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2008-030-RES-Approving and authorizing a professional services agreement between the cit y of Paris and Hayter Engineering, Inc. ot provde stormwater pollution prevention plan permitRESOLUTION N0, 2008-030 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. PASSED AND APPROVED this 14th day of April, 2008. ATTEST: ice Ellis, City Clerk APPROVED AS TO FORM: L14 W. Kent McIlyar, City Attorney esse Ja es Freelen, Mayor HAYTER ENGINEERING, INC. CONSULTANTS PLANNERS ENGINEERS PROFESSIONAL SERVICES AGREEMENT Date: January 7 2008 Client: Ms Lisa WrigLht CitX 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 Plan - Cox Field Scope/lntent and Extent of Services: Provide SWPPPpermit 7dministration services 2007-2008 bLidget vear. Fee Arrangement: Retainer Amount: ❑ Hourly ❑ Kourly, Not 'fo Exceed $ X Lump Sum $3.900.00 ❑ Other Information To Be Provided By Client: Special Terms, Deadlines, Comments, Lte.: Offered By: Signatzire Accepted G, INC. CITY OF-1'ARIS -1 Client t-B-Ov Date R. Reeves Havte2•, P.E. President Pririted Name!Title Si;nai uNe Date Printed Naaae177tle The Terms and Conditions on the reverse af this form are npart of this Agreement. Celebrating 50 Years of Service EXHIBIT 1957 - 2007 Terrns and Con(litioiis Information Su,p2(ied Bv Others: The 171iZM shali bc entitled to rci)- upon <und use all such information and services provided by CLIENT or others dcsibnatcd by CLIENT in pcrforming tlic FIRM'S scrviccs undcr this Agrecment, without furtlzcr vcrification hy thc FIRM. CI_IENT shali ensurc acccss for the PIRM to propcrtics as ncccssary for pcrforniancc of thc PIRM'S work; providc icgal counscl, accountants, insurancc consultants, financial advisors or othcr siniilar spccialitits as rcquircd for the pro.jcct; aiid pruviJe aH critcria and full information as to CLIGNT'S rcquircaicnts for ihc praject. 2. Terminalion: "fhis Agrcancnt may bc tcrminatcd by ciihcr partp upon tcn (10) days wriltcu nolicc. 3. Pavment: '('hc 1'1RM shall pcriodically subnut statcmcnts 1'or scrviccs rcndcrcd. '1'hcsc will bc bascd upon thc FIi2M'S cstimatc of thc scrvices completcd at ttic time. CLIENT shalt pramptly pay the invoices submitted. If an invoice is not paid within 30 days of receiPt, the amount due the FIRM shall incrcasc at the ratc of onc pcrccnt (I.0°o) a montli bcginning from said 30'h day. lil addition, tllc FIItM may, aftcr giving scvcn (7) days writicn notice to CLILNT, suspcnd services under this ngrcctnent until paid. In the eveiri of tcnnination by CLIEN'I', payment shall be made for scrviccs rendered lhrewgh rcceipt of notice of terminalion. 4. I{ouriy R<tiic Fccs: Reirnbursa6le cxPcnscs, such as long distancc tcicphonc, poslabc, cquinmcnt, cxpcndabics, mileage, subcontraclors or spccial consultants, freight, tcsting fccs, coPics, and blucprints arc addcd to hourly rate fccs. Whcre spccial consullants or subcontraciors are used as additional scrvices, the ENGiNEEIt'S reimbursetnenl shall inciude a servicc charge equal to S"/o nt tlic subcuntract»r's invnice imount. 5. Rcusc of Document~: All documents preparcd by thc P1RM arc f'or this projcct only.- thcy arc not intcndcd lo bc suitabie for rc:usc on cxtensions of thc Project, or on any oiher project. Any reusc witliout wriiten vcrification or aduptation by the PiKM for the spccilic purpose inlettded will be aE CLIEN"I'S solc risk atid wiehout liability lo die PIRM. G, Noticcs: Any noticcs io bo givcn by cithcr pariy to the othcr muy bc cI'Ibctcd by pcrsonal dciivery in wriling or by robistcrcd or ccrtificd mail. 7. I;ntirc Agromient: This instrumcnt contains the sole and cntire agrcement behvecn thc parlics rclating to thc right hercin grantcd and the cibligatian hcrcin assumcd. Tctas I,aw to ArTlY: 'rhis Agrccmcnt shall bc cctnstrucd iiudcr :uul in ac'cordancc wilh the laws of lhc Stalc uf'fcxas. ;tnd will be pcr('ormahic in Lamar County. 