2001-178-RES APPROVING/AUTHORIZING CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMETN BETWEEN COP AND HAYTER ENG INC
RESOLUTION NO. 2001-178
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN HAYTER ENGINEERING, INC. AND THE CITY OF PARIS
FOR PROFESSIONAL ENGINEERING SERVICES FOR A DRAINAGE
IMPROVEMENT PROJECT EXTENDING FROM E. PRICE STREET TO
SIMPSON STREET; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council has authorized, budgeted, and allocated funds as required to
defray the expense of a drainage improvement project extending from E. Price Street to Simpson
Street within the city limits ofthe city of Paris, Texas; and,
WHEREAS, in order to proceed with said project, it is necessary to retain a qualified
professional engineer to prepare the necessary drawings, design documents, specifications, and
contract documents for construction of the aforesaid project; and,
WHEREAS, the City Council finds and determines that Hayter Engineering, Inc. is qualified
to perform such necessary engineering services in conformance with the desires of the City of Paris;
and,
WHEREAS, the City Council desires to authorize the City Manager to execute a
Professional Engineering Services Contract by and between the City of Paris and Hayter
Engineering, Inc.; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. That the City Manager be, and he is hereby, authorized and directed to execute
and the City Clerk to attest to a Professional Engineering Services Contract by and between the City
of Paris and Hayter Engineering, Inc., a copy of which such Professional Engineering Services
Contract is attached hereto as Exhibit A and for all purposes incorporated herein, to perform
professional engineering services in the design and construction of proposed drainage improvements
extending from E. Price Street to Simpson Street.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 12th day of November, 2001.
~~j(6
Michael J. Pfie , M or
ATTEST:
~~l\)~,"~
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
AGREEMENT FOR PROFESSIONAL SERVICES
i
This AGREEMENT is entered into by the City of Paris, a municipal corporation, acting herein through
its Mayor, duly authorized to act by the City Council, hereinafter called "OWNER", and HAYTER
ENGINEERING, INC, a Texas corporation, acting herein through a duly authorized officer, herein
called "ENGINEER", because OWNER desires ENGINEER'S services in connection with engineering
services for a drainage improvements beginning in the 2300 block of East Price and extending
southeasterly to the 2600 block of Simpson.
WIT N F S SF T H:
For the mutual promises and benefits herein described, the parties agree as follows.
1. T"m1 of AGRFFMFNT 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
perfonned, or until temunated as provided herein.
2 S"rvir,,< to h" P"rfon""rl hy FNGTNFFR: Basic services are detailed in Exhibit B hereto
OWNER may request additional services of any type nonnally rendered by ENGINEER.
These will be called "Additional Services", and compensation shall be detennined as per
Section 3(b) hereof
Basic services during the construction period. if any such services are included in this
AGREEMENT, are understood 10 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. rOl11p"n<M;on of FNG1NFFR: Owner shall pay ENGINEER as follows
(al Basic Services
B 2.2
B 2.3.a
B 23.b
B 2.4
B 2.5
B 2.6
Preliminary Engineering and Design Surveys
Design Phase, Sewer
Design Phase, Drainage
Bidding Phase
Construction Review Phase
Additional Services
$25.100
20,900
51,900
6,900
33,900
32,000
Fees for B 2.2 through B 2.5 are lump sums. B 2.6 is a budgeting estimale only, to be
billed in accordance with Section 3(b).
(b) OWNER shall pay ENGINEER for additional services requested by OWNER, at the
hourly rates on Exhibit A hereto, plus reimbursable expenses.
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EXHIBIT ~
(c) ENGINEER may submit montWy stalements for basic and additional seIvices These
will be based upon ENGINEER'S eslimale of services completed at the lime. and
OWNER shall make prompt payments. If OWNER fails to pay ENGINEER within
sixty (60) calendar days of the receipt of ENGINEER'S statement, the amounts due
ENGINEER shall increase al the rate of one percent (1 %) a month ENGINEER may,
after giving seven (7) days written notice to OWNER, suspend services until paid.
(d) In the evenl oftennination by OWNER, ENGINEER shall be entitled to payment for
services rendered through receipt of tennination notice. ENGlNEER will also be
entitled to payment for all reasonable tennination expenses.
(e) "Tennination expenses" means reimbursable expenses, salaries, and overhead costs due
to termination, including, but not limited to, transfening job records to OWNER,
lermination negotiations, and reassignment of personnel.
