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HomeMy WebLinkAboutR88-117020 MOSQUITO - AERIAL SERVICES - 1988 RESOLUTION NOi R88-117 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS EXERCISING THE CITY'S OPTION TO RENEW AND EXTEND A CONTRACT FOR AERIAL SPRAYING FOR MOSQUITO CONTROL WITH SOUTHWEST AERIAL SERVICES, INC. FOR THE 1988 SEASON. WHEREAS, by action taken on January 29, 1987, a contract was given to Southwest Aerial Services, Inc. for aerial spraying for mosquito control; and WHEREAS, that document allows the City to exercise an option to renew and extend the contract for the aerial spraying season of 1988 at the same price; and WHEREAS, it is in the best interest of the City of Plainview to exercise its option and maintain the price of 46¢ per acre as agreed to by Southwest Aerial Services, Inc. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Plainview, Texas that the contract of Southwest Aerial Services, Inc. be renewed for aerial application of mosquito control chemicals for the 1988 program. I Carla J. Reese, City Secretary for the City of Plainview, hereby certify that the above Resolution was adopted by the Plainview City Council on March 22, 1988. Carla J. R~sA, City Secretary NOTICE TO BIDDERS AERIAL MOSQUITO SPRAY CONTRACT Sealed proposals addressed to the Mayor and City Council, City Hall, P. O. Box 1870, Plainview, Texas ~79073 will be received until 10:00 A.M., December 19, 1986. Contracts will be awarded at the City Council meeting,~at 7:30 P.M., January 13, 1987. The Aerial Spray Service Contract provided for the aerial spraying of ultra-low volume insecticide~for the purpose of eradicating and con- trolling disease-bearing vectors. Said contract requires a multi-engine aircraft capable of treating four thousand five hundred (4,500) acres per hour. The aircraft shall be capable of applying either technical malathion (ninety-five percent) at the rate of two (2) to four (4) ounces per acre, droplets produced shall be in the (50) to (60) MMD micron range, or dibrom (14) concentrate applied at the rate of % to 1 fl. oz. per acre. Aircraft shall be equipped with a non-corrosive spray system suitable for the use of dibrom, 14 concentrate, and 'shall be equipped with an approved flushing system for flushing spray system after each use. Contractor shall furnish proper flushing material. The performing party shall provide a one million dollar ($1,000,000.00) single limit liability insurance policy covering damages to persons and damages to property, both public and private, and providing to the City of Plainview a performance bond. Copies of the proposed contract may be obtained from the Director of Municipal Safety & Environment, 901 Broadway, Plainview, Texas. The City Council reserves the right to reject any or all bids and to waive any technicalities. Advertised in the Plainview Daily Herald on the following dates: December 5, 1986 December 10, 1986 BID TABULATION SHEET BID TITLE: Aerial Mosquito Spray OPENING DATE: December 19, OPENING TIME: lO:OO A.M. CITY OF PLAINVIEW, TEXAS 1986 DESCRIPTION OF ITEMS Bid furnishing $1,000,000 Liability Insurance Policy DATE MAILED: Delivered DATE RECEIVED: Dec. 19 198.6 BIDDER Southwest Aerial Services, Inc. .46¢ per acre DATE MAILED: DATE RECEIVED: BIDDER DATE MAILED: )ATE RECEIVED: BIDDER )ATE MAILED: DATE RECEIVED: BIDDER AGREEMENT CITY OF PLAINVIEW, TEXAS AND COUNTY OF HALE, TE)~AS AND PARKHILL, SMITH & COOPER, INC. FOR ENGINEERING SERVICES THIS IS AN AGREEMENT made and entered into by and between City of Plainview, Texas and County of Hale, Texas, hereinafter called the "Owner", and PARKHILL, SMITH & COOPER, INC., Engineers-Architects-Planners, hereinafter called the "Engineer", of 4010 Avenue R, Lubbock, Texas a corporation which is duly chartered under the laws of the State of Texas. RECITALS Owner intends to: ~('~1) Construct 800 feet extension to southwest end of Runway 4-22. (2) Construct extension of parallel taxiway to extended end of Runway 4-22. (3) Install medium intensity lghting on the extended portion of Runway 4-22. (4) Install marking on extended Runway 4-22 and parallel taxiway. (5) Relocate threshold lights and VASI on Runway 4-22. (6) Provide related drainage and site grading. (7) Apply seal coat, crack sealing and mark certain taxiways and aircraft apron. (8) Construct additional related improvements and appurtenant incidental items at Plainview-Hale County Airport. Such improvements are hereinafter called the Project. CONTRACTUAL UNDERTAKINGS SECTION Section I Section II Section III Section IV Section V Section VI Section VII Section VIII Section IX Section X Section XI Section XII Section XIII Section XIV Exhibit A Exhibit B Exhibit C Exhibit D TITLE Employment of Engineer Character and Extent of Services Authorization of Services Period of Service Owner's Responsibilities The Engineer's Basic Compensation Special Assignments and Services Not Included in Basic Compensation Revision to Drawings and Specifications Reuse of Documents Termination General Requirements Addresses of Notices and Communications Section Captions Successors and Assignments Duties, Responsibilities and Limitation of the Authority of the Resident Project Representative Certi,fication of Engineer Engineer Contractual Requirements - Title VI Assurances Calculation of Basic Compensation for Engineering Services PAGE I-1 II-1 III-1 IV-1 V-1 VI-1 VII-1 VIII-1 IX-1 X-1 XI-1 XII-1 XIII-1 XIV-1 A-I B-1 C-1 D-1 SECTION I EMPLOYMENT OF ENGINEER The Owner agrees to employ the Engineer and the Engineer agrees to per- form professional engineering services in connection with the Project as stated in the Sections to follow, and for having rendered such services, the Owner agrees to pay to the Engineer compensation as stated in the Sections to follow. The professional engineering services shall include normal civil, structural, mechanical and electrical engineering services and normal archi- tectural services incidental thereto. I - 1 SECTION II CHARACTER AND EXTENT OF SERVICES A. DESIGN PHASE After written authorization to proceed with the Design Phase on the basis of accepted design documents or criteria, the Engineer shall: (1) Establish the scope, and advise the Owner, of any soil and foundation investigations or any special surveys or special testing which, in the opinion of the Engi- neer, may be required for the proper execution of the Project; and arrange