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14 Approve a resolution authorizing a contract with Hayter EngineeringCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: March 17, 2008 Cox Field Airport Lisa A. Wright, Director of Council Date: Community Development/ 14 April 14, 2008 Airport Director RECOMMENDED MOTION: Move to approve a resolution authorizing a contract with Hayter Engineering, Inc. for administrative services related to the Storm Water Pollution Prevention Plan (SW3P) at Cox Field Airport in the amount of $3,900.00 and authorizing the City Manager to negotiate and execute all necessary documents. POLICY ISSUE(S): Contract BACKGROUND: In Resolution No. 2005-049, the City Council authorized a professional services agreement with Hayter Engineering, Inc. for the preparation of a Stormwater Pollution Prevention Plan (SW3P), in conformance with the rules and regulations of the Texas Commission on Environmental Quality and its General Permit No. TXRO50000, Section S and Sector T thereof, for Cox field Airport related to the sale of aviation fuel at said airport. Since completion of the SW3P, it has been necessary to implement the requirements of such plan, which includes quarterly and annual site inspections, annual employee training sessions, maintenance of paperwork, collection of annual and quarterly visual samples, and coordination with laboratories that will be testing the samples. Hayter Engineering has performed those services annually. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution ACTION: BUDGET INFO: ^ Financial Report ^ Minute Order Expense $3,900.00 ^ Department Report ®Resolution Budgeted Amt. $3,500.00 ^ Presentation ^ Ordinance YTD Actual $1,950.00 ^ Public Hearing ^ Other Acct. Name Consultants (SWPPP) Acct. Number O 1-0318-61-00 FISCAL NOTES: REVIEWED AND APPROVED BY: ® Administration ®Ciry Clerk ®Communiry Development ^ EMS/IT ^ Finance ^ Fire ^ Municipal Court .~ Legal ^ Library ^ Police ^ Eng./Public Works ^ Utilities City of Paris G Revised 2/04/08 J DRAFT attorney\reswork\cunent\Stormwater Pollution Prev Plan Cox Field Res 2008 April 7, 2008 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PARIS AND HAYTER ENGINEERING, INC. TO PROVIDE STORMWATER POLLUTION PREVENTION PLAN PERMIT ADMINISTRATION SERVICES FOR 2007-2008; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 28, 2005 the City Council adopted Resolution No. 2005-049 approving a Professional Services Agreement by and between the City of Paris and Hayter Engineering, Inc., for the preparation of a Stormwater Pollution Prevention Plan (SW3P) in conformance with the rules and regulations of the Texas Commission on Environmental Quality and its General Permit No. TXR050000, Section S and Section T thereof, for Cox Field Airport related to the sale of aviation fuel at said airport; and, WHEREAS, since completion of the SW3P, it has been necessary to implement the requirements of such plan, which includes quarterly and annual site inspections, annual employee training sessions, maintenance of paperwork, collection of annual and quarterly visual samples, and coordination by Hayter Engineering with laboratories that will be testing the samples; and, WHEREAS, the aforesaid Hayter Engineering, Inc., has proposed a Professional Services Agreement for said services for year 2007-2008 in connection with the SW3P for Cox Field in the amount of $3,900.00, and the City Council desires to approve same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That a Professional Services Agreement by and between the City of Paris and Hayter Engineering, Inc., for administrative services related to the Storm Water Pollution Prevention Plan (SW3P) at Cox Field Airport in the form attached hereto as Exhibit A and for all purposes incorporated herein, shall be and is hereby in all things approved, and the City Manager is hereby authorized to execute and the City Clerk to attest to said agreement. Section 3. That this resolution shall be effective from and after its date of passage. i~ PASSED AND APPROVED this 14th day of April, 2008. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney ~~ HAYTER ENGINEERING, INC. CONSULTANTS PLANNERS ENGINEERS PROFESSIONAL SERVICES AGREEMENT Date: January 7 2008 Client: _Ms Lisa Wri;~ht City of Paris P O Box 9037 Paris, TX 75461 Telephone: 903-784-9203 Facsimile: 903 -784-1798 4445 S.E. LOOP 286 PARIS, TEXAS 75460 (903) 785-0303 FAX (903) 785-0308 Project Name/Location: Storm Water Pollution Prevention T~lan -Cox Field Scope/Intent and Extent of Services: Provide SWPPP ermit administration services 2007-2008 bud4yet year. Fee Arrangement Retainer Amount: ^ Hourly X Lump Sum $3,900.00 Information To Be Provided By Client: Special Terms, Deadlines, Comments, 1?tc.: ^ f-iourly, Not "fo Exceed $ CI Other Offered By: Accepted I'~~,~: HAYTE NGINEERING INC. CITY 0~:~ T'ARIS ,~-~ i Client Signat~c~^e t-8-ov . Date Signat7~~^e K. Reeves Haytei., P.E. President Printed Nanze!Title Date Printed N~rr~~ae/Title Tl:e Terms and Conditions on tl:e reverse of this form are n ~nrt of this Agreement. Celebrating 50 Years of Service EXHIBIT g 1957 - 2007 ~~ Terms and Conditions Information SunPiied By Others: The FIiZM shall be entitled io rely upon <utd use all such information and sen'ices provided by CLIENT or others designated b}' CLIENT in pcrfonning the FIRM'S services under this Agreement, without further verification by the F1R,ti4. CLIENT shall ensure access for the FIRM to properties as necessary for pcrformancc of the FIRRQ'S work; provide legal cowtscl, accountants, insurance consultants, financial advisors nr other similar specialists as required for the prnjcct; and provide all criteria and ful! information as rn CLIENT'S requirements for the project. 