Loading...
2010-130 RES AGREEMENTS FOR PROFESSIONAL SERVICES WITH HAYTER ENGINEERING REGARDING PREPARATION OF EMERGENCY ACTION PLANS FOR LAKE CROOK AND LAKE GIBBONSRESOLUTION NO. 2010-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZIIVG THE EXECUTION OF TWO (2) AGREEMEIVTS FOR PROFESSIONAL SERVICES WITH HAYTER ENGINEERING, INC. FOR ENGINEERING SERVICES REGARDING THE PREPARATION OF EMERGENCY ACTIOIV PLAIVS FOR LAKE CROOK AND LAKE GIBBOIVS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Commission on Environmental Quality Dam Safety Program requires the City of Paris to submit Energy Action Plans for the event or threat of a dam emergency, in accordance with 30 TAC § 299.61(a); and, WHEREAS, the City of Paris, as owner of Lake Crook and Lake Gibbons dams, is required to submit these Energy Action Plans; and, WHEREAS, Hayter Engineering, Inc. has been selected to provide the on-site assessment analysis and Energy Action Plan for Lake Crook and Lake Gibbons and anticipates eleven (11) months to complete the project, at a cost of 37,300.00 for Lake Crook and $18,700.00 for Lake Gibbons; and, WHEREAS, it is in the best interest of the City of Paris and its citizens to authorize the execution of Professional Service Agreements with Hayter Engineering in the form attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUIVCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. The Professional Services Agreement with Hayter Engineering, Inc. for the engineering services for compliance with Texas Commission of Environmental Quality Dam Safety Program is hereby approved in the form of Exhibit A attached hereto. Section 3. The City Manager be, and he is hereby authorized and directed to execute, on behalf of the City of Paris, any and all documents necessary for the project. Section 4. This resolution shall be effective immediately upon passage. DULY PASSED AND APPROVED this 20th day_af..Ii~cember, 2010. iard, Mayor ATTEST: "Al ')niCEllis, City Clerk APPROVED AS TO FORM: C,/- I W. Kent McI r, i Attorney AGREEMENT FOR PROFESSIONAL SERVICES This AGREEIvIENT is entered into by the City of Paris, a home-rule municipal corporation hereinafter called " CITY," and HAYTER ENGINEERING, INC., a Texas corporation, acting herein through a duly authorized officer, herein called "ENGINEER," because CITY desires ENGINEER'S servi.ces in connection with engineering services for a dam hydrology and hydraulics analysis, including Emergency Action Plan, for Lake Crook. WITNESSETH: For the rnutual promises and benefits herein described, the parties agree as follows: l. Term af AGREEMENT: This AGREEMENT shall became effective an the day it is executed, and shall contmue in effect thereafter until the services grovided for herein have been performed, or until terrninated as gzovided herein. 2. Services ta be Performed bv ENGINEER: Engineer shall diligently and fimely perForm the services described in the Scope of Services attached hereto and incorporated herein by reference as ExhibitA. CITY may request additional services of any type normatly rendered by ENGINEER. `These will be called "Additional Services," and compensation shall be determined as per Section 3(b) hereof. Basic services during the construction period, if any such serviees are included in this AGREEMENT, are understoad to be for the time of completian initially specified in the corresponding construction contract, and services beyond that time, including services as expert witness ar assis#ing in Iitigation, or services due to failure of the CONTRACTOR to complete on time, will be deemed additional services. Comvensation of ENGINEER: Ciiy shall pay ENGINEER as follows: (a) Emergency Action Plan per attached Exhibit A Scope - Compensation af Engineer shall be $37,300. (b) CITY shall pay ENGINEER for additional services requested by CITY, at the hourly rates on Exhibit B hereto, plus reimbursable expenses. (c) ENGINEER may submit monthly statements for basic and additional services. These will be based upon ENGINEER'S estimate of services completed at the time, and CITY shall make prampt payments. If CITY fails ta pay ENGINEER within sixty (64) calendar days of the receipt of ENGINEER'S statement, the amounts due ENGINEER shall inerease at the rate of one percent (1%) a month. ENGINEER may, after givzng seven (7) days written notice to CITY, suspend services until paid. (d) In the event of termination by CITY, ENGINEER shall be entitled to payment for services rendered through receipt of termination notice. 