successful
bidder for eacM additive alternate not used (or the ENGINEER`S
most recent cost estimate for such alternate, if no proposal
is received); (2) if reasonably adequate information is not
available from which actual cost can be determined, then the
lowest bona fide proposal received for construction of the
project, including all additive alternates of that proposal;
(3) if such a proposal is not available, then the ENGINEER'S
most recent cost estimate for the project including all additive
alternates. In determining Total Construction Cost, reduction
shall not be made for any deductive alternates that decrease
the cost of the project if used. .
B. ADDITIONAL SERVICES; Comensation
Exo bothndef~ned aaufollows-3 times
Salary Cost plus Reimburs penses, _
1. Salary Cost: Salary Cost is defined as the cost of salaries paid
to ENGINEER;,S personnel plus payroll burden (Social Security con-
tributions, Federal and State unemployment taxes, workmen's com-
pensation, health and retirement benefits, incentive pay, sick
leave, vacation and holiday pay applicable thereto), for the number
of hours devoted to the work covered by this Agreement. -Salary
Cost for Officers and Division Managers is based on imputed rates.
Page 3 of 6
Z. Reimbursable Expenses: Expenses in connection with Additional
Services shall include transpartation and subsistence, cost of
ENGINEER'S field office, reproduction, subcontracts and similar
items. Such expenses sha11 be reimbursed at the following rates:
a. Transportation by ENGINEER'S vehicles: at ENGINEER`S standard
rates. b. Reproduction performed in ENGINEER'S office. at prevailing
conunercial rates.
c. Computer services: at ENGINEER'S standard rates. . d. Al1 others: actual cost to ENGIPJEER plus 10% service charge.
e. Where field parties are used, expenses shall include charges
far the use of any special instruments and equipment, including
marine equipment, and expendable items such as stakes and
monuments.
III. PAYMENTS: ENGINEER will invoice CLIENT monthly in amounts based on
ENGINEER'S estimate of the portian of the Basic Services completed, plus
charges for Addltional Services performed. CLIENT agrees to promptly pay
ENGINEER at his office"in Dallas County, Texas, the full amount of each
such invoice upon receipt. A charge of 1.0% per month wi11 be added to
the unpaid balance of invoices not paid within 30 days after date of invoice.
IV. OWNERSHIP OF DOCUP1ENTS: All documents, including original drawings, esti-
mates, specifications, field notes and data are and sha11 remain the property
of the ENGINEER. CLIEN7 may at his expense obtain a set of reproducible
record copies of drawings and other documents, but agrees that he will use
such copies solely in connection with the project covered by this Agreement
and for no other purpose.
V. COST ESTIMATfS: Cost Estimates prepared by the ENGINEER represent his
best judgment as a design professional familiar with the canstruction
industry. It is recognized, however, that the ENGINEER has no control
over the cost of labor, materials or equipment, over the Contractor's
methods of determining bid prices, or over competitive bidr.ling or market
conditions. Accordingly,.the ENGINEER cannot and does not guarantee
that bids will not vary from any cost estimate prepared by him.
.
VI. INSURANCE: ENGINE~R agrees to maintain workmen's compensation insurance
to cover all of its own personnel engaged in performing services for
CLIENT under this Agreement. ENGINEER alsa agrees to maintain public
liability insurance covering claims against ENGINEER for damages resulting
from bodily injury, death or property damage from accidents arising in the
course of services performed under this Agreement.
VII. LIABILITY LIMI7ATION: ENGINEER shall have no liability to
others as a consequence of express or implied approval of
activities, for any defective construction (whether or not
approved by EPJGINEER), for any excess of construction costs
estimated, or for any other reasons beyond warranty of the
CLIEfiT or to
any construction
observed or
over an -mount
use of reasonable
Page 4 of 6
skill in the preparation of particular drawangs and the designation of
particular materials for the assignm2nt covered by this Agreement. In
no event sha11 ENGINEER'S liability exceed amount of the total compensa-
tion received by ENGINEER under this Agreement.
VIII. 7ERMINATI0N:
A. CONDITIONS OF TERMINA7ION: This Agreement may be terminated without
cause at any time prior to completion of ENGINEER'S services either
by CLIENT or by ENGINEER, upon seven days Vrritten notice to the other
at the address of record. Termination shall release each party from
a11 obligations of this Agreement, except as specified in paragraph
VTII.B below.
B. COMPENSATION PAYABLE ON TERMINATION: On termination, by either CLIENT
or ENGTNEER, CLIENT shall pay ENGINEER the full amount specified in
paragraph II.A. with respect to any phase of Basic Engineering Services
which has been completed plus an amount fixed by applying the rate
specified for Additional Services in paragraph II.B. to a17 Basic
Services performed to the date of termination for any phase then in
progress, p1us an amount fixed by applying the rate specified in
paragraph II.B. to a11 Additional Services performed to date of
termination (including all Reimbursable Expenses incurred).
IX. SUCCESSORS AND ASSIGNS: CLIEPlT and ENGINEER each binds himself, and his
partners, successors, executors, administrators and assigns to the other
party of this Agreement and to partners, successors, executors, administra-
tors and assigns of such other party in respect to all covenants af this
Agreement. Neither CLIENT nor ENGINEER shall assign, sublet, or transfer
his interest in this Agreement without written consent of the other.
Nothing herein shall be construed as giving any rights or benefits here-
under to anyone other than CLIENT and ENGINEER.
X. SPECIAL PROVISIOPJS: This instrument contains the entire Agreement between
CLIENT and ENGIfdEER, except as additionally stated below:
A. The City of Paris will furnish copies of the deeds to the land involved;
right-of-way map on State Nighway Loop 286; copy of Storm Drainage
Report of City of Paris and maps, ordinances and other items pertaining
to the project.
B. It is proposed'~that review conferences with the city staff be he1d
at 20, 50, and 95 percent completion of the design phase of the pro-
ject.
C. The field notes for the right-of-way will be supp1ied at the 50 percent
completion conference. D.' The completed plans and specifications will be de1ivered viithin one
hundred tweiity (120) days after authorization to proceed is given.
Page 5 of 6
XI. INVALIDATION: If this Agreement is not executed by CLIENT tvithin 30 days
of date tendered, it shall beeome invalid unless EPJGINEER extends the time
in writing. XII. MODIFICATIONS: No one has authority to make variations,in, or additions to
the terms of this Agreement on beha7f of ENGINEER other than one of its .
Officers, and then on1y in writing signed by him.
CITY OF -PARIS, BARLS, TEXAS LOCK4100D, ANDREtJS &NEWNAM, INC.
B By.
~ Y-
ames M. runette, ayox
• December 12, 1977 Date•
Date.
ATTEST: -
ATTEST: Secretary
H. . Greene, ity Clerk . .
APPROVED AS TO FORM: - T. K. Haynes, ity ttorney
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