2. Termination: 'this Agrccmcnt may be termin;ucd by either party upon tut { 10) days writtcu notice. 3. P:+yntent: 'I'hc i~iRM shall periodically suhm;t statements for scrviccs rcndcrcd. •hhcsc will be teased upon the Fi1:M'S estimate of the scrviccs complctcd at the time. CLIENT shall pranptly pay the invoices submitted. if an invoice is not paid within 30 days of receipt, the amount due the FIRM shall increase at the rate of one percent (I.0°o) a month beginning from said 30'h day. In addition, the FIRM may, after giving seven (7) days written notice to CLiL'-NT, suspend scrviccs under this Agrccmcnt until paid. in the event of termination by CLIEN'i~, payment shalt be made for scrviccs rcndcrcd through receipt of notice of termination. 4. 13ourly Rate I~ccs: Rcimbursablc cxpenscs, such as long distance telephone, postage, equipment, expendables, mileage, subcontractors or special consultants, freight, testing fees, topics, and blueprints arc added to hourly rate ices. Where special consultants or subcontractors arc used as additional services, the ENG1NEElt'S rcimbursament shall include a service charge equal to 5"/" of the suhcontractnr's invoice. amount. 5. Rcusc of Documents: All documents prcparcd by the FIRM arc for this project only.- they arc not intcndcd !o be suitable for reuse on extensions o1'thc Project, or on any oihcr project. Any reuse witlioul written verification or adaptation t,y the FIRM for the spccitic purpose intcndcd will be at CLIENTS sole risk and without liability to the PIRM. G. Notices: Any notices to be given by tither party to the oihcr muy be clfectcd by personal delivery In writing or by registered or certified mail. 7. I?ntirc At'rc>>ment: This instrument contains the sole and entire agreement bctwecn thr, parties relating to the right herein granted and the obligation herein assumed. ts. Texas l,aw to Annly; 't'ilts Agrccmcnt shall bo construed uudcr amd in accordance-with the laws of the Stale ul' "1'cxus. and will be pcr('onnablc in Lamar County. >. Lccal Construction: 1!' any one or more of the provisions contained in this Agrccmcnt shalt for any reasons be Itcld to be invalid, illegal or unenforceab}e in any respect, such invalidity, ilicgafity or unenforccability steal! not effect any other provision thereof, and ibis Agreen;cnt shall be construed as if such invalid, ilicgat or unenforecable provision had never been contained hercitt. 10. V/arnnty: The FIRM intends to render its services uudcr this Agrccmcnt in accordance with generally accepted professional practices for the intcndcd use of the project and makes no warranty, either express or implied. Specifically, in this regard, the FIRM will endeavor to advise the CLIENT as construction, if any, progresses, but does not in any manner guarantcc the pcrformancc of the construction contractors, nor is the FIRM liable in any manner for construction site safety or the means or methods employed by construction contractors in carrying out the work. 11. Indannification: The CLIENT shall, to the fullest extent pcmtiltcd by late, iadcmnify and hold haunt^_ss the FIRM, its officers, directors, cr.tpiuyecs, ag::nts and subconsultants from and against all damage, liability and cost, including rcaeonablc attorney's Pecs and defense costs, arising out of or in any way connected with the pcrformancc by any of tlu parties above named of the scrviccs under this Agrccmcnt, excepting only those damages, liabilities or costs attributable to the sole negligcncc or willful misconduct of the FIKM. 12. Opinion of Probable Construction Cost: Any opinion of the probable construction or project cost prcparcd by the FIRM represents the judgement of a design professional and is supplied for the general guidance of the CLIENT. Since the FIRM has no control over the cost of labor and material, or over competitive bidding or over market conditions, the: FIRM does not imply nor guarantcc the accuracy of such opinions as compared to contractor bids or actual project costs to the CL.IEN"1'. 13. t,imitation of Liahilit~'; ]n recognition of the relative risks, rewards and benefits ol'thc project to both CLIL'NT and the FIRM, the risks have been allocated such that the CLIENT agrees that, to the fullest extent pcnnittcd by law, the FiRA~t'S total liabiliq~ to the CLI);NT for arty and all injuries, claims, losses, cxpenscs, damages or claitn cxpenscs arising out of this Agrccmcnt from any cause or causes, shall not exceed $IUQ,OOO.GO. Such causes include, but arc not limited to, the FIRM'S ncgligencc, errors, omissions, strict liability, breach of contract or breach of ~~;,rranty. 14. Causes of action bctwecn the parties to this Agrccmcnt pertaining to acts or failures to act shall be deemed to have accrued and the applicable satulcs of limitations shall commence to run not later than either the dale 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 occw~ring alter Substantial Completion. In no event shall such statues of limitations commence to run any later than the date when the FIRM'S scrviccs arc subsianliall}' complctcd.