1985-057-RES WHEREAS, the City of Paris, has need for professional services and Black & Veatch Engineers-Architects,
RESOLUTION NO. 85-057
WHEREAS, the City of Paris, has need for professional
services and Black & Veatch Engineers-Architects, POBox
802004, Dallas, Texas 75380-2004 has made a proposal for
engineering service and design for rehabilitation and
improvements to the Waste Water Treatment Plant, more
particularly described in Appendix A of Exhibit A attached
hereto; and,
WHEREAS, it is deemed to be in the best interest of the
City of Paris that such proposal be accepted and that a
professional services contract in the form of Exhibit A
attached hereto and made a part hereof, be, and the same is
hereby approved; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the proposal of Black & Veatch Engineers-
Architects for professional services described in Exhibit A
attached hereto, be, and the same is hereby accepted.
BE IT FURTHER RESOLVED, That the Mayor of the City of
Paris, George Fisher, Jr., be, and he is hereby authorized
and directed on behalf of the City of Paris to execute the
Professional Service Contract attached hereto as Exhibit A.
Passed and adopted this 8th day of July, 1985.
~fie~tl$
rge ~s er, J:r'., Mayor
ATTEST:
~I:\~\"~' ~,~~~
att~e Cunning am, ~ 'if er
APPROVED AS TO FORM:
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BLACK & VEATCH ENGINEERING CONTRACT
FOR
1985 WWTP IMPROVEMENTS
PROJECT NO. 15-86-21
PROFESSIalAL SERVICES
AGREEMENT
TIllS AGREEMENT nade as of the g t:W day of ~ lA ^ ,19 1, 5:
between Black & Veatch Engineers & Architects, a par ersfuip, with a
principal office at Suite 300, 5728 LBJ Freeway, Dallas, Texas 75240,
hereinafter saretirres called "Engineer", and the City of Paris, Paris,
Texas, a municipal corporation, with offices at 135 1st Street S.E.,
Paris, Texas, 75460, hereinafter sorretirres called "()..mer",
WITNESSETH: For the promises and considerations, and u[XJn the
terms and conditions hereinafter set forth, the parties hereto agree as
follcws:
ARTICLE I - Project
o..mer hereby engages Engineer to perform professional services in
connection with the project entitled 1985 Wastewater Treatrrent Plant
Irrproverrents, having Project Number 15-86-21 and hereinafter for conven-
ience referred to as "Project", said Project being nure carpletely
described in Append'LX A, attached hereto.
'l'he professional services to be perforrred by Engineer are those
services required to ilccomplish the "Scope of \':Ork" as described ir
Appendix A, and such other services as Hay be required by O;>'nc;r pursuant
to ARTICLE IV, Changes, of this Agreer,i?J1t.
ARTICLE II - Contract Sum
o..mer shall reimburse Engineer for the perfomBnce or the services
required by the Contract, in accordance with Appendix B attached hereto.
Notwithstanding any other 1.ll1derstandings or agreerrents betwc>en the
parties, 1.ll11ess specifically noted herein, the ITB.Ximum payrrent by o..mer
to Engineer for the perfomBnce of the Contract shall not exceed One
H1.ll1dred 'TWenty-one Thousand Three ll1.ll1dred Thirty-Eight and 00/100
Dollars ($121,338.00) which art01.ll1t is hereinafter defined as "Guaranteed
M3.ximum Contract Sum," "Contract Sum," or "GM:::S". Such art01.ll1t includes
all applicable sales and/or use taxes.
On a rronthly basis the Engineer shall submit to the ()..mer's Repre-
sentative an application for payrrent in such fonrat and detail as is
specified in Appendh B. The application for payrrent shall generally
include all costs in=red by Engineer during the previous calendar
rronth.
1
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Applications for payment shall be mailed to:
Address: John Buss
Director of Engineering
City of Paris
P. O. Box 1037
Paris, TX 75460
Engineer shall submit a duplicate copy of each application for
payment to Anheuser Busch Companies at the following address:
Mr. James L. Martin, P.E.
Manager, Environmental Engineering
Anheuser Busch Companies, Inc.
One Busch Place (202-4)
St. Louis, MO 63118-1852
Owner shall make payment within twenty-one (21) days of receipt of
each monthly application for payment.
Engineer shall mcintain full and complete records to substantiate
application for payment. Owner shall be afforded access to such records
during the period of the Contract and two (2) years thereafter for
audit.
