Loading...
07-C Hayter Engineering AgrmtDRAFT F:ALICEhO. ESWORK\CURRENT\ Drainage Impr E Price to Simpson Eng Agreement Res October 15, 2001 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN HAYTER ENGINEERING, INC. AND THE CITY OF PARIS FOR PROFESSIONAL ENGINEERING SERVICES FOR A DRAINAGE IMPROVEMENT PROJECT EXTENDING FROM E. PRICE STREET TO SIMPSON STREET; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council has authorized, budgeted, and allocated funds as required to defray the expense of a drainage improvement project extending from E. Price Street to Simpson Street within the city limits of the city of Paris, Texas; and, WHEREAS, in order to proceed with said project, it is necessary to retain a qualified professional engineer to prepare the necessary drawings, design documents, specifications, and contract documents for construction of the aforesaid project; and, WHEREAS, the City Council finds and determines that Hayter Engineering, Inc. is qualified to perform such necessary engineering services in conformance with the desires of the City of Paris; and, WHEREAS, the City Council desires to authorize the City Manager to execute a Professional Engineering Services Contract by and between the City of Paris and Hayter Engineering, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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 Manager be, and he is hereby, authorized and directed to execute and the City Clerk to attest to a Professional Engineering Services Contract by and between the City of Paris and Hayter Engineering, Inc., a copy of which such Professional Engineering Services Contract is attached hereto as Exhibit A and for all purposes incorporated herein, to perform professional engineering services in the design and construction of proposed drainage improvements extending from E. Price Street to Simpson Street. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 12th day of November, 2001. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney AGREEMENT FOR PROFESSIONAL SERVICES Tiffs AGREEMENT is entered into by the City of Paris, a municipal corporation, acting herein through its Mayor, duly authorized to act by the City Council, hereinafter called "OWNER", and HAYTER ENGINEERING, INC., a Texas corporation, acting herein through a duly authorized officer, herein called "ENGINEER", because OWNER desires ENGINEER'S services in connection with engineering serxices tbr a drainage improvements beginning in the 2300 block of East Price and extending southeasterly to the 2600 block of Simpson. W I T_~ E F~ ,q E T H: For the mutual promises and benefits herein described, the parties agree as follows: Ten-a cfi' AGR1FFIVII~NT: 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. Service~ tn he Perfi~n'ned by ENG1NI~ER: Basic services are detailed in Exhibit B hereto OWNER 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 Compeneafinn c,f ENGINlgER; Owner shall pay ENGINEER as follows: (a) Basic Services: B2.2 B 23a B 23.b B 24 B25 B26 Preliminary Engineering and Design Surveys $25,100 Design Phase, Sewer 20,900 Design Phase, Drainage 51,900 Bidding Phase 6,900 Construction Review Phase 33,900 Additional Services 32,000 Fees for B 2.2 through B 2.5 are lump sums. B 2.6 is a budgeting estimate only, to be billed in accordance with Section 3(b). (b) OWNER shall pay ENGINEER for additional services requested by OWNER~ at the hourly rates on Exhibit A hereto, plus reimbursable expenses. 1 oflO 5 (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 OWNER shall make prompt payments. If OWNER 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 OWNER, suspend services until paid (d) In the event of termination by OWNER, ENGINEER shall be entitled to payment services rendered through receipt of termination notice. ENGINEER will also be entitled to payment for all reasonable termination expenses. (e) "Termination expenses" means reimbursable expenses, salaries, and overhead costs due to termination, including, but not limited to, transferring job records to OWNER. termination negotiations, and reassignment of personnel. "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 subs are used as additional services, the ENGINEER'S reimbursement shall include a service charge equal to 5% of the subcontractor's invoice amount. Se,'vlce~to ho Parfarmecl by OWNER' OWNER shall: (i) designate a specific person as OWNER'S representative; (ii) provide ENGINEER with any previous studies, reports, data, budget constraints, special OWNER requirements, or other pertinent information known to OWNER; (iii) ensure access for the ENGINEER to properties necessary for pertbrmance 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 fi'om thc ENGINEER. ENGINEER is entitled to rely upon and use, without independent verification and without liability, all information and services provided by OWNER or OWNER'S appointees, or with respect to buried utilities, the utility providing service in the project area Termlnaticm The obligation to provide further serv/ces 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 Re~me c~fl3c~cument~: All documents prepared by ENGINEER are instruments of service for the specific project contemplated under this AGREEMENT. They are not intended fi)r 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 OWNER'S sole risk and without liability to ENGINEER. Nc~tlce~: Any notices to be given hereunder by either party to the other may be affected either by personal delivery, in writing, or by registered or certified mail. 2oflO gnle partle~ and Fntlre AGREEMENT: This AGREEMENT shall not create any rights or benefits to anyone except the OWNER and ENGINEER. and contains the entire agreement between the parties, Oral modifications to this agreement shall have no force or effect. Texag l aw ~'n Apply'. ~q,,cc~qgnr~ Con~tnmticm' 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. {3ther P,'ox, i~ions' The parties hereto further agree as follows: (a) 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, (b) 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. (c) 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 OWNER. 