24-APPROVING AGREEMENT WITH HAYTER ENGINEERING AT PAY MAYSE LAKECITY COUNCIL AGENDA ITEM BRIEFING SHEET
JubrYUttal 0ate:
8-12-11
Council Date:
Department:
Finance
8-22-11 1
RECOMMENDED MOTION:
Agenda Item No.:
24.
Motion to approve an agreement for professional engineeriizg services to study the feasibility of upgrading the raw
water pump station at Pat Mayse Lake.
POLICY ISSUE(S):
Financial management.
There are numerous issues that need to be addressed concerning the raw water pump station at Pat
Mayse Lake. For example, the current flow rate from Pat Mayse to the water treatment plant is 26 MGD.
This is only half of the 55 MGD that the City has the right to take from the lake. As it exists now, there
is only a single electric feed to the station. If this power is lost, an immediate shut down of large water
users must begin immediately. Other potential problems are outlined in the attached letter from Mike
Tibbets. This agreement would address only the preliminary phase engineering of any project that might
develop.
This request to proceed is prompted by preliminary discussions with a local industry for the purchase of
raw water. It would not be prudent to enter into a contract to supply significant raw water quantities
without addressing these issues. This is a non-budgeted project and may require a budget amendment at
a later time.
iSUARll/ C;OMMISSION KECOMMENDATION:
None
r, XHIBITS:
Resolution; Agreement
AUI '
UDGET NFO:
❑
Financial Report ❑ Minute Order
D
Expense
$NA
❑
epartment Report ~ Resolution
❑ Present
ti
❑ O
di
Budgeted Amt
$NA
a
on
❑ Public Hearin
❑
n
nance
Oth
r
yTD Actual
$NA
g
e
Acct Name
NA
Acct Number
NA
r1sC:AL iVOTES:
None
KEVIEWED AND APPROVED BY:
Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance
❑ Municipal Court Z Legal ❑ Libraxy ❑ Police ❑ Eng./Public Works ❑ Utilities
❑ Fire
Presented By:
Gene Anderson
City of Paris Revised 2/04/08
-Y 183
DRAFT
s:attorney\reswork\raw water pump statlon 8-22-11
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS;
AUTHORIZING AND APPROVIIVG AN AGREEMENT WITH HAYTER
ENGINEERING, INC. TO STUDY THE FEASIBLILITY OF UPGRADING THE
RAW WATER PUMP STATION AT PAT MAYSE LAKE; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, there are numerous issues that need to be addressed concerning the
raw water pump station at Pat Mayse Lake. The current flow rate from Pat Mayse to the
water treatment plant is 26 MGD, half of the 55 MGD that the City has the right to take from
the lake. There is only a single electric feed to the station. If this power is lost, an
immediate shut down of large water users must begin immediately. Other potential
problems are outlined in the letter from Mike Tibbets, attached hereto as Exhibit "A".
WHEREAS, this request to proceed is prompted by preliminary discussions with a
local industry for the purchase of raw water. It would not be prudent to enter into a
contract to supply significant raw water quantities without addressing these issues.
WHEREAS, the agreement for professional services attached hereto as Exhibit "B",
should in all things, be approved, and the City Manager should be authorized to execute all
necessary documents related to this Proposal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 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. that the City Manager be, and is hereby directed and authorized to
execute an Agreement for Professional Services with Hayter Engineering, Inc. for
preliminary phase engineering related to upgrading of the pump station at Lake Pat
Mayse, in a form similar to the contract proposal attached hereto attached as Exhibit "B".
Section 3. This resolution shall be effective immediately upon passage.
184
DULY PASSED AND APPROVED this 22nd day of AUgust, 2011.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
185
HAYTER
ENGINEERING, INC.
CONSULTANTS PLANNERS ENGINEERS
June 8, 2011
Mr. Doug Harris, Director of Utilities
City of Paris
P.O. Box 9087
Paris, Texas 75461-9037
Re: Raw water pump station upgrade
Proposal for engineering services
Mr. Harris
4445 S.E.LOOP 286
PARIS,TEXAS 75460
(903) 785-0303
FAX (903) 785-0308
This letter is a follow-up on our meeting of Thursday May 26, 2011 concerning the above-
referenced project Thank you for selecting Hayter Engineering based on our ability and
experience to provide you with a proposal for the services necessary to perform a feasibility
analysis.
It is my understanding that you wish to investigate the feasibility of upgrading the existing raw
water pump station at Pat Mayse Reservoir. A summary of the present situation is as follows:
• Presently the existing raw water pump station currently consists of four vertical turbine
pumps--two 250 HP pumps and two 400 HP pumps.
• Only one pump is controlled by a variable frequency drive (VFD) controller.
• The total available flowrate is 26 MOD.
• One pump is dedicated to supply Lamar Power Partners.
• There is a possibility that Daisy Dairy may want several million gallons of raw water per
day from the LPP pipeline, which in tum will place additional demands on the raw water
pumping system.
