2010-110 RES ENVIROMENTAL ENGINEERING SERVICES - TERRACON CONSULTANTS - GRAND THEATRERESOLUTIOIV NO. 2010-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVIIVG AND ACCEPTING A PROPOSAL FOR ENVIRONMENTAL
ENGINEERING SERVICES FROM TERRACON CONSULTANTS, INC. FOR
THE GRAND THEATRE PROjECT; MAKIIVG OTHER FIIVDIIVGS AND
PROVISIONS RELATED TO THE SUBjECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City of Paris was recently awarded a US Environmental Protection
Agency Brownfield Clean Up Grant for the Historical Grand Theatre in Paris, Texas; and,
WHEREAS, as a part of this award, the City of Paris invited qualified firms to submit
proposals for expert consultation related to the US Environmental Protection Agency
Brownfield Clean Up Grant for the Historical Grant Theatre; and,
WHEREAS, the City of Paris has received a proposal for such services from Terracon
Consultants, Inc. in the form attached hereto as Exhibit A; and,
WHEREAS, the City Engineer has determined that the proposal from Terracon
Consultants, Inc. is the most qualified for this Project.
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 of this resolution are hereby
in all things approved.
Section 2. That the proposal of Terracon Consultants, Inc. for environmental
engineering services for the Historical Grant Theatre in downtown Paris is hereby accepted
conditioned upon said services meeting all of the terms and conditions included in the
proposal attached hereto as Exhibit A.
Section 3. That the City Manager of the City of Paris be, and he is hereby
authorized and directed to prepare and execute on behalf of the City of Paris any and all
documents necessary to carry out this project as provided herein.
Section 4. That this resolution shall be effective from and after the date of
passage.
PASSED AND APPROVED this 25th day of October, 2
Will Biard, Mayor
ATTEST:
,
J nice Ellis, City Clerk
APPROVED AS TO FORM:
` W. Kent McIly r, C' Attorney
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is entered into by the City of Paris, a Texas home-rule municipal corporation
hereinafter called "CITY," and Terracon Consultants, Inc., a Delaware corporation, acting herein
through a duly authorized officer, hereinafter called "TERRACON" for Environmental Professional
Consulting Services in connection with the US Environmental Protection Agency Brownfield Clean-
Up Grant for the Historical Grand Theatre in Paris, Texas.
WITNESSETH:
For the mutual promises and benefits described herein, the parties hereby agree as follows:
Term of AGREEMENT: This AGREEMENT shall become effective on the day it is signed
by the last party hereto, and shall continue in effect thereafter until the services provided for
herein have been performed, or until terminated as provided herein.
2. Services to be Performed by TERRACON: TERRACON shall diligently and timely perform
the Environmental Professional Consulting Services for the City in connection with the US
Environmental Protection Agency Brownfield Clean-Up Grant for the Historical Grand
Theatre at 21 Lamar Avenue, Paris, Lamar County, Texas ("Project") and all other services
described in the Scope of Services attached hereto and incorporated herein by reference as
Exhibit A ("Services").
3. Compensation of TERRACON: The CITY shall pay TERRACON for the Services provided
and accepted by CITY pursuant to this AGREEMENT and in accordance with the Project
Cost Estimate contained in the Scope of Services document attached hereto as Exhibit A.
Provided, however, total compensation under this AGREEMENT shall not exceed the
amount quoted in Exhibit A without prior written authorization from the City Manager of the
City of Paris, Texas.
4. Independent Contractor: TERRACON covenants and agrees that TERRACON is an
independent contractor and not an officer, agent, servant or employee of CITY; that
TER.R.ACON shall have exclusive control of and exclusive right to control the details of the
work performed hereunder and all persons performing same, and shall be responsible for the
acts and omissions of its officers, agents, employees, contractors, subcontractors and
TERRACONs; that the doctrine of respondeat superior shall not apply as between CITY and
TERRACON, its officers, agents, employees, contractors, subcontractors and TERRACONs,
and nothing herein shall be construed as creating a partnership or joint enterprise between
CITY and TERRACON.
5. Indemnification: TERRACON hereby agrees to release, indemnify and hold the CITY and
its elected officials, officers and employees harmless from and against all damage, injuries
(including death), claims, property damages, losses, demands, suits, judgments and costs,
including reasonable attorney's fees and expenses, in any way arising out of, related to, or
resulting from the Services provided by TERR.ACON pursuant to this AGREEMENT, but
only to the extent caused by the negligent act or omission or intentional wrongful act or
omission of TERRACON, its officers, agents, employees, subcontractors, subconsultants,
EXH 1 BIT ,.L
licensees, invitees or any other third parties for whom TERRACON is legally responsible
(hereinafter "Claims").
