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20-AUTHORIZE CITY MANAGER TO NEGOTIATE A CONTRACT WITH HAYTER ENG FOR $53,000 FOR REHABILITATION STUDY OF TRAIL DE PARISCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: I Agenda Item No.: 04/13/12 Public Warks Ronald J. Sullivan, P.E, Public Council Date: Works Director 20. 04/23/12 RECOMMENDED MOTION: Authorize the City Manager to negotiate a contract with Hayter Engineering in the amount of $53,000 for a Rehabilitation Study of the Trail de Paris from 12th SE to the Paris/Reno city limits and Phase 1 Design POLICY ISSUE(S): Parks and Facility Maintenance BACKGROUND: City Staff and Hayter Engineering have negotiated a scope of services for the rehabilitation of the Trail de Paris from 12`" SE to the Paris/Reno city limits. Originally it was our intent to develop a scope of services that would carry the project through final construction. However there are considerable uncertainties as to what will be required in the final scope so it was decided to break the project up into two segments. The current contract will be only for the first segment with future contract related to second segment. • Segment 1 Rehabilitation Study: Fee $17,500. Geotechnical Studies: Fee $13,500. Phase 1 Design 12t" SE to Collegiate Drive and Loop 286 to Paris/ Reno city limits: Fee $22,000. • Segment 2 Phase 2 Design and Permitting Collegiate Drive to Loop 286: Estimated Fee $32,000. As stated above the fees for the second segment will be finalized based on a final project scope based the recommendations from the Study. Representatives from Hayter Engineering will provide Council with a detailed explanation of the scope, fees and schedule during the Council Meeting. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution; Proposal from Hayter Engineering ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ 53,000.00 ❑ Department Report ,ni Resolution Budgeted Amt. $ 500,000.00 ❑ Presentation ❑ Ordinance y'I'D Actual $ 0 ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police [Z Eng./Public Works ❑ Utilities 4/20/2012 ~ RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING AN AGREEMENT WITH HAYTER ENGINEERING WC., FOR A REHABILITATION STUDY AND PHASE 1 DESIGN OF THE TRAIL DE PARIS FROM 12TH STREET SE TO THE PARIS/RENO CITY LIMITS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Draft WNEREAS, the City of Paris operates and maintains the Trail de Paris, a paved hike & bike trail that runs from 8th Street SE and east to the city limit line of the City of Paris, Texas; and, WHEREAS, SEVERAL SECTIONS OF THE ORIGINAL 2.36 MILE SECTION OF THE Trail de Paris from 12 SE to Loop 286 have developed cracks due to various factors including but not limited to: erosion, drainage, weather and soil conditions; and WHEREAS, city staff and Hayter Engineering have negotiated a scope of services for the rehabilitation of the Trail de Paris from 12th SE to the Paris/Reno city limits. The work would be completed in two segments with Segment 1 including the Rehabilitation Study with a fee of $17,500.00, the Geotechnical Studies with a fee of $13,500.00, and Phase 1 Design with a fee of $22,000.00. 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 City Council of the City of Paris, Texas hereby accepts the Engineering Proposal from Hayter Engineering for the Trail de Paris Rehabilitation Study from 12th SE to the Paris/Reno city limits as specified in the Engineering Proposal and Agreement attached hereto as Exhibit "A". Section 3. That the City Manager is authorized to negotiate and execute all documents necessary to accept the Engineering Proposal and commence the project. Section 4. This resolution shall be effective immediately upon passage. DULY PASSED AND APPROVED this 23rd day of April, 2012. A.J. Hashmi, M.D., Mayor 200 ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney - 1 201 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 rehabilitation construction of sections of the Trail de Paris. WITNESSETH: For 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 bv ENGINEER: Engineer shall diligently and timelyperform 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. 3. Compensation of ENGINEER: Owner shall pay ENGINEER as follows: 1) Preliminary Engineering Report $17,500 2) Geotechnical Studies $13,500 3) Phase ] Design Plans and Specifications $22,000 Phase 1 (a) CITY shall pay ENGINEER for additional services requested by CITY, at the hourly rates on Exhibit B hereto, plus reimbursable expenses. (b) 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. (c) In the event of termination by CITY, ENGINEER shall be entitled to payment far services rendered through receipt of termination notice. (d) "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 1 202 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 bv CITY: CITY sha1L• (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 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 proj ect 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 (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 2 - 203 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 far the general guidance of the CITY. Since the ENGINEER has no control over the cost of labor and material, or many other factors, the ENUINEER does not imply nor guarantee the accuracy of such opinions. If the CITY elects to redesign ar 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 ar 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 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 ar 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. 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, 3 ' . 204 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 ofthis 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 , 2012. ENGINEER: HAYTER ENGINEERING, INC. CITY: CITY OF PARIS By: By: ATTEST: (Corporate Seal) ATTEST: (Seal) 2 05 EXHIBIT A BASIC SERVICES OF ENGINEER 2.1 General The Project contemplated herein will consist of rehabilitation of sections of the Trail de Paris. 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 2.2.1 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 ENGINF,ER 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. 