2000-158-RES APPROVING AND AUTHORIZING AN ENGINEERING
RESOLUTION NO. 2000-158
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING AN ENGINEERING
SERVICES AGREEMENT WITH HAYTER ENGINEERING FOR DESIGN
OF THE PRO RATA SANITARY SEWER EXTENSION FOR THE COPE
ADDITION; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 99-085,
passed and adopted on the 12th day of July, 1999, approve the project known as the "Pro Rata
Sanitary Sewer Extension for the Cope Addition"; and,
WHEREAS, the City of Paris is in need of engineering services in furtherance of the
aforesaid sanitary sewer extension project, and Hayter Engineering has made a proposal for such
services which have been incorporated into a contract, the form of which is attached hereto as
Exhibit A, and said contract should, in all things, be approved, and the Mayor should be authorized
to execute the same; 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 of this resolution are hereby in all things
approved.
Section 2. That an engineering services agreement with Hayter Engineering for design of
the "Pro Rata Sanitary Sewer Extension for the Cope Addition" Project, a copy of which is attached
hereto as Exhibit A, be, and the same is hereby, in all things approved.
Section 3. That the Mayor be, and he is hereby, authorized and directed to execute, on behalf
of the City of Paris, the contract with Hayter Engineering, under the terms and conditions and in the
form shown in Exhibit A, attached hereto.
Section 4. That this resolution shall be effective from and after the date of passage.
PASSED AND ADOPTED this 13th day of November, 2000.
~~~ -<
~~ Gl 'j/
Michael J. Pfiest ,May.
ATTEST:
~~'"'Dt~.
Mattie Cunningham, City Clerk
... ~ (L_ ..)
'\
Larry w,. Schenk, City Attorney
AGREEMENT FOR PROFESSIONAL SERVICES
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 sanitary sewer extensions to the Cope Addition.
WIT N E SSE T H:
For the mutual promises and benefits herein described, the parties agree as follows:
1. 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 by ENGINEER: Basic services are detailed in Exhibit B hereto.
OWNER 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 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 ofthe CONTRACTOR to
complete on time, will be deemed additional services.
3.
Compensation of ENGINEER:
Owner shall pay ENGINEER as follows:
(a) Basic Services:
Section 2.2 - Preliminary Design - $4,900
Section 2.3.1 - 2.3.5 - Final Design - $39,500
Section 2.5 - Construction Review - $18,700
(b) OWNER shall pay ENGINEER for additional services requested by OWNER., 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
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
Page I of 10
EXHIBIT A
ENGINEER shall increase at 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 event oftermination by OWNER, ENGINEER shall be entitled to payment for
services rendered through receipt of termination notice. ENGINEER will also be
entitled to payment for all reasonable termination expenses.
( e) "Termination expenses" means reimbursable expenses, salaries, and overhead costs
due to termination, including, but not limited to, transferring job records to OWNER,
termination 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 consultants or subs 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 OWNER: OWNER shall: (i) designate a specific person as
OWNER's representative; (ii) provide ENGINEER with any previous studies, reports, data,
budget constraints, 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 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 OWNER or
OWNER'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 OWNER'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.
Page 2 of 10
8. Sole Parties and Entire AGREEMENT: This AGREEMENT shall not create any rights
or benefits to anyone except the OWNER 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) 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.
(b) 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.
(c) Any opinion of the probable construction cost prepared by the ENGINEER represents
only his judgement 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 costs, ENGINEER's services for such rebidding or redesign shall be additional
services.
(d) In recognition of the relative risks and benefits ofthe project to both the OWNER and
the ENGINEER, the risks have been allocated such that the OWNER agrees, to the
fullest 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 ofthe 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 this
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.
Page 3 of 10
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 7"' day of November, 2000.
OWNER:
ENGINEER: HAYTER ENGINEERING, INC.
By:
By:
ATTEST:
ATTEST:
(Seal)
(Corporate Seal)
Page 4 of 10
EXHmIT A
Schedule of Per Diem Rates
January 1, 2000
Personnel Hourly Rates
Principals 115.00
EngineerslProject Managers 85.00
Engineer in Training 50.00
Senior Technician 40.00
CAD Technician 40.00
Survey Technician 26.00
Administrative Assistant 34.00
Environmentalist 45.00
On-Site Observer 31.00
Surveyor 85.00
Survey Crew - 2 Man Party 75.00
Lab Technician 40.00
This schedule of hourly rates is effective until January I, 2001, and may be modified thereafter by the
ENGINEER, at his discretion.