For the purpose of this ARTICLE, all services shall be considered
ccmlJlete upon delivery of drawings, Technical Previsions, ilnd any work
specifically requested in Appendix A, Project Description and Scope of
Work, by Engineer, and acceptance, thereof, by Owner.
ARTICLE III - Time of Performance
Engineer's work shall have comenced imnlediately upon the date of
this Agreement. Engineer shall make every reasonable effort to complete
the design portion of the work according to the schedule outlined in
Appendix C, attached hereto.
ARTICLE IV - Changes
Owner designates John Buss, Director of Engineering, or his
successor, as its representati ve in connecti on wi th thi s Contract.
Owner, without invalidating the Contract, by written notices, may order
changes in the Scope of Work which may result in an addition to or
deduction from the Guaranteed Maximum Contract Sum. Such written notice
to Engineer shall bear the signature of the City Manager. Such written
notice may be revoked or changed only by written notice to Engineer by
the City of Paris, City Manager.
2
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No other party in any way connected with or employed by Owner shall have
authority to make changes in the Scope of Work.
Engineer designates Jay Hesby, or his successor, as its representa-
tive in connection with this Contract. Engineer's representative shall
reply in writing to such written notice from Owner for changes in the
Scope of Work to be performed within ten (10) days after receipt thereof
and shall include Engineer's opinion as to a proper guaranteed maximum
sum addition or deduction. The Engineer's opinion of cost shall incor-
porate all provisions, if any, in Appendix B which relate to compen-
sation for supplemental or additional services, or the deletion of
services from the agreed scope of work, Owner's and Engineer's mutual
agreement is requi red to a Guaranteed Maximum Contract Sum adjustment,
and Owner's written notice to proceed must be sent to Engineer before
any changes that affect the Guaranteed ~laximum Contract Sum shall be
made, The Guaranteed t'laximum Contract Sum is to be adjusted by a
Contract Change Order, issued and signed by both parties. All changes
sha 11 become pal't of thi s Agreement and sha 11 be executed under the pro-
visions of the original Contract Documents.
Incidental design decisions which modify the detailed Scope of Work
as given in Appendix A, may be made by Engineer without a Contract
Change Order, provided such modifications do not result in an addltion
to or deduction from the Guaranteed Maximum Contract Sum,
~RTICLE V - Ownership of Engineering Documents
The "Eng i neeri ng Documents" i nc 1 ude a 11 documents requ i red or
reasonably i"lplied by the Scope of \,ork, including but not limited to
prints, mylars, plans, tracings, drawings, designs, design premises,
calculatiolls, sketches, models, reports, specifications, and Technical
Provisions,
All Engineering Documents furnished to Engineer by Owner, in
furtherance of this Contract, are the property of Olmer and are not to
be used on other work by Engineer and shall be returned to Owner at the
conclusion or termination of the Contract.
All Engineering Documents prepared and/or furnished by Engineer in
the performance of this Contract are the property of Owner. Engineer
s ha 11 de liver such Engi neeri ng Documents to Owner a t the conc 1 us i on or
termination of the Contract, Such Engineering Documents will be relied
upon by Ol-mer so long as the City of Paris Plant, which they modify,
remains in service. Such Engineering Documents are not intended or
represented to be suitable for reuse by Owner or others on extensions of
the Project or any other project; however, extensions of the Project by
Owner or others which do not affect the basis of Engineer's work shall
not terminate the obligation assumed by Engineer under this agreement.
3
"./..,,.,-..... .~""'Mc..
Any reuse without written verification or adaptation by Engineer for the
specific purpose intended ~li1l be at Owner's sole risk and without
1 i abi 1 i ty or 1 ega 1 exposure to Engi neer, or to Engi neer' s independent
professional associates and consultants; and Owner shall indemnify and
hold harmless Engineer and Engineer's independent professional
associates and consultants from all claims, damages, losses and expenses
including attorneys' fees arising out of or resulting therefrom. Any
such verification or adaptation will entitle Engineer to further compen-
sation at rates to be agreed upon by Owner and Engineer.
The Engineer may retain copies and/or reproducible my1ars of the
Engineering Documents for record purposes,
ARTICLE VI - Status of Parties
Each party hereunder is deemed to be an independent contractor, and
no party hereunder shall be deemed to be the agent of any other par'ty
hereto.
ARTICLE VI! - Applicable Laws and Venue
The construction "od interpretation of this Agreement shall be
under and in accordance with the Laws of the State of Texas, Venue fer
any matter arising out of this cgreernent is hereby testabl ished ane
agreed to be in Lamar County, Texas.
