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1736 RES CITY COUNCIL AT ITS MEETING ON 8TH DAY OF DECEMBER 1975 APPROVED ADVERTISEMENT FOR BIDSRESOLUTION NO. 1736 . WHEREAS, the City Council of the City of Paris did at its Council Meeting on the Sth day of December, 1975, approve the advertisement for bids for aerial photographs and topographic mapping, in accordance with detailed specifications, which bids were received until 10:00 0' clock A. M. , Wednesday, January 7, 1976; and, WHEREAS, the best bid for said aerial photographs and topographic mapping was made by Buce & Associates, Inc. , Addison, Texas, and it should be awarded the contract for such services; and, WHEREAS, the form of contract to furnish such aerial photographs and topographic mapping is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, 111at the bid of Buce & Associates, Inc, for aerial photographs and topographic mapping, in the amount of $5, 758. 00, is hereby accepted and let, conditioned upon said contractor meet- ing all of the terms and specifications included in the bid docu- ments; and, BE IT FURTHER RESOLVED, That the Mayor of the City of Paris, James M. Brunette, be, and he is hereby authorized and directed to execute on behalf of the City of Paris, the contract with Buce & Associates, Inc, for aerial photographs and topographic mapping, upon the terms and conditions and in the form shown in Exhibit A attached hereto. Passed and adopted this 12th day of January, 1976. Ja s M. rune , ayor A TTE ST: , , f. Y . ~H. C. Gr ne, City Clerk APP OVE TO FORM: T. I<. aynes, ity ttorney CONTRFlCT STATE OF TEXAS J COUNTY OF LAMAR J This Contract made and entered into this the day of January, 1976, by and between the CITY OF PARIS, Paris, Texas, acting by and through its Mayor, duly authorized, hereinafter called City, and BUCE & ASSOCIATES, IPJC. of Dallas County, Texas, a corporation, acting by and through its Vice-President, duly authorized, hereinafter called Contractor, in con- sideration of the mutual covenants, agreements, stipulations and payments, the parties hereby contract and agree as follows: 1. Scope of Project. City desires to engage Contractor to render cer- tain technical or professional services hereinafter described in connection with an undertaking which is to be partially financed under Section 701, Title IV of the Housing and Comnunity Development Act of 1974. 2. Employment of Contractor. The City hereby agrees to engage the Contractor and the Contractor hereby agrees to perform the services herein- after set forth in connection with the Project of the City under Comprehen- sive Planning Grant Contract No. CDB-1144-54. 3. Area Covered. The Contractor shall perform all necessary services provided under this Contract in connection with the 6,060.61 acre area shown on Exhibit A, attached hereto and made a part hereof, hereinafter called "planning area". 4. Scope of Services. The Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the City, the following services: a. Provide a complete set of up-to-date aerial photo film positives, topographic maps and index for the planning area. b. Provide one (1) copy of aerial photographs on photo film positives of DuPont Cronaflex .004" thickness, at a scale of 1" = 200' for the entire planning area. c. Provide one (1) copy of topographic maps with five (5) foot contour intervals based upon mean sea level on double matted QuPont Matte Cronar .004" thick at a scale of 1" = 200' for EXHIBIT A CONTRACT PAGE 2 entire planning area showing all streets, street names on the street, surface water impoundments, railroads, streams, quarries, bridges, drainage ways, highways and highway names. d. Provide a total of one (1) index for the aerial photos and topographic maps for the entire planning area. e. Provide control data and diagrams describing placement of survey monuments. 5. Conditions. A. All aerial photographs and topographic maps shall be on 24" x 36" sheets and cover an area of 4000' x 6000'. B. Topographic maps shall: (1) Display sheet number and north arrow. (2) Display graphic scales in feet and varas. (3) Comply with the National Mapping Standards of Accuracy both in plan and elevation. (4) Be co-ordinated on and display the Texas State Co-ordinate System-North Central Zone. (5) Be horizontally controlled by extending the existing U. S. Coast and Geodetic Survey monuments by Geodimeter and Theodolite measurements with further densification by Aero Triangulation with an A-5 Autograph. Vertical control shall be extended from existing U.S.C. and G.S. Bench Marks by spirit leveling. (6) Use the format like the example attached hereto as Exhibit B and made a part hereof. C. The error in relation between map projections and the plotted position of any horizontal control point shall not exceed 0.01 inch of their true positions at the map scale. Ninety percent (90q) of all