1984-081-RES WHEREAS, the City of Paris, has need for professional services and Shimek, Jacobs & Finklea, 820 Dallas
RESOLUTION NO. 84-081
WHEREAS, the City of Paris, has need for professional
services and Shimek, Jacobs & Finklea, 820 Dallas Federal
Tower, 8333 Douglas Avenue, Dallas, Texas 75225, has made a
proposal for engineering design of improvements to and
expansion of City of Paris water system consisting of five
(5) phases as follows: sludge lagoons, Lake Crook blending
system, Pat Mayse Water Treatment Plant, treated water
pipeline, and treatment plant clear well; 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 Shimek, Jacobs & Finklea for
professional engineering design 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, Joe Graham, 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 12th day of November, 1984.
9.~~
ATTEST:
~ ~A''''
. . Greene, C1ty
-
Clerk
~o~'
// _/~
'-t.... aynes, i:y :~orney
PROFESSIONAL SERVICES
AGREEMENT
THIS AGREEMENT made as of the 12th day of November ,1984,
between Shimek, Jacobs & Finklea, Consulting Engineers ,
with its principal offices at 8333 Douglas Avenue, Suite 820, Dallas,
Texas ,hereinafter sometimes called "Engineer", and the City of
Paris, Paris, Texas, a municipal corporation, with offices at 135 1st
Street S.L, Paris, Texas 75460, hereinafter sometimes called "Owner".
WITNESSETH: For the promises and considerations, and upon the terms
and conditions hereinafter set forth, the parties hereto agree as follows:
ART! CLE I - Proj ect
Owner hereby engages Engineer to perform professional services as
described under this ARTICLE which relates to the project for 1985 Water
Treatment Improvements - City of Paris, Project No. 802, hereinafter for
convenience referred to as "Project".
The professional services to be performed by Engineer are those
services required to accomplish the "Scope of Work" in Appendix "A" hereto
and such other services as may be required by Owner pursuant to ARTICLE IV,
Changes, of this Agreement.
ARTICLE II - Contract Sum
Owner shall reimburse Engineer for the performance of the services
required by the Contract, in accordance with Appendix "B" - Subsection B.l
Cost Definitions and Multiplier.
Notwithstanding any other understandings or agreements between the
parties, unless specifically noted herein, the maximum payment by Owner to
Engineer for the performance of the Contract shall not exceed Two Hundred
Ei ht -Nine Thousand Two Hundred Sevent -One Dollars and Ninet -Ei ht Cents
289,271.98 which amount is herelnafter defined as "Guaranteed Maximum
Contract Sum", "Contract Sum", or "GMCS". Such amount includes all applic-
able sales and/or use taxes.
On or about the tenth of the month, Engineer will submit to the Owner's
Representative an application for payment, in triplicate, in such format and
detail as specified in Appendix "B" and substantiated as Owner may require.
The application for payment shall generally include all costs incurred by
Engineer on work completed as of the first day of the calendar month.
- 1 -
Applications for payment shall be mailed to:
Address: Mr. David Doty
City Manager
Post Office Box 1037
Paris, Texas 75460
Owner shall make payment on the above monthly applications within twenty
(20) days of receipt; A final such application, in triplicate, for the entire
unpaid balance of the Contract is to be submitted upon completion of the Con-
tract. This application shall be paid by Owner within thirty (30) days after
receipt of same, provided, however, that Engineer shall have complied with the
provisions of ARTICLE XVIII of this Agreement.
Engineer shall maintain fu11 and complete records to substantiate appli-
cation 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 the ARTICLE, all services shall be considered complete
upon delivery of Plans and Specifications to the Owner, and any work specifi-
cally requested in Appendix A, Scope of Work, by Engineer, and acceptance,
thereof, by Owaer.
ARTICLE III - Time of Performance
Engineer's work shall have commenced immediately upon the execution 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.
