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2011-093 RES ACCEPTING PROPOSAL FROM DUNHAM ENG FOR DESIGN AND INSPECTION PROFESSIONAL SERVICES FOR REHABILITATION OF EASTSIDE WATER STORAGE TANKRESOLUTION NO. 201> -093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE PROPOSAL FROM DUNHAM ENGINEERING, INC. FOR DESIGN AND INSPECTION PROFESSIONAL SERVICES FOR THE REHABILITATION OF THE EASTSIDE ELEVATED WATER STORAGE TANK; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris did heretofore, send out requests for qualifications to seven Engineering Firms for design and inspection Professional Services related to the rehabilitation of the City's Eastside Elevated Storage Tank. The City received proposals from five firms: Dunham Engineering, Freese and Nichols Engineering, Hayter Engineering, Neel-Schaffer, and Tank Industry Consultants; and WHEREAS, the City Engineer, director of Public Works and Director of Water Utilities reviewed all proposals submitted and they agree that the proposal that provides the best qualifications, experience and value to the City of Paris was submitted by Dunham Engineering; and WHEREAS, the proposal providing the best value to the City of Paris was received from Dunham Engineering for in the amount of $90,000.00 which includes both design and inspection services; and WHEREAS, the City Manager is authorized to negotiate and execute a Contract Agreement with Dunham Engineering, Inc., for the Rehabilitation of the Eastside Elevated Water Storage Tank, on behalf of the City of Paris, in accordance with the proposal attached hereto as Exhibit "A". 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 Dunham Engineering, Inc., for design and inspection services related to the rehabilitation of the East Elevated Storage Tank, in the City of Paris is hereby accepted as the proposal providing the best value to the City of Paris upon said contractor meeting all of the terms and specifications included in the Agreement, Contract Documents, Bid Documents and Project Specifications for the rehabilitation of the East Elevated Storage Tank, referred herein as Exhibit "A" and timely execution of a written contract with the City of Paris. Section 3. That the City Manager of the City of Paris, be, and he is hereby authorized and directed to negotiate and execute a contract on behalf of the City of Paris with Dunham Engineering, Inc. for design and inspection services related to the Rehabilitation of the East Elevated Water Storage Tank, in accordance with the proposal attached hereto as Exhibit .,A» Section 4. That this Resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 12th day of DeVember, 4011, ATTEST: ice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McI City Attorney A.J. Ha'shmi, M . ayor 1 E~ )ET~4 b.mW / ~ DUNHAM ENGINEERING, INC. www. Dunham Enqineerinq.com Texas Registration Number: F- 002253 13141 Hill Rd., College Station, TX 77845 Letter of Agreement Phone: (979) 690-6555 Fax: (979) 690-7034 This is an Agreement made as of DECIIMBER 12. , 2011 between the City of Paris, Texas hereinafter known as the CITY and Dunham Engineering, Inc. of College Station, Texas hereinafter known as the ENGINEER. The CITY intends for the ENGINEER to perform professional engineering services in the design and construction management of the WORK. The WORK is defined as the rehabilitation of the East Elevated Water Storage Tank located in the 600 block of 25th Street NE, Paris, Texas. The rehabilitation project will include replacing the interior and exterior protective coating systems and performing minor structural repairs. The exterior coating system has lead content greater than 1% by weight. Per TCEQ Rules and Regulations, containment and lead abatement is required for protection of the environment when the exterior coatings are removed. The engineering services will generally be performed in accordance with the Project Approach included in the ENGINEER'S Statement of Qualifications dated October 31, 2011, and the recommendations of the ENGINEER'S Report of Inspection dated June 21, 2007. Based on the 2007 Report of Inspection, estimated construction cost of the WORK is expected to be between $550,000 and $650,000. PHASE I - DESIGN The ENGINEER agrees to complete an initial inspection and evaluation of the structure and deliver a Report of Inspection to the OWNER within 30 days of the date of this agreement. The Report of Inspection shall include a recommended scope of work, as well as budget and schedule estimates. The following services will be performed as part of the initial inspection and evaluation: • Inspect tank per AWWA D101 - Inspection and Repair of Steel Water Tanks and Chapter 290 of the TCEQ Rules and Regulations. o All appropriate personal protective equipment (PPE) will be used. o Prior to entry, the interior atmosphere will be tested with an electronic air monitor to ensure that the interior of the tank does not have a hazardous atmosphere per OSHA 1910.146. • Perform ultrasonic thickness (UT) testing on selected steel surfaces. • Perform adhesion testing per ASTM 3359 on