83-021 RES CITY COUNCIL IN KEEPING WITH ITS COMMITMENT TO MAKE EVERY EFFORT AVAILABLE TO COMPLY WITH TX DEPT OF HEALTH'S REQUIREMENTSRESOLUTION N0. 83-021
WHEREAS, the City Council of the City of Paris in
keeping with its commitment to make every effort available
to comply with the Texas DepartMent of Health's requirements
enumerated in its letter of February 11, 1983, has, inter-
viewed consulting engineering firms, after having solicited
proposals, for the purpose of developing the engineering
necessary to acquire a Solid Waste Type 5 Permit and to
construct and place into operation a transfer station in
compliance with the State of Texas Health Department criteria;
and,
WHEREAS, the City Council is of the opinion that the
best interest of the citizens of Paris will be served by
employing Hunter Associates, Inc. 5630 Yale Boulevard,
Dallas, Texas, 75206-5081 to provide such engineering
services in accordance with the Professional Service Con-
tract attached hereto as Exhibit A; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, that Joe Graham, Mayor, be, and he is hereby author-
ized and directed to execute on behalf of the City of Paris,
the Professional Services Contract with Hunter Associates,
Inc. in the form of Exhibit A attached hereto.
Passed and adopted this 9th day of May, 1983.
J e Gra am, Mayor
ATTEST:
~
H. . G eene, City C er
APPROVED AS T0 ORM:
~
. K. ay es, ity ttorney
EXHIBIT "A"
PROFESSIONAL SERVICE CONTRACT
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COU11TY OF LANIAF. §
That the CITY OF PARZS, Paris, Texas, a municipal
corporation, acting by and through its Mayor, Joe Graham,
hereinafter referred to as CITY and HUNTER ASSOCIATES, INC.,
5630 Yale Boulevard, Dallas, Texas, 75206-5081, hereinafter
referred to as ENGINEER do contract and agree as follows:
l. The CITY wishes tn procure and the ENGINEER
desires to provide professional services for the purpose of
acquiring a So1id Waste Type 5 Permit and to construct a
transfer station in compliance with State of Texas Health
Department criteria for iihich CITY agrees to pay as herein-
after stated.
2. The professional services to be provided by
ENGINEER are as follows:
A. Preliminary Design-Permit Phase.
(1) Attend conferences with CITY and other
parties interested in the project.
(2) Investigate alternative solid waste transfer
system designs. Identify alternatives
including cost estir_iates and make recommenda-
tions to CITY as to the alternative most
likely to satisfy CITY's needs.
(3) Based on preliminary investigations identify
a primary site for the project.
(4) Obtain all necessary investigations, surveys
and tests including, but not liriited to soil
and foundation investigations, which, in
accordance with good engineering practices,
are requireci for proper design of the project.
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(5) Prepare basic design and schematic layout for
the facility.
(6) Furnish CITY with the required number of
copies of the preliminary data which shall
include preliMinary layouts, cost estimates
and ENGINEER's recommendation.
(7) Submit an application to the State Health
Department for a Type 5 Operation along with
all technical, information and engineering
reports.
(8) Attend public hearings conducted by the State
to present evidence and represent CITY in the
perMitting process.
B. L'esign-Permit Phase
(1) Prepare detailed plans, specifications and
contract drawings for the construction
authorized b}T CITY.
(2) Prepare detailed cost estimates and proposals
for authorized construction. EPIGINEER is not
required to guarantee the accuracy of cost
estimates.
(3) Furnish CITY five (5) copies of approved
plans, specifications, notice to bidders,
proposals and other documents that may be
necessary for CITY to take bids on the
project.
(4) Assist CITY in advertisements of the project
for bids.
(5) Assist CITY in the opening and tabulation of
bids for construction of the project. Make
recommendations to CITY based on engineering
considerations as te proper action to be
taken.
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C. Construction - Completion Phase
(1)
Assist CITY in the preparation of formal
documents for contracts.
(2)
Consult and advise CITY. Issue all in-
structions to the contractor requested by
CITY and prepare routine change orders as
required.
(3)
Check and approve samples, catalog date,
schedules, shop drawings, laboratory, shop
and Mill tests ot material ar.d equipment and
other date which the Contractor is required
to submit, only for conformance with the
design concept of the project and compliance
with the information given by the Contract
Documents.
(4)
Nlake periodic visits to the site (as distin-
guished from the continuous services of a
Resident Project Representative) 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.
(5)
Prepare or verify monthly and final estimates
for payments to contractors and furnish to
CITY any necessary certifications as to
payment to sub-contractors and suppliers.
