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2011-071 RES AUTHORIZING & APPROVING AGREEMENT WITH HAYTER ENG TO STUDY RAW WATER PUMP STATION AT PAT MAYSE LAKERESOLUTION NO. 2011-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; AUTHORIZING AND APPROVING 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. DULY PASSED AND APPROVED this 22nd day of August, 2011. ATTEST: . )ice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlya , C ty Attorney 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 S 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-000395 1 a,XHIBIT ~ • 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. Proj ect Manager attachment: Professional Services Agreement MNT: mnt 2 AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is entered into by the City of Paris, a home-rule municipal corporation hereinaftei- 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 at Lake Pat Mayse (hereinafter "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 seivices 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, for any undisputed amounts due, Engineer may charge CITY interest of one-half percent (.50%) per month on undisputed amounts past due. 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 11 I} EXHIBtTF_~ (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 far 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 Anply• 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 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, ar 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 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-copy construction documents shall govern. 3 In addition. the CITY agrees, to the extent permitted by law, to release the ENGINEER, its officers, directors, employees and sub-consultants from all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising from any unauthorized changes made by CITY or CITY personnel to ENGINEER'S designs, drawings, or other electronic files prepared by Engineer in the Project and/or any unauthorized reuse of the Project electronic files on any other project unrelated to the Project made the subject ofthis Agreement (t) 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 all persons performing 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, 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) No Assignment. ENGINEER covenants and agrees that during the term of this agreement, the services to be provided hereunder remain the sole 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 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 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 copies, each of which shall have full dignity and force as an original, on the day of , 2011. ENGINEER: HAYTER ENGINEERING, 1NC. CITY: CITY OF PARIS By: By: Gene Anderson, Interim City Manager Attest: (Corporate Seal) Attest: (Seal) 4 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 Environinentalist 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.