with the Owner for the conduct of such investigations and tests. The performance of these investigations and tests is not a part of the Engineer's basic services, and compensation therefor is not included in the Basic Charge; it may be per- formed by the Engineer, by agreement with the Owner, in which case compensation shall be determined by the applicable portions of Section VII. (2) Furnish to the Owner, where required by the cir- cumstances of the assignment, the engineering data necessary for applications for routine permits by local, state and federal authorities. (3) Arrange with the Owner for field surveys to collect information which, in the opinion of the Engineer, is required in the design of the Project. The perfor- mance of field surveys is not a part of the Engineer's basic services, and compensation therefor is not included in the Basic Charge; the surveys may be per- formed by the Engineer, by agreement with the Owner, in which case compensation shall be determined by applicable portions of Section VII. (4) Prepare detailed specifications and contract drawings, II - 1 (5) Prepare authorized construction, which shall of bid items and quantities which wherever practical, on the unit bidding. The Engineer shall not pencil on paper, for construction authorized by the Owner. These designs shall in all respects combine the application of sound engineerimg principles. detailed cost estimates and proposals of include summaries will be based, price system of be required to guarantee the accuracy of these estimates. (6) Assemble contract documents including notices ders and proposals as required for approval Owner and the Federal Aviation Administration. to bid- by the (7) Assist the Owner in preparation of applications, reim- bursements and other forms for the Federal Aviation Administration for grants or for payment of grants for the various phases of the Project Compensation shall be determined by tions of Section VII. (8) Conduct a predesign conference if Compensation for conducting a predesign shall be determined as described under Section VII. or Projects. applicable pQr- required. conference B. BIDDING PHASE After written authorization to proceed with the Bidding Phase, the Engineer shall: (1) Assist the Owner in the advertisement of the Project for bids. (2) Furnish all necessary~ copies of approved contract documents, including plans, specifications, proposals and notice to bidders, as required for bidding purposes and for formal executed Contract Documents. The cost of the printing and mailing the contract documents are to be paid separately under Section VII. II - 2 (3) Conduct a prebidding conference if required. Compensation for conducting a prebidding conference shall be determined as described under Section VII. (4) Assist the Owner in the opening and tabulation of bids for construction of the Project, and recommend to the Owner as to the proper action on all proposals received. (5) Assist in the preparation of~ formal Contract Docu- ments. CONSTRUCTION PHASE During the Construction Phase, the Engineer shall: (i) (2) Represent the Owner at the preconstruction conference. Make periodic visits to the site (as distinguished from the continuous services of a Resident Project Repre- sentative described in Subparagraph 4 below) to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents. In per- forming this service, the Engineer will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work or material; he will not be responsible for the techniques and sequences of construction or the safety precautions incident thereto, and he will not be responsible or liable in any degree for the contractors' failure to perform the construction work in accordance with the Contract Documents. During visits to the construction site, and on the basis of the Engineer's on-site observations as an experienced and qualified design professional, he will keep the Owner informed of the extent of the progress of the work, and advise the Owner of material and substantial II - 3 defects and deficiencies in the work. (3) Consult and advise with the Owner; make recommen- dations to the Owner regarding materials and workmanship; and prepare and issue change orders with Owner's approval. Routine change orders, such as substitution of material or equipment and extension of time are considered a part of the Basic Service, therefore no extra charge will be made for these services. However, cha~ge orders requested by the Owner, or made necessary by changed site conditions, shall be considered special services and shall be paid for as specified in Section VII. (4) If specifically authorized by Owner in writing, fur- nish the services of Resident Project Representatives, and other field personnel for continuous on-the-site observation of construction and for the performance of required construction layout surveys. Furnishing the services of a Resident Project Representative is not a part of the Engineer's basic services, and compen- sation therefor is not included in the Basic Charge; if provided, compensation shall be determined under Section VII. The authority and duties of such Resident Project Representatives are limited to exa- mining the material furnished and observing the work done, and tO reporting their findings to the Engineer. The Engineer will use the usual degree of care and prudent judgment in the selection of competent Project Representatives, and the Engineer will use his best efforts to see that the Project Representatives are on the job to perform their required duties. It is agreed, however, that the Engineer does not under- write, guarantee, or insure the work done by the contractors. Failure by any Project Representative or other personnel engaged in on-the-site observation to II - 4 (5) (6) discover defects or deficiencies in the work of the contractors shall not relieve the contractor for liability therefor or subject the Engineer to any liability for any such defect or deficiencies. