16-AUTHORIZE CITY MANAGER TO NEGOTIATE CONTRACT WITH HAYTER ENG IN AMOUNT OF $20,400CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
04/30/12
Public Works
Ronald J. Sullivan, P.E, Public
Council Date:
OS/14/12
Works Director
16.
RECOMMENDED MOTION:
Authorize the City Manager to negotiate a contract with Hayter Engineering in the amount of $20,400 for the
evaluation of and the design of the repair of an embankment failure on the Trail de Paris.
POLICY ISSUE(S):
Parks and Facility Maintenance
BACKGROUND:
As requested by Council City Staff and Hayter Engineering have negotiated a proposal for a revised scope of
services for the rehabilitation of the Trail de Paris. The revised scope provides for the evaluation of the
embankment failure located of the south side of the trail south of the Golden Acres Retirement Community. The
proposal also includes the design of the repair of the embankment failure. At this time we believe that the project
can be completed under a Nationwide Permit without Corp of Engineers notification if during the design we
discover that additional permit work will be required an additional fee could be due.
The proposed fee for this project is $20,400.00.
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: Proposal from Hayter Engineering
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$ 20,400.00
❑ Department Report ❑ Resolution
Budgeted Amt.
$ 500,000.00
❑ Presentation ❑ Ordinance
yTD Actual
$ 0
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
❑ Administration ❑ City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ❑ Legal ❑ Library ❑ Police E Eng./Public Works ❑ Utilities
5/2/2012
46
Draft
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS;
APPROVING AN AGREEMENT WITH HAYTER ENGIIVEERING INC., FOR AN
ENGINEERING PROPOSAL AND AGREEMENT FOR PROFESSIONAL
SERVICES FOR THE EVALUATION OF AND THE DESIGN OF THE REPAIR
OF AN EMBANKMENT FAILURE ON THE TRAIL DE PARIS; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, 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 Trail de Paris have developed cracks and damage
from 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
an Engineering Proposal and Agreement for Professional services of the Trail de Paris for
the evaluation of the embankment failure located on the south side of the trail, south of the
Golden Acres Retirement Community. The proposal also includes the design of the repair
of the embankment failure. The proposed fee for the project is $20,400.00. At this time
we believe that the project can be completed under a Nationwide Permit without Corp of
Engineers notification. If during the design it is discovered that additional permit work is
required an additional fee could be due.
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 and Agreement for Professional Services from Hayter Engineering for
the Trail de Paris for the evaluation of the embankment failure located on the south side of
the trail, south of the Golden Acres Retirement Community. 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.
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DULY PASSED AND APPROVED this 14th day of May, 2012.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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HAYTER
ENGINEERING, INC
CONSUITANTS PLANNERS ENGINEERS
Mr. Ron Sullivan, P.E.
Director of Public Works
City of Paris
P.O. Box 9037
Paris, TX 75461
Re: Embankment Failure - Trail de Paris
Dear Ron:
4445 S.E. LOOP 286
PARIS, TEXAS 75460
(903) 785-0303
FAX (903) 785-0308
Apri( 27, 2012
Via E-mail: rsullivan a,paristexas.gov
Following our visit ta the Trail yesterday and instructions from the Council Monday night, we have
prepared a proposal for engineering service to correct the embankment failure along the south side of the
Trail de Paris, which is generally located on the south side of the Trail south of Golden Acres Retirement
Community. We will obtain a geotechnical consultant to perform borings and studies necessary to
determine the slope stability, bearing capacity, and other relevant parameters for design. We will do the
topographica) surveying necessary to lay out the eYtent and shape of the existing failure. We will anatyze
two (2) preliminary repair concepts and prepare comparative cost estimates and we will design the
selective alternativc. Our fee includes preliminary coordination with the US Army Corps of Engineers to
determine their involvement in the project. If a full preconstruction notice for a Nationwide Permit
becomes necessary or if an individual permit is required we will provide these services at the additional
hourly rates contained in Appendix A of our contract.
For your information 1 have prepared a preliminary estimate of construetion costs based upon gabions,
without extensive additional Corps requirements, of $150,000. A kcy element for the project will be the
contractor's ability to access the site and stage construction operations. If we could locate and provide to
the contractor a work area near the project it could 6e very beneficial for project costs.
