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17-DELIERATE/ACT ON RES APPROVING PROFESSIONAL SERVICES CONTRACT WITH HAYTER ENG FOR $24,000CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 4-25-2012 Engineering, Planning & Shawn Napier, P.E. Director of Council Date: Development Engineering, Planning & 17. 5-14-2012 Development RECOMMENDED MOTION: Deliberate and act on a resolution approving a professional services contract with Hayter Engineering for the design, plans and specifications in the amount of $24,000.00 for the Trail de Paris project from SE 8th St. to SW 4' St. POLICY ISSUE(S): Contract BACKGROUND: The City of Paris has been awarded a Texas Parks & Wildlife (TP&W) Recreational Trail grant in the amount of $200,000.00. The required grant match is $50,000. This year's budget has $250,000 set aside for this project. First Federal Community Bank Foundation and Legacy Foundation have both pledged $25,000 toward the project. The overall project cost is estimated at $270,000.00 and the engineering is $24,000 for a total project cost of $294,000.00. The total amounts of funds available for the project are as follows: TP&W grant $200,000.00, City budget $50,000.00 and the two Foundations for $50,000.00 for a total of $300,000.00. The City has been working with four different property owners to obtain easements and Right-of-Way (ROW) for the project. We have come to terms with three of the four and are in the process of getting recreational trail easements from them. The fourth owner that we are still working with is Union Pacific (UPRR) Railroad. Additional funds may be needed to purchase ROW from UPRR. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution, Contract & location map ACTION: BUDGET INFO: 2011-2012 Budget Year ❑ Financial Report ❑ Minute Order Expense $0.00 ❑ Department Report Z Resolution Budgeted Amt. $250,000 ❑ Presentation ❑ Ordinance yTD Actual $0 00 . ❑ Public Hearing ❑ Other Acct. Name Trail de Paris Acct. Number 25-0340-43-00 FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk Z Eng., Planning & Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ❑ Public Works ❑ Urilities City of Paris Revised 2/04/08 - 59 Draft RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH HAYTER ENGINEERING INC., FOR THE TRAIL DE PARIS EXTENSION FROM SE 8TH STREET TO SW 4TH STREET; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS; 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, The City of Paris has been awarded a Texas Parks & Wildlife (TP&W) Recreational Trail Grant in the amount of $200,000.00. The required grant match is $50,000.00 This year's budget has $250,000.00 set aside for this project. First Federal Community Bank Foundation and Legacy Foundation have both pledged $25000 toward the project. The overall project cost is estimated at $270,000.00 and the engineering is $24,000.00 for a total project cost of $294,000.00. The total amounts of funds available for the project are as follows: TP&W grant $200,000.00, City budget $50,000.00 and the two Foundations for $50,000.00 for a total of $300,000.00; and WHEREAS, The City has been working with four different property owners to obtain easements and Right-of-Way (ROW) for the project. We have come to terms with three of the four and are in the process of getting recreational trail easements from them. The fourth owner that we are still working with is Union Pacific (UPRR) Railroad. Additional funds may be needed to purchase ROW from Union Pacific Railroad. 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 approves the Engineering Proposal from Hayter Engineering for the Trail de Paris project from SE 8th Street to SW 46 St., 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. 60 DULY PASSED AND APPROVED this 14rd day of May, 2012. A.J. Hashmi, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 61 AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is entered into by the City of Paris, a home-rule municipal corporation, hereinafter called "CITY", and HAYTER ENGINEEKING, INC., a Texas corporation, acting herein through a duly authorized officer, herein called "ENGINEER", because CTTY desires ENGINEER'S services in connection with engineering services for a Trail de Paris Extension from 8" SE to 4d' SW. 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 bv 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 sha11 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 CONTR.ACTOR to complete on time, will be deemed additional services. 3. Compensation of ENGINEER: City shall pay ENGINEER as follows: (a) Design Plans and Specifications, including Bid and Award, $12,000. (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 sha11 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 termination by CITY, ENGINEER shall be entitled to payment for services rendered through receipt of termination notice. 1 \ 1' 62ExHieiT (including death), claims, property damages (including loss of use), losses, demands, suites, 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 of omission or intentional wrongful act of omission of ENGINEER, its off cers, 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 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 electronic 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. T'he 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 sha11 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 prepazed by the ENGINEER and the electronic files, the signed and sealed hard-copy construction documents shall govern. 3 63 EXHIBIT A BASIC SERVICES OF ENGINEER 2.1 General The Project contemplated herein wiil consist of recreational trail improvements, extending the existing Trail de Paris from 8th SE to 4"` SW. 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 services incidental thereto. 2.2 Preliminary Desi n~ 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 Final Design Phase, Drawings and Specification Phase 2.3.1 Prepare final drawings to show the general scope, extent and character of the work of CONTRACTOR ("Drawings"), and Technical Specifications. 2.3.2 Provide technical data for 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 opizuon of probable Tota1 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. 5 64 2.4.4 Shop Drawings & Substitutes ENGINEER shall review or take appropriate action, on substitute materials proposed by CONTR.ACTOR, 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. 2.4.5 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. 2.4.6 Disputes between 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. 2.4.7 Applications for Pavment 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 docurnents. However, ENGINEER will not thereby be deemed to have made exhaustive, continuous or detailed reviews or examinations to check the quality or quantity of CONTRA.CTOR'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 7 6'533 EXHIBIT B Schedule of Per Diem Rates October 2011 Personnel Hourly Rates Principals 145.00 Proj ect 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 i/4 hour. 66 67