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Res 1386 2/20/1973p RESOLUTION NO. /J to RESOLUTION APPROVING CONTRACT WITH PINNELL-ANDERSON-WILSHIRE AND ASSO- IATES, INC. FOR PERSONAL SERVICES FOR COMPREHENSIVE PLANNING ASSIST- ANCE PROJECT. WHEREAS, the staff of the City of Wichita Falls and Pinnell-Anderson-Wilshire and Associates, Inc. have negotiated a proposed contract for personal services, wherein the latter agrees to perform in cooperation with the City the services set forth therein in connection with the project of the City under Comprehensive Planning Grant Contract No. CPA-TX-06-16-1041; and, WHEREAS, such proposed contract has been submitted for approval to the Department of Housing and Urban Development, which is expected to approve such contract substantially in the form presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such a contract between the City and Pinnell-Anderson- Wilshire. and Associates, Inc. is hereby approved, and the City Manager is authorized to execute for the City such contract as is approved by the Department of Housing and Urban Development, provided it is substantially in the form of the proposed con- tract which is attached hereto. PASSED AND APPROVED THIS THE 20TH DAY OF FEBRUARY, 1973. M A Y O R eZsn,1244. 4./a1.11/e ATTEST: sue' City Clerk I CONTRACT FOR PERSONAL SERVICES COMPREHENSIVE PLANNING ASSISTANCE PROJECT THIS AGREEMENT, entered into as of this 20th day of February, 1973, by and between Pinnell-Anderson-Wilshire and Assoc- iates, Inc. , herein called the "Contractor" and the City of Wichita Falls herein called the "Planning Agency" , WITNESSETH THAT: WHEREAS the Planning Agency desires to engage the Contractor to render certain technical or professional services hereafter des- cribed in connection with an undertaking which is expected to be partially financed under Section 701 of the Housing Act of 1954, as amended: NOW THEREFORE, the parties hereto do mutually agree as follows: 1. Employment of Contractor. The Planning Agency hereby agrees to engage the Contractor and the Contractor hereby agrees to perform in cooperation with the Planning Agency the services herein- after set forth in connection with the project of the Planning Agency under Comprehensive Planning Grant Contract No. CPA-TX-06-16-1041. 2. Area Covered. The Contractor shall perform all the necessary services provided under this Contract in connection with and respecting the following area or areas, herein called the planning area" : TRANSPORTATION STUDY AREA OF THE WICHITA FALLS URBAN TRANSPORTATION PLAN 3 . Scope of Services. The Contractor shall do, perform, and carry out in a satisfactory and proper manner, as determined by the Planning Agency, the following services : a) Review of Analysis Techniques Review of methodology used in projection Review of conceptual framework of General Plan b) Review of Preliminary Draft Approximately 200 pages, prologue, 8 chapters, appendix. ) c) Assistance in Refining Analysis, Providing Additional Perspectives, and Making Appropriate Text Revision d) Prepare All Figures and Illustrations Approximately 15 - 20 color plates One comprehensive land use map 7 photos to be reproduced Design color-coded text Design illustration theme e) Prepare Preliminary Draft for Review by Mayor, Board of Aldermen Planning Board and Staff 25 copies f) Prepare Final Draft g) Publish Final Document 300 copies of Final Report (prologue, 8 chapters, appendix) 4 . Personnel. a) The Contractor represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Planning Agency. b) All of the services required hereunder will be performed by the Contractor or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services. c) None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the Planning Agency. 5 . Time of Performance. The services of the Contractor are to commence as soon as practicable after the execution of this Con- tract 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 by April 30 , 1973 . 6 . Compensation. The Planning Agency agrees to pay the Contractor on a reimbursable rate fee basis, using the rates and procedure as indicated in the attached schedule (Attachment No. 1) , subject to a maximum amount of $10 ,000. 00. In no event shall the total fee paid exceed this maximum amount without the prior written approval of the Planning Agency. 7 . Method of Payment. The Contractor shall submit monthly progress reports accompanied by a summary of hours worked by labor classification. Payment will be made, however, upon completion of the work and submission of the prescribed number of copies of the printed report. 8. Termination of Contract for Cause. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants , agreements , or stipulations of this Contract, the Planning Agency shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least 5 days before the effective date of such termina- tion. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models , photographs , and reports or other material prepared by the Contractor under this Contract shall, at the option of the Planning Agency, become its property, and the Contractor shall be entitled to received 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 Planning Agency for damages sustained by the Planning Agency by virtue of any breach of the Contract by the Contractor, and the Planning Agency may withhold any payments to the Contractor for the purposes of setoff until such time as the exact amount of damages due the Planning Agency from the Contractor is determined. 