well-defined planimetric features mapped shall be located within 0.025 inches of their true geographic position at the map scale; no features shall be displaced more than 0.05 Inches. D. Ninety percent (90%) of all contours and elevation of points interpolated from contours shall be accurate within one-half (2) CONTRACT PAGE 3 of the contour interval. The elevation of ninety percent (90q) of the spot heights shall be accurate within one-fourth (4) of the contour interval. E. Drafting at match lines shall agree between sheets within 0.01 inch. 6. Data to be Furnished to Contractor. The City shall cooperate with the Contractor in every way possible and hereby agrees to supply the Contractor with all inhouse data and information about the planning area, without cost to the Contractor. 7. Time of Performance. The services of the Contractor are to commence as soon as practicable after the execution of this Contract and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Contract, but in any event all of the services required hereunder shall be completed on or before June 30, 1976. 8. Compensation. The City agrees to pay the Contractor the total sum of $5,758.00 for the services. 9. Method of Pa,yment. The City will pay the Contractor the total sum of $5,758.00 when the services have been satisfactorily completed as deter- mined by the City. The total sum of $5,758.00 paid to the Contractor shall constitute full and complete compensation for services rendered. It is expressly understood and agreed that in no event will the total compensation and reimbursement, if any, to be paid hereunder exceed the max- imum of $5,758.00. 10. Termination of Contract for Cause. If, through any cause, the Con- tractor shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the City shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination, specifying the effective date thereof, at least 5 days before the effective date of such termination. In that event, all finished or unfinished documents, and other materials described in paragraph 4 above, prepared by the Contractor under this Cantract shall, at the option of the City, become its property, and the Contractor shall be entitled to receive CONTRACT PAGE 4 just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Contractor, and the City may withhold any pay- ments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the City from the Contractor is determined. 11. Termination for Convenience of city. The City may terminate this Contract at any time by giving notice to the Contractor of such termination and specifying the effective date thereof, at least 15 days before the effect- ive date of such termination. In that event, all finished or unfinished documents and other materials as described in Paragraph 4 above shall, at the option of the City, become its property. If the Contract is terminated by the City as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Con- tract, less payments of compensation previously made: Provided, however, that if less than 60 percent of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Paragraph 10 hereof relative to termination shall apply. 12. Changes. The City may, from time to time require changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the City and the Contractor, shall be incorporated in written amendments to this Contract. Any change in this Contract must be mutually agreed to in writing by both parties herein before the same shall become binding. 13. Equal Employment Opportunity. a. The Contractor will not discriminate against any employee or CONTRACT PAGE 5 applicant for employment because of race, color, religion, sex or national origin. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such actions shall include, but not be limited to the following: employment, upgrading, demotions, or transfers, recruitment or recruitment advertising; layoffs or terminations; rates or pay or other forms of compensation; selection for training including appren- ticeship; and participation in recreational and educational activities. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided setting forth the provisions of this non-dis- crimination clause. b. The Contractor will state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that all qualified applicants will receive consideration for employ- ment without regard to race, color, sex or national origin. c. The Contractor wil1 send each labor union representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice, advising the labor union or worker's representative of the Contractor`s commitments to equal employment opportunity and affirmative action and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Contractor will comply with all applicable equal oppor- tunity laws, rules, regulations, and orders. e. The Contractor will furnish all information and reports and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with equal opportunity and affirmative action. f. In the event of the Contractor's noncompliance with the equal opportunity conditions of this contract, this contract may be cancelled, terminated or suspended in whole or in part, the Contractor may be declared ineligible for further contracts and such other sanctions may be imposed and remedies invoked CONTRACT PAGE 6 as otherwise provided by 7aw. g. The Contractor will include all clauses "a" to "g" inclusive in every eligible subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. 