6. Insurance Requirements: TERRACON agrees to meet all insurance requirements set out
below, and to require all subcontractors and/or subconsultants who perform work for
TERRACON on this Project to meet these insurance requirements as well:
TERRACON shall maintain insurance for this Project in accordance with the following
required coverages and limits, and upon request will provide a copy of properly signed
Accord Certificates to the CITY on Request. The City of Paris, its elected officials, officers
and employees shall be included and covered as Additional Insured's on all policies listed
below except the Professional Liability and Workers Compensation policies. All insurance
policies shall be issued by properly funded and capitalized insurance companies authorized
to write insurance policies in the State of Texas:
General Commercial Liability $500,000 per occurrence/$1,000,000 aggregate
Commercial Auto Liability $500,000 per occurrence/$1,000,000 aggregate
Professional Liability $1,000,000 per claim and in the aggregate
Workers Compensation State required minimum limits
7. Termination: This AGREEMENT may be terminated for cause by either party following
prior written notice of a material breach of the terms or provisions of this Agreement. The
notice of breach shall be delivered to the breaching party at the address provided herein and
the Agreement may be terminated for cause if said breach ar default is not corrected within
thirty (30) days. This AGREEMENT may also be terminated by City for convenience upon
ten (10) calendar day's written notice to TERRACON. In such event, CITY shall pay
TERRACON for all Services rendered by TERRACON and accepted by City up through the
date of termination. Upon notice of termination, TERRACON shall turn over all documents,
reports, tests, graphs, permits, files, photographs, videotape and all other documents related
to the Project to the City of Paris.
8. Reuse of Documents: All documents prepared by TERRACON are instruments of service for
the specific project contemplated under this AGREEMENT. They are not intended for reuse
on extensions of that proj ect, or on any other project. Any reuse without written verification
or adaptation by TERRACON for the specific purpose intended will be at CITY's sole risk
and without liability to TERRACON.
9. Notices: Any notices to be given hereunder by either party to the other may be effected
either by personal delivery, in writing, or by registered or certified mail, to the following
address:
Terracon Consultants, Inc. City Manager
8901 Carpenter Fwy, Ste. 100 City of Paris, Texas
Dallas, Texas 75247 P.O. Box 9037
Paris, Texas 75461-9037
With a copy to:
City Attorney
City of Paris, Texas
P.O. Box 9037
Paris, Texas 75461-9037
Any change of address for the purposes of Notice shall not be effective until ten (10) days
following receipt of the change of address.
10. Other Provisions: The parties hereto further agree as follows:
(a) Standard of Care: TERRACON shall perform all Services required by this
AGREEMENT and this Project in a manner consistent with that level of care and
skill ordinarily exercised by members of the profession currently practicing in the
same locality under similar conditions. No other representation, express or implied,
and no warranty or guarantee is included or intended in this AGREEMENT, or in any
report, opinion, document, or otherwise.
(b) Texas Law to Apply; Successors; Construction: This AGREEMENT shall be
construed under and in accordance with the laws of the State of Texas. It shall be
binding upon, and inure to the benefit of, the parties hereto and their representatives,
successors and assigns. Should any provisions in this AGREEMENT later be held
invalid, illegal or unenforceable, they shall be deemed void, and the remainder of this
AGREEMENT shall be construed as if such provision had never been contained
herein.
(d) Non-Assignment: The parties hereto further agree that during the term of this
agreement, the Services to be provided hereunder shall remain the sole responsibility
of TERRACON, and that TERRACON shall not during the term of this agreement
assign, subcontract, or in any other way authorize or retain other parties to provide
such Services without the express written consent of City Manager of the City of
Paris, Texas.
(e) No Waiver: No waiver of either party's rights under this AGREEMENT shall be
deemed to have been made unless expressed in writing and signed by an authorized
representative of that Party.
Sole Parties to AGREEMENT: This AGREEMENT shall not create any rights or
benefits to anyone except the CITY and TERRACON, and contains the entire
agreement between the parties. Oral modifications to this AGREEMENT shall have
no force or effect.
( fl Venue: The parties agree that the laws of the State of Texas shall govern this
AGREEMENT, and that all aspects of this AGREEMENT are performable in Lamar
County, Texas. Exclusive venue for any claim or lawsuit arising out of or related to
this AGREEMENT shall lie in Lamar County, Texas.
11. Any Amendment or Supplement to this AGREEMENT shall be in writing, and be signed by
the appropriate authorized parties for both CITY and TERRACON.
IN WITNESS WHEREOF, the parties, having read and understood this AGREEMENT, have
executed such in duplicate copies, each of which shall have full dignity and force as an original, on
the day of , 2010.
TERRACON:
TERRACON CONSULTANTS, Inc.