Page 5 of 10
EXHmIT B
BASIC SERVICES OF ENGINEER
2.1 General
The Project contemplated herein will consist of preliminary and final designs; design
surveys; bidding assistance and construction review for an extension of the City's sanitary
sewer system to serve the Cope Addition area in northeast Paris.
ENGINEER shall provide for OWNER professional engineering services as hereinafter
provided. These services will include providing professional engineering consultation and
advice and furnishing customary civil, structural, mechanical and electrical engineering
services, and customary architectural services incidental thereto.
2.2 Preliminary Design Phase
2.2.1 Consult with OWNER to clarifY and define OWNER'S requirements for the Project and
review available data.
2.2.2 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.
2.2.3 IdentifY and analyze requirements of governmental authorities having jurisdiction to
approve the design of the Project and participate in consultations with such authorities
2.2.4 Prepare a preliminary engineering report to guide development of the remainder of the
project.
2.3 Final Design Phase Drawings and Specification Phase
2.3.1 Prepare final drawings to show the general scope, extent and character of the work of
CONTRACTOR ("Drawings"), and Technical Specifications.
2.3.2 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.
2.3.3 Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs.
2.3.4 Prepare for review and approval by OWNER, its legal counsel and other advisors, contract
agreement forms, general conditions, and supplementary conditions, and bid forms,
invitations to bid and instructions to bidders, and assist in the preparation of other related
Page 6 of 10
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 Biddinlt
2.4.1 Assist OWNER in advertising for bids for a single prime contract for the Work.
2.4.2 Prepare addenda as appropriate to 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 Construction Phase
2.5.1 ENGINEER shall consult, advise, and act as OWNER'S representative as provided in the
construction contract. All of OWNER'S instructions 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.
2.5.2 In connection with observations of the work of CONTRACTOR while it is in progress:
2.5.2.1 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
Page 7 of 10
have authority over or responsibility for the means, methods, techniques, sequences or
procedures or construction 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 responsibility for CONTRACTOR'S failure to furnish and
perform their work in accordance with the contract documents.
2.5.3 Intecpretations and Clarifications
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 Drawings & Substitutes
ENGINEER shall review or take appropriate action, on substitute materials proposed by
CONTRACTOR, shop drawings, samples and other data which CONTRACTOR is
required to submit, 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 Inspections and Tests
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 contract documents.
2.5.6 Disputes between OWNER and CONTRACTOR
ENGINEER shall act as initial interpreter of the contract documents and judge of the
acceptability 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 ofthe contract documents. ENGINEER shall not be liable for the results of
any such interpretations or decisions rendered in good faith.
2.5.7 Applications for Payment
Based on ENGINEER'S observations as an experienced and qualified design professional,
on information provided by the on-site observer and on review of applications for payment
Page 8 of 10
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 specifically assigned to 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 responsibility 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 interests or encumbrances, or that there may not be
other matters at issue between OWNER and CONTRACTOR that might affect the amount
that should be paid.
2.5.8 Inspections
ENGINEER shall conduct an inspection to determine if the work is substantially complete,
and a final inspection to determine if the completed work is acceptable, so that
ENGINEER may recommend final payment to CONTRACTOR. Any such
recommendation is subject to the limitations expressed earlier herein.
2.5.9 Limitation of Responsibilities
ENGINEER shall not be responsible for the acts or omissions of any CONTRACTOR, or
its subcontractor, supplier, or any of the CONTRACTOR'S or subcontractor'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.
SECTION 2 6 - ADDITIONAL ENGINEERING SERVICES
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 Bid and Award - Beyond basic fee services specified elsewhere herein, ENGINEER will
print and distribute all sets of drawings and addendums required; maintain a list of
prospective bidders; distribute any addenda required; provide drawings and specifications
Page 9 of 10
to contractor plan rooms; and attend a pre-bid conference if one is deemed advisable.
Further, ENGINEER will prepare the necessary sets of documents for contract execution;
work with CONTRACTOR and OWNER to execute same; submit executed documents
for approval to City Attorney and any funding agencies requiring document review; and
distribute executed documents. The estimated fee for this service is $4,900.
2.6.2 Crossing Permits - ENGINEER will assist OWNER in obtaining permits required for
construction on railroad or highway right-of-way, including preparation of necessary
forms, and liaison with railroad or state. OWNER will pay any permit fees levied by the
railroad or state. The estimated fee for this service is $700.
2.6.3 Design Field Surveys - ENGINEER will provide field surveying necessary to design the
project, including planimetric locations, elevations, and similar topographic information,
but not including boundary type surveys. The estimated fee for this service is $10,600.
2.6.4 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 prints (and one reproducible copy). The estimated fee for this service is $700.
Page 10 of 10