ARTICLE IV - Changes
Owner designates John Buss , or his successor, as its representative
in connection with this Contract. Owner, without invalidating the Contract,
by 'written notices, may order changes in the Scope of Work whi ch may result
in an addition to or deduction from the Guaranteed Maximum Contract Sum. Such
written notice to Engineer shall bear the signatures of Owner's representative
and of the City Manager, if they are not the same person. Such written notice
may be revoked or changed only by written notice to Engineer by Owner's repre-
sentative. 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 Larry J. Freeman ,or his successor, as its repre-
sentative in connection with thi s Contract. Engi neer' s representati ve 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 price
addition or deduction. The Engineer's opinion of cost shall incorporate all
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proVlslons, if any, in Appendix B which relate to compensation for supple-
mental or additional services, or the deletion of services from the agreed
scope of work. Owner's and Engineer's mutual agreement is required to
increase the Guaranteed Maximum Contract Sum and Owner's written notice to
proceed must be sent to Engineer before any changes that affect the Guaran-
teed Maximum Contract Sum shall be made. The Guaranteed Maximum Contract
Sum is to be adjusted by a Contract Revision, issued and signed by both
parties. All changes shall become part of this Agreement and shall be
executed under the provisions 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 Revision,
provided such modifications do not result in an addition to or deduction
from the Guaranteed Maximum Contract Sum.
ARTICLE V - Ownership of Engineering Documents
The "Engineering Documents" incl ude all documents required or reasonably
implied by the Scope of Work, including but not limited to plans, reports, and
project specifications.
All Engineering Documents furnished to Engineer by Owner, in furtherance
of this Contract, are the property of Owner and are not to be used on other
work by Engineer and shall be returned to Owner at the conclusion or termina-
tion of the Contract.
All Engineering Documents prepared and/or furnished by Engineer in the
performance of this Contract are the property of Owner and are not to be used
on other work by Engineer. Engineer shall deliver such Engineering Documents
to Owner at the conclusion or termination of the Contract and they shall be
retained by Owner.
The Engineer may retain copies and/or reproducible mylars 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 party hereto.
ARTICLE VII - Applicable Laws and Venue
The construction and interpretation of this Agreement shall be under and
in accordance with the Laws of the State of Texas. Venue for any matter arising
out of this agreement is hereby established and agreed to be in Lamar County,
Texas.
- 3 -
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 respective rights or interests
hereunder without the written consent of the other except, however, that all
accounts and monies earned and accrued to Engineer hereunder may be assigned
by Engineer.
ARTICLE IX - Subcontracts
Engineer shall not subcontract any part of its service hereunder without
the prior written consent of Owner. The contract price 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. Such approval
may be contingent upon provisions for adequate security for any such prepayments.
Engineer agrees to bind each subcontractor to the terms of the Contract Documents
insofar as they are applicable 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 Docu"-ents.
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 to the individual or to an officer of the corporation for whom
it is intended, or (2) by depositing same, registered mail, postage prepaid,
in the United States mail, addressed to the respective parties, as indicated
below:
OWNER
ENGINEER
David Doty
City Manager
post Office Box 1037
Paris, Texas 75460
Larry J. Freeman, P.E.
Shimek, Jacobs & Finklea
8333 Douglas Ave., Suite 820
Dallas, Texas 75225
ARTICLE XI - Termination of Agreement by Owner
Owner may at any time and for any reason terminate this Agreement by
giving fifteen (15) days' written notice the:eof to Engineer. Upon receipt
of such termination notice, Engineer shall stop all work and deliver to Owner
as promptly as practicable, copies of all completed or partially completed
- 4 -
work and information which Engineer would have been required to deliver to
Owner had such termination not occurred. Additional terms are listed in
Appendix B.
ARTICLE XII - Termination of Agreement by Engineer
Engineer may, at any time, terminate this Agreement by giving fifteen
(15) days' written notice thereof to Owner for failure of Owner to perform
in accordance with the provisions of the Contract Documents or for failure
of Owner to provide with reasonable promptness such information, decisions,
fee payments or approvals as may be necessary to prevent serious disruptions
or prolonged delays in the work being performed. Additional terms are listed
in Appendix B.