ARTICLE VIiI - Successors and Assigns
The within Agreement shall be binding upon Owner and Engineer and
their respective heirs, successors, executors, administrators and
assigns, Neither Owner nor Engineer may assign or transfer their respec-
tive rights or interests hereunder without the written consent of the
other except, however, that all accounts and moni es ea rned and accrued
to Engineer hereunder may be assigned by Engineer,
ARTICLE IX - Subcontracts
Engineer shall not subcontract any part of its services hereunder
without the prior wri tten consent of Owner. The contract pri ce in
subcontracts should, except as otherwise approved by Owner, be either a
lump sum or if on a cost plus basis, should be subject to a guaranteed
maximum amount.
No subcontract shall provide for advance payment or down payments
without the specific prior approval of Owner for each such subcontract.
4
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Such approval may be contingent upon prov, s 1 ons for adequate securi ty
for any such prepayments. Engineer agrees to bind each subcontractor to
the terms of the Contract Documents insofar as they are app 1 i cab 1 e to
the work to be performed. It is the intention of the parties that
similar obligation and rights are to be obtained in each subcontract as
are provided for in the Contract Documents.
ARTICLE X - Notices
Any written notice required or provided for under the terms of the
Contract Documents (except specifically provided in the case of
Insurance) shall be given and deemed to have been duly served either (1)
by delivering same in person tu the individual or to en officer of the
corporation for ~Ihom it is intended, or (2) by depositing same,
certified mail, return receipt requested, in the United States mail,
addressed to the respective parties, as indicated below:
OWNER
ENGINEER
Davi d H. Doty, City t1anager
City of Paris
p, O. Box 1037
Peris, TX 75460
Jay Hesby, r.E.
Black & Veatch Engineers &
Architc;cts
Su ite 300
5728 LBJ Freeway
Dallas, TX 75240
ARTICLE XI - Termination of Agreement by Owner
Owner may at any time and for any reason terminate this Agreement
by giving ten (10) days' written notice thereof to Engineer. Engineer
shall stop all work as soon as is possible within the ten (10) day
notice period and shall deliver to Owner as promptly as is practicable,
copies of all completed 0)' partially conlpleted work and information
which Engineer would have been required to deliver to Owner had such
termination not occurred, Additionally, if requested, Engineer shall
coopera te with Owner in ori enti ng a new eng i neer wi th the des i gn con-
cepts' assumptions and work performed up to the time of termination as
necessary, to insure an adequate transition in engineering services and
to provide continuity in project concepts.
O~lI1er shall pay to Engineer all fees for direct labor costs and
reimbursab 1 e expenses incurred or una 1 terab ly ob 1 i gated pri or to the
date of receipt by Engineer of Owner's notice of termination. It is
specifically agreed that there shall be no claim or payment for antici-
pated profi t.
5
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ARTICLE XII - Termination of Agreement by Engineer
Engineer may, at any time, terminate this Agreement by giving ten
(10) days' written noti ce thereof to Owner for fa i 1 u re of Owner to
perform in accordance with the provisions of the Contract Documents or
for failure of Owner to provide with reasonable promptness such informa-
tion, decisions, fee payments or approvals as may be necessary to
prevent serious disruptions or prolonged delays in the work being
performed.
Should Engineer terminate the Agreement Owner shall pay to Engineer
all fees for direct labor costs and reimbursable expenses incurred or
unalterably obligated prior to the date of Engineer's notice of termina-
tion, It is specifically agreed that there shall be no claim or payment
for anticipated profit. If requested, Engineer shall cooperate with
Owner in orienting a new engineer with the design concepts, assumptions
and work performed up to date of termination, as necessary to insure an
adequate transition in engineering services and to provide continuity to
project concepts,
ARTICLE XIII - Additional Obligations of Engineer and Owner
In addition to the obligations of Owner and Engineer SEt forth
elsewhere throughout the Contract Documents, the pa rt i es hereto
ackn0wledge the following additional obligations and responsibilities:
Owner and Engineer acknowledge the relation of trust and confidEnce
established each to the other, and each party agrees to cooperate with
the other in every respect in forwarding ProjEct interests. Specifi-
cally, but without limitation, Engineer covenants with Owner to furnish
his best skill, care and judgment and at least the prevailing stand~rd
of skill, care and judgment expected of any professional engineer under
circumstances similar to those to be encountered on this Project, and to
cooperate with Owner in forwarding the interests of Owner. Engineer
acknowledges that Owner reserves the right by itself or through others
to provide to Engineer from time to time during the Project, suggested
forms and revi s ions for the Engi neeri ng Documents, Eng i neer further
acknowledges that it is charged with the total professional engineering
responsibility for the adequacy and sufficiency of each and every
Engineering Document and for all of the Engineering Documents taken as a
vlhole, which are released by Engineer as approved for construction
pursuant to the Scope of Work for this Project.