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests Of material and equipment and other data which the contractor is required to submit, for compliance with the infor- mation given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. Based on his on-site observations as an experienced and qualified design professional and on his review of Contractor(s') applications for payment and the accom- panying data and schedules, determine the amounts owing to Contractor(s) and approve in writing payments to Contractor(s) in such amounts; such approvals of payment will constitute a representation to Owner, based on such observations and review, that the work has progressed to the point inticated and that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the work as a functioning Project-upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any qualifications stated in his approval), but by approving an application for payment Engineer will not be deemed to have repre- sented that he has made any examination to determine how or for what purpose any Contractor has used the moneys paid on account of the Contract Price, or that title to any of the Contractor(s') work, materials, or equipment has passed to Owner free and clear of any II - 5 lien, claims, security interests or encumbrances. (7) Conduct, in company with the Owner, a final inspection of the Project for compliance with the Contract Documents and make recommendations to the Owner regarding completion of the Project. (8) Revise contract drawings, with the assistance of the Resident Project Representative, to provide record drawings of the completed Project, and furnish one set each of mylar and blue!ine prints to the Owner. The Engineer will exercise the usual degree of care in preparing these drawings;'but he shall not be required to guarantee the accuracy of the record drawings. Compensation for record drawings is not part of Basic Charge and shall be determined as described under Section VII. (9) Prepare or revise the airport layout plan as required to reflect all new construction. Compensation for preparation or revision of the airport layout plan shall be determined as described under Section VII. (10) Assist the Owner in the preparation of applications, reimbursements and other forms for the Federal Aviation Administration for grants or for payment of grants for the various phases of the Project or Projects. Compensation shall be determined by appli- cable portions of Section VII. (11) Conduct, in company with the Owner, an inspection of the Project at the end of the guaranty period speci- fied in the Contract Documents for the Project and make recommendations to the Owner regarding any defects noted. SECTION III AUTHORIZATION OF SERVICES The Engineer shall be authorized to proceed with the Design Phase ser- vices for the Project upon receipt of Owner's written authorization. The Owner's written authorization shall be obtained prior to proceeding with each subsequent phase of services. III- 1 SECTION IV PERIOD OF SERVICE The provisions of this Agreement and the various rates of compensation for Engineer's services provided for herein have been agreed to in anticipa- tion of the orderly and continuous progress of the Project through completion of the Construction Phase. The Engineer's obligation to render services hereunder will extend for a period which may .reasonably be required for the design, award of contracts and construction of the Project including extra work and required extensions thereto. IV - 1 SECTION V OWNER'S RESPONSIBILITIES A. GENERAL The Engineer shall hold periodic conferences with the Owner, or its representatives, in order to obtain full benefit of the Owner's experience and knowledge of existing needs and facilities, and be consistent with its current policies and construction standards. Bo OWNER'S RESPONSIBILITIES The Owner shall: (1) Provide full information as to his requirements for the Project. (2) Assist Engineer by placing at his disposal all available information pertinent to the Project including previous reports and any other data relative to design and con- struction of the Project. (3) Furnish to Engineer, as required by him for performance of his Basic Services, data prepared by or services of others, such as core borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretatians of all of the foregoing; property, boundary, easement, right-of-way, topographic and utility surveys and property description; zoning and deed restriction; and other spe- cial data or consultations not covered in Section VII; all of which Engineer ma~ rely upon in performing his services. (4) Guarantee access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform his services. (5) Examine all studies, reports, sketches, drawings, speci- fications, proposals and other documents presented by V- 1 Engineer, obtain advice of the district attorney, insurance counselor and other consultants as he deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Engineer. (6) Pay all costs, including but not limited to advertising, reproduction and blueprinting, bids or proposals from contractors. (7) Provide such legal, accounting, mating and insurance counseling incident to obtaining independent cost esti- services as may be required for the Project, and such auditing service as Owner may require, to ascertain how or for what purpose any contractor has used the moneys paid to him under the construction contract. (8) Designate in writing a person to act as Owner's repre- sentative with respect to the work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to materials, equipment, elements and systems pertinent to Engineer's services. (9) Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of any defect in the Project. (10) Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. (11) Furnish, or direct Engineer to provide, necessary Additional Services as stipulated in Section VII of this Agreement or other services as required. (12) Bear all costs incident to compliance with the require- ments of this Section V. (13) Secure A-95 review of all preapplications. V- 2 SECTION VI THE ENGINEER'S BASIC COMPENSATION For and in consideration of the services to be rendered by the Engineer, the Owner shall pay, and the Engineer shall receive the compensation hereinafter set forth, for the Preliminary, Design, Bidding and Construction Phases of the work. All remittances by Owner of such compensation shall either be mailed or delivered to Parkhill, Smith & Cooper, Inc., 4010 Avenue R, Lubbock, Texas 79412. Should Owner fail to make payment to the Engineer of the sum named in any partial or final statement when payment is past due for more than thirty days, then the Owner shall pay to the Engineer, in addition to the sum shown as due by such statement, interest thereon at the rate of 1.0 percent per month from the