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 parties hereto acknowledge the fol-
lowing 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. Specifically, but
without limitation, Engineer covenants with Owner to furnish his best skill,
- care and judgment and at least the prevailing standard of skill, care and
judgment expected of any professional eng-ineer under circumstances similar to
those to be encountered on this Project, and to cooperate with Owner in for-
warding 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 revisions for the Engineering Documents.
Engineer 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 whole
released by Engineer as approved for construction pursuant to the Scope of
Work for this Project.
ARTICLE XIV - Indemnity
A. Definitions
For purposes of this article:
1. "The Owner" means and includes Owner, The City of Paris, Paris, Texas,
and all of its employees, agents, and representatives;
2. "The Engi neer" means and i nc1 udes Engi neer, all of its corporate
affiliates and its subcontractors and their respective servants, agents
and employees; and
- 5 -
3. "Loss" means any and a 11 loss, damage, 1 i abil ity, or expense, whether
incurred as a judgment, settlement, penalty, fine or otherwise (in-
cluding attorney's fees and the cost of defense), in 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 in-
cluding the parties hereto arising or resulting out of the performance
of services required pursuant to this Agreement.
B. Professional Liability Indemnity
Engineer hereby agrees to indemnify and hold The Owner harmless from
any and all Loss caused or incurred as a result of the error, omission or
negligent act of The Engineer in performance of the professional engin-
eering services required pursuant to this Agreement, including such Loss
as may be imposed upon Owner as a matter of Law by reason of any such error,
omission, or negligent act of The Engineer.
C. General Indemnity
Engineer hereby agrees to indemnify and hold The Owner harmless from
any and all Loss where Loss is caused or incurred in whole or in part as
a result of the negligence or other actionable fault of The Engineer.
It is agreed as a specific element of this contract that this indemnity
shall apply notwithstanding the joint, concurring or contributory fault or
negligence of The Owner and, further, notwithstanding any theory of law
including, but not limited to, a characterization of The Owner's joint,
concurring or contributory fault or negligence as either passive or active
in nature.
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 for Loss where as between The Owner and The Engineer,
The Owner's negligence or other actionable fault is the sole cause of Loss.
ARTICLE XV - Casualty Insurance
A. Engineer hereby agrees to maintain insurance underwritten by solvent insurance
companies, which are acceptable to Owner, providing coverage for the following:
1. The legal liability of Engineer under the Workers' Compensation Act
for the State of Texas, and under any other Employee Benefit
Statute or similar law, to pay claims for bodily injuries, in-
cluding death and disease sustained by employees. Employers'
- 6 -
Liability coverage shall be included with a limit of liability of not
less than $1,000,000. A Waiver of Subrogation in favor of Owner 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 arising out of Engineer's work performed under this Con-
tract, 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 contractual liability assumed by Engineer under ARTICLE XIV of
this Contract. Said insurance to be written with limits of not less
than those specified in sub-paragraph 1 and 2 above.
4. The legal liability for damages arising out of the performance of pro-
fessional services caused by an error, omission or negligent act of
Engineer, any person employed by or contracted 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 $2,000,000 with a deductible '
clause not to exceed $10,000.
Engineer agrees to maintain the professional liability coverage for
the duration of this Contract and for a period of not less than two
years following the date of either (i) final payment, or (il) the
delivery of the last. of the lien waivers to be provided pursuant to
ARTICLE XVIII of this Contract, whichever shall last occur.
B. Owner shall be included as an additional insured, with a cross liability
clause, under the insurance policies required of Engineer under subparagraph
A (2) above. All insurance provided by Engineer shall be primary and any
insurance maintained by Owner shall be excess and not contributing with
Engineer's insurance. Engineer will arrange with its insurance company to
endorse its insurance policies accordingly.
C. All policies shall be written so that Owner will be notified of cancellation
or of any restrictive amendment of. the policies at least thirty (30) days
prior to the effective date of such cancellation or amendment. Notice shall
be by certified mail/return receipt requested, addressed to Owner at the
address stipulated in Article X.