1 ExHIBtTA- (e) "Reimbursable expenses mclude, but are not limited to, Iang distance telephone, postage, equipment, expendables, mileage, subcontractors or special consultants, freight, testing fees, copies, and blueprints. Where special consultants or subcantractors are used as additional sezvices, the ENGINEER'S reimbursement shall include a service charge equal to S% of the subcontractor's invoice amount. 4. Services to be Performed bY CITY: CITY shali: (i) provide ENGINEER with any previous studies, reports, data, budget constraints, special OWNER requirements, or other pertinent informatian known to CITY; (ii) ensure access for the ENGINEER to praperties necessary for performance of the ENGINEER'S work; (iii) provide legal, accaunting, or insurance consultants, financial advisors or other similar specialists as required for the project; (iv) make prompt payments in response to ENGINEER' S statemen.ts; and (v) respond in a timely fashion to reqaests from the BNGINEER. ENGINEER is entitled to rely upon and use, without independent verification and without liability, all information and services provided by CITY or CITY's appointees, or with respect to buried utilities, the utility providing servi.ce in the project area. 5. Termination: The obligation to provide further services under this AGREEMENT may be terminated by either party upon ten (10) calendar days written notice, in the event af substantial failure by the other party to perform in accordance with the terms hereaf. 6. Reuse of Documents: All documents prepared byENGINEER are instruments of service for the specific project conternplated under this AGREEMENT. They are not intended for reuse on extensions of that project, or on any other project. Any reuse without written verificatian or adaptation by ENGINEER for the specific purpose intended will be at CITY's sole risk and without Iiability to ENGINEER. 7. 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 maii. 8. Sole Parties and Entire AGREEMENT: This AGREEMENT shall not create any rights or benefits to anyone except the CITY and ENGINEER, and contains the entire agreement between the parties. Oral modifications to this agreement shall have na force or effect. 9, Texas Law to Applv' 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 this AGREEMENT shall be construed as if such provision had never been contained herein. 2 10. Other Provisions: The parties hereto fiirther agree as follows: (a) Iudemnificafion. ENGINEER shall release, indemnify and hold CITY and its officers, agents and employees harmless from and against all damager, injuries (including death), claims, pzoperty damages (including loss of use), 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 ENGINEER but only to the extent caused by the negligent act or omission or intentional wrongful act or omission of ENGTNEER, its officers, agents, emplayees, subcontractors, licensees, invitees or anyother third parties for whom Engineer is Iegally responsible (hereinafter "Claims"). ENGINEER is expressly required to defend CITY against alI such Claims. (b) Any opinion of the probable construction cost prepared by the ENGINEER represents onIy his j udgment as a design professianal aud is supplied for the general guidance of the CITY. Si.nce the ENGINEER has no control over the cost of labox and material, or many other factors, the ENGINEER does not imply nor guarantee the accuracy of such opinions_ If the OWNER elects to redesign or rebid the project to reduce costs, ENGINEER' S services for such rebidding or redesign shall be additional services. (c) The ENGINEER has not been retained or compansated to provide design and construction review services relating to any construction contractor's safety precautions or to means, methods, techniques, sequences, or procedures required for the contractor to perfarm his work, but not relating to the final or completed structure. The ENGINEER does not in any manner guarantee the performance of the consLTUCtion contractors. (d) ENGTNEER will strive to perform services hereunder in a manner consistent with that level of care and skill ord'inarily exercised by znembers of the profession currently praeticing in the