date due, as provided herein, until fully paid, which shall fully liquidate any injury to the Engineer arising from such delay in payment, but the right is expressly reserved to the Engineer in event payments are not promptly made as provided herein, at any time thereafter to treat the Agreement as terminated by the Owner and recover compensation as provided by Section X of this Agreement. A. DESIGN PHASE Payment for services in the Design Phase shall be made to the Engineer in a lump sum amount of Twenty-four Thousand One Hundred Twenty-four Dollars ($24,124.00). Partial payments for services in the Design Phase shall be made monthly, in proportion to that part of the services in the Design Phase which has been accomplished, as evidenced by monthly statements submitted by the Engineer to the Owner. Final payment for services authorized in the Design Phase shall be due upon the completion of these services. B. BIDDING PHASE Payment for services in the Bidding Phase shall be made to the Engineer in the lump sum amount of Two Thousand Six Hundred Ninety-one Dollars ($2,691.00). VI - 1 This sum will be paid to the Engineer upon completion of the Bidding Phase, including the preparation of Contract Documents; or if no contract is awarded upon the refusal by the Owner to award a contract. C. CONSTRUCTION PHASE Payment for services in the Construction Phase shall be made to the Engineer in a lump sum amount of Eight Thousand Eighty-two Dollars ($8,o82.oo). This sum will be paid in monthly installments in proportion to the construction work completed, on the basis of the Engineer's estimates prepared for monthly payments to contractors, plus the actual value of all materials and equipment purchased or furnished directly by the Owner for the Project. Upon completion of all work authorized in the Construction Phase, the Engineer- will be paid the remainder of the charge for this Phase. In the event the time required for construction exceeds the time of construction, as allowed in the Contract Documents, by more than 30 days, the Owner shall compensate the Engineer for all services rendered after the 30th day in accordance with the schedule for Special Services in Section VII. VI - 2 SECTION VII SPECIAL ASSIGNMENTS AND SERVICES NOT INCLUDED IN BASIC COMPENSATION Engineer shall furnish or obtain from others additional services and special assignments of the following types which are not considered normal or customary Basic Services: (1) (2) (3) (4) (5) (6) (?) (8) (9) (lO) (11) Field surveys to collect information required for design including photogrammetry, and related office computations and drafting. Services of .a Resident Project Representative, and other field personnel as required, for on-the-site observation of construction and for construction layout surveys. Land surveys, and establishment of boundaries and monuments, and related office computations and drafting. Preparation of property or easement descriptions. Small design assignments. Appearance before regulatory agencies. Assistance to the Owner as an expert witness in any litigation with third parties, arising from the deve- lopment or construction of the Project including pre- paration of engineering data and reports. Soil and foundation investigations, including field and laboratory tests, borings, related engineering analysis and recommendations. Detailed mill, shop and/or laboratory inspection of materials or equipment. Travel and subsistance required of the Engineer and authorized by the Owner to points other than Owner's office and project site. Ail contract documents and blueprint copies of drawings for review, bidding and contract execution. VII- 1 (12) (13) (14) (15) (16) (17) Revisions to contract drawings to provide record drawings of the completed contract. Service after the 30th day after the time specified for completion of the Project in the Contract Documents except for the guaranty inspection. Services to investigate existing conditions or faci- lities or to make measured drawings thereof, or to verify accuracy of drawings or other information furnished by Owner. Preparing documents for alternate bids requested by Owner for work which is not executed or documents for out-of-sequence work. Services in connection with change orders to reflect changes requested by the Owner, and services result- changes or price indirect result of ing from significant delays, increases occurring as a direct or material, equipment or energy shortage. Preparation of airport property map; preparation of airport zoning map and assist City Attorney with pre- ordinance; preparation or map to reflect all new paration of airport zoning revision of airport layout construction of this project. (18) Preparation of application, reimbursement and other forms for the Federal Aviation grants or for payment for grants for the phases of the Project or Projects. (19) Attendance at or presentation for City Council, County Commission or Airport Board meetings. (20) Any other special or miscellaneous assignment speci- fically authorized by Owner. Administration for various The duties and responsibilities and the limitations on the authority of the Resident Project Representative and assistance will be set forth in VII - 2 Exhibit A which is to be identified, attached to and made a part of this Agreement before such services begin. For Special Services rendered under paragraphs VII(i) through VII(20), the Owner shall pay the Engineer in accordance with the following schedule: Project Manager Project Engineer Design Engineer Electrical Engineer Engineer-in-Training Chief Draftsman Draftsman III & IV Draftsman I & II Grants Coordinator Typist Resident Project Representative Engineer or RPR Travel Engineer or RPR per Diem Reimbursable Expense Subcontract Expense: Design Testing & Surveying Construction Testing & Surveying $72.25 per hour 55.51 per hour 50.31 per hour 60.00 per hour 38.64 per hour 39.55 per hour 28.00 per hour 22.18 per hour 43.80 per hour 21.58 per hour 37.95 per hour 0.31 per mile 55.00 per day At cost At cost plus $450.00 for liability insurance and profit At cost plus $1,500.00 for liability insurance and profit Payments to the Engineer for authorized services not included in Basic Charges will be made monthly, by the Owner, upon presentation of monthly statements by the Engineer of such services. VII - 3 SECTION VIII REVISION TO DRAWINGS AND SPECIFICATIONS The Engineer