Additionally, Engineer acknowledges it has conducted prior analysis
in developing the Project and that Owner is relying on Engineer's
judgment and skill to des i gn Project to ach i eve the expected Project
results as these are identified in Appendix A, PrOject Description and
Scope of Work, attached hereto.
6
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As required for the work, and not at the expense of the Engineer,
the Owner wi 11 :
A. Furnish property descriptions when such information is required.
B. Furni s hall maps, drawi ngs, records, aud its, annua 1 reports, alld
other data that are available in the files of the City and which
may be useful in the work involved under this contract.
C. Examine all studies, reports, sketches, drawings, specifiCiltions,
proposals, and other documents presented by the Engineer and render
decisions pertaining thereto within a reasonable time so as not to
delay the services of Engineer.
ARTICLE XIV - Ir.demnity
A. Definitions
For purposes of this article:
1. "Tr,e Owner" means and ir.clccJes Owner, The City of Pet'is,
Paris, Texas, and all of its employees, agEI,ts, and represen-
tatives;
2. "Merico" means Illerico, Inc., a Texas corporation, and all of
its employees, agents, and representatives;
3. "The Engineer" means and includes Engineer, all of its cor-
porate affiliates or partners and its subcontractors and their
respective servants, agents dnd employees; and
4. "Contractors" and "Subcontractors" mean all of City's contrac-
tors and subcontractors performi ng any des i gn, engi neeri ng,
construction or other work of any type, upon or relating to
the City's Sewer Treatment Plant or any additions or modifica-
tions thereto, including without limitation Engineer,
5. "Loss" means any and all loss, damage, liability, or expense,
whether incurred as a judgment, settlement, penalty, fine or
otherwi se, i nc 1 udi ng attorney's fees arid the cost of defense,
ill connection with any action, proceeding or claim, whether
real or spurious, for injury, including death to any person or
persons or damage to or loss of or loss of the use of property
of any person, firm or corporation including the parties
hereto arising or resulting out of the performance of services
required pursuant to this Agreement.
7
B. Professional Liability Indemnity
Engineer hereby agrees to indemnify and hold The Owner and Merico
harmless from any and all Loss caused or incurred as a resUlTOf'
the error, omission or negligent act of The Engineer in performance
of the professional engineering services required pursuant to this
Agreement, including such Loss as may be imposed upon The Owner or
Merica, as a matter of Law by reason of any such error, omission,
or negligent act of The Engineer.
C. Ge~eral Indemnity
Engineer hereby agrees to indemnify and hold The Owner and Merico
harmless from and against any 1 iabil ity to, and claims and actions
by any person or persons, exc 1 udi ng Ci ty and heri co, for or on
account of any death or injury to any person or persons, including,
,lithout limitation, any officials, officers, partners, employees,
agents, consul tants, contractors and subcontractors of Ci ty,
Merica, and Contractors and Subcontractors, or any damage to
property, and from all judgments or amounts paid in settlement and
for all expenses incurred by City or Merica in defending such
claims and actions by others other than City or Merico, including
reasonable attorney fees and court costs, ~Ihere sllch liabilit:,
claims, actions or expenses are caused or incurred, by any actu.
act, failure to act, negligence or other fault on the part of The
Engi neer.
The provisions of this Paragraph C, shall not apply to loss
resulting out of The Engineer's error, omission, or negligent act
in performance of professional engineering services.
D. General Limitation
Nothing in this article shall be deemed to impose liability on
Engineer to indemnify The Owner or Merico for Loss or portion of
Loss attributable to the fault of The Owner or Merico.
ARTICLE XV - Casualty Insurance
A. Engineer hereby agrees to maintain insurance underwritten by
solvent insurance companies authorized to do business in the State
of Texas, with Best Rating of "A". This insurance shall at a
minimum provide coverage for the following:
1.
The 1 ega 1 1 i abil ity
sation Act for all
Benefit Statute or
of Engi neer under the Workers' Compen-
states, and under any other Employee
similar law, to pay claims for bodily
8
lnJuries, including death and disease sustained by employees.