After our site visit and discussions with you and your staff, as well as our electrical engineer
John Cleary, it is my understanding that you have asked for the following components to be
included in the report:
• Look into the feasibility of installing enough pumping capacity to bring the flowrate up to
36 MOD for the city plus 8 MOD for Lamar Power Partners, for a total of 44 MOD. This
would be Phase I
• Look into the feasibility of installing enough additional pumping capacity to bring the
flowrate total up to 55 MOD (Phase II). This total capacity would equal the maximum
amount of water that can be drawn from the reservoir on a daily basis per the water rights
permit
Service Since 1957
TBPE F 000315
EXHIBIT- -
186
• Compare the cost of installing a generator compared to the cost of bringing in a separate
electrical feed.
• Look at the feasibiliry of installing VFD's on all pump inotors, whether new motors or
existing motors.
• Look at the feasibility of installing a wireless communication link between the WTP and
the pump station to abandon the existing phone line.
• See if the two existing transmission lines (30" and 36") can transport 55 MGD without
exceeding the design operating capaciry.
• Look into the size of a new building that would be required for all of the new electrical
coinponents described above.
• Consider dredging away from the base of the intake structure (The very lowest opening,
gate #4, is covered with silt and gate #3 is halfway covered already). Consider the
feasibility of dredging a trough from the intake structure out to deeper water.
• Consider replacing all of the original 1960's era gates on the intake structure.
• Provide cost projections for all phases of all work.
• Investigate the type of environinental impacts and associated permits that would be
required.
Our proposal to provide these services is $34,995. We would be able to start work within 3
weeks of your approval, and we anticipate coinpletion in about 6 months.
A Professional Services Contract is included for your review. If it meets with your approval,
please have it signed by the appropriate authorized city officials and return a copy for our
records.
Again, we appreciate the opportunity to be of service. Please give me a call if you have any
questions.
Sincerely,
HAYTER ENGINEERING
Michael N. Tibbets, P.E.
Project Manager
attachment: Professional Services Agreement
MNT: mnt
2
- - 18'7
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT 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
services in connection with engineering services for the Raw Water Pump Station Renovation
project.
WI TN ESSETH:
For the mutual promises and benefits herein described, the parties agree as follows:
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 herein 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 attached letter from Hayter Engineering to Director of Utilities
Doug Harris dated June 8, 2011. 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 engineering, design and construction period, if any such services
are included in this AGREEMENT, are understood to be for the time of completion
initially specified in the corresponding 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, will be deemed additional services.
3. Compensation of ENGINEER: Owner shall pay ENGINEER as follows:
(a) Preliminary Phase Engineering, $34,995.
(b) CITY shall pay ENGINEER for additional services requested by CITY, at the hourly
rates on Exhibit A 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 prompt payments. If CITY fails to pay ENGINEER within sixty
(60) calendar days of the receipt of ENGINEER'S statement, the amounts due
ENGINEER shall increase at the rate of one percent (1 a month. ENGINEER may,
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.
1
~ - - 188
ExHi~IT
(e) "Reimbursable expenses" include, but are not limited to, long distance telephone,
postage, equipment, expendables, mileage, subcontractors or special consultants,
freight, testing fees, copies, and blueprints. Where special consultants or
subcontractors are used as additional services, the ENGINEER'S reimbursement
shall include a service charge equal to 5% of the subcontractor's invoice amount.
4. Services to be Performed by CITY: CITY shall: (i) designate a specific person as CITY 's
representative; (ii) provide ENGINEER with any previous studies, reports, data, budget
constraints, special CITY requirements, or other pertinent information known to CITY; (iii)
ensure access for the ENGINEER to properties necessary for performance of the
ENGINEER'S work; (iv) provide legal, accounting, or insurance consultants, financial
advisors or other similar specialists as required for the project; (v) make prompt payments in
response to ENGINEER'S statements; and (vi) respond in a timely fashion to requests from
the ENGINEER. 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 service 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 of
substantial failure by the other party to perform in accordance with the terms hereof.
6. Reuse of Documents: All documents prepared by ENGINEER are instruments of service for
the specific project contemplated under this AGREEMENT. They are not intended for reuse
on extensions of that project, or on any other project. 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 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.
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 no force or effect.
9. 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 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) Indemnification. ENGINEER shall release, indemnify and hold CITY and its
2
1 . 189
officers, agents and employees harmless from and against all damages, 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
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 ENGINEER, its officers, agents, employees, subcontractors,
licensees, invitees or any other third parties for whom Engineer is legally responsible
(hereinafter "Claims"). ENGINEER is expressly required to defend CITY against all
such Claims.
(b) Any opinion of the probable construction cost prepared by the ENGINEER represents
only his judgment as a design professional and is supplied for the general guidance of
the CITY. Since the ENGINEER has no control over the cost of labor and material,
or many other factors, the ENGINEER does not imply nor guarantee the accuracy of
such opinions. If the CITY 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 compensated 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 perform his work, but not relating to the final or completed
structure. The ENGINEER does not in any manner guarantee the performance of the
construction contractors.