will make, without expense to the Owner, ~such revisions of the preliminary drawings as may be required to meet the needs of the Owner, but after a definite plan has been approved by the Owner, if a decision is subsequently made by the Owner which, for its proper execution, involves extra services and expenses for changes in, or addition to the drawings, specifica- tions or other documents, or if the Engineer is put to labor or expense by delays imposed on him from causes not within his control, such as by (but not limited to) the readvertisement of bids or by the delinquency or insolvency of contractors, the Engineer shall be compensated for such extra services and expense, which services and expense shall not be considered as covered by the Basic Charges stipulated in this Agreement. Compensation for such extra ser- vices shall be made in accordance with the schedule for Special Services in Seckion VII. VIII - 1 SECTION IX REUSE OF DOCUMENTS Ail documents including Drawings and Specifications prepared by Engineer pursuant to this Agreement are instruments of service in respect of the Project. They are not intended or represented to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by Engineer for the specific purpose intended will be at Owner's sole risk and without liability or legal exposure to Engineer; and Owner shall indemnify and hold harmless Engineer from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. These original documents will be delivered to the Owner upon completion of construction. IX - 1 SECTION X TERMINATION Either party to this Agreement may terminate the Agreement by giving to the other ten (10) days notice in writing. If, through cause, the Engineer shall fail to fulfill his obligations under this agreement, or if Engineer shall violate any of the convenants, agreements or stipulations of this agreement, the Owner may terminate said contract by giving written notice to the Engineer of such termination and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. The Owner may terminate this Agreement by giving written notice to the Engineer of such termination and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. Upon delivery of such notice of termination by the Owner to the Engineer, and upon expiration of the ten-day period, the Engineer shall discontinue all services in connection with the performance of this Agreement and shall 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 perfoKmed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed charges which the services actually performed under this Agreement bear to the total services called for under this Agreement, less such payments on account of the charges as have been pre- viously made. Copies of all completed or partially completed designs, plans and specifications prepared under this Agreement shall be delivered to the Owner when and if this Agreement is terminated, but subject to the restric- tions, as to their use, as set forth in Section IX. X- 1 SECTION XI GENERAL REQUIREMENTS 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 T~tle 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 Administration assumes no obligation to the Engineer. E. FINANCIAL RECORDS Ail financial records pertaining to the engineering services included im this agreement shall be made available to authorized representatives of the Federal Aviation Administration and the Comptroller General of the United States in conformity to regulations. F. COMPLIANCE WITH APPLICABLE LAW The Engineer shall comply with any and all local, State and Federal laws regarding age, citizenship, hours, wages and conditions of employment 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. XI - 1 G. VENUE If any legal action be filed by either party to this agreement, venue shall lie in Hale County, State of Texas. XI - 2 SECTION XII ADDRESS OF NOTICES AND COMMUNICATIONS Ail notices and communications under this Agreement to be mailed or delivered to Engineer shall be to the following address: PARKHILL, SMITH & COOPER, INC. 4010 Avenue R Lubbock, Texas 79412 Ail notices and communications under this Agreement to be mailed or delivered to the Owner shall be to the following address: Mike Hutcherson Airport Co-Manager Plainview-Hale County Airport 1000 South Columbia Plainview, Texas 79072 Alternate: J.B. Roberts Chairman Plainview - Hale County Airport Board P.O. Box 337 Plainview, Texas 79073 XII- 1 SECTION XIII SECTION CAPTIONS Each Section under the contractural undertakings has been supplied with a caption to serve only as a guide to the contents. The caption does not control the meaning of any Section or in any way determine its interpretation or-application. XIII - 1 SECTION XIV SUCCESSORS AND ASSIGNMENTS The Owner and the Engineer each binds himself and his successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as above, neither the Owner 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 liability on the part of any officer or agent of any public body which may be a party thereto. EXECUTED in 4 counterparts (each of which is an original) on behalf of Engineer by its President shown below, and on behalf of Owner by its Mayor and County Judge (thereunto duly authorized) this //~--~-~ day of ~-~ , 1988. ~ O~ER: CITY OF PLAINVIEW, TE~S AND COUNTY OF H~E,~E~S Mayor ATTEST: City Secretary APPROV~D~ TO FO~: District Attorney ty Judge ATTEST: County Clerk ENGINEER: PARKHILL, SMITH & COOPER, INC. President XIV- 1 EXHIBIT A TO AGREEMENT BETWEEN CITY OF PLAINVIEW, TEXAS AND COUNTY OF HALE, TEXAS AND PARKHILL, SMITH & COOPER, INC. DUTIES, RESPONSIBILITIES AND LIMITATIONS OF THE AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE A. GENERAL The Resident Project Representative is the Engineer's Agent and shall act under the supervision and direction of the Engineer. He shall confer with the Engineer regarding his actions, and shall generally communicate with the Owner only through the Engineer. B. DUTIES AND RESPONSIBILITIES The Resident Project Representative shall: 1. Schedule - Review the construction schedule prepared by the Contractor for compliance with the contract and give written advice to the Engineer concerning its acceptability. 2. Conferences - Attend pre-construction conferences. Arrange a schedule of progress meetings and other job conferences as required in con- sultation with the Engineer and notify those expected to attend in advance. Maintain and circulate copies of records of the meetings. 