9. Termination for Convenience of Planning Agency. The Planning Agency may terminate this Contract at any time by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least 15 days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Paragraph 8 above shall, at the option of the Planning Agency, become its property. If the Contract is terminated by the Planning Agency as provided herein, the Contractor will be paid an amount which bears the same ration to the total compensation as the services actually performed bear to the the total services of the Contractor covered by this Contract , 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 9 hereof relative to termination shall. apply. 10 . Changes. The Planning Agency 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 Planning Agency and the Contractor, shall be incorporated in written amendments to this Contract. 11. Equal Employment Opportunity. a) The Contractor will not discriminate against any employee or 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 of pay or other forms of compensation; selection for training including apprenticeship; 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-discrimination clause. The Contractor will in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. b) The Contractor shall keep such records and submit such reports concerning the racial and ethnic origin of applicants for employment and employees as the Secretary may require. c) The Contractor agrees to comply with such rules, regulations or guidelines as the Secretary may issue to implement these requirements . 12 . Interest of Members of Planning Agency and Others. No officer, member, or employee of the Planning Agency 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 of 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 . 13 . Assignability. The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation) , without the prior written consent of the Planning Agency thereto: Provided, however, that claims for money due or to become due to the Contractor from the Planning Agency under this Contract may be assigned to a bank, trust company or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Planning Agency. 14 . Interest of Contractor. The Contractor convenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed of this Contract no person having any such interest shall be employed. 15. Findings Confidential. Any reports , information, data, etc. , given to or prepared or assembled by the Contractor under this Contract which the Planning Agency requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the Planning Agency. 16 . Officials Not To Benefit. No members 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. 17. Identification of Documents. All reports, maps, and other documents completed as a part of this Contract, other than documents exclusively for internal use within the Planning Agency, shall carry the following notation on the front cover or a title page, (or in the case of maps, in the same block) containing the name of the Planning Agency : The preparation of this report, map, document, etc. , was financed in part through a Comprehensive planning grant from the Department of Housing and Urban Development, under the provisions of Section 701 of the Housing Act of 1954, as amended, together with the date (month and year) the document was prepared and the name of the municipality , metropolitan area, or other planning area concerned. 18. Publication, Reproduction and Use of Material. No material roduced in whole or inP part under this Contract shall be subject to copyright in the United States or in any other country. The Planning Agency 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. 19 . Audits and Inspections. At any time during normal business hours and as often as the Planning Agency , HUD and/or the Comptroller General of the United States may deem necessary, there shall be made available to the Planning Agency , 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 Planning Agency, HUD and/or representatives of the Comptroller General to audit, examine and make excerpts of transcripts from such records, and to make audits of all contract, invoices, materials, payrolls , records of personnel, conditions of employment and other data relating to all matters covered by this Contract. IN WITNESS WHEREOF the Planning Agency and the Contractor have executed this agreement as of the date first above written. CITY OF WICHITA FALLS ATTEST:By CITY CLERK CITY MANAGER Contractor By Title Title or Capacity) Attachment No. 1 PINNELL-ANDERSON-WILSHIRE AND ASSOCIATES , INC. P.O. Box 31334 Dallas , Texas 75231 STANDARD RATES REIMBURSABLE FEE BASIS February, 1972 A. Salaries : Classification Rate per Hour Principal 12 .00 Associate Engineer 9 . 50 Senior Traffic Engineer 8. 75 Senior Planner 8. 75 Senior Systems Analyst 8. 50 Traffic Engr. Aide 4. 50 Draftsman 3 . 50 Secretary 3. 25 Registered Professional Engineers - Texas . Principals licensed to paractice in Texas , Oklahoma, Missouri , and Nebraska. Certified Planner-In-Charge - Texas , Oklahoma. Salary cost times a multiplier of 2 .0 is used to compute I the fee charged for employee' s salaries , overhead, and profit. To this is added any direct non-salary expenses as described below. If B. Direct Non-Salary Expenses : Direct non-salary expenses for any assignment are those expenses incurred by PAWA for supplies , transportation, equipment, travel , communications , subsistence and lodging away from home, and similar incidentals in connection with that assignment. These expenses are billed at actual invoice cost plus a ten (10) percent service charge for handling. 1