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08 - Agreement with Hayter Engineering as related to storm water pollution prevention at Cox FieldItem No. 8 TO: Mayor, Mayor Pro -Tern & City Council Grayson Path, City Manager FROM: Robert Vine, Deputy City Manager Paul Strahan, Airport Manager SUBJECT: STORMWATER POLLUTION PREVENTION AT COX FIELD DATE: January 8, 2024 BACKGROUND: Stormwater Pollution Prevention is a requirement mandated by TEC Q for airports. STATUS OF ISSUE: The City of Paris has contracted with Hayter Engineering for any years to provide services related to stormwater pollution prevention quarterly reporting, to perform sampling, and training for Cox Field. BUDGET: Hayter's fee for these services is an annual fee of $3,900.00 and is budgeted. Laboratory testing will be billed as an additional cost. RECOMMENDATION: Approve the Professional Services Agreement with Hayter Engineering. PROFESSIONAL SERVICES AGREEMENT Date: December 5. 2023 Client: Grayson Path, Citi Manager qf ans PO Box 9037 Paris. TX 75461 Telephone: 903-784-9234 Facsimile: 903-784-1798_... _—_m............ Project Name/Location: Paris Cox Field SW3P 2023-2024 Scope/Intent and Extent of Services: Prepare Stormwater Pollution Prevention Rc lortin, perform sampliand trainin for Cox Field, as r�uired�b TCE m Fee Arrangement: Hourly _ _ Hourly, Not To Exceed $ Cf Lump Sum: $3,900.00 Other Retainer Amount: Information To Be Provided By Client: Laboratoaf testing will be billed as an additional cost. Services are for the period 12/5/2023 9/30/2024. Special Terms, Deadlines, Comments, Etc.: Offered By: HAYTER ENGINEERING, INC. ENGINE .. _.... ........... _ ER Signature Date Michael N. Tibbets, P.E./President Printed Name/Title Accepted By: CITY OF PARIS CLIENT Signature Date Grayson Path, City Manager n Printed Name/Title The Terms and Conditions on the following page of this form are apart of this Agreement Practical Infrastructure', 4445 SE Loop 286 1 Paris, TX 75460 1 haytereng.com ,; Terms and Conditions I . Inform,atron S.!4MIie04y, Otbers: The ENGINEER shall be entitled to rely upon and use all such information and services provided by CLIENT or others designated by CLIENT in performing the ENGINEER'S services under this Agreement, without further verification by the ENGINEER. CLIENT shall ensure access for the ENGINEER to properties as necessary for performance of the ENGINEER'S work; provide legal counsel, accountants, insurance consultants, financial advisors or other similar specialists as required for the project; and provide all criteria and full information as to CLIENT'S requirements for the project. 2. Terminatip_n: This Agreement maybe terminated by either party upon ten (10) days written notice. 3. Payment: ENGINEER may bill for services rendered monthly. All invoices are payable by CLIENT within 30 days. Hourly rate invoices shall include reimbursable expenses and labor charges. ENGINEER'S subconsultants shall be billed at ENGINEER'S cost plus a service charge equal to 5% of the subconsultants invoice amount. 4. Reuse Wof„Documents: All documents prepared by the ENGINEER are for this project only - they are not intended to be suitable for reuse on extensions of the Project, or on any other project. Any reuse without written verification or adaptation by the ENGINEER for the specific purpose intended will be at CLIENT'S sole risk and without liability to the ENGINEER. 5. Notices: Any notices to be given by either party to the other may be effected by personal delivery in writing or by registered or certified mail. 6. Entire Agreement: This instrument contains the sole and entire agreement between the parties relating to the right herein granted and the obligation herein assumed. 7. Texas Law to Apply: This Agreement shall be construed under and in accordance with the laws of the State of Texas, and will be performable in Lamar County. 8. Leal Construction: if any one or more of the provisions contained in this Agreement shall for any reasons be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not effect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 9. Warranty: The ENGINEER intends to render its services under this Agreement in accordance with generally accepted professional practices for the intended use of the project and makes no warranty, either expressed or implied. Specifically, in this regard, the ENGINEER will endeavor to advise the CLIENT as construction, if any, progresses, but does not in any manner guarantee the performance of the construction contractors, nor is the ENGINEER liable in any manner for construction site safety or the means or methods employed by construction contractors in carrying out the work. 10. tlnlon of„Probable Construction Cost: Any opinion of the probable construction or project cost prepared by the ENGINEER represents the judgement of a design professional and is supplied for the general guidance of the CLIENT. Since the ENGINEER has no control over the cost of labor and material, or over competitive bidding or over market conditions, the ENGINEER does not imply nor guarantee the accuracy of such opinions as compared to contractor bids or actual project costs to the CLIENT. 11. Lrisks shave beenallocatitation of ed In recognition of the relative risks, rewards and benefits of the project to both CLIENT and the ENGINEER, the ed such that the CLIENT agrees that, to the fullest extent permitted by law, the ENGINEER'S total liability to the CLIENT for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this Agreement from any cause or causes, shall not exceed the available limits of the Engineer's professional liability insurance. Such causes include, but are not limited to, the ENGINEER'S negligence, errors, omissions, strict liability, breach of contract or breach of warranty. 12. Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statues of limitations commence to run any later than the date when the ENGINEER'S services are substantially completed. 13. Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the Consultant, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss or reputation or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. Both the OWNER and Consultant shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. 14 Reference nations: The Consultant may be required to render opinions about the performance or qualifications of others engaged or bei considered for or engagement by the Client. Those about whom opinions are rendered may, as a consequence, initiate claims against the Consultant. To help create an atmosphere in which the Consultant may freely report or express such opinions candidly in the interest of the Client, the Client agrees to indemnify and hold harmless the Consultant against all damages, liabilities or costs, including reasonable attorneys' fees arising from the rendering of such confidential opinions and reports by the Consultant to the Client. 15. The OWNER shall provide prompt written notice to the ENGINEER if the OWNER becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the ENGINEER'S Instruments of Service. 16. In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project, the Client and the Consultant agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding mediation.