same locality under similar conditions. I+Io other representation, express or implied, and no warranty or guarantee is included or intended in tl-Lis AGREEMENT, or in any report, opinion, document, or otherwise. (e) Delivery of Electronic Files - In accepting and utilizing any drawings, zeports and data on any form of electron media ftom the ENGINEER, Owner agrees that such files are instruments of service af the ENGINEER, solely for this particular Project. The Owner agrees not to reuse these electronic files for any purpose other than of the Project. The Owner agrees to waive all claims against the ENGINEER resulting from any unauthorized changes to or reuse ofthe electronic f'tles for any other project. 3 Electronic files fumished by either parry shall be subj ect to an acceptance period of sixty (60) days_ After the acceptance period, the electronic files shall be deemed to be accepted and neither party shall have any obiigation to correct errors or maintain electronic files. In the event of a conflict between the hard-copy construction documents and record drawings prepared by the ENGINEER and the electronic files, the signed and sealed hard-copy construction documents shall govern. In addition, the CITY agrees, to the fuIlest extent permitted by law, to rel0ase the ENGINEER, its officers, directors, employees and subconsultants against ali damages, liabilities or costs, including reasonable attorneys' fees and defense costs,. arising from any changes made by anyone other than the ENGINEER or from any reuse of the electronic files. (f) Independent Contractor. ENGINEER covenants and agrees that ENGINEER is an independent contractor and not an officer, agent, servant or employee of CITY; that ENGINEER shall have exclusive control of and exclusive right to control the details of the work performed hereunder and alI persons perfarming same, and shali be responsible for the acts and omissions of its afficers, agents, emplayees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between CITY and ENGINEER, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein sha11 be construed as creating a partnership or joint enterprise between CITY and ENGINEER. (g) No Assignment. ENGINEER covenants and agrees that during the term of this agreement, the services to be prpvided hereunder remain the sole responsibility of ENGINEER, and that ENGTNEER shall not during the term of this agreement assign, subcontract, or in any other way authorize or retain other parties to provide such services withoutthe express written consenf ofCITY. (h) Venue. The parties agree thatthe laws of the State of Texas shatl govern this Agreement, and tihat all aspects of this Agreement are performable in Lamar Counry, Texas. Exclusive venue for any claim or lawsuit arising out of or reiated to this Agreement shall lie in Lamar County, Texas. 11. Amendments to this contract shall be in writing, and be signed by the appropriate authorized parties for both CITY and ENGINEER. 4 IN WITNESS WHEREOF, the parties, having read and understood this AGREEMENT, have eYecuted such in duplicate copies, each of which shall have fuil dignity and force as an original, on the day of November , 2010. ENGINEER: HA.Y`IBR ENGINEERING, INC. pWNER CITY OF PARIS ~ By: ATTEST: ~ (Corporate Seal) By: ATTEST: {Seal} Hdio1.U`-;: 5 EXHIBIT A 5cope of Services . On-site assessment of Lake Crook dam. m Hydrologic and hydraulic analysis of Lake Crook dam, including breach analysis and inundation map preparation. . Operations and maintenance plan for Lalce Crook dam. l 9 locations). o Surveying of cross sections downstream of dam (appoximateY o Determine residences and other critical structures within the inundation area. Collect names, phone numbers, and addresses for inclusion in the EAP. 4 Additional surveying as maY be necessitated by the H&H analysis. s Attain bridge data on the HWY 271 crossing from TxDOT. o Survey the railroad bridge downstream of Lake Crook. • Preparation of the final report complete with recommendations. o Prepare a final repart and present the findings to the appropriate city officials. 