"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 consullants or subs are used
as additional services, the ENGINEER'S reimbursement shall include a seIvice charge
equal to 5% of the subcontractor's invoice amount.
4. S~rvi~~, 10 h~ P~rf()rm~d hy OWNFR: OWNER shall: (i) designate a specific person as
OWNER'S representative; (ii) provide ENGINEER with any previous studies, repOlts, data,
budget conslraints, special OWNER requirements, or other pertinent information known to
OWNER; (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 stalements; 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 OWNER or OWNER'S
appointees. or with respect to bUtied utilities, the utility providing service in the project area
5 T~rminMi()n The obligation to provide further services under this AGREEMENT may be
tenninated by either party upon ten (10) calendar days written notice, in the event of substantial
failure by lhe other party to perform in accordance with the terms hereof
6. R~II'~ ()fn()rJIm~nl': 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 OWNER'S sole risk
and without liability to ENGINEER.
7. N()li~~,: Any notices to be given hereunder by either party to the other may be affected either
by personal delivery. in writing, or by registered or certified mail.
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i 8. SCll~ Porti~< onrl Fntir~ AGRFFMFNT: This AGREEMENT shall not create any rights or
benefits to anyone except the OWNER and ENGINEER, and conlains the entire agreement
between the parties. Oral modifications to this agreement shall have no force or effect.
9. T~xo< r ow tCl Apply' SIl~~~<<Clr<' rCln<tnJ~tiCln: 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
conlained herein.
10. Oth~r Pmvi<;Cln<: The parties hereto further agree as follows:
(a) The ENGINEER has not been retained or compensated 10 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 perfonn his work, but not relating to the final or completed structure. The
ENGINEER does not in any manner guarantee the perfonnance of the conslruction
contractors.
(b) ENGINEER will strive to perfoml services hereunder in a manner consistent with that
level of care and skill ordinarily exercised by members of the profession currently
practicing in lhe same locality under similar conditions No other representation.
express or implied, and no warranty or guaranlee is included or intended in this
AGREEMENT, or in any report, opinion, document, or otherwise.
(c) 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 OWNER. 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 OWNER elects to redesign or rebid the project to
reduce cosls, ENGINEER'S services for such rebidding or redesign shall be additional
servIces.
(d) In recognition of the relative risks and benefits of the project to both the OWNER and
the ENGINEER, the risks have been allocated such that the OWNER agrees. to the
tidiest extent permitted by law, to limit the liability of the ENGINEER and his
subcontractors on the project for any and all claims, losses, costs, damages of any
nature whatsoever or claims expenses from any cause or causes, so that the total
aggregate liability of the ENGINEER and his or her subconsultants to all those named
shall not exceed $100,000 or the ENGINEER'S total fee for services rendered on lhis
project, whichever is greater. Such claims and causes include, but are not limited to.
negligence, professional errors or omissions, strict liability, and breach of contract.
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IN WITNESS WHEREOF, lhe 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
II th day of June, 200 I
OWNER CITY OF PARIS, TEXAS
ENGINEER: HAYTER ENGINEERING, INC.
By
By:
ATTEST:
ATTEST:
(Seal)
(Corporate Seal)
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EXHIBIT A
Schedule of Per Diem Rates
January 1,2001
Personnel
Principals
Engineers/Project Managers
Junior Engineers
Senior Technicians
CAD Technician
Draftsmen
Administration Assislant
Environmentalist
On-Site Observer
Surveyor
Survey Technician
Survey Crew - 2 Man Party
Survey Crew - 3 Man Party
Lab Technician
Hourly Rates
125.00
90.00
55.00
40.00
40.00
26.00
34.00
50.00
34.00
85.00
29.00
82.00
110.00
37.00
This Schedule of hourly rates is effective until January 1,2002, and may be modified thereafter by
the ENGINEER, al his discretion.
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EXHmIT B
SERVICES OF ENGINEER
2.1 ""nF>f" I
2.2
2.2.1
:2 2_2
2.2.3
2.2.4
2.3
2.3.1
2.3.2
2.3.3
2.3.4
The Project contemplated herein will consist of replacement of existing sanitary sewers
and storm drainage facilities, excluding existing culverts, using design flows developed
in the City's exisling Drainage Master Plan, from the 2300 block of East Price. south
and east to just north of the 2600 block of Simpson
ENGINEER shall provide for OWNER professional engineering services as hereinafter
provided These services will include providing professional engineering consultation
and advice and furnishing cuslomary civil, struclural, mechanical and electrical
engineering services, and customary architectural services incidental thereto
Pn~limin~ry f)p:~ion Ph::.c;.p
~
Consult wilh OWNER to clarity and define OWNER'S requirements for the Project and
review available data.