2.2.4 Prepare Rehabilitation Study as outlined in Exhibit C 2.3 Final Desim Phase Drawings and Specification Phase - Phase 1 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 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. 2.3.3 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 ageement 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. 5 - 1 206 2.4 Bi•ddin~ 2.4.1 Assist CITY in advertising for bids for a si•~ 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 ifdeemed appropriate. 2.5 Construction Phase - Hourly Rate per Exhibit B 2.5.1 ENGINEER shall consult, advise, and act as CITY'S representative as provided in the construction contract. All of CITY'S instructions to CONTRACTOR will be issued through ENGINEER who will have authority to act on behalf of CITY 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 CITY or recommended by ENGINEER and agreed to in writing by CITY, 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 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 wark, nor shall ENGINEER have authority over or responsibilit,y 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 comply with laws, regulations, codes or orders applicable to CONTRACTOR'S work. Accordingly, ENGINEER can neither guarantee the performance of the construction contracts by 6 207 CONTRACTOR, nor assume responsibility for CONTRACTOR'S failure to furnish and perform their work in accordance with the contract documents. 2.5.3 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. 2.5.4 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 infonnation 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 CITY'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 CITY and CONTRACTOR ENGINEER shall act as initial interpreter of the contract documents and judge of the acceptability of the wark, and make decisions on all claims of CITY 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 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 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 7 208 quantity of CONTRACTOR'S wark 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. 2.5.8 lns ections ENGINEER shall conduct an inspection to determine if the wark 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 far the acts or omissions of any CONTRACTOR, or its subcontractor, supplier, or any of the CONTRAGTOR' S or subcontractor's suppliers, agents or employees, or any other persons (except ENGINEER'S own employees and agents) at the site ar otherwise furnishing or perfonning 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 herein authorized. All "additional services" will be paid for as additional services in accord with Section 3b. 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; submit executed documents for approval to City Attorney and any funding agencies requiring document review; and distribute executed documents. 2.6.2 404 Permit. ENGINEERS will provide services required for 404 pennit compliance including application and preconstruction notification. 8 - 209 2.63 Geotechnical Investigation - ENGINEER will arrange for geotechnical studies of the project site as required. 2.6.4 Construction Review - ENGINEER will provide services as requested by City during conshuction. 2.6.5 Phase 2 Design Plans - ENGINEER will provide plans and specifications for Phase 2 design. Said plans and specifications will be based on project scope after completion of the Rehabilitation Study. 2.6.7 SW3P - ENGINEER will prepare a Stormwater Pollution Prevention Plan as required for project construction. 9 210 EXHIBIT B Schedule of Per Diem Rates October 2011 Personnel Hourly Rates Principals 145.00 Project Managers 120.00 Project Engineer 85.00 Intern Engineers 80.00 Senior Technicians 75.00 CAD Technician 50.00 Draftsmen 30.00 Administrative Assistant 50.00 Environmentalist 50.00 On-Site Observer 45.00 Surveyor 85.00 Survey Technician 45.00 Survey Crew - 2 Man Party 85.00 Survey Crew - 3 Man Party 125.00 The schedule of per diem rates may be changed by the ENGINEER at his sole discretion. Time billed for per diem rate services shall be in minimum increments of'/ hour. 10 211 EXHIBIT C SCOPE • Rehabilitation Study o Initial scoping meeting 0 8egin geotechnical investiqation o Research co»struction history and avarlab/e plans or supporting information o Perform conditlon analysis survey ■ Photograph typital defects ~ 100' pavemenr defett survey ■ cotalog cut/ft/1 sections, tree canopy,age,width, pvmt section,etc o Analysis of dafa collected- use FEMA f/ows and hydraulics o Meeting w city staff ro eva/uate data collected o Research rehab options-pavement o Research rehab options- drainage o Cost estimates for ap to 2 pavement opCians and 2 drainage options. o Draft final report o Presentation meeting. • Phase 2 Design-12`h to Collegiote Drive and Loop 286 to Paris/Reno City Limits o Topo and plot fietd data o Paving rehab design calculations and drawings o Drafnage rehab design calculations and drawings (minor rehab) o Stormwater Pollutian Prevention Pfan o Compliance with natfonwide 404 permit- no pre const notifrcatioa o Draft specifications and bid documents o Canstruction document review meeting o Advertise for constructlon bids o Engineering oversiqht during construction • Phase 2 Design- Collegiate Drive to Laop 286 (Begin pre-construction coordination with Corps for phase 2 droinage) o Topo and plotfield daia o Paving rehab desiyn calculations and drawings o Drainage relrab design calculations and drawings (minor & major rehab) o Stormwater Pollution Prevention P/an o Comptiance with nationwide 404 permit includinq pre app coordination meeting and pre-constructlort notificatian o D%ft specifications and bid dacuments o Construction document review meetrng o Advertise for construction bids o Engineering oversight during construction 212 EXHIBIT D Proposed Schedule Trail de Paris Rehabilitation Task Preliminary Study Geotechnical Phase 1 Design 404 Nationwide coordination and PCN preparation Phase 2 Design Bid & Award Phase 1 Bid & Award Phase 2 Construction Phase Begin Davs Complete 25-Apr-12 40 4-Jun-12 30-Apr-12 32 1-Jun-12 8-Jun-12 45 23-Ju1-12 15-Jun-12 92 15-Sep-12 23-Ju1-12 62 23-Sep-12 27-Ju1-12 39 4-Sep-12 27-Sep-12 39 5-Nov-12 1-Oct-12 151-181 Mar-13 91 ?