22-Move to approve an agreement with Hayter Eng. related to S. Collegiate DriveCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
09/25/09
Engineering, Planning &
Shawn Napier, P.E. Director of
Council Date:
Development
Engineering, Planning &
22
09/28/09
Develo ment
RECOMMENDED MOTION: Move to approve an agreement for professional services with Hayter
Engineering, Inc. for engineering services related to S. Collegiate Drive expansion and authorizing the
City Manager to negotiate and execute all necessary documents.
POLICY ISSUE(S):
Professional Services
BACKGROUND:
This contract with Hayter Engineering will be for the design of S. Collegiate Drive from Loop 286 to the
bridge just east of Dragon Park. The design work will include plans, specifications and estimates for the
project. The estimated cost of the design work is $171,200.00. Several meetings have been held with
TxDOT to coordinate the design, layout and construction of the roadway. The time line for the project
is to prepare plans in conjunction with TxDOT's plan for F.M. 1507 (Jefferson Road) and to bid the
project out in April 2010.
BOARD/COMMISSION RECOMMENDATION:
N/A
EXHIBITS:
Contract
ACTION:
BUDGET INFO:
Cerrificate of Obligarion Bonds
❑ Financial Report ❑ Minute Order
Expense
$171,200
❑ Department Report ~ Resolution
Budgeted Amt.
$
❑ Presentation ❑ Ordinance
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
A reimbursement resolution will have to be adopted by the City Council within 60 days of the AFA
expense in order for it to be reimbursed by the certificate of obligation.
REVIEWED AND APPROVED BY:
Z Administration Z Ciry Clerk ❑ Communiry Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ❑ Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Urilities
City of Paris
Revised 2/04/08
04 - V-119
DRAFT
attorney\reswork\current\S Collegiate Dr Expansion Project Prof Serv Contr - Hayter Res 2009
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ACCEPTING THE PROPOSAL OF HAYTER ENGINEERIIVG, INC. FOR
ENGINEERING SERVICES TO PROVIDE DESIGN AND SPECIFICATIONS FOR
THE SOUTH COLLEGIATE DRIVE EXTENSION AND EXPANSION PROJECT
AND AUTHORIZING THE EXECUTION OF AN ENGINEERING SERVICES
AGREEMENT; MAKING OTHER FINDIIVGS AND PROVISIONS RELATED TO
THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on August 20, 2009, the City Council of the City of Paris, Texas, approved
suing certificates of obligation for the funding of the South Collegiate Drive Extension and
Expansion Project from Loop 286 going north to jefferson Road (FM 1507) continuing
north approximately 1300 feet to the bridge; and,
WHEREAS, the City has received a proposal from Hayter Engineering, Inc. to
provide engineering services for design and specifications for the South Collegiate Drive
Extension Project, for an amount not to exceed $171,200.00, as described in the proposal
attached here to as Exhibit A; and
WHEREAS, it is deemed appropriate that the proposal of Hayter Engineering, Inc. to
provide engineering services for plans and specifications for these projects be approved
and the City Manager be authorized and directed to negotiate and execute on behalf of the
City of Paris a professional services agreement with Hayter Engineering, Inc. in a form
substantially similar to the form attached hereto as Exhibit B.
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 to this resolution are hereby in
all things approved.
Section 2. That the proposal of Hayter Engineering for engineering services for the
design and specifications for the South Collegiate Drive Extension and Expansion Project
for an amount not to exceed $171,00.00, be, and the same is hereby accepted.
Section 3. That the City Manager be, and he is hereby authorized and directed to
negotiate and execute on behalf of the City of Paris an Engineering Services Agreement
with Hayter Engineering, Inc. for design and specifications for the above referenced street
project, under the terms and conditions and in a form approved by the City Attorney.
Section 4. That this resolution shall be effective from and after its date of passage.
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PASSED AND APPROVED this 28th day of September, 2009.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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AGREEMENT FOR PROFESSIONAL SERVICES
TI-:is AGREEMENT is entered into by the City of Paris, a home-rule municipal corporation
he: einafter called CITY," and HAYTER ENGINEERING, INC., a Texas corporation, acting herein
th: oubh a duly authorized officer, herein called "ENGINEER," because CITY desires ENGINEER'S
se.vices in connection with engineering services for the Collegiate Drive paving project.
WITNESSETH:
Foc 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 services provided for herein have
been performed, or until terminated as provided herein.
2. Services to be Performed by ENGINEER: Engineer shall diligently and timely perform the
services described in the Scope of Services attached hereto and incorporated herein by
reference as Exhibit A. 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 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.