Advise OWNER as to the necessity of OWNER providing or obtaining from others,
data or services outside those of ENGINEER described herein. and assist OWNER in
obtaining same.
Identity and analyze requirements of governmental authorities having jurisdiction to
approve the design of the Project and participate in consultations with such authorities.
Provide topographic type surveying necessary for the design of the project.
Fin~1 nf>s,i~n Ph~c;.p' Or::lwinElO: ::Inn Spp:r.ifir::.tjon Ph:-l"p:
Prepare final drawings to show the general scope, extent and character of the work of
CONTRACTOR ("Drawings"), and Technical Specifications
Provide technical data for OWNER'S use in obtaining approval of governmental
authorities having jurisdiction to approve the design of the Project, and assist OWNER
in consultations with said approval authority.
Advise OWNER of any adjustments to the latest opinion of probable Total Project
Cosls.
Prepare for review and approval by OWNER, its legal counsel and other advisors,
contract agreement forms, general conditions, and supplementary conditions, and bid
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forms, invitations to bid and instructions to bidders, and assisl in the preparation of
olher related documents.
2.3.5 Furnish one copy of the above documents and of the Drawings and Specifications and
present and review them with OWNER.
2.4 Rinnine
2.4.1 Assist OWNER in advertising for bids for a single prime contract for the Work.
2.4.2 Prepare addenda as appropriate 10 interpret, clarifY or expand the Bidding Documents
2.4.3 Attend the bid opening, prepare bid tabulation sheets, and recommend an award if deemed
appropriate.
2.5 rnn,,-tnlrtlnn Ph::1"p'
2.5.1 ENGINEER shall consult, advise, and act as OWNER'S representative as provided in the
construction conlract. All of OWNER'S inslructions to CONTRACTOR will be issued through
ENGINEER who will have authority to act on behalf of OWNER to the extent provided in said
construction contract.
2.52 In connection with observations of the work of CONTRACTOR while it is in progress
2.5.21 ENGINEER shall make visits to the site at intervals ENGINEER deems necessary, in order to
observe the progress and quality of the CONTRACTOR'S work. Based on information
obtained during such visits and on such observations, ENGINEER shall endeavor to determine
in general. if such work is proceeding in accordance with the contract documents.
2.5.2.2 If requested by OWNER or recommended by ENGINEER and agreed to in writing by
OWNER, an on-site observer will be furnished, to act as directed by ENGINEER in order to
assist ENGINEER in observing performance of the work. Such services will be paid for as per
Section 3b The duties and responsibilities and the limitations on the authority of the on-site
observer will be set forth in a separate exhibit which is to be made a part of this Agreement
before such services begin.
2.5.2.3 ENGINEER'S visits to, and representation by the on-site observer at the site, will enable
ENGINEER to better carry out the duties and responsibilities assigned to ENGINEER during
the Construction Phase, and, by exercise of ENGINEER'S efforts as an experienced and
qualified design professional, provide OWNER a greater degree of confidence that the
completed work of CONTRACTOR will conform generally to the contract documents.
ENGINEER shall not, however, during such visits or as a result of such observations, supervise,
direct or have control over CONTRACTOR'S work, nor shall ENGINEER have authority over
or responsibility for the means, methods, techniques, sequences or procedures or construction
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selected by CONTRACTOR or for safety precautions and programs incident to the work. or for
any failure of CONTRACTOR to comply with laws, regulations, codes or orders applicable to
CONTRACTOR'S work Accordingly, ENGINEER can neither guarantee the performance of
the construction contracts by CONTRACTOR, nor assume responsibilily for CONTRACTOR'S
failure to furnish and perform their work in accordance with the contract do1cuments
2.5.3 IntPrprf't:::ttinn<::. ~nci rl:::trit1r.Minn<::.
ENGINEER shall issue necessary interpretations and clarifications of the contract documents and
in connection therewith prepare work directive changes and change orders. as required.
2.5.4 Shop Drawing< /I; SlIh<titlltP.<
ENGINEER shall review or take appropriate action, on substitute materials proposed by
CONTRACTOR, shop drawings, samples and other data which CONTRACTOR is required to
submil, but only for general conformance with the design concept of the project and the information
given in the contract documents. Such review shall not extend to means, methods, techniques,
sequences or procedures of construction or to safety precautions and programs incident thereto.