3. Liaison - a. Serve as the Engineer's liaison with the Contractor working principally through the Contractor's field superintendent. Alert the Contractor through his field superintendent, to the hazards involved in accepting and acting upon instructions from the Owner or others, except such instructions transmitted through the Engineer. b. Cooperate with the Contractor in his dealings with the EXHIBIT A Page 1 o~ 5 various local agencies having jurisdiction over the Project in order to complete service connections to public utilities and.facilities. c. Assist the Engineer in obtaining from the Owner addi- tional details or information, when required at the job site for proper execution of the work. 4. Approvals - When required, assist the Engineer in obtaining from the Contractor a list of his proposed suppliers and subcontractors. 5. Samples - Assist the Engineer in obtaining field samples of materials delivered to the site which are required to be furnished, and keep record of actions taken by the Engineer. 6. Shop Drawings - a. Receive approved shop drawings and other submissions from the Engineer; record data received, maintain a file-of the drawings and submissions, and check construction for compliance with them. b. Alert the Contractor's field superintendent when he observes materials or equipment being installed before approval of shop drawings or samples, where such are required, and advise the Engineer when he believes it is necessary to disapprove work as failing to conform to the Contract Documents. 7. Review of Work, Inspections and Tests - a. Conduct on-site 'observations of the work in progress for the Engineer as a basis for determining that the Project is proceeding in accordance with the Contract Documents. b. Verify that tests, including equipment and systems start up, which are required by the Contract Documents are con- ducted and that the Contractor maintains adequate records thereof; observe, record and report to the Engineer appropriate details relative to the test procedures and start ups. EXHIBIT A Page 2 of 5 c. Accompanying visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to the Engineer. 8. Interpretation of Contract Documents - Transmit to the Contractor the Engineer's interpretations of the Contract Documents. 9. Modifications - Consider and evaluate Contractor's suggestions for modifications in drawings or specifications and report them with recommen- dations to the Engineer. 10. Records - a. Maintain at the job site orderly files for correspondence, reports of job conferences, shop drawings and other submissions, reproductions of original contract documents including all addenda, change orders and addi- tional drawings issued subsequent to the award of the contract, the Engineer's interpretations of the Contract Documents, progress reports, and other Project related documents. b. Keep a diary or log book, recording hours on the job site, weather conditions, list of visiting officials, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures. c. Record names, addresses and telephone numbers of all Contractors, subcontractors and major material suppliers. d. Maintain a set of drawings on which authorized changes are noted, and deliver to the Engineer at the completion of the Project. 11. Reports - a. Furnish the Engineer periodic reports as required of progress of the Project and the Contractor's compliance with the approved construction schedule. EXHIBIT A Page 3 of 5 b. Consult with the Engineer in advance of scheduled major tests or start Of important phases of the Project. 12. ~ayment Requisitions - Review applications for payment with the Contractor for compliance with the established procedure for their sub- mission and forward them with recommendations to the Engineer, noting par- ticularly their relation to the work completed and materials and equipment delivered at the site. 13. Guarantees, Certificates, Maintenance and Operation Manuals - During the course of the work, assemble Guarantees, Certificates, Maintenance Operation Manuals and other required data to be furnished by the Contractor and upon acceptance of the Project, deliver this material to the Engineer for his approval and forwarding to the Owner. 14. Completion - a. Prior to final inspection, submit to the Contractor a list of observed items requiring correction and verify that each correction has been made. b. Conduct final inspection in the company of the Engineer and the Owner and prepare a final list of items to be corrected. c. Verify that all items on final list have been corrected and make recommendations to the Engineer concerning acceptance. C. LIMITATIONS OF AUTHORITY Except upon written instructions of the Engineer the Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents. 2. Shall not undertake any of the responsibilities of the Contractor, the sub-contractors or the Contractor's field superintendent. 3. Shall not expedite the work of the Contractor. 4. Shall not advise on or issue directions relative to any aspect of the construction technique or sequence unless a specific technique or sequence is called for in the Contract Documents. EXHIBIT A Page 4 of 5 e Shall not authorize the Owner to occupy the Project in whole or in part prior to final acceptance of the work. Shall not participate in specialized field or laboratory tests. EXHIBIT A' Page 5 of 5 EXHIBIT B TO AGREEMENT BETWEEN CITY OF PLAINVIEW, TEXAS AND COUNTY OF HALE, TEXAS AND PARKHILL, SMITH & COOPER, INC. CERTIFICATION OF ENGINEER I hereby certify that I am the President and duly authorized representative of the firm of Parkhill, Smith & Cooper, Inc., whose address is 4010 Avenue R, Lubbock, Texas 79412, and that neither I nor the above firm I here represent has: (a) employed or retained for a commission, percentage, brokerage, con- tingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract, (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) paid or agreed to pay to any firm, organization, or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connec- tion with, procuring or carrying out the contract; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Federal Aviation Administration of the United States' Department of Transportation, in connec- tion with this contract involving participation of Airport Improvements Program (AIP) funds and is subject to applicable state and federal laws, both criminal and civil. ~ '(Date~ (Signature) EXHIBIT B Page 1 of 1 EXHIBIT C TO AGREEMENT BETWEEN CITY OF PLAINVIEW, TEXAS AND COUNTY OF HALE, TEXAS AND PARKHILL, SMITH & COOPER, INC. ENGINEER CONTRACTUAL REQUIREMENTS TITLE VI ASSURANCES During the performance of this agreement, the Engineer, for itself, its assignees and successors in interest (hereinafter referred to as the "Engineer") agrees as follows: 1. Compliance with Regulations. 