(d) ENGINEER will strive to perform 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 warranty 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, reports and
data on any form of electron media from the ENGINEER, CITY agrees that such files
are instruments of service of the ENGINEER, solely for this particular Project. The
CITY agrees not to reuse these electronic files for any purpose other than of the
Project. The CITY agrees to waive all claims against the ENGINEER resulting from
any unauthorized changes to or reuse of the electronic files for any other project.
Electronic files furnished by either party shall be subject to an acceptance period of
sixty (60) days. After the acceptance period, the electronic files shall be deemed to be
accepted and neither pariy 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-copy construction documents shall govern.
3
1 1 190
In addition, the CITY agrees, to the fullest extent permitted by law, to release the
ENGINEER, its officers, directors, employees and subconsultants against all
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 t6e work performed hereunder and aIl persons perfornung same, and shall be
responsible for the acts and omissions of its officers, agents, employees, contractors,
subcontractors and consultants; that the doctrine of respondent superior shall not
apply as between CITY and ENGINEER, ats 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) No Assignment ENGINEER covenants and agrees that during the term of this
agreement, the services to be provided hereunder zemain the sole responsibility of
ENGINEER, and that ENGINEER shail 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.
(h) 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 L,amar 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 duplicatc copies, each of which shall have full dignity and ferce as an original, on
the day of , 2011.
ENGINEER: HAYTER ENGINEERING, INC. CITY: CTTY OF PARIS
By:
ATTEST:
By:
ATTEST:
(Corporate Seal)
(Seal)
4
191
EXHIBIT A Schedule of
Per Diem Rates June 2010
Personnel Hourly 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
42.00
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 may be modified by the ENGINEER at his discretion. Time billed for
per diem rate services shall be in minimum increments of Y4 hour.
- - 19
HAYTER
ENGINEERING, INC.
CONSULTANTS PLANNERS ENGINEERS
June 8, 2011
Mr. Doug Harris, Director of Utilities
City of Paris
P.O. Box 9087
Paris, Texas 75461-9037
Re= Raw water pump station upgrade
Proposal far engineering services
Mr. Harris
4445 S.E.LOOP 286
PARIS, TEXAS 75460
(903) 785-0303
FAX (903) 785-0308
This letter is a follow-up on our meeting of Thursday May 26, 2011 concerning the above-
referenced project Thank you for selecting Hayter Engineering based on our ability and
experience to provide you with a proposal for the services necessary to perform a feasibility
analysis.
It is my understanding that you wish to investigate the feasibility of upgrading the existing raw
water pump station at Pat Mayse Reservoir. A summary of the present situation is as follows:
• Presently the existing raw water pump station currently consists of four vertical turbine
pumps--two 250 HP pumps and two 400 HP pumps.
• Only one pump is controlled by a variable frequency drive (VFD) controller.
• The total available flowrate is 26 MOD.
• One pump is dedicated to supply Lamar Power Partners.
• There is a possibility that Daisy Dairy may want several million gallons of raw water per
day from the LPP pipeline, which in tum will place additional demands on the raw water
pumping system.
After our site visit and discussions with you and your staff, as well as our electrical engineer
John Cleary, it is my understanding that you have asked for the following components to be
included in the report:
• Look into the feasibility of installing enough pumping capacity to bring the flowrate up to
36 MOD for the city plus 8 MOD for Lamar Power Partners, for a total of 44 MOD. This
would be Phase I
• Look into the feasibility of installing enough additional pumping capacity to bring the
flowrate total up to 55 MOD (Phase II). This total capacity would equal the maximum
amount of water that can be drawn from the reservoir on a daily basis per the water rights
permit
Service Since 1957
TBPE F-000315
it EXHIBIT°`'. - 193
• Compare the cost of installing a generator compared to the cost of bringing in a separate
electrical feed.
• Look at the feasibility of installing VFD's on all pump motors, whether new motors or
existing motors.
• Look at the feasibility of installing a wireless communication link between the WTP and
the pump station to abandon the existing phone line_
• See if the two existing transmission lines (30" and 36") can transport 55 MGD without
exceeding the design operating capacity.
• Look into the size of a new building that would be required for all of the new electrical
components described above.
• Consider dredging away from the base of the intake structure (The very lowest opening,
gate #4, is covered with silt and gate #3 is halfway covered already). Consider the
feasibility of dredging a trough from the intake structure out to deeper water.
• Consider replacing all of the original 1960's era gates on the intake structure.
• Provide cost projections for all phases of all work.
• Investigate the type of environmental impacts and associated permits that would be
required.
Our proposal to provide these services is $34,995. We would be able to start work within 3
weeks of your approval, and we anticipate completion in about 6 months.
A Professional Services Contract is included for your review. If it meets with your approval,
please have it signed by the appropriate authorized city officials and return a copy for our
records.
Again, we appreciate the opportunity to be of service. Please give me a call if you have any
questions.
Sincerely,
HAYTER ENGINEERING
Michael N. Tibbets, P.E.
Project Manager
attachment: Professional Services Agreement
MNT: mnt
2
194