6 sI EXHI[BIT B Schedule of Per Diem Rates March 2009 Personnel Haurly Rates Principals 140.00 Project Managers 115.00 Project Engineer 80•00 Intern Engineers 75.00 Senior Technicians 68.00 CAD Technician 45.00 Draftsmen 27.00 Administrative Assistant 42•40 Envirorunentalist 50.00 Qn-Site Observer 45.00 Surveyor 85.00 Survey Technician 40.00 Survey Crew - 2 Man Party 85.00 Survey Crew - 3 Man Party 125.00 This Schedule of hourly rates may be modified by the ENGINEER at his discretion. Time billed for per diem rate services shall be in mirumum increments of `/4 hour. 7 AGREEMENT FOR PROIFESSIONAL SJERV]CCES This AGREEMENT 15 entered into by the City of Paris, a home-rule municipal corporatzon hereinafter called " CITY," and HAYTER ENGINEERTNG, TNC., a Texas corporation, acting herein through a duly authorized officer, herein called "ENGINEER," because CITY desires ENGINEER'S services in connection with engineering services for a dam hydrology and hydraulics analysis, including Emergency Action Plan, for Lake Gibbons. WTTNESSETH: For the mutual promises and benefits herein described, the parties agree as follows: 1. Term of AGREEMENT: This AGREEMENT shall become effective on the day it is executed, and shall continue in effect thereafter until the services provided for herern have been performed, or until terminated as provided herein. 2. Services to be Performed bv ENGINEER: Engineer shall diligently and timely perform the services described in the Scope of Services aitached hereto and incorporated herein by reference as Exhibit A. CITY may request additional services of any type normally rendered by ENGINEER. These will be called "Additional Services," and compensation shall be determined as per Section 3(b) hereof. Basic services during the construction period, if any such services are included in this AGREEMENT, are understood to be for the time of completion initially specified in the correspanding construction contract, and services beyond that time, including services as expert witness or assisting in litigation, or services due to failure of the CONTRACTOR to complete on time, witl be deerned additzonal services. 3. Compensation of ENGINEER: City shall pay ENGINEER as follows: (a) Emergency Actian Plan per attached Exhibit A Scope - Compensation of Engineer shail be $18,700. (b) CITY shall pay ENGINEER for additional services requested by CITY, at the hourly rates on Exhibit B hereto, plus reimbursable expenses. (c) ENGINEER may submit monthly statements for basic and additional services. These wiil be based upon ENGINEER'S estimate of servzces completed at the time, and CITY sha11 make prompt payments. If CITY fails to pay ENGINEER within sixty (64) calendar days of the receipt of ENGiNEER'S statement, the amounts due ENGINEER shall increase at the rate of one percent (1%) a manth. ENGINEERmay, after giving seven (7) days written notice to CITY, suspend services until paid. (d) In the event of termination by CITY, ENGINEER shall be entitled to payment for services rendered through receipt of termination notice. (e) "Reimbursable expenses" include, but are not Iimited #o, long distance telephone, postage, equipment, expendables, mileage, subcontractors or special consultants, freight, testing fees, copies, and blaeprints. Where special consultants or subcontractors are used as additional services, the ENGINEER' S reimbursement shali include a service charge equal to 5% of the subcontzactor's invoice amount. 4. Services to be Performed bv CITY: CITY shaJ l: (i) provide ENGINEER with any pzevious studies, reports, data, budget constraints, special OWNER requirements, or other pertinent information known to CITY; (ii) ensure access for the ENGINEER to properties necessary for performance af the ENGINEER' S work; (ui) provide legal, accounting, or insurance consultants, fznancial advisors or other similar specialists as required for the project; (iv) make prompt payments in response to ENGINEER' S statements; and (v) respond in a timely fashion to requests from the ENGINEER. ENGINEER is erztitled to rely upon and use, without independent verification and without Iiability, aIl information and services pravided by CITY or CITY's appointees, or with respect to buried utilities, the utility pzoviding service in the project area. 5. Termination: The obligation to pravide further services under this AGREEMENT may be terminated by either party upon ten (10) calendar days written notice, in the event of substantial failure by the other parry to perform in accordance with the terms hereof. 