CITY:
CITY OF PARIS, TEXAS
By:
By:
Kevin Carruth, City Manager
ATTEST:
ATTEST:
Janice Ellis, City Clerk
(Corporate Seal)
(Seal)
4
Irerracon
Octaber 25, 2010
Mr. Shawn Napier, P.E,
City Engineer / Director of Engineering, Planning and Development
City of Paris
150 S. E. 1 S` Street
Paris, Texas 75460
Phone: (903) 784-9292
Fax: (903) 784-1798
Email: snapier(cb_paristexas.qov
Re: Hazardaus Materials/Vltaste Consuiting
Historica( Grand Theatre
21 Lamar Avenue
Paris, Texas
Terracon Proposal No. P94101076
Dear Mr. Napier:
Terracon Consultants, lnc. (Terracon) appreciates fhe flpportuniky to submit this proposaf to
provide hazardous materials consufting services far the historical Grand Theatre (SITE) Eocated
at the referenced location. 7he hazardous materials consulting services will be based on the
Phase I and II Enviranmental Site Assessment Reports referenced in the Request far
Qualifications.
A. PROJECT fNFQRMATION
Terracan's hazardaus rnaterials/waste (NMW) consulting services will be provided in the
following two phases: Phase 1 will consist of the coordination and development af technical
specificatians ta be used as part of the bid documents for remsdiation and clean-up activities at
the S1TE. Phase II wili consist of the oversight of the remediation and ciean-up activities at the
S1TE to ensure complianca with the technical specificatians and app(icabfe state and federal
regulafions. Based on the information currenf(y available the estimated cost for remediation of
the identified hazardous ma#erials/wastes is $150,000.00. This is anly an estirnate and will most
{ikely change once the project specifics become defined.
EXHIBIT g
Terraeon Constiftants, Ine. 8901 Carpenter Freeway, Suite 100 Dallas, Texas 75247 Reyis[ration No. F•3272
P(214j 630 1010 F[2141630 7070 terracon.com
City of Paris Hermon
Terracon Proposal No.: P94101076
October 25, 2010
B. 5CC}PE OF SERVICES
PHASE Hazardous Materials/Waste Technical Specificafians
Terracon proposes the foliowing sequence for the development of the Hazardous
Materials/Waste (HMW) fechnical specificatians:
1. Conduci a walkthrough of the SITE to evaluate the current condition of the building and
identified HMW's, and identify any changes to the facifity which may have accurred since
#he preparation of the previously referenced ertvironmenta( reports.
2. Meet with project representatives (i.e. city, architect) to farmulate a phasing plan, project
milestones and lines af communication for the project.
3. Develop the HMW technicaf specifications for the removal and disposal of the confirmed
asbestos cantaining materials (ACM); lead based paint (LBP), and fungai growth
identified in the facility. The abatement plan will be prepared in accordance with the
applicable facal, state and fedsral asbestos, Iead, mald and ather applicable regulations.
The specifications will define abatement practices, procedures anc{ inspecfion protocals,
and disposal requirements. The specification will be prepared by appropriatefy licensed
personnel in accordance with current state and federal regulations. The specification will
include the fofiowing:
+ Project scope of work and phasing
• Materials to be used during the project
• Applicable federal, state and local regulations (TDSHS, EPA, OSHA)
• Contractor submittals such as certifications, work plans, notifications, disposal
arrangements and warker training documen#s
• Warker protectian requirements
i Work area preparation procedures
• Hazardous materials (asbestos, lead and mold) removal methods
• Work area decontamination/cleaning procedures
• Final clearance requirements
• Waste disposal procedures
4. Conduct a meefing with project team members to review praposed HMW technical
specifications ta ensure that the scope of the remediation correlates with the praposed
renovation and preservation of the historic elements of fhe facility.
Cify of Paris Irerrocan
Terracon Praposa( No.: P94101076
Qctober 25, 2010
5. Fina(ize #he HMW technical specificafions in a format that can be incorporafed into the
City of Paris's °front end" bid documents. Terracon anticipa#es that the "front end"
documents wi{I include city specific bidding and banding requirements.
Terracon will conduct a pre-bid walkthrough at the project site with proposed bidders as
defined in the bid solicitation perfarmed by the City af Paris. Terracon wilf afso prepare
any required addendums to address contractor questions throughout the bidding
process.
7. Terracon wiA aid fhe City of Paris in the evaluation of the bids submifted, interview low
bidders and make a recammendation for contractar selection.
Please note that Terracon's plans and specifications may not be used by another consultant or
consultant agency to monitor the project without prior written permission from Terracan
Consultants, Inc.
PHASE II: Hazardous Materials Rernediation Oversiqht
Unce a remediation contractor is selected the sequence for Phase II Hazardous Materials
Remediation Oversight will be as folfows:
1. Terracon will provide a team of environmental professionals consisfing af a State af
Texas licensed asbestos consultant, projecf manager, moid assessmenf consuifant and
lead risk assessor for the duratian of the abatement project. Terracon"s team will
coardinate and provide dacurrzen#atian of the remediatian activities and air monitoring
results for the durafion af the abatement project.