Compensation of ENGINEER: Owner shall pay ENGINEER as follows:
(a) Preliminary Phase Engineering, $17,120; and Design Plans and Specs, $154,080
(b) CITY shall pay ENGINEER for additional services requested by CITY, at the hourly
rates on Exhibit B 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, the amounts due
ENGINEER shall increase at the rate of one percent (1 a month. ENGINEER may,
after giving seven (7) days written notice to CITY, suspend services until paid.
(d) In the event of tennination by CITY, ENGINEER shall be entitled to payment for
services rendered through receipt of termination notice.
EXHIBIT.g,
(e) "Reimbursable expenses" include, but are not limited to, long distance telephone,
postage, equipment, eYpendables, mileage, subcontractors or special consultants,
freight, testing fees, copies, and blueprints. Where special consuitants 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 infornlation 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 for 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 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) Indemnification. ENGINEER shall release, indemnify and hold CITY and its
officers, agents and employees harmless from and against all damages, injuries
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(including death), claims, property damages (including loss of use), losses, demands,
suits, j udgments 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.
(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
cunently 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.
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In addition, the CITY agrees, to the fullest extent permitted by law, to release the
ENGINEER, its officers, directors, employees and subconsultants against all
damages, liabilities or costs, including reasonable attorneys' fees and defense costs,
arising from any changes made by anyone other than the ENGINEER or from any
reuse of the electronic files.
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
exCCUted such in duplicate copies, each of which shall have full dignity and force as an original, on
the day of SEPTEMBER , 2009.
ENGINEER: HAYTER ENGINEERING, iNC. CITY: CITY OF PARIS
By: By:
/
ATTEST: ,
(Corporate Seal)
ATTEST:
(Seal)
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EXHIBIT A
BASIC SERVICES OF ENGINEER
2.,11 General
The Project contemplated herein will consist of arterial classification street paving and
drainage improvements, being Collegiate Dr. from Loop 286 North to 1300 feet above
FM 1507, and including water and sewer extensions. ENGINEER shall provide for
CITY 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 Preliminarv Design Phase
2.1.1 Consult with CITY to clarify and define CITY'S requirements for the Project and review
available data.
2./2.2 Advise CITY as to the necessity of CITY providing or obtaining from others, data or
services outside those of ENGINEER described herein, and assist CITY 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.
2.3 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.
23.2 Provide technical data for CITY'S use in obtaining approval of governrnental authorities
having jurisdiction to approve the design of the Project, and assist CITY in consultations
with said approval authority.
2.3.3 Advise CITY of any adjustments to the latest opinion of probable Total Project Costs.
2.3.4 Prepare for review and approval by CITY, 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
documents.
2.3.5 Furnish one copy of the above documents and of the Drawings and Specifications and
present and review them with CITY. Two additional copies will be furnished by the
ENGINEER to the Texas Commission on Environmental Quality (TCEQ) for review and
concurrence in the Project.
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2.4 Biddin
2.4.1 Assist CITY in advertising for bids for a si~ prime contract for the Work.
2.;.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.
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 B. These and other
"additional services" which may be added as required will be paid for as additional
services in accord with Section 3b.
2.5 Construction Review
2.5.1 ENGINEER shall provide construction review services as requested by CITY. Such
services may include the following:
2.5.2.1 ENGINEER shall make visits to the site at intervals ENGINEEIZ 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 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 CITY 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 of construction selected by CONTRACTOR or for safety precautions and
programs incident to the work, or for any failure of CONTRACTOR to comp(y 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.
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2.f.3 Interpretations 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.f.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 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 and the accompanying data and schedules;
ENGINEER shall deternzine the amount owed to CONTRACTOR and recommend in
writing payments to CONTRACTOR. This recommendation will constitute a
representation to CITY 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 CITY and CONTRACTOR that might affect the amount
that should be paid.
2.5.6 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.
2.5.7 Limitation of Responsibilities - ENGINEER shall not be responsible for the acts or
omissions of any CONTRACTOR, or its subcontr.actor, 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.
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SECTION 2.6
2.6.1 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
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 CITY to execute same; subrnit executed documents for
approval to City Attorney and any funding agencies requiring document review; and
distribute executed documents.
2.6.2 Crossing Permits - ENGINEER will assist CITY in obtaining permits required for
construction on highway right-of-way, including preparation of necessary forms, and
liaison with railroad or state.
2.6.2 Stormwater Plan - ENGINEER will prepare the Stormwater Pollution Prevention Plan for
the project.
2.6.3 Warranty Review - ENGINEER will provide assistance, as requested, during the
construction warranty review phase of the project.
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