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. 2. Nondiscrimination. The Engineer, with regard to the work per- formed by it during the agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of sub- contractors, including procurements of materials and leases of equipment. The Engineer shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in appendix B of the Regulations. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive EXHIBIT C Page 1 of 3 bidding or negotiation made by the Engineer for work to be performed under a subcontract, including procurements 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. 4. Information and Reports. The Engineer shall provide all infor- mation and reports required by the Regulations or directives issued pur- suant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of the Engineer is in the exclusive possession of another who fails or refuses to furnish this information, the Engineer shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the Engineer's non- compliance with the nondiscrimination provisions of this agreement, the sponsor shall impose such agreement sanctions as it or the FAA may deter- mine to be appropriate, including, but not limited to-- a. withholding of payments to the Engineer under the agreement until the Engineer complies, and/or b. cancellation, termination, or suspension of the agreement in whole or in part. 6. Incorporation of Provisions. The Engineer shall include the pro- visions of paragraphs 1 through 5 in every subcontract, including procure- ments of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Engineer shall take EXHIBIT C Page 2 of 3 such action with respect to any subcontract or procurement as the sponsor or the FAA 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 sub- contractor or supplier as a result of such direction, the Engineer may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the Engineer may request the United States to enter into such litigation to protect the interests of the United States. MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES 1. Policy. It is the policy of the Department of Transportation (DOT) that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this agreement. 2. MBE Obligation. The Engineer agrees to ensure that minority busi- ness enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all Engineers shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Engineers shall not discriminate on the basis of race, color, national ori- gin, or sex in the award and performance of DOT-assisted contracts. Date C. Clayton Yeage~, President Parkhill, Smith & Cooper, Inc. EXHIBIT C Page 3 of 3 EXHIBIT D CALCULATION OF BASIC COMPENSATION FOR ENGINEERING SERVICES PLAINVIEW-HALE COUNTY AIRPORT EXTEND RUNWAY 4-22 AND PARALLEL TAXIWAY AND SEAL COAT CERTAIN TAXIWAYS AND APRON A. DESIGN PHASE PreParation of Plans and Specifications Direct Salar~ Costs Project Manager = Project/Design Engineer 107 hrs @ 17.49 = Design Engineer 187 hrs @ 13.43 = Draftsman 146 hrs @ 10.13 = Typist 100 hrs @ 8.25 = 57 hfs @ $25.11 Estimated Salary Costs Overhead (143.14%) Subtotal $ 1,431 1,871 2,511 1,479 825 $ 8,117 11,619 $19,736 Direct Costs Reproduction Travel Telephone & Postage CPT Electrical Consultant Direct Costs Estimated Costs Profit 383 148 110 3OO 300 TOTAL FEE $ 1,241 $20,977 3,147 $24,124 EXHIBIT D Page 1 of 3 B. BIDDING PHASE Direct SalarM Costs Project Manager Project/Design Engineer Typist 15 hrs @ $25.11 = 21 hrs@ 17.49 = 11 hrs @ 8.25 = Estimated Salary Costs Overhead (143.14%) Subtotal $ 377 367 91 $ 835 -. 1,195 $ 2,030 Direct Costs Reproduction Travel Telephone & Postage CPT Electrical Consultant Direct Costs Estimated Costs Profit 5O 65 8O 15 100 310 2,340 351 TOTAL FEE $ 2,691 EXHIBIT D Page 2 of 3 C. CONSTRUCTION PHASE Direct Salary Costs Project Manager Project/Design Engineer Design Engineer Typist 41 hfs @ $25.11 = 63 hrs @ 17.49 = 20 hrs @ 13.43 = 23 hfs @ 8.25 = Estimated Salary Costs Overhead (143.14%) Subtotal $ 1,030 1,102 269 190 $ 2,591 3,709 $ 6,300 Direct Costs Reproduction 60 Travel 248 Telephone & Postage 100 CPT 20 Electrical Consultant 300 Direct Costs Estimated Costs Profit 728 7,028 1,054 TOTAL FEE $ 8,082 EXHIBIT D Page 3 of 3 STATE OF TEXAS COUNTY OF HALE hereinafter called the Performing Party, and.the PLAINVIEW-HAI~ COUNTY HEALTH DEPARTMENT, hereinafter called the Receiving Agency, contract as follows: The Performing Party, in consideration of the hereinafter mentioned payment of the receiving agency, agrees to provide aerial spraying in areas designated by the Receiving Agency or its representatives for the purpose of eradicating and controlling disease-bearing vectors. The Performing Party agrees to undertake the above mentioned spraying of certain insecticides harmless to humans and to animal life under the following conditions and perform&nce requirements: A. The aircraft shall be capable of applying either Technical Malathion or Dibrom 14 concentrate. B. All operations under the terms of this contract shall be carried out in multi-engine aircraft that have the capability of treating Four Thousand Five Hundred (4,500) acres per hour. C. Spray of Malathion shall be applied so that droplets produced are in the Fifty (50) MMD to Sixty (60) MMD micron range with no more than Ten Per Cent (10%) droplets below Twenty-five (25) microns and no more than Ten Per Cent (10%) droplets above One Hundred (100) microns. D. Technical malathion (Ninety-Five Per Cent) shall be applied at a dosage rate of Two (2) ounces, Three (3) ounces, or Four (4) ounces of active ingredients per acre with a plus or minus of Five Per Cent (5%) variation. E. Spray of malathion shall be applied so as to produce deposits of not less than Fifteen (15) particles per square inch as determined by counts or impinged patch on oil red die cards. F. Dibrom 14 Concentrate shall be applied at the rate of ~ to 1 fluid ounce per acre. G.. Aircraft shall be equipped