6. Reuse of Documents: All documents pzepared by ENGINEER are insfruments of service for the specific praject contemplated under this AGREEMENT. They are not intended for reuse on extensians of that proj ect, or on any other proj ect. .Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at CITY's sole risk and without liability to ENGINEER. 7. Notices: Any notzces to be given hereunder by either party to the other may be effected either bypersonal delivery, in writing, or by registered orcertified mail. 8. Sole Parties and Entire AGREEMENT: This AGREEMENT shall not create any rights or benefits to anyone except the CITY an:d ENGINEER, and contains the entire agreement between the parties. Oral modifications to this agreement shall have no force or effect. 9. Texas Law to Applv' 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. Shauld any provisions in this AGREEMENT later be held invalid, illegal or unenforeeable, they shall be deemed void, and this AGREEMENT shall be construed as if such provision had never been contained herein. 10. Other Provisions: The parties hereto further agree as follows: (a) Indeznnification. ENGINEER shall zelease, indenunify and hold CITY and its off'icers, agents and employees harmless fram and against all damager, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including reasonable attorney's fees and expenses, in any wap arising out of, related to, or resulting from the services provided by ENGTNEER but only to the extent caused by the negligent act or omission or intentional wrongful act or omission of ENGINEER, its officers, agents, employees, subcontractors, licensees, invitees or anyother third parties for whom Engineer is legally responsible (hereinafter "Claims"). ENGINEER is expressly required to defend CITY against all such Claims. (b) Any opinian of the probable construction cost prepared by the ENGINEER represents only his judgnent as a design professional and is supplied for the general guidance of tlie CITY. Since the ENGINEER has no control averthe cost of labor and material, or many other factars, the ENGINEER does not imply nor guarantee the accuracy of such opinions. If the OWNER elects to redesign or rebid the project to reduce costs, ENGINEER' S services for such rebidding or redesign shall be additional servaces. (c) The ENGINEER has not been retained oz compensated to pzovide design and construction review services relating to any constructian contractor's safety precautions or to means, methods, techniques, sequences, or procedures required for the contractor to perform his work, but not relating to the final or completed structure. The ENGINEER does not zn any manner guarantee the perFormance ofthe construction contractors. (d) ENGINEER will strive to perfozm services hereunder 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 warran#y or guarantee is included or intended in this AGREEMENT, or in any report, opinion, document, or otherwise. (e) Delivery of Electronic Files - In accepting and utilizing any drawings, zeports and data on any form of electron media from the ENGINEER, Owner agrees that such files are instruments of service of the ENGINEER, solely for this particular Proj ect. The Owner agrees not to reuse these electronic files for any purpose other than of the Project. The Owner agrees to waive all claims against the ENGINEER resulting from any unauthorized changes to or reuse of the electronic files for any other project. 3 Electronic files fuznished by either party shall be subject to an acceptance period of sixty (60) days. After the acceptance period, the electroruc files sha11 be deemed to be accepted and neither party shall have any obligation to correct errors or maintain electronic files. In the event of a conflict between the hard-copy construction documents and record drawings prepared by the ENGINEER and the electronic files, the signed and sealed hard-capy construction documents shall govern. In addition, the CITY agrees, to the fullest extent permitted by law, to release the ENGINEER, its officers, tlirectors, employees and subconsultants against alI damages, 3iabilities or costs, including reasanable attorneys' fees and defense costs,. arising from any changes made by anyone other than the ENGINEER or from any reuse of the electronic files. (f) Independent Contractor. ENGINEER covenants and agrees that ENGINEER is an independent contractoz and not an