O. Certificates of Insurance or evidence of subscription to any State Fund shall
be filed in duplicate with Owner immediately upon execution of the Agreement.
Such certificaHon shall indicate compliance with subparagraphs 1 through 4
of Paragraph A above. The certificate must specifically refer to the Waiver
of Subrogation and All States Endorsement required under A (1) above; in-
clusion of Owner as an additional insured under A (2) above; and liability
assumed under ARTICLE XIV.
E. Engineer shall not violate, or permit to be violated, any conditions of any
of said policies, and shall at all times satisfy the requirements of the
insurance companies writing said policies.
- 7 -
ARTICLE XVI - Patents
Engineer agrees to defend any claim, action or suit that may be brought
aga ins t Owner, or its offi cers, agents or employees for i nfri ngement by
Engineer of any Letters Patent of the United States arising out of the
performance of this Contract, and also to indemnify and hold harmless Owner
and its officers, agents and employees against all judgments, decrees,
damages, costs and expenses recovered against it or them, or sustained by it
on account of any such actual or alleged infringement.
The foregoing provisions shall not apply to process or equipment desig-
nated by Owner.
ARTICLE XVII - Registration Requirements
With reference to any architectura 1 or engi neeri ng servi ces called for
by this Contract, which, under the laws of the State of Texas, are required
to be performed by, under the i nstructi ons, control or supervi s ion of an
architect or engineer registered under the laws of such State, Engineer shall
be bound to see that such services are so performed.
ARTICLE XVIII - Liens
A. Neither the final payment nor any part of the retainage shall become due
until Engineer shall properly deliver to Owner all AFFIDAVIT AND WAIVER
OF LIEN-SUBCONTRACTOR Forms (Form #1) properly executed by all Subcon-
tractors of any tier and, if requested by Owner, major Materialmen who
have done Work on thi s Project, and AFFIDAVIT AND WAIVER OF
LIEN-ENGINEER (Form #2) properly executed by Engineer. Attached hereto
and incorporated herei n by thi s reference are Owner's forms (Forms #1
and Form #2) mentioned above.
B. Owner may apply any and all portions of the final payment and/or
retainage to partially or totally satisfy any or all liens which have
been filed by Subcontractors or Materialmen against Owner's property for
Work done on this Project, and which have been upheld by the final
judgment of a court of competent jurisdiction. The Contract Sum shall
be reduced by an amount equal to Owner's payment by reason of the lien
cl aim and where Engi neer' s appl i cations for payment incl ude reimburse-
ment for the Subcontractor's or Materialmen's claims so satisfied by
Owner's di rect payment, then all sums in Engi neer' s app 1 i cati on for
payment in connection with such claim shall be removed.
C. Engineer further indemnifies and holds Owner harmless against any and
all 1 i ens, c 1 a ims and suits, i nc 1 udi ng a 11 damages, expenses, costs and
attorney's fees associated therewith, which arise out of work on this
Project by Engineer and Subcontractors of Engineer.
- 8 -
ARTICLE XIX - Contract Documents
The following 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 herein and are herein for convenience referred to as the
"Contract Documents":
A. This Agreement.
a. Appendix A - Scope of Work dated, November 9, 1984.
C. Appendix B - Compensation Provisions dated, November 9, 1984.
D. Appendix C - Schedule of Work dated, November 9, 1984.
ARTICLE XX - No Waiver by Owner
The failure of Owner in anyone or more instances to insist upon strict
performance of any of the terms of the Contract Documents or to exercise any
option herein conferred, shall not be construed as a waiver or relinquishment
to any extent of the right to assert or rely upon any such terms or options on
any future occasion.
ARTICLE XX! - Extent of Within Agreement
The within agreement constitutes the whole of the Agreement between the
parties hereto and neither party thereof has been induced to make or enter
into the within agreement by reason of any promise, agreement, representation,
statement, or warranty other than as contained herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the
day and year first above written.