exterior coatings. • Provide written report with pictures of interior and exterior surfaces. I1 1 • Provide recommended scope of work for rehabilitation project with schedule and budget estimates. • Owner to provide access to the tank for a 3-man inspection team via a man lift. The ENGINEER agrees to prepare the design, produce engineering plans and specifications, prepare the contract documents, advertise for bids to selected contractors and recommend award of a lump sum construction contract to complete the WORK for the CITY. The ENGINEER agrees to provide a draft set of contract documents to the CITY for review and approval no later than 30 days from the date of the Report of Inspection. The ENGINEER agrees to finalize the documents and advertise the WORK to selected contractors for bid within 30 days after receipt of CITY'S comments and approval. The CIT1' agrees to advertise in the newspaper of record as required by the CITY'S rules and by-laws. The ENGINEER agrees to assist the CITY in opening and reviewing bids and recommending a contractor for award. PHASE II- CONSTRUCTION The ENGINEER agrees to periodically inspect the contractor during the construction period to ensure contract compliance. Inspections will be performed on a hold-point basis. No work will progress beyond the designated hold-point until approved by the ENGINEER. The following hold-points are expected to be designated in the Project Specification: (1) Lead monitoring and abatement procedures in followed. (2) All welding repairs completed prior to painting. (3) Containment erection completed. (4) Surface contaminants removed as necessary. (5) Blast profile obtained and degree of blast completed. (6) Prime coat completed. (7) Stripe coat completed. (S) 1St Intermediate coat completed. (9) 2nd Intermediate coat completed. (10) Finish coat completed. (11) Holiday detection test of interior completed. (12) Cure test of interior completed. place and being 2 The ENGINEER agrees to process Contractor progress payments and recommend payment by the OWNER. The ENGINEER agrees to prepare and process Contract Change Orders as required during the course of the construction contract. The ENGINEER agrees to conduct a final inspection of the WORK and to recommend final payment for the CONTRACTOR when the WORK is completed The ENGINEER agrees to schedule and conduct a one year warranty inspection of the WORK prior to the end of the warranty period and to coordinate completion of any required warranty repairs. In consideration of the above services, the CITY agrees to compensate the ENGINEER in accordance with the following schedule: Phase I - Design • Total fee of $60,000 - Partial payments due as follows: 0 25% when initial Report of Inspection is provided to CITY. 0 25% when draft contract documents, plans and specifications are provided to CITY. 0 50% when contractor recommended for award. Phase II - Construction • Total fee of $30,000 - Partial payments due as follows: 0 25% when contractor mobilizes 0 25% when contractor is 50% complete 0 50% when contractor completes work and tank is returned to service • Indemnification. ENGINEER shall release, indemnify and hold CITY and its 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. 3 • 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 CIT1' and ENGINEER. • 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. • 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. • Insurance Requirements. ENGINEER agrees to meet all insurance requirements set out below, and to require all consultants and/ or sub-consultants who perform work for ENGINEER on this Project to meet these insurance requirements as well: • ENGINEER shall maintain insurance for this Project in accordance with the following required coverage types and amounts, and upon request shall provide a copy of the insurance policy or 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 and licensed to write insurance policies in the State of Texas: 4 Professional Liability $1,000,000 per occurrence and in the aggregate Commercial Auto Liability $500,000 per occurrence/$1,000,000 aggregate Workers CompensaHon State required minimum limits • Termination. This Agreement may be terminated for cause by either party following prior written notice of default delivered to the breaching party and upon the breaching party's failure to correct the default within twenty (20) days following receipt of the notice of default. This Agreement may also be terminated by City for convenience upon ten (10) calendar day's written notice to ENGINEER. In such event, CITY will pay ENGINEER for all services rendered by ENGINEER and accepted and approved by City up through the date of termination. Upon notice of termination, ENGINEER shall turn over all documents, drawings, computer files, reports, tests, graphs, permits, photographs, videotape and all other documents related to the Project to the City of Paris within five (5) business days following request from City. 1 NGINEER By: Jimmy D. Dunham, P.E. Title: President CITY OF PARIS By: G e►IQ. f~~'S~Q rso.~ Title: C 4 5