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 OWNER elects to redesign or rebid the project to reduce costs, ENGINEER'S services for such rebidding or redesign shall he additional services. (d) In recognition of the relative risks and benefits of the project to both the OWNER and the ENGINEER, the risks have been allocated such that the OWNER agrees, to the fullest extent permitted by law, to limit the liability of the ENGINEER and his subcontractors on the project for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, so that the total aggregate liability of the ENGINEER and his or her subconsuhants to all those named shall not exceed $100,000 or the ENGINEER'S total fee for services rendered on this project, whichever is greater. Such claims and causes include, but are not limited to, negligence, professional errors or omissions, strict liability, and breach of contract. 3 of l0 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 11a' day of June, 2001 OWNER: CITY OF PARIS, TEXAS ENGINEER: HAYTER ENGINEERING, INC By: By: ATTEST: ATTEST: (Seal) (Corporate Seal) 4 of 10 EXHIBIT A Schedule of Per Diem P~ates January 1, 2001 Personnel Hourly Principals Engineers/Project Managers Junior Engineers Senior Technicians CAD Technician Draftsmen Administration Assistant Environmentalist On-Site Observer Surveyor Survey Technician Smwey Crew - 2 Man Par~y Survey Crew - 3 Man Party Lab Technician 125.00 90.00 55.00 40.00 40.00 26.00 34.00 50.00 34.00 85.00 29.00 82.00 110.00 37.00 This Schedule of hourly rates is effective until January 1, 2002, and may be the ENGINEER, at his discretion. Rates modified thereafie~ by 5 of 10 2.1 2.2.3 22.4 2.3 2.3.1 2.3.2 2 34 EXHIBIT B SERVICES OF ENGINEER General The Project contemplated herein will consist of replacement of existing sanitary sewers and storm drainage facilities, excluding existing culverts, using design flows developed in tbe City's existing Drainage Master Plan, from the 2300 block of East Price, south and east to just north of the 2600 block of Simpson, ENGINEER shall provide for OWNER professional engineering services as hereinafter provided. These services ~vill include providing professional engineering consultation and advice and furnishing customary civil, structural, mechanical and electrical engineering services, and customary architectural services incidental thereto. preliminar~ Design Pha~e Consult xvith OWNER to clarify and define OWNER'S requirements for the Project and review available data. ,Advise OWNER as to the necessity of OWNER providing or obtaining from others, data or services outside those of ENGINEER described herein, and assist OWNER in obtaining same. Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities Provide topographic type surveying necessary fbi' the design of the project Final IDe~ign Pha~e, Dr~wlngn and ~peeifieatinn Pha~e Prepare final drawings to show the general scope, extent and character of the work of CONTRACTOR ("Drawings"), and Technical Specifications. Provide technical data for OWNER'S use in obtaining approval of govermnental authorities having jurisdiction to approve the design of' the Project, and assist OWNER in consultations with said approval authority. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs. Prepare for review and approval by OWNER, its legal counsel and other advisors, contract agreement forms, general conditions, and supplementary conditions, and bid 6 of 10 2.3.5 2.4 24.1 242 2.43 2.5 2.51 252 2521 252.2 2523 forms, invitations to bid and instructions to bidders, and assist in the preparation of' other related documents. Furnish one copy of the above documents and of the Drawings and Specifications and present and review them with OWNER. Bidding Assist OWNER in advertising for bids for a single prime contract for the Work Prepare addenda as appropriate to interpret, clarify or expand the Bidding Documents. Attend the bid opening, prepare bid tabulation sheets, and recommend an award it' deemed appropriate. C~c~ngt n mticm Pha~e ENGINEER shall consult, advise, and act as OWNER'S representative as provided in thc construction contract. All of OWNER'S instructions to CONTRACTOR will be issued through ENGINEER who will have authority to act on behalf of OWNER to the extent provided in said construction contract. In connection witb observations of the work of CONTRACTOR while it is in progress: ENGINEER shall make visits to the site at intervals ENGINEER deems necessary, in order to observe the progress and quality of the CONTRACTOR'S xvork. 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 If' requested by OWNER or recommended by ENGINEER and agreed to in writing by OWNER, 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 ~br 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. 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 effo~1s as an experienced and qualified design professional, provide OWNER 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 ENG1NEER have authority over or responsibility for the means, methods, techniques, sequences or procedures or construction 7 of 10 2.53 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 CONTRACTOR, nor assume responsibility fo,r CONTRACTOR'S failure to furnish and perform their work in accordance with the contract documents lnterprot~tinn~ ~nd Clarificatlcm~ 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 ~qhop Drawlnga Re gnh~titnte~ 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 int'ormation given in the contract documents. Such review shall not extend to means, methods, teclmiques, sequences or procedures of construction or to safety precautions and programs incident thereto. 255 Inspection~ and Test~ ENGINEER shall have authority, as OWNER'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 deterrnine generally that their content complies with the requirements of, and the results certified indicate compliance with. thc contract documents. 256 F)i~pl~te~ between CIWNII~R and CONTRACTOR ENGINEER shall act as initial interpreter of the contract documents and judge of the acceptability o[' the work, and make decisions on all claims of OWNER and CONTRACTOR relating to thc 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 Ihith. 257 Applicati~m~ lec~r Payment Based on ENGINEER'S observations as an experienced and qualified design professional, on inlbrmation 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 ccmstitute a representation to OWNER 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 tv ENGