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HomeMy WebLinkAboutResolution - 131 - Contract - PSC Inc - Master Plan, LIA - 04_12_1979i{ I ;�1 i JCR: cl RESO #131 - 4/ 12/79 RESOLUTION 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 a Contract between the City of Lubbock and Parkhill, Smith & Cooper, Inc., Engineers -Architects - Planners, Lubbock and E1 Paso, Texas for Professional Services, to develop a Master Plan for the Lubbock International Airport, attached herewith which shall be spread upon the minutes of the 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 the City Council this 12th day of April ,1979. 4 WEST, MAYOR ATTEST: _E elyn Gaf a, ity:Se e r reasurer 'APPROVED AS --TO CONTENT: y, A. Mai,v�ffi Coffee', Directole Aviation APPROVED AS TO FORM: G �f�Y7 n C. Ross, Jr., City Attorn y AGREEMENT CITY OF LUBBOCK,'TEXAS AND PARKHILL, SMITH & COOPER, INC. ENGINEERS -ARCHITECTS -PLANNERS LUBBOCK AND EL PASO, TEXAS FOR PROFESSIONAL SERVICES STATE OF TEXAS X X COUNTY OF LUBBOCK X TIED TO RESO. #131 THIS AGREEMENT made, entered into and executed this the :12th day of April , 1979, by and between the CITY OF LUBBOCK, TEXAS, act- ing herein through the Mayor who is duly authorized to act in behalf of the CITY OF LUBBOCK, TEXAS by resolution,.dated Apr11 12 , 1979, of the City Council of said CITY OF LUBBOCK, TEXAS, hereinafter referred to as the City, and PARKHILL, SMITH & COOPER, INC., ENGINEERS -ARCHITECTS -PLANNERS, of 4010 Avenue R, Lubbock, Texas and 924 First City Bank Building, E1 Paso, Texas, a corporation which is duly chartered under the laws of the State of Texas, hereinafter refer- red to as the Engineer. WITNESSETH, that whereas the City desires an Airport Master Plan Report, Lubbock International Airport; and WHEREAS, the City has applied for and received a planning grant from the Federal Aviation Administration to prepare an Airport blaster Plan Report; and WHEREAS, the City desires to accomplish the studyprogram described in the Planning Grant Application (Part IV of the Application); NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreement herein. contained, do mutually agree as follows: I SECTION I - EMPLOYMENT OF THE ENGINEER The City agrees to employ the Engineer and the Engineer agrees to per- form professional engineering services, as specified in this Agreement, in con- nection with the Project, and for having rendered such services, the City agrees to pay the Engineer compensation as stated in the sections to follow. SECTION II - CHARACTER AND EXTENT OF SERVICES The Planning Grant Application submitted to the Federal Aviation Adminis- tration by the City dated 31 day of January 1979, (hereinafter referred to as the Application), by this reference to be incorporated into and made a part of this Agreement. The Engineer shall render the professional services set forth in Part IV, Program Narrative For An Airport Master Plan Report for Lubbock International Air- port of the Application, except for services included in Phase I, Task 1 - Study Design, which have been completed prior to this Agreement. SECTION III - PERIOD OF SERVICE The Airport Master Plan Report for Lubbock International Airport shall be completed within three hundred sixty-five days after the receipt of notice to proceed. No work shall be accomplished by the Engineer under this Agreement un- less and until all procedural requirements of the Federal Administration Planning Grant Program have been met and a grant agreement has been completed between the Federal Aviation Administration and the City. SECTION IV - COORDINATION WITH THE CITY The Engineer shall hold periodic conferences with the. City, or his repre- sentatives, to the end that the Project shall have full benefit to the City`s exper- ience and knowledge of existing needs and facilities, and be consistent with his current policies and construction standards. To implement this coordination, the Engineer shall maintain contact with the Director of Aviation who shall coordinate the work of the Engineer with other Departments and personnel of the City organization. -2- SECTION V The City shall undertake the following functions in assisting the Engineer in undertaking the preparation of an Airport Master Plan Report for Lub- bock International Airport: A. Coordinate public informational meetings and the formal public hearing, to the extent that may be required, with local citizens, as well as local and Federal review agencies. B. The City shall provide, where applicable, drawings, maps, charts, reports and other available information that may be required in furnishing the services outlined in this Agreement. SECTION VI - COMPENSATION A. Basis of Compensation: For and in consideration of the services to be rendered by the Engineer, the City shall pay, and the Engineer shall receive and accept the com- pensation hereinafter set forth, for the preparation of the Airport Master Plan Report for Lubbock International Airport. The compensation for services as set forth herein shall be a lump sum of Seventy -Three Thousand, Three Hundred Seventy -Nine Dollars ($73,379.00). Partial payment shall be made monthly within thirty (30) days upon receipt of a statement from the Engineer. Final Payment will be subject to approval by the City, of the final report. SECTION VII- REVISION TO UPDATE OF MASTER PLAN The Engineer will make, without expense to the City, such revisions of the preliminary draft of the Master Plan as may be required to meet the needs of the City, but after a definite plan has been approved by the City, if a decision is subsequently made by the City, which for its proper execution, involves extra services and expenses for changes