2.5.5 In"rpr.tinn" :::Inri Tp"-t,
ENGINEER shall have authority, as OWNER'S representative, to require special inspection or testing
of the work, and shall receive and review all certificates of inspections, testing and approvals required
by laws, regulations, codes, orders or the contract documents, to determine generally that their content
complies with the requirements of, and the results certified indicate compliance with, the contraL'!
documents.
2.5.6 ni<plltp.< hp.twp.p.n OWNFR ann rONTRArTOR
ENGINEER shall act as initial interpreter of the contract documents and judge of the acceptabilitv of
the work, and make decisions on all claims of OWNER and CONTRACTOR relating to the
acceptability of the work or the interpretation of the requirements of the contract documents.
ENGINEER shall not be liable for the results of any such interpretations or decisions rendered in good
t~lith.
25.7 Application< Inf Paymp.nt
Based on ENGINEER'S observations as an experienced and qualified design professional, on
informalion provided by the on-site observer and on review of applications for payment and the
accompanying data and schedules; ENGINEER shall determine the amount owed to CONTRACTOR
and recommend in writing payments to CONTRACTOR. This recommendation will constitute a
representation to OWNER that the work has progressed to the point indicated, and that, to the best of
ENGINEER'S knowledge, information and belief, the quality of such work is generally in accordance
with the contract documents However, ENGINEER will not thereby be deemed to have made
exhaustive, continuous or detailed reviews or examinations to check the quality or quantity of
CONTRACTOR'S work as it is furnished, beyond the responsibilities specitically assigned III
ENGINEER in this Agreement and the contract documents. ENGINEER'S review of
CONTRACTOR'S work for the purpose of recommending payments will also not impose
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responsibilily on ENGINEER to make any examination to ascertain how or for what purposes
CONTRACTOR has used the monies paid on account of the contract price, or to determine that title
to any of the work, materials or equipment has passed to OWNER free and clear of any lien, claims,
security interesls or encumbrances, or lhat there may not be olher matters at issue between OWNER
and CONTRACTOR that might affect the amount that should be paid.
2.5.8 Jnsrp~ti()ns
ENGINEER shall conduct an inspection to determine if the work is substantially complete. and a tinal
inspection to determine if the completed work is acceptable, so that ENGINEER may recommend final
payment to CONTRACTOR. Any such recommendation is subject 10 the limitations expressed earlie,
herein
2 5.9 T imit::ttinn of R p.~r()n",ihilitip",
ENGINEER shall not be responsible for the acts or omIssIons of any CONTRACTOR, or its
subcontractor, supplier, or any of the CONTRACTOR'S or subcontraclor's suppliers, agents or
employees, or any other persons (except ENGINEER'S own employees and agents) at the site or
otherwise furnishing or performing any of the CONTRACTOR'S work; however, nothing contained in
this section shall release ENGINEER from liability for failure to properly perform duties and
responsibilities assumed by ENGINEER in the contract documents.
SFrTlON 7 11 _ AOmTlONAJ FNGTNFFRING SFRVTlFS
The following "additional services" are known to be required at the time of this agreement. and are
authorized at per diem rates shown as Exhibit A These and other "additional services" which may be
added as required will be paid for as additional services in accord with Section 3b.
2.6. I Crossing Pennils - ENGINEER will assist OWNER in obtaining permils required for
construction on railroad or highway right-of-way, including preparation of necessary forms, and
liaison with TxDOT. OWNER will pay any permit fees levied.
2.6.2 Record Drawings - ENGINEER will compile for client a set of record drawings, showing data
furnished to the ENGINEER by CONTRACTOR or OWNER, and provide two sets of prinls
(and one reproducible copy).
2.63 Other Permits - ENGINEER will assist in preparing documentation for environmental or
construction permits, such as 404 permits or other statelfederal permits, as requested by
OWNER.
26.4 Easement and Boundary Surveys - ENGINEER will provide, if requested, a registered land
surveyor and support personnel to prepare field notes and plats and stake proposed or existing
easements or fee-simple acquisitions,
2.6.5 Construction Materials Testing - Quality assurance testing of soil compaction, concrete and
similar materials as construction progresses.
2.6.6 Extended or numerous meetings beyond those normally encountered in a project of this nature.
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including public hearings, utility negotlatlons, assistance In negotiating right-ot~way,
condemnation or other legal proceedings, or similar.
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