OWNER
CITY OF PARIS
~ ~/
J ~m, Mayor
ATTEST:
~g'AJJJLL-
H. C. reE!Ae, City Cl erk
- 9 -
APPROVED AS TO FORM:
~';;'.~
'---T. K. . ay s, ity Attorney
- 10 -
ENGINEER, ~~~
.....-
FIRM: Shlmek, Jacobs & Finklea
INDIVIDUAL: Larry J. Freeman, P.E.
TITLE: Partner
STATE OF
)
SS AFFIDAVIT AND WAIVER OF LIEN
SUBCONTRACTOR
OWNER'S PROJECT NO.
COUNTY OF
)
of
being first duly sworn, states as follows:
1) I am the (title and/or position) of
(hereinafter referred to as
("COMPANY") and am familiar with the facts herein stated.
2) COMPANY has performed for
(hereinafter referred to as "ENGINEER"), certain labor, and/or furnished
certain supplies, materials, equipment and/or other facilities for use in the
construction of certain buildings and improvements on certain land owned by
(hereinafter referred to as
"OWNER"), at
3) COMPANY has paid in full for all such labor, supplies, materials,
equi pment and other facil iti es furni shed by it, or by others for it, in
connection with the Project, arid full payment has been made by all such
others for all 1 abor, supp 1 i es, materi a 1 s, equi pment and other fad 1 i ti es
furnished by them.
4) COMPANY has no lien or claim rights on account of any labor,
supplies, materials, equipment or other facilities furnished by it, or by
others for it, in connection with the Project.
5) COMPANY hereby waives all liens and claims against OWNER, its
premises, assets and property, and all claims against ENGINEER.
6) COMPANY will hold OWNER and ENGINEER harmless against any and all
liens, and claims and suits on liens, including all expenses, costs and
attorney fees associ ated therewith, arising out of any labor, suppl ies,
materi a 1 s, equi pment or other facil i ti es furni shed by it, or by others for
it, in connection with the Project.
Further affiant saith not.
Subcontractor
Attest:
Secretary
By
- 11 -
SWORN TO before me and subscribed in my presence this
. 19
My commission expires:
day of
Notary
- 12 -
STATE OF
)
)
SS AFFIDAVIT AND WAIVER OF LIEN
SUBCONTRACTOR
OWNER'S PROJECT NO.
COUNTY OF
of
being first duly sworn, states as follows:
1) I am the
(title and/or position) of
(hereinafter referred to as
herein stated.
("ENGINEER") and am familiar with the facts
2)
ENGINEER has entered into an Agreement, dated
,
with (hereinafter
referred to as "OWNER"), to perform, or be responsible for performing certain
labor, and/or furnishing certain supplies, materials, equipment and/or other
facilities described in the Agreement designated above.
3) ENGINEER has paid in full for all such labor, supplies, materials,
equi pment and other fac;il i ti es furni shed by it, or by others for it, in
connection with the Project, and full payment has been made by all such
others for all labor, supplies, materials, equipment and other facilities
furnished by them.
4) ENGINEER has no 1 i en or cl a im ri ghts on account of any 1 abor,
supplies, materials, equipment or other facilities furnished by it, or by
others for it, in connection with the Project.
5) ENGINEER hereby waives all liens and claims against OWNER, its
premises, assets and property.
6) ENGINEER will hold OWNER harmless against any and all
liens, and claims and suits on liens, including all expenses, costs and
attorney fees associated therewith, arising out of any labor, supplies,
materials, equipment or other facilities furnished by it, or by others for
it, in connection with the Project.
Further affiant saith not.
SWORN TO before me and subscribed in my presence this
, 19
day of
Notary
My commission expires:
- 13 -
APPENDIX "A"
CITY OF PARIS, TEXAS
1985 WATER TREATMENT IMPROVEMENTS
PROJECT NO. 802
SCOPE OF SERVICE
November 9, 1984
The services performed by the Engineer shall be divided into two
phases, as follows:
Phase 1
Preparation of detailed plans and specifications.
Phase 2 - General administration of construction.