(6)
Conduct, in company with CITY, a final
inspection of the project for conformance
with the design concept of the project and
compliance with the Contract Documents, and
recomriend in writing final payment to the
contractors.
(7) Review contract drawings, with the assistance
of the Resident Project Representative, to
show the caork as actual7_y constructed.
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Furnish a set of reproducible prints of these
revised drawings to the CITY.
(8) Develop and provide CITY with a
warrant/maintenance/operations manual in
sufficient detail to satisfy CITY's needs.
3. EtvGINEER will endeavor to guard CITY against
defects and deficiencies in the work of Contractors; but
does not guarantee the performance of their contracts.
Er1GINEER will furnish general supervision of the con-
struction by periodic visits to the site by the project
engineer or his representative from the office ot ENGINEER.
4. Original documents, surveys, notes and tracings as
instrument of service are the property of the CITY, whether
the work for which they are made by executed or not. The
ENGINEER will deliver to the CITY five (5) sets of plans
and specifications and contract documents for construction.
5. CITY agrees to pay for professional services as
follows:
A. Direct Salary Costs. CITY will pay the direct
cost of work actually performed on the project
according to the rate schedule attached as Exhibit
A and subject to liMits established in Section F
of this paragraph. Direct salaries as used herein
is defined as the actual costs of salaries adjusted
for sick leave, vacation, and holiday pay plus
unemployment taxes, social security, workman's
compensation, retirement and medical disability
and life insurance benefits.
B. Reimbursable Expense. CITY will reimburse
ENGINEER for the actual purchase of goods and
services which, in the opinion of the ENGINEER,
are necessary to satisfactorily complete the
project. Such reimburseMent sha11 include, but
not be limited to land surveys, soil and
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foundation investigations, laboratory testing,
boring, travel, meals and lodging. Goods and
services provided by EIIGINEER or by affiliated
enterprises will not be reimbursed. The amount of
C.
D.
reimbursable expenses will be subject to limits
established in Section F of this paragraph.
Overhead and Profit. After the satisfactory
completion of each phase established in paragraph
2, CITY shall pay ENGINEER profit and overhead as
in accordance with Section F of this paragraph.
Cost Record. Record of all costs and charges
associated iaith the project shall be maintained by
ENGINEER. Adequate detail hourly time records of
all employees who devote time to the work and
whose salaries are in total or in part charged
against the project will be separately Maintained.
These records together with paid receipts for all
other charges will be available for inspection by
CITY.
E. Payment. ENGINEER will submit monthly detailed
bills to CITY by the 15th of the month following
service rendered. CITY will pay such bills within
10 days.
F. Payment Limitations. Payment for direct salary
costs, reimbursable expense, overhead and profit
shall not exceed the following limits:
(1) Preliminary Design-Permit Stage:
Direct Salaries - $ 4,500.00
Expense Reimbursement - $ 11,000.00
Overhead/Profit - $ 3,500.00
(2) Design-Bid Phase:
Direct Salaries - $ 4,000.00
Expense Reimbursement - $ 2,500.00
Overhezd/Profit - $ 3,500.00
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(3) Construction Completion Phase:
Direct Salaries - $ 1,500.00
Expense Reimbursement - $ 4,500.00
Overhead/Profit - $ 5,000.00
6. CITY and ENGINEER each binds itself, its succes-
sors, and assigns to this agreement and to the covenants
herein contained. ENGINEER shall not assign, sublet, or
transfer its interest in the, contract without the written
consent of CITY.
7. Phase I shall be completed by Ju1y 15, 1983; Phase
II shall be completed within 60 days after receipt from CITY
of notice to proceed; and Phase III shall be completed
within 30 days after completion of construction. CITY shall
have the right at its option, to either temporarily suspend
or terminate this contract at any time before the date of
completion. CITY shall promptly notify ENGINEER in writing
the determination to suspend or terminate, and the effective
date of the action. Upon receipt of notice to terminate,
ENGINEER shall stop all work and not incur any additional
expense and shall promptly inform contractors or
sub-contractors contracted for by ENGINEER to stop all work
and to not incur any further expense and CITY will pay only
for work done and cost incurred on or before date of
termination.
8. ENGINEER will not discriminate against any
employee or applicant for employment because of race,
religion, color, sex, or national origin. ENGINEER will
take affirmative action to insure that applicants are
employed and that employees are treated during employment
with regard to their race, religion, color, sex or origin.
Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation;
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and selection for training, including apprenticeship.
