2010-001 RES PROFESSIONAL SERVICE AGREEMENT BETWEEN COP AND HAYTER ENG FOR HANDICAP RAMP AT LAKE CROOKRESOLUTION N0. 2010-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF PARIS AND HAYTER ENGINEERING, INC. FOR
ENGINEERING SERVICES RELATED TO THE CONSTRUCTION OF A FISHING PIER
AND HANDICAP RAMP AT LAKE CROOK; AUTHORIZING THE CITY MANAGER TO
1VEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Paris has requested proposal for design and engineering services
for the construction of a fishing pier and handicap ramp at Lake Crook; and,
WHEREAS, the City of Paris has received a proposal for such services from Hayter
Engineering, Inc. in the form attached hereto as Exhibit A; and,
WHEREAS, the City Engineer has determined that the proposal from Hayter Engineering is
the most qualified for this Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUIVCIL 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 a Professional Services Agreement by and between the City of Paris and
Hayter Engineering, Inc. for engineering services related to the construction of a fishing pier and
handicap ramp at Lake Crook, in the form attached hereto as Exhibit "A," shall be and is hereby in all
things approved, and the City Manager is hereby authorized to execute and the City Clerk to attest
to said agreement.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 11th day of Jan
ATTEST:
ice Ellis, City Clerk
APPROVED AS TO FORM:
.z)
W. Kent lya Ci Attorney
, 2010.
K HAYTER
ENGINEERING, INC.
CONSULTANTS PLANNEAS ENGINEERS
November 3, 2009
Mr. Bill Loranger
Parks & Recreation Supervisar
City of Paris
50 West Hickory Street
Paris, TX 75460
Re: Lake Crook Fishing Pier
Dear Bill:
4445 S.E. LOOP 286
PARIS, TEXAS 75460
(903) 785-0303
FAX (903) 785-0308
Thank you very much for selecting Hayter Engineering for the negotiations regarding the
planning and design of the Lake Crook Fishing Pier and associated facilities. We appreciated the
opportunity to meet with you to present our credentials and ideas in connection with the project,
and look forward to working with you for a successful facility.
We envision that the superstructure will be a combination of treated lumber and, where feasible,
"Trek," or similar composite material. The superstructure will be supported on concrete, steel, or
wooden piles, as determined best during the design phase. The pier will be designed to include
handicap accessible sections of railing. Approach sidewalks and the adjacent parking area will be
included in the design, and will be designed to meet the Texas Accessibility Standards. In
general terms, we talked about a T-shaped structure with a 60 foot run and a 60 foot crossbar.
This is subject to further refinement during the preliminary layout phase.
We have suggested a geotechnical report including a boring adjacent to the shoreline. This would
provide information for the design of the pilings.
We would meet with you and other City representatives as necessary during the project and we
would coordinate the work of the geotechnical engineer.
Bidding and construction review services would be provided by the City. However, we would
answer questions posed by bidders or the City during the bidding process, and we would be
available to review shop drawings or submittals from the contractor during the initial phase of
construction. Visits to the site required during construction would be at your request and would
be billed on an hourly basis.
Service SiiTCe 1957
TBPE F-000315 E X H f B!T ..A
Bill Loranger
November 3, 2009
Page 2
We are prepared to begin with the necessary topographic surveying within two weeks of your
notice to proceed, and I believe that we can complete the design of the project within 60 days
thereafter. Our fees for the proposed services are shown on Attachment A with hourly fees
shown on Attachment B. Attachment C is a proposed work authorization. We would be happy to
meet with you to discuss the proposed scope of services or any of the attachments. Once you are
satisfied with these documents we would appreciate receiving one executed copy of the work
agreement as authorization to proceed.
Sincerely,
GINEERING, INC.
i
I P'
~ `.1.
R. Reeves Hayt, er, P.E.
.
President 11 -
Enclosures
ATTACHMENT A
City of Paris
Lake Crook Fishing Pier
Topographic Surveys $1,845
Design $5,900
Geotechnical Report $3,045
Bidding and Construction Review Hourly, if required
ATTACHMENT B
Schedule of Per Diem Rates
March 2009
Personnel Hourly Rates
Principals
140.00
Project Managers
115.00
Project Engineer
80.00
Intern Engineers
75.00
Senior Technicians
68.00
CAD Technician
45.00
Draftsmen
27.00
Administrative Assistant
42.00
Environmentalist
50.00
On-Site Observer
45.00
Surveyor
85.00
Survey Technician
40.00
Survey Crew - 2 Man Party
85.00
Survey Crew - 3 Man Party
125.00
This Schedule of hourly rates may be modified by the ENGINEER at his discretion. Time billed
for per diem rate services shall be in minimum increments of `/4 hour.
ATTACHMENT C - WORK AUTHORIZATION
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is entered into by the City of Paris, a home-rule municipal corporation
hereinafter called "CITY," and HAYTER ENGINEERING, INC., a Texas corporation, acting
herein through a duly authorized officer, herein called "ENGINEER," because CITY desires
ENGINEER'S services in connection with engineering services for the Lake Crook Fishing Pier
and related facilities.
WITNESSETH:
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: 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.
3. Compensation of ENGINEER: Owner shall pay ENGINEER as follows:
(a) Topographic Surveys, $1,845; Design Plans and Specs, $5,900; and Geotechnical
Report, $3,045.
(b) CITY shall pay ENGINEER for additional services requested by CITY, at the
hourly rates on Attachment 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.
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(d) In the event of termination by CITY, ENGINEER shall be entitled to payment for
services rendered tl-ll-ough receipt of termination notice.
(e) "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
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 information 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 proj ect 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 tenns 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.
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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
(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 Clairns.
(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
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.
(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 subj ect 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.
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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.
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.
(f) 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
executed such in duplicate copies, each of which shall have full dignity and force as an original,
on the day of , 2009.
ENGiNEER: HAYTER ENGINEERING,INC.
By:
ATTEST:
(Corporate Seal)
CITY: CITY OF PARIS
By:
ATTEST:
(Seal)
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EXHIBIT A
BASIC SERVICES OF ENGINEER
2.1 General
The Project consists of a fishing pier and associated facilities at Lake Crook, as
outlined in ENGINEER's proposal letter of November 3, 2009. 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, and surveying services, and customary architectural
services incidental thereto. ENGINEER will obtain a geotechnical report from others
for use on this project.
2.2 Final Design Phase Drawings and Specification Phase
2.2.1 Prepare final drawings to show the general scope, extent and character of the work of
CONTRACTOR ("Drawings"), and Technical Specifications.
2.2.2 Provide technical data for CITY'S use in obtaining approval of governmental
authorities having jurisdiction to approve the design of the Project, and assist CITY in
consultations with said approval authority.
2.2.3 Advise CITY of any adjustments to the latest opinion of probable Total Project Costs.
2.2.4 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.
2.2.5 Furnish one copy of the above documents and of the Drawings and Specifications and
present and review them with CITY.
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 Attachment B. These and
other "additional services" which may be added as required will be paid for as
additional services in accord with Section 3b.
2.3 Construction Review
2.3.1 ENGINEER shall provide construction review services as requested by CITY. Such
services may include the following:
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2.3.2.1 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.
2.3.2.2 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
E-NGINEER 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,
tecluliques, 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 comply with laws, regulations, codes or orders applicable to
CONTR.ACTOR'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.
2.3.3 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.
2.3.4 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 confarmance
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.
2.3.5 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 determine 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
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on ENGINEER to make any exainination 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 worlc, materials or equipment has passed to OWNER
fi•ee 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.
23.6 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.
2.3.7 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
funlishing or performing any of tlie 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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