PHASE 1 - Preparation of detailed plans and specifications - shall include:
(a) Surveys, design and layout of additions which are to be
constructed;
(b) Establishing the scope of any soil and foundation
investigations that may be required and make the necessary
arrangements;
(c) Furnishing the engineering data necessary for applications for
routine permits by local, state and federal authorities (as
distinguished from detailed applications and supporting documents
for government grants or for planning advances);
(d) Preparation of preliminary design and Design Memo for the
additions;
(e) Preparation of detailed plans, specifications and contract
documents for the additions to the water system, including enlarging
the Pat Mayse water treatment plant, increasing the sludge holding
lagoon capacity, adding a Lake Crook raw water blending system,
- 1 -
adding an above ground clear well and providing for additional
capacity to deliver treated water by pipeline to the system;
(f) Preparation of each project quantities and cost estimates;
(g) Furnishing information necessary to utility companies whose
facilities may be affected by the projects;
(h) Submit plans, specifications and contract documents to the
applicable state agencies for approval, attend meeting with agencies
and make necessary modifications to the plans and specifications to
assist in obtaining approval, where necessary;
PHASE 2 - General administration of construction - shall include:
(a) Assistance in the advertisement for bids and provide plans and
specifications for contractors and suppliers;
(b) Assistance in the opening, tabulating and analyzing of the bids
received and recommendations as to the appropriate action to be
taken;
(c) Assistance in the preparation of formal contract documents;
(d) Review of construction schedules prepared by the contractors
and preparing estimates for cash requirements on a monthly basis
where requested;
(e) Making periodic visits to the sites (as distinguished from the
continuous services of a resident Project Representative) to observe
the executed work and to determine in general if the work is
proceeding in accordance with the contract documents. In carrying
out this function, it is understood that the Engineer does not
guarantee the contractor's performance, nor is he responsible for
supervision of the contractor's operation and employees;
- 2 -
(f) Consulting and advising with the City and preparing routine
change orders as required;
(g) Reviewing shop and working drawings furnished by contractors
for compliance with design concept and with information given in
contract documents (Contractor is responsible for dimensions to be
confirmed and correlated at job site);
(h) Interpreting intent of plans and specifications;
(i) Preparation of monthly and final estimates for payment to
contractors;
(j) Performing, in company with a representative of the City, a
final inspection of the project;
(k) Revision of construction drawings, with the assistance of the
resident Project Representative, to reflect any revisions included
in construction records and provide three (3) bound sets of plans
and specifications and one (1) set of mylar reproducibles of the
plans showing these revisions.
- 3 -
APPENDIX B
Compensation Provisions
November 9, 1984
B.l Cost Definitions and Multipliers
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 2.75. For Reimbursable Expenses the Owner shall pay the
Engineer the actual cost of reimbursable expenses times the multiplier
of 1.10. Total payments due the Engineer from the Owner, however, shall
not exceed the amount stipulated as the "Guaranteed Maximum Contract Sum"
as specified in Article II of the Agreement except as that sum might be
modified according to the provisions of Article IV in the Agreement.
Direct labor cost, as used in this Appendix, means salaries and wages
paid to the Engineer's personnel, for the hours spent directly engaged
on the Project. Direst labor cost does not include indirect payroll
related costs or fringe benefits. For purposes of this Agreement, the
hourly rates or direct labor cost of the various classes of employees to
be engaged on the Project shall be as indicated on Attachment I to this
Appendix B.
Reimbursable Expenses, as used in this Appendix, mean the actual expenses
incurred directly or indirectly in connection with the Project. These
include, but are not limited to, transportation and subsistence expenses
related to the Project; furnishing and maintaining field office facilities;
telephone and telegraph expense; printing, photography, and reproduction
expenses; overtime wage expense beyond regular wage rates, if authorized
in advance by the Owner; and special consultant fees and/or laboratory
testing expense.
B.2 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 limitations specified in B.l above.