Emp 1 oyers' L i abi 1 ity coverage sha 11 be i nc 1 uded with a 1 imit
of liability of not less than $1,000,000. A Waiver of Subro-
gation in favor of Owner and Merico shall be obtained from
Engineer's Workers' Compensation and Employers' Liability
insurer.
2. The legal liability of Engineer to pay claims because of
damage to property and for injuries to or death of any person
or persons for occurrences ari sing out of Engi neer' S work
performed under this Contract (including automobile exposure)
exclusive of professional services covered under sub-paragraph
A (4) below. Said insurance to be written with limits of not
less than $1,000,000 for any occurrence involving bodily
injury, death, and/or property damage.
3. The 1 ega 1 1 i abi 1 ity of Owner and Meri co, by means of an
Owner's Protective Liability Policy, to pay claims because of
damage to property and for injuries to or death of any person
or persons for occurrences ari sing out of Engi neer' s work
performed under this Contract. Said insurance to be written
with limits of not less than $1,000,000 for any occurrence
involving bodily injury, death, and/or property damage.
4. The contractual 1 iabil ity assumed by Engineer under ARTICl
XIV of this Contract. Said insurance to be written witt,
limits of not less than those specified in sub-paJ'agraphs 1
and 2 above,
5. The legal liability for damages prlslng out cf the performance
of professional services caused by an error, omission or
neg 1 i gent act of Engi neer, any person employed by or con-
tracted for by Engineer or any other person for whose acts
Engineer is legally liable. Said insurance to be written in
limits of not less than $1,000,000.
Engineer
coverage
ten (10)
agrees to maintain the professional
for the duration of this Contract and for a
years after final payment,
1 iabi 1 i ty
period of
B. All insurance provided by Engineer shall be primary and any
insurance maintained by Owner and Merico shall be excess and not
contributing with Engineer's insurance. Engineer will arrange with
its insurance company to endorse its insurance pol i cies accord-
ingly.
C.
All policies shall
cancellation or of
least thirty (30)
be written so that Owner wi 11 be not ifi ed of
any restrictive amendment of the poliCies at
days prior to the effective date of such
9
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least thirty (30) days prior to the effective date of such cancel-
lation or amendment. Notice shall be by cr:rtified mail, return
receipt requested, addressed to Owner as follows:
City Clerk
City of Paris
P. O. Box 1037
Paris, Texas 75460
D. Certificates of Insurance and/or evidence of subscription to any
State Fund shall be filed in duplicate with Owner immediately upon
execution of the Agreement. These shall be filed by certified
mail, return receipt rr:quested, addressed to the Owner as specified
in Paragraph C above. Such certification shall indicate compliance
with sub-paragraphs 1 through 4 of Paragraph A above. The certi-
ficate must specifically refer to the Waiver of Subrogation and All
States Endorsement required under A (1) above; and liability
assumed under ARTICLE XIV,
E. Engineer shall not violate, or permit to be violated, any con-
ditions of any of said policies, and shall at all times satisfy the
requirements of the insurance companies writing said policies.
ARTICLE XVI - Patents
All patents known to Engineer or which should reasonably be kno.m
to Engineer which rr:late to thE processes recommended for use in the
wastewater trr:atment system will be disclosed to Owner, together with an
engineering evaluation of their applicability and validity. If Engineer
believes that a process patent applies and is valid, a recommendation
will be provided regarding acquisition of the right to use the patented
process or product. If Owner believes that a patent search or lega'
evaluation of patents is necessary, those services .till be obtain
separately by Owner. Should Owner be drawn into any claims, pru:eeo-
ings, or suits related to patent infringement as a result of the designs
developed under this Agreement, Engineer will provide engineering
assistance to Owner in defending against those claims, proceedings, or
suits.
The foregoing provlslons shall not apply to process or equipment
designated by Owner.
ARTICLE XVII - Registration Requirements
With reference to any architectural or engineering services called
for by this Contract, which, under the laws of the State of Texas, are
10
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superv i s i on of an a rchitect or "ng i neer reg is tered under the 1 aws of
such State, Engineer shall be bound to see that such services are so
performed.