We are prepared to begin immediately upoii your authorization and will complete the project as promptly
as possible corresponding to the level of coardination which may be required with the Carps. Our fee for
the above services would be:
• Geotechnical Studies $8,000
~ Surveying, Engineering Design, and Preliminary Coordination $12,400
TOTAL $20,400
We appreciate this opportunity to be of service to the City of Paris.
Sincerely,
AYT ENGINEERING, INC.
111
!
R. Reevei Haytet,, P.E.
President'
A
EXHIBI"3' "KI~
Service Sriice 1957
TBPE F-000315
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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 sectians of the Trail de Paris.
WITNESSETH:
For the mutual promises and benefits herein described, the parties agree as follows:
Term of AGREEMENT: This AGREEMENT shalI became 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 ENGTNEER. 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) Geotechnical Studies $8,000
2) Surveying, Engineering Design, and Preliminary Coordination $12,400
Phase 1
(a) CITY shall pay ENGINEER for additional services requested by CITY, at the hourly
rates on Appendix A 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 rnake prompt payments. If CITY fails to pay ENGINEER within sixty
(60) calendar days of the receipt of ENGINEER'S statement, the amounts due
ENGINEER shal( 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 ternlination by CITY, ENGINEER shall be entitled to payment for
services rendered through receipt of termination notice.
(d) "Reimbursabie 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
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50
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 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 docuinents prepared by ENGINEER are instruments of service far
the specific project contemplated under this AGREEMENT. They axe not intended for reuse
on extensions of that project, or on any other project. Any reuse without written verification
or adapta.tion 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 delivezy, in writing, or by registered or certified mail.
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 Appiv• 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
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51
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 procedttres required for
the contractor to perform his work, but not relating to the final or completed
stnicture. The ENGINEER does not in any manner guarantee the perfoi-mance of the
construction contractors.
(d) ENGINEER will stxive to perform services hereunder in a manner consistent with
that level of care and skill ordinarily eYercised 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 Electroilic 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 instz•urnents of service of the ENGINEER, solely for this particular Project. The
CITY agrees not to reuse these electronic files for any purpase other than of the
Project. The CITY agrees to waive ali 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 f les shall be deemed ta be
accepted and neither party shall have any obligation to correct ez-rors or maintain
electronic tiles.
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,
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52
arising from any changes made hy anyone other than the ENGINEER or from any
reuse of the electronic files.
( fl 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 shal l 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)
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EXHIBIT A
BASIC SERVICES 4F 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 sezvices as hereinafter
pravided. 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 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 Finat Design Phase Drawin sand 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 CITY'S use in obtaining approval of governmental authorities
having jurisdiction to approve the design of the Project, and assist CITY in consultatians
with said approval authority.
23.3 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 instnictions 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.
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2.4 Bidding
2.4.1 Assist CITY in advertising for bids for a sin le 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 - Hourly Rate per Annendix A
2.5.1 ENGINEER sha11 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 constriiction 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 confornl 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 shali 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 vvork, or for any failure of CQNTRACTOR 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 respansibility for CONTRACTOR'S failure to furnish and
perform their work in accordance with the contract documents.
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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
ENGPNEER 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 CITY`S representative, to require special inspection
or testing ofthe work, and shall receive and review all certificates of inspections, testing
and approvals required by law°s, regulations, codes, orders or the contract dacuments, 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 hetween CITY 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 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 wTiting gayments 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.
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ENGINEER'S review of CC)NTRACTOR'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 Inspections
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 CONTRACTOR' S or subcontractor's suppliers,
agents or employees, or any other persons (except ENGINEER'S own employees and
agents) at the site or othenvise 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
herein authorized. All "additional services" will be paid for as additional services in accord with
Section 3b.
2.6.1 404 Permit. ENGINEERS will provide services required for 404 permit compliance
including applicatian and preconstruction notification.
2.6.2 Construction Review - ENGINEER will provide services as requested by City during
construction.
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APPENDIX A
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
$5.00
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.
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