in, or additions to, the Master Plan or other documents, or if the Engineer is put to labor or other expense by delays imposed on him from causes not within his control, the -3- Engineer shall be compensated for such extra services and expense, which ser- vices and expense shall iiut be considered as covered by the charges stipulated in this Agreement. Compensation for such extra services shall be negotiated on a cost plus basis. SECTION VIII- OWNERSHIP OF DOCUMENTS All originals ana published material such as reports, maps, and other documents.prepared in connection with the Master Plan and planning work activity shall contain a standard notice that the material was prepared under an Airport Master Planning Grant provided by the Federal Aviation Administration. All . published material shall become the property of the City. All original material and drawings shall be delivered to and become the property of the City. The City shall make these documents available for examination by the public. In addition, ono material prepared in connection with the Planning Project and other planning work activity shall be subject to copyright in the United States or in any other country. The Federal Aviation Administration shall have unrestricted authority to publish, disclose, distribute and otherwise use in whole or in part, any reports, data, or other materials prepared with Airport. Planning Grant funds. SECTION IX - ARBITRATION OF DISPUTES All disputes, claims or questions subject to arbitration under this contract shall be submitted to arbitration in accordance with the Arbitration Statutes of the State of Texas. The Engineer shall not cause a delay of the work during any arbitra- tion proceedings except by agreement with the City. Notice of the demand for arbitration of a dispute shall be filed in writing with the other parties to the contract. The demand for arbitration shall be made within a reasonable time after the dispute has arisen; in no case, however, shall the demand be made later than the time for final payment except as otherwise expressly stipulated in the contract. Nothing in this paragraph contained is intended to be in derogation of the Arbitration Statutes of the State of Texas, and any notices or damands for arbitration required by these statutes are in addition to the notices to be given as above provided. -4- SECTION X - TER141NATION The City may terminate this Agreement at any time by a notice in writing to the Engineer. Upon receipt of such notice, the Engineer shall, unless the notice directs otherwise, immediately discontinue all services in connection with the performance of this.Agreement and stall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. 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 City shall then pay the Engineer promptly that proportion of the pres- cribed charges which the services actually performed under this Agreement bear to the total services called for under this Agreement, less such pay- ments on account as have been previously made. Copies of all completed or partially completed designs, plans and specifications prepared under this Agreement shall be delivered to the City when and if this Agreement is ter- minated, but subject to the restrictions, as to their use as set forth in Section VIII above. SECTION XI — INSURANCE The Engineer shall secure and maintain such insurance as will protect him from claims under the Workmen's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of his services under this Agreement. SECTION XII - SUCCESSOR AND ASSIGNMENTS The City and the Engineer each binds himself and his partners, suc- cessors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither the City 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 liabiaity on the part of any of- ficer or agent of any public body which may be a party hereto. - g- u SECTION XIII- GENERAL 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. D. Federal Aviation Administration Obligation In the execution of this Agreement, the Federal Aviation Admin- istration assumes no obligation to the Engineer. E. Applicable Standards All objectives of this Master Plan, as a minimum, will be re- solved in accordance with criteria as contained in Advisory Circulars pub- lished by the Federal Aviation Administration, current on the date of this Agreement. F. Financial Records All financial records pertaining to the preparation of the Master Plan shall be made available to authorized representatives of the Federal Aviation Administration and the Comptroller General of the United States in conformity to regulations. G. Compliance with Applicable Law The Engineer shall comply with any and all local, State and Fed- eral laws regarding age, citizenship, hours, wages and conditions of employ- ment 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. - 6- �b T 0VPMTCVS VTV The Engineer will subcontract with A. J. Parry and Associates, Inc. for certain elements of the Task set forth in Part IV, Program Narrative for an Air- port Master Plan Report for Lubbock International Airport. The Engineer will not subcontract for services with other consultants without written consent from the city. IN TESTIMONY OF WHICH this instrument has been executed on behalf of the above named Engineer by the President of the corporation, and has been exe- cuted on behalf of the City, in three(3) counterparts, each of equal force, on the day and year first above written. CITY OF LUBBOCK, TEXAS Owner By Mayor - City Sec y APPROVED AS TO FORM: -t I _4 C- 1.�,.. City Attorney APPROVED AS TO CONTENT: zit " .•'2- Director of iation -7- PARKHILL, SMITH & COOPER, INC. Engineer By H. Renn tt Reaves,P. . President