ARTICLE XVIII - Contract Documents
The fo 11 owi ng enumerated documents form the entire "Contract"
between the parties and are incorporated herein by this reference and
made a part hereof as if fully set out herei n and are herei n for con-
venience referred to as the "Contract Documents":
l. This Agreement,
2. Appendix A, entitled Project Description and Scope of Work,
3. Appendix B entitled Compensation.
,
4. Appendix C, entitl"d Project Schedule,
ARTICLE XIX - No Waiver by Owner
ThE fai lure of Owner in anyone or more instances to insist UpOf;
stri ct pf.t'formance of any of the tetOnls of the Contract Documents or tv
exercise any option herein conferred, shall not be construed as a waiver
or rel inquishment to any extent of the right tc assert or rely upon any
such terms or option on any future occasion,
ARTICLE XX - Extent of Within Agreement
The within agreement constitutes the whole of the A~reement between
the parties hereto and neither thereof has been induced to make or enter
into the within agreement by reason of any promise, agreement, represen-
tation, statement, or warranty other than as contained herein.
IN WITNESS \mEREOF, the parties hereto have e>:ecuted this
Agreement, the day and year first above written.
CITY OF PARIS
BY~~!1~)rJ?
G rge F sher, Jr., Mayor
11
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ATTEST:
~'tt-~'.. ~"-'^""~~
Mattie Cunningham City C e
APPROVED AS TO FORM:
J~L~
ATTEST:
J r' ILf;j
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BLACK & VEATCH ENGINEER-ARCHITECTS
BY:
C, .1. IJuncan, P.E.
Resident Partner
12
APPENDIX A
PROJECT DESCRIPTION & SCOPE OF WORK
PART 1: PROJECT DESCRIPTION
Project Title:
Proj ec t Number:
1985 Wastewater Treatment Plant Improvements
15-86-21
The Project consists of the design and construction of improvements
to increase the City of Paris Wastewater Treatment Plant capacity to the
values indicated in Engineer's report entitled "Review of Wastewater
Treatment Facilities, Paris, Texas," and dated June 12, 1984. Engineer
has, through analysis conducted in developing said report, determined
the following improvements will achieve the indicated capacities, These
improvemerlts shall constitute the Project:
o New flow spl itter and grit removal systerr, ahead of the
existing headworks (comminutor and grit basin).
o New screening facility with six 1 mgd static-type screens,
designed to allow a truck to drive into a lower level to pick
up the screenings, and provided with a metal building super-
structure,
o New recirculc,tion pUIr.ping station to (1) lift the flow from
the screer:s tv a trickling filter and (2) lift the flow from
the trickling filter into the existing headworks. Two
constant speed, vertical mixed-flow type pumps to be provided
for pumpi ng screened raw sewage and fi 1 ter recyc 1 e, onto the
filter. Two, 2-speed vertical mixed-flow type pumps to be
provided for returning trickling filter effluer,t to existing
plant.
o
Modification of one abandoned trickling
with new synthetic media, collection
distributor,
filter box and equip
troughs and rotary
o New yardwork, piping, electrical equipment, and controls
associ ated wi th proposed improvements,
o
Additional aeration discs and velocity control baffles in the
existing aeration basin sufficient to treat design loading,
PART 2:
SCOPE OF WORK
The Engi neer shall perform engi neeri ng
implement the Project. The anticipated scope
below. Supplemental services may be required.
services necessary to
of services is specified
A-I
A. PREBID PHASE
1. Make necessary preliminary field studies and investigations,
and verify all drawings, descriptions, studies, and other data
supplied by the Owner for Engineer's use which, in the opinion
of the Engineer, are critical to the process and mechanical
design of the project, In addition to illl other necessary
field study and investigation, specific an~lysis shall be done
and a recommendation formulated based upon economy and ade-
quacy of service, 011 the following matters:
o The type of material and construction to be used in the
trickling filter wall.
o The type of ma teri a 1 and cons cruct i on to be used for the
screening building,
o The desirability, from a reliability standpoint, of using two
smaller screw conveyors for screening disposal, as opposed to
one large screw conveyor.
o The desirability and practicality of delaying the complete
installaticr, of all the aeration discs necessary to treat the
design load and instead sequentially adding aeration discs, as
necessary, to satisfy the oxygec requirements dS the facil ity
loading increases from current levEls to design capacity,
Engineer should reference dnd satisfy Article III, Section 3.3
of the Merico/City of Paris, Wastewater Treatment AgreemEnt,
when conducting this analysis.