B.3 Compensation As Affected by Termination of Agreement
Should the Owner terminate the Agreement, the Owner shall pay to the
Engineer, after all liens are satisfied and the Engineer has filed the
affidavits and waivers required under Article XIII, all fees for direct
labor costs and reimbursable expenses incurred or unalterably obligated
prior to the date of receipt by the Engineer of the Owner's notice of
termination. Additionally, the Owner shall pay reasonable termination
expenses to the Engineer in compensation of the Engineer's documented
administrative expense incurred in terminating this Agreement. It is
specifically agreed that there shall be no claim or payment for antici-
pa ted profit.
Should the Engineer terminate the Agreement, the Engineer shall pay to the
Owner reasonable termination expenses required to employ a new Engineer for
this project. The Owner shall not be responsible for paying termination
expenses to the Engineer incurred in administering the termination of the
Agreement.
B.4 Format For Application For Payment
Engineer's application for payment shall include a summary page indicating:
1. Direct labor costs incurred during billing period.
2. Reimbursable expense incurred during billing period.
3. A billing history specifying: i) the contract sum,
ii) total amount billed to date, iii) percentage of
contract sum billed, iv) percent of work completed
based upon actual work accomplished and not upon
percent of contract sum billed.
The Engineer shall attach to the summary page itemization of the hours worked
by the various personnel involved on the Project and an itemization of direct
expense incurred on the Project.
CITY OF PARIS, TEXAS
1985 WATER TREATMENT IMPROVEMENTS
PROJECT NO. 802
APPENDIX "B", ATTACHMENT I
ESTIMATED DIRECT SALARY COSTS
Survey Crew
. .. .. .. .. .. . .. ..
Estimated Salary
$15.60 - $22.50
II. 50 - 13.50
5.19 - 15.38
9.99
19.00
20.74
22.00 - 28.00
Project Engineer .
Graduate Engineer
Draftsman/Technician
Secretary
Structural Engineer
Electrical/Mechanical Engineer
These figures listed above are based on November, 1984 and will change over
the duration of the project.
APPENDIX "B" - ATTACHMENT NO. 2
CITY OF PARIS, TEXAS
1985 WATER TREATMENT IMPROVEMENTS
PROJECT NO. 802
SUMMARY OF ESTIMATED ENGINEERING COST
November 9, 1984
SLUDGE LAGOONS................................................... $ 15,513.42
LAKE CROOK BLENDING SYSTEM ....................................... 17 ,140.86
PAT MAYSE WATER TREATMENT PLANT .................................. 164,199.09
TREATED WATER PIPELINE........................................... 75,395.89
TREATMENT PLANT CLEAR WELL....................................... 17,022.72
$289,271.98
APPENDIX C
CITY OF PARIS, TEXAS
1985 WATER TREATMENT IMPROVEMENTS
Project No. 802
PROJECT SCHEDULE
November 9, 1984
1.
Engineering Contract Award
........................
Scheduled Completion Date
November 12, 1984
Activity
Advert i se for Bids ................................
Cl ear Well
January 17, 1985
January 31, 1985
April 29, 1985
April 29, 1985
June 17, 1985
June 17, 1985
II. Treatment Plant, Sludqe Laqoons, Blending System and
Complete Prel iminary Design .......................
Prepare Design Memo ...............................
Prepare Plans & Specifications ....................
Submit Plans & Specs to State Agencies for Review..
Receive State Approval ............................
Receive Bids ...................................... July 19,1985
Award Contract .................................... August 12,1985
Issue Work Order .................................. August 26,1985
Begin Construction ................................ September 5,1985
Complete Construction............................. September 5, 1986
III. Treated Water Pipeline
Complete Preliminary Design
.......................
January 10, 1985
Prepare Design Memo............................... January 21, 1985
Prepare Plans & Specifications .................... April 17,1985
Submit Plans & Specs to State Agencies for Review.. April 17, 1985
Receive State Approval............................ May 31,1985
Advertise for Bids.......................... ...... May 31, 1985
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Activity Scheduled Completion Date
Recei ve Bids ..................................... June 26, 1985
Analyze Bids & Recommend Award ................... July 2, 1985
Award Contract................................... July 8, 1985
I ssue Work Order ................................. July 24, 1985
Begin Construction ............................... August 1, 1985
Complete Construction ............................ April 30, 1986
"
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