14. Interest of Members of City and Others. No officer, member, or employee of the City and no members of its governing body, and no other public official of the governing body of the locality or localities in which the Project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this Project, shall participate in any decision relating to this Contract which affects his personal interest or the interest of any corporation, partnership, or association in which he is, directly or indirectly interested or have any personal or pecuniary interest, direct or indirect, in this Contract or the proceeds thereof. 15. Assi,c~nability. The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assign- ment of novation), without the prior written consent of the City thereto: Providec!, however, that claims for money due or to become due to the Con - tractor from the City under this Contract may be assigned to a bank, trust company or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to the City. 16. Interest of Contractor. The Contractor covenants that he presently has no interst and shall not acquire any interest, direct or indirect, which wouldconflict in any manner or degree with the performance of ser- vices required to be performed under this Contract. The Contractor further covenants that in the performance of this Contract no person having any such interest shall be employed. 17. Findings Confidential. Any reports, information, data, etc., given to or prepared or assembled by the Contractor under this Contract which the City requests to be kept as confidential shall nat be made available to any individual or organization by the Contractor without the prior written approval of the City. 18. Officials Not to Benefit. No mernbers of or Delegate to the Congress of the United States of America, and no Resident Commissioner, shall be admitted to any share or part hereof or to any benefit to arise herefrom. CONTRACT PAGE 7 19. Identification of Documents. All reports, maps, and other documents completed as a part of this contract, other than documents prepared exclusively for internal use within the City, shall carry the following not- ation on the front cover or a title page and on the face of maps. PREPARED THROUGH THE COOPERATION OF THE DEPARTMENT OF COMMUNITY AFFAIRS OF THE STATE OF TEXAS The preparation of this report was financed in part through Comprehensive Planning Assistance Grant No. CPA-TX-06-16-1144 from the Department of Housing and Urban Development. 20. Office Space. The City hereby agrees to make available without charge to the Contractor, office space for the performance of the services agreed to under this Contract. 21. Publication, Reproduction and Use of Material. No material pro- duced in whole or in part under this Contract shall be subject to copyright in the United States or in any other country. The City, TDCA and HUD shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this Contract. 22. Audits and Inspections. At any time during normal business hours and as often as the City, TDCA, HUD and/or the Comptroller General of the United States may deem necessary, there shall be made available to the City, TDCA, HUD and/or representatives of the Comptroller General for examination all of its records with respect to all matters covered by this Contract and will permit the City, TDCA, HUO and/or representatives of the Comptroller General to audit, examine and make excerpts or transcripts from such re- cords, and make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Contract. CONTRACT PAGE 8 IN WITNESS WHEREOF the City and the Contractor have executed this Agreement as of the date first above written. ATTEST: H. C. GRENE, CITY CLERK CITY OF PARZS BY: JAMES M. BRUNETTE, DDS. MAYOR ATTEST: MRS. MARY LOIS BUCE, SECRETARY APPROVED AS TO FORM BUCE & ASSOCIATES, INC. BY: BILL L. JOHNSON, VICE-PRESIDENT CITY ATTORNEY PAGE 9 STATE OF TEXAS ~ ~ COUNTY. OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed ta the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this , 1976. ' ~ day of Notary Public, Lamar County, Texas STATE OF TEXAS I COUNTY OF DALLAS I BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this , 1976. day oll" Notary Public, Dallas County, Texas ~ 6,060.61 ACRE pLANNING , AREQ FOR AtRIAL MAPP4NC~ . F-kl~iBiT A