2. Prepare a basis of Design Memorandum which includes:
o A description of project concept and intended results,
o A general description of existing facilities and a more
detailed description of Ilew or modified facilities. For each
individual new or modified treatment unit, mechanical informa-
tion such as, but not limited to, dimensional size, volume,
aeration capacity and distribution, horsepower, equipment
model, manufacturer and performance requirements shall be
specified, as appropriate depending on the process unit under
consideration.
o Field information such as dimensions and elevations to exist-
ing facilities where critical, approximate dimensions,
locations and elevations of other new or existing facilities,
o Process design criteria for each individual treatment unit,
such as flow, detention time, recycle rates, relevant
A-2
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treatment unit sewage influent characteristics, intended
treatment efficiency, treatment unit discharge characteristics
including not only effluent characteristics but other possible
discharges such as grit, quantity and characteristics,
screening quantity and characteristics, etc.
o A section discussing the weakest points, if any, in the
project treatment scheme, at what loadings these might be
expected to become treatment limiting constraints, what
additional modifications will remedy these constraints, and
what overall facility treatment capacity would result.
o A section on plant operation and control which specifies
reascnab 1 e target contro 1 parameters such as MLSS, t';L VSS,
recirculation rates, sludge wasting rates, desirable sludge
age and other parameters as appropriate, for the individual
treatment units, which will result in the acceptable treatment
of the des i gn load. These same pa rameters sha 11 a 1 so be
specified for the acceptable treatment of the currently
existing load. Additionally, this section shall include
general discussion relating to operational adjustments
requ i }'ed to opera te the fac i 1 ity at load i ngs between these
limits, and typical operationcl problems which might result
fror;} a design of this type, if any, and huy; to identif.'1 and
remedy them.
3. Submit Basis of Design ~lenlor2ndum to the City and, ,-,fter City
approve. 1, to the Texas Department of Health (TDH). Confer
with the (TDH) sufficiently to insure the conceptual design
continues to satisfy (TDH) regulatior,s.
4. Prepare detailed drawings and specifications for the proposed
construction work and for all equipment required,
5. Prepare an opinion of probable construction costs for the
proposed work covered by the drawings and specifications,
6. Submit drawings and specifications to the Texas Department of
Health.
7. Attend one meeting in Austin to discuss the project with State
Officials and answer questions, as necessary.
8. Incorporate incidental (i .e., minor) modifications to the
drawings and specifications necessary to meet TDH regulations.
9. Prepare bid forms and notice to bidders.
A-3
B. CONSTRUCTION PHASE
1. Reproduce drawings and specifications and issue to prospective
bidders.
2. Prepare and issue addenda during the bidding period.
3. Assist in evaluation of bids and make recommendations con-
cerning award of contracts.
4, Prepare conforming copies of contracts,
5. Review drawings and data submitted by construction contractors
for general conformity to the contract drawings and specifica-
tions.
6. Make periodic visits to thE: site of the work during con-
struction, consult with the City concerning progress of the
work and its compliance with the drawings, specifications, and
design concepts, review payment requests and make recommenda-
tions regarding payment, and generally administer the Project
both in the office and in the field,
7. Interpret the meaning of the contract documents, c! s neces sa l'y,
8. Prep?rt; change orders to the contract documents, as necessary,
9. Act as initial arbiter in disputes betVleen Ci t.'l ("1r10 con-
struction contractor.
10, Revise drawings to conform to construction records and furnish
one set of reproducible revised drawings to the City,
C. SUPPLEMENTAL SERVICES
1. Any additional work requested by the City that is not included
in one of the items listed in this Appendix A will be classi-
fied as supplemental services.
2. Supplemental services shall include but are not I imited to:
o Additional meetings with State or Federal agencies to
discuss the project.
o
Supplemental engineering work required
requirements of regulatory or funding
become effecti ve subsequent to the
Agreement.
to meet
agencies
date of
the
that
this
A..4
.'...._"._'--,.._._"~..,.._~'''"..". "
o Special consultants requested or authorized by the City.
o Assistance with bid protests, preparation for litigation,
appearance in court, or other legal actions.
o Laboratory testing during construction.
A-5
,-."..."",.,--"...~.~. .
.c;.""""""-'-'
APPENDIX-B
COt'.PENSATION
A. COMPENSATION FOR SERVICES WITHIN ANTICIPATED SCOPE OF WORK
For the services within the scope of this Agreement, the Owner
shall pay the Engineer for services rendered based upon Direct
Labor Cost times a multiplier of 2,40. For Reimbursable
Expenses the Owner sha 11 pay the Engi neer the actual cost of
reimbursable expenses. Total payments due the Engineer fro'
the Owner, however, shall not exceed the amount stipulilted d,
the "Guaranteed Maximum Contract Sum" as specified in Article
II of the Agreement except as that SUIT, might be modified
according to the provisions of Article IV in the Agreement.