ENGINEER agrees to post, in conspicuous places available to
employees and applicants for employment, notices setting
forth the requirements of these nondiscrimination
provisions.
9. CITY and EPIGINEER hereby agree to the full perfor-
mance of the covenants contained herein.
ENTERED INTO THIS 9th day of May, 1983.
CITY OF PARIS
Joe ra am, Mayor
AITEST:
H. C. Greene, City er
APPROVED AS TO FORNI:
T. K. aynes, ity ttorney
HUNTER ASSOCIATES, INC.
BY:
J. ravis o erts, Jr., P.E.
President
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EXHIBIT "A"
DIRECT LABOR COST
EMP. WORK DIRECT SALARY EMPLOYEE
N0. NAME LEVEL COST TITLE
Hunter Associates - Austin (Code 100)
111
Amaro, Claude Jr.
03
10.50
Draftr III
101
Boedeker, Paul S.
12
40.50
Engr VII
105
Castleberry, Stephen
03
10.50
Fd Sv Inst
125
Bansby, Margaret A.
03
10.50
Sec/Wrd.Pr
123
Estes, William G.
05
15.00
Eng Tec IV
120
Hungerford, Michell
03
10.50
Draftr III
122
Jones, Bret A
02
8.50
Fd Sv Chai
100
McKenzie, S.C.,Jr.
12
40.00
Eng Exec.
114
Prewett, David J.
10
27.50
Eng VII
106
Rodriquez, Mike
04
12.25
Fd Sv. Chf.
107
Scheler, Charles W.
08
22.00
Engr V
102
Vonderharr, David L.
04
12.25
Draftr IV
Hunter Associates - Dallas (Code 200)
237
Akins, Martha J.
03
10.50
Sec III
210
Allen, Richard E.
08
22.50
Inspt Chf.
221
Bronstad, Donna G.
06
18.00
Sec Supvr
227
Cargo, Douglas B.
10
27.50
Planner/Envir.
211
Cummings, Michael J.
11
30.00
Eng VIII
264
Davalos, Elizabeth
02
8.50
Sec
200
Howard, H.G. Jr.
l')
40.00
Eng Exec.
206
Hughes, Gene S.
05
15.00
Drafter V
261
Keeton, Grover
06
18.00
Planner/Park
205
Knudsen, Kenneth C.
08
22.00
Planner/Maps
244
Kuntz, Ted R. Jr.
06
18.00
Eng Ast IV
247
Lewis, John E.
08
22.00
Eng Tech VIII
260
McClain, Erin D.
02
8.50
Drafter
242
McGehee, Michael D.
05
15.00
Eng Tech V
252
riills, Robert G.
03
10.50
Drafter III
207
Pewitt, George G.
08
22.00
Eng Ast VI
201
Roberts, James T. Jr.
12
40.00
Eng Exec.
262
St.John, Richard K.
09
24.50
Engineer
209
Seeley, Johnnie A.
Oi
20.00
Eng Tech VII
250
Shumate, Randy
02
8.50
Drafter II
214
Snowden, Rolen D.
09
24.50
Eng IV
215
Starnes, Kenneth V.
05
15.00
Inspector
224
Taylor, Gary W.
11
30.00
Eng VIII
254
Tumulty, Timothy M.
08
22.00
Eng V
263
Wright, Henry C.
07
7.50
Eng Tech VII
EXHIBIT "B"
NOTICE QF APPOITdTMENT
Robert Bernstein, M.D.
Commissioner of Health
Texas Department of Health
1100 West 49th Street
Austin, Texas 78746
Dear Dr. Bernstein:
'1'his is to acivise you LIiaL the City Cc,uncil oF the City of
Paris, Paris, Texas, at its regular meeting on May 9, 1983, has
duly appointed Hunter Associates,,Inc., J. Travis Roberts, Jr.,
P.E. President as consulting and designing engineers for the
purpose of submitting engineering reports, planning material,
plans and specifications, and for supervision of construction of
the Solid Waste Facility. Mr. J. Travis Roberts, Jr., is a
registered professional engineer in good standing in accordance
with State statues and has had experience in the design and
construction of similar facilities at the following locations:
Carollton, Mesquite, Elgin, Kerrville, Cuero, Lancaster and
Sanger. We herewith authorize you to review and comment on such
reports, planning material, date, and plans and specifications on
this proposed project as he may submit to you.
Joe ra ar.i, Mayor
P. 0. Box 1037
Paris, Texas 75460
DATE:
nTTl:sT:
H. C. Greene, ity er