officer, agent, servant or employee of CITY; that ENGINEER shall have exciusive 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 afficers, agents, employees, contractors, subcontractocs and consultants; that the doctrine of respondeat superior shall not apply as between CITY and ENGINEER, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and ENGINEER. (g) Na Assignment. ENGINEER covenants and agrees that during the term of this agreement, the services to be provided hezeunder remain the soie responsibility of ENGiNEER, and that ENGINEER 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 rvritten consent of CITY. (h) Venue. The parties agree that the laws of the State af 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 af or related to this Agreement shall lie in Lamar County, Texas. 11. Amendments to this contract shall be in writing, and be signed by the appropriate authorized parties for both CITY and ENGINEER IN WITNESS WHEREOF, the parties, having read and understood this AGREEMENT, have executed such in duplicate copzes, each of which shall have fizll dignity and force as an original, on the day of November , 2010. ENGINEER: HAYTER ENGINEERING, INC. 0WNER: CITY OF PARIS By: ~ , ATTEST: By: (Corporate Seal) ATTEST: (Seai) _ aT. . ~ . i.. _ _ __-C~ ,0 :'.CY-..;1. _ 5 EXHIIBIT A Scope of Services m On-site assessment of Lake Gibbons dam. e Hydrologic and hydraulic analysis of Lake Gibbons dam, including breach analysis and inundation map preparation. o Operations and maintenance plan for Lake Gibbons dam. o Surveying af cross sections downstream of dam (approximately 5 lacations). m Determine residences and other critical structures within the inundation area. Collect names, phone numbezs, and addresses for inclusion in the EAP. e Additianal surveying as may be necessitated by the H&H analysis. s Preparation o£the final report complete with recommendations. • Prepare a fmal report and present the findings to the appropriate city afficials. 6 EXHISIT B Schedule of Per Diem Rates March 2009 Persounel Hourly Rates Principals 140.00 Project Managers 115.00 Pro}ect Engineer 80•00 Intern Engineers 75.00 Senior Technicians 6$.00 CAD Technician 45.00 Draftsmen 27.00 Administrative Assistant 42.00 Environmentalist 50.00 On-Site Observer 45.00 Surveyor 85.00 Survey Technician 40.00 Survey Crew - 2 Man Party 85.00 Survey Crew - 3 Man Party 125.00 This Schedule of hourly rates rnay be modified by the ENGINEER at his discretion. Time billed for per diezn rate servzces shall be in mirumum increments of %4 hour. Bn-an W. Shatv, Ph.D., Chctirrrtarz Buddy Garcia, Commissioner Carlos Rubinstein, Co»zmissiorzer TMiark R. Vickery, P.G., Executiue Director TEXAS C0MMISSION ON E\VIRONMENTAL QUALITY Profecting Texus hy Reduciny anrl J'reventing Pollulion December 7, 2010 Michael N. Tibbets, P.E. Project Manager Hayter Enguieering 4445 S.E. Loop 2-86 Paris, TX 75460 Re: Emergency Actian Plans (EAPs) Lake Crook Dam - Inventory No. TXoi84i Lake Gibbons Darn - Inventary No, TXo1840 Dear Mr. Tibbets: On December 6, ?oio, the Texas Commission on Environment Quality (TCEQ) Dam Safety Program received an extension request for the Emergency Action Plan (EAP) for the above referenced dams. In accordance with Title 3o Texas Administrative Code (TAC) Chapter 299 Dams and Reservoirs (effective January i, 2009), the request was reviewed and an extension has been granted. According to 3o TAC §299.61 (d), "If an owner cannot complete the emergency action plan within the two years required in subsection (b) of this section, the owner shall request an extension of time shoti2ng cause or a reasonable basis for the need for an extension and providing a time frame to complete." A complete PDF format of 3o TAC Chagter 299 can be found on the TCEQ website at http: //www.tceq.state.tx.us/rulesl Based on the timeline submitted with your request, the EAP submittal deaclline has beern extended to January i, 2oi2. The TCEQ appreciates your cooperation with the preparation of the EAP. Should you have any questions or concerns, please feel free to contact Diana Wang,P.E. at (512) 239-1372 or Jennifer Garcia, P.E. at C512) 239-0433• Sincerely, Diana H. Wang, P.E. Engineer, Dam Safety Se ion Field Operations Support Division, MC -174 P.O. Sox 13087 Austin, Texas 78711-3057 512-239-1000 lnternet address: Nv\n?w.tceq.state.tx.us