Direct labor cost, as used in this Appendix, means uctual
salaries and wages paid to the Engineer's personne" for the
hours spent directly enguged on the Project. Direct le.bor
cost does not include indirect payroll related costs or fringe
benefits, For purposes of this Agreemenl, the hourly rates or
direct labor cost of the various classes of employees to be
engeged on the Project shall be within the ranges indicated r
Attachment 1 to this Appendix B.
Reimbursable Expenses, as used in this fppendix, mean the
actual expenses incurred directly or indirectly in connection
with the Project. These include, but ure not limited to,
transportation and subsistence expenses related to the
Project; furnishing and maintaining field office facilitif's;
telephone and telegraph expense; printing, photography, al;d
reproducti on expenses; overtime wage expense beyond regu 1 ar
wage rates, if authorized in advance by the Owner; and special
consultant fees and/or laboratory testing expense,
B. COMPENSATION FOR SUPPLEMENTAL SERVICES
For services not within the original scope of this Agreement,
but which later become included within the scope according to
the provisions of Article IV of the Agreement, the Owner shall
pay the Engineer according to the provisions and I imitations
specified in A above.
C. FORMAT FOR APPLICATION FOR PAYMENT
Engineer's application for payment shall include a summary
page indicating:
B-1
.,,,,0'.....,,.;,,,,.,,
....--_....~...-.~.,-.."......"....,"'..,....'.,..,,_.. ,
1. Amount due.
2. Project Title and the following account number:
15-86-21-0320.
3. Direct labor costs incurred during billing period.
4. Reimbursable expense incurred during billing period,
5. A billing history specifying: i) the contract sum,
i1) total arr,Qunt billed to date, 1ii) percentage of
contract sum billed, iv) percent of Ivork completed
based upon actual work accompl i shed and not upon
percent of contract sum billed.
The Engineer shall attach to the summary page an' itemization
of the hours worked by the various personnel involved on tile
Proj ect and an i temi za t i on of direct expense incurred on the
Project.
B-2
APPENDIX - B
ATTACHMENT - 1
(page - 1)
PARIS, TEXAS
WASTEWATER TREATHENT PLAXT ALTERSATI\'ES
FEE ESTHlATE
1. PREBID
Direct Salary Cost
Project ~lanager 15 Han-days (j $169 $ 2,535
Process Engineer 5 ~lan-days @ 192 960
Proj ect Engineer 43 Han-days ~ 140 6,020
Civil Engineer 102 Han-days @ 130 13,260
Electrical Engineer 30 Han-days @ 140 = 4,200
Drafter U5 Han-days @ 87 10,005
Quality Control 10 Han-days @ 175 1,750
Office Support 20 ~13n-days ~ 70 1,400
~
Total Direct Salary
$40,130
EXPENSES
Site Visit
Round Trip, Auto 200 miles at $.25/mile
x 2 trips $ 100
Per Diem, 4 man-days x $10/day 40
Telephone, mail 250
Reproduction 1,000
Owner's Protective Liability
Insurance Premium 1,000
$ 2,390
2. CONSTRUCTION PHASE
Direct Salary Cost
PH 10 Han-days " $169 S 1,690
,
PE 30 l1an-days @ 1.'.0 = 4,200
CE 15 Man-days @ 130 1,950
EE 5 ~lan-days @ 140 700
OS 5 Han-days @ 70 350
$ 8,890
B-3
Revised 6/28/85
"'-"':""".~'''''>l>.';''''''~''",'1~''''''',._;",''~''.'''< "".,-._,.,
Bl..ACK a VEATCH
APPENDIX - B
ATTACHMENT - 1
(page - 2)
EXPE:;SE3
Pro,ress Meetinss (10)
Round Trip, Auto 10 x 200 x ,25
Per Diem 10 x 10
Telephone, 4 calls/~onth ,: 10 x 5
Mail Services
Reproduction
$ 500
100
= 200
= 100
500
5 1,300
3, PROJECT TOTAL
FEE
Salary = 2,4 (40,130+S890)
Expenses = 2390+1300+1000
5117,648
3,690
$121,338,
*
Note:
This fee
up to the
project,
fication:
estimate is based on anticipated direct labor costs. Compensation,
GHCS, will be based on actual salaries of personnel assigned to the
Actual salaries will be within the following range for each classi-
S/Day
Project Manager 150 - 180
Process Engineer 170 - 210
Project Engineer 130 - 160
Design Engineer 110 - 140
Drafter 80 - 100
Secretary/Clerical 65 - 80
Quali ty Control 150 - 190
B-4
Revised 6/28/85
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