with a non-corrosive spray system suitable for the use of Dibrom 14 concentrate and shall be capable of delivering droplets of Dibrom in the 30 to 80 MMD Micron Range, applied at the rate of % to 1 fluid ounce per acre. H. Aircraft shall be equipped with an approved flushing system capable of flushing spray system after each spray application. I. Contractor shall furnish proper flushing material. J. The Performing Party agrees that the PLAINVIEW-HALE COUNTY HEALTH DEPARTMENT or its representatives shall make the sole determina- tion as to location of areas to'be sprayed and when spraying shall be commenced and/or terminated. K. The Performing Party shall provide-the Receiving Agency with written evidence that the Performing Party has in force during the term of this contract a One Million Dollar ($1,000,000.00) single limit liability insurance policy covering damages to persons and damages to property, both public and private. L. The Performing Party hereby agrees to forever release, discharge, exempt, indemnify and hold harmless the Receiving Agency and/or the City of Plainview and its (or their.) employees from any and all claims, demands and causes or actions of whatsoever kind, nature and description which may arise in conjunction with use of chemical insecticides in the project of aerial spraying to be performed in accordance with this agreement. M. It is agreed that the PLAINVIEW-HALE COUNTY HEALTH DEPARTMENT or its representative will make no payment to the Performing Party for his services until the Performing Party has fully performed his obligations as set out in Section J and further that the Receiving Agency or its repre- sentative is fully satisfied withthe performance of the Performing Party. N. The Receiving Agency hereby agrees to furnish all chemical insecticides used in the performance of this contract and shall furnish said chemicals at the loading site at the PLAINVIEW-HALE COUNTY AIRPORT. The Performing Party shall be responsible for the loading of the chemicals onto his aircraft and shallfurnish all necessary pumps, hose, plumbing and meters for loading and measuring the amount of'chemicals used for each application. O. It is estimated that the total acreage sprayed~during each appli- cation for the vector control season in 1987 will be approximately 9,740 acres. The Receiving Agency in consideration of the hereinbefore mentioned - 2 - undertaking of the Performing Party agrees to pay the Performing Party at the rate of ~ per acre for all acres sprayed. Payment of such aerial spraying service charge shall be paid upon receipt of a statement from the Performing Party accompanied by a certified copy of the daily record of aircraft application form on each aerial spraying application. Payment shall be made on or before the fifteen (15th) day of the month following the month the aerial spray service is performed, subject, however, to the provisions of Sections j and L hereof. P. If either the Receiving Agency or the Performing Party shall fail to 'keep any of the agreemnts hereunder by him to be kept or to make any payment hereu, nder by him to be made, the other party may, by giving the party in default written notice, cancel and terminate this agreement as and from the expiration of five (5) days from the receipt of said notice. Q. This contract, or any part thereof shall not be assigned by the Receiving Agency nor shall it be performed by any subcontractor nor any party other than Receiving Agency, but the contract is to be performed by the Performing Party executing this contract and with the equipment herein provided for. R. The Performing Party herein .is a corporation. In the event the management of the corporation should change'during the existence of this contract or in the evenE that the majority stock of the corporation should be sold, transferred or assigned by the present owner during the term of this contract the Receiving Agency may and is hereby given the right to immediately cancel the contract and to acquire other parties to do the work and spraying as contracted for herein. S. The term of this contract is for the vector control season for the year 1987. The Receiving Agency shall have the option to renew and extend this contract for the vector control season for the year 1988. Provided, however, that if the City desires to renew and extend this option for the vector control season for the year 1988, it shall give the Performing Party notice ofits election to so exercise said option by February 1, 1988. In the event the City exercises its option for - 3 - 1988, it shall have the same option to renew and extend the contract for the year 1989 on the same terms and conditions and in the same manner. In the event the City exercises its option for the year 1989, it shall likewise have an option to extend and renew this contract for the vector control season for thelyear 1990 in the same manner and upon the sameterms and conditions. In the event the City exercises its option for 1990, it shall likewise have an option to extend and renew-this contract for the vector control season for the year 1991. Provided, further however, that should the Performing Party so elect it may terminate the contract by notifying the Receiving Agency in Writing prior to'February 1,1991 of its election to terminate the contract. Should the option be exercised by Receiving Agency for 1988 and should it not be terminated by the Performing party than likewise in the same manner Performing Party shall also have the election of terminating the contract by so notifying the Receiving Agency prior to the February 1, of the year 1989 and prior to February 1, of the year 1990, and prior to Februaryl, of the year 199i. Provided, however, that if Receiving Agency does not exercise its option for any one of the said years or if Performing Party terminates this contract for any one of the said years that this contract shall be terminated conclusively and shall thereafter be of no force and effect and all parties shall be relieved of their obligations hereunder, except obligations that have accured prior to the termination of the contract. THIS AGREEMENT, made and entered into this the 29th day of January , 1987, by and betweenthe PLAINVIEW-HALE COUNTY HEALTH DEPAt>..TMENT and the located at ~//~/u/~r~j. . , -T~ ! RECEIVING y Plainvidw / Hale County Health Dept. By est Aeri~l/-S~ervices, Inc. WIT~SSES: City ~eCretary - 4 -