2. Terracon will review ali pre job submittals and applicable state natifications pertaining to
the hazardous materials abatement priar to the beginning of the project.
3. A licensed project manager/air-monitaring technician (PM) will be on-site at all times
during the hazardous materials abatement. Terracon team members will be an-site
during the remediatian projeck to pertorm on-site air monitoring and inspection services
throughout the remediation process. Based on fhe current project scope of work the
estimated work day will consist af a 10-hour shift. The PM will perform on-site inspection
services throughout the remedia#ion process to evaluate the regulated work area far
compliance with the hazardaus materials project specifications and State/Federal
regulations.
4. Terracon will perform a post remediation final visual inspection af each remediated area
and conduck final clearance in accordance with the designed hazardous materials
remediation plan and applicable state and federal regulatians. Final clearance sampiing
for the hazardous maferials remediation will consist of asbestos, aead and fungal
aerasols. The criteria for the asbestos abatement will cansist of fina) aggressive air
clearance in accordance wifh current TDSHS regulations. The asbestos air samples,
including the clearance samples, will be analyzed by Phase Contrast Microscopy (PCM)
in accordance with the Nationaf lnstitute of Occupational Safety and Health (NIOSH)
Method 7400.
City of Paris
Terracan Proposal No.: P94101076
October 25, 2010
`1t'errocan
5. The clearance samples for the lead paint remediation wil( consist of surface wipe
samples. Air sampies far lead wiil aiso be cailected intermittently fhraughaut fhe project
far comparison to OSHA's Permissibfe Expasure Limit (PEL), as defined in 1926.52,
Lead in Construction StanBard. The lead air and wipe samples will be analyzed by an
American Indusfrial Hygiene Assaciation (AIHA) accredited laboratary.
3. 7he clearance samples collected as part of the post remediation verification far fungal
remediatian will consist of the collection of total bioaerosol samples by TDSNS licensed
personnel and analyzed to monitor efficacy of the fungal remediation/rlecantamination
process. Tota{ biaaeroso( samples will be analyzed based on the Terracon's clearance
criteria to determine a pass/fail for the remedial project. A state iicensed laboratory will
analyze the total bioaerosol samples.
7. Once fhe project is completed, Terracon will prepare a final project report. The final
project repart wi11 include a description of fhe prajec#, asbestos, lead and bioaeresol
monitoring results, final air clearance documentation and a review af the remediation
contractor's documentation. Review of the abatement contractor's documentation will
include waste disposal manifests, worker documentatian and 4SHA monitoring resuits.
Terracon will not be responsible for the contractar's activities related to site safety during the
praject, If Terracon identifies safety concerns at the site the Client will be notified of the cancern
and it will be the Cantractor's sole responsibility to correct the deficiency at their expense.
Cify oF Paris
Terracon Proposal No.: P94101076
October 25, 2010
CQMPENSATIQN
The services described abave will be pertarmed for the fallowing fees:
1Cerracon
ESTIMATED TOTAL PROJECT COST
PHASEI
DESCRIPT[ON
COST
Site Walkthrough and Coordination Meeting
$1,850.00
Developmenf of Hazardous Materials Specificatian
$5,730,00
Pre-bid Walkthraugh with Proposed Bidders
$1,100.40
Bid Evaluation and interviews (if necessary)
$550p0
Total Cost for Phase I
$9,230.00
PHASEI(
~ DESCRIPTION
COST
; Project Management (80 hours @ $935.00)
$ 10,800.40
On-Site Air Monitoring/Inspection Services (10 hour shift, 50
days @ $750 per shif#)
$ 37,5~0.00
Lead Clearance - Wipe Samples (50 samples @$25.00)
$1,250.00
Air Samples for Lead (30 samples @ $ 25.00)
$ 750.00
Funga! Clearance - Spore Trap Samples (30 samples @$
50
.00)
$ 1,500.00
Fina( Report
$ 1,850.00
~ TQtal Cost for Phase Il
$ 53,650.00
Tatal Cost for Phase I and 11
$ 62,880.d0
Gify afi Paris
Terracon Propasai No.; P94101076
October 25, 2010
1fereocan
if this proposal meets your appraval, work may be inifiated by returning an original execufed
copy of the attached Agreement for Services to our Dallas, Texas office. Project initiatian may
be expedited by forwarding an executed Agreement far services to Kyle J. Burroughs via fax at
(214) 630-7070, or by email to KJBurrouqhsC'a~terracon com,
We appreciate the apportunity to pravide this proposal and laok forward to working with the City
of Paris an fhis project. If yau have any questions or comments regarding #his proposai or
require additional services, please con#aet either of the undersigned.
Sincerely,
Terracan Consuitants, lnc.
Departmen~ Manager
ndaor AY/4uality