9. Leettl Constnictioiti; lf any unc or morc uf thc provisions containcd in this Agrccmcnt shall for aay rc::uoas bc hcld to bc invalid. illcgal or unenforceabie in any respcct, such invalidity, iilcsality or unenforceability shall not effect any other provision thcrcof, and this Agreen':.cnt shall bc construcd as if such invalid, illcga[ or uncnforecabic provision had never been contained hercin. 10. Warrantv: Thc F[RM intends io rcnder its services undcr this Abrecmcnt in accordance with gcnerally acceptcd profcssional practices for thc intendcd use of the projeci and makes no warcanty, cilhcr express or implicd. SpecificaHy, in this regard, the FIRM will cndcavor to advisc tlic CLIENT as constroction, if any, progresscs, but docs not in any manncr guarantcc the pcrfbrmancc of tiic construction conYractors, aor is the FIRM liablc in any manncr tor construciion sitc safcty or the mcans or mcihods cmploycd by construction wntractors in carrying out the work. 11. (udcmnification: The CLIENT shall, lo the fullesi extcnt pcnnitted hy law, indcmiiily and hold fiumlCSS !ti?C FIIZM, its officcrs, d.:cctors, ~i~ipiuyees, ubcnts and subconsultants from and against all dainagc, tiability and cosl, includins rcasonalilc attorncy's 1'ccs and defense costs, arising out of or in any way connectcd with the performance by any of the partics above named of the scrvices under this /igrocmcnt, cxccpting only thosc damagcs, liabilitics or costs attributablc to thc tiolc ncgligcncc or willful misconduct of thc F1RM. 12. Opinion of Probablc Construction Cost: Any opinion of thc probablc construction or projcct cost prcparcd by the rIRM rcprescnts the judgement of a design professional and is supplicd for the gcneral guidancc of thc CL1L'NT. Since the PIRM has no control ovcr the cost of (abor and material, or over competitivc bidding or over markct conditions, thc FIRM dacs nol imply nor guarantce the accuracy oPsuch opinions as comparcd to contractor bids or actuaf projcct costs to the CL,IEN'1'. 33. i,imitation of Liabititv: In recognition of the reiative :isks, rewards and benelits of the prqject to boLh CLiL'NT and the FIRM, thc risks havc becn allocated such that the CL,IENT agrces that, to thc fulicst cxtent pcrmilted by law, the FlRivt'S total liability to thc CLIEN'1' fnr any und all injurics, claims, losscs, cxpcnscs, d:uiiagcs or claim expcnscs arising out of this Agrccmcnt from any causc or causes, shall not excecd $ IUO,OOO.GO. Such causcs include, but arc not limiled to, the P{RM'S negligencc, crrors, omissions, strict liability, brcach of contract or brcach of w;arranty. H. Causcs of action bctwecn the p:uties to this Agrecment penaining to acts or failures to act shall be dccmcd to havc accrued and the aprlicablc s.alules of limitations shnll commcncc to run not latcr than cithcr the datc of Substantial Complction for acts or fai{ures tv act occurring prior Lo Substantial Compiction or the datc of issuancc of the final Ccrtiftcatc for Paymcnt for acts ar failures to acl occurring allcr Suhstantial Compfctior.. In no cvcnt shall such statucs of limitations commcncc to run any {alcr than the datc whcn thc PIRM'S scrviccs are subsiantially compictcd.