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
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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.
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• 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
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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.
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• 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:
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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.
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NGINEER
By: Jimmy D. Dunham, P.E.
Title: President
CITY OF PARIS
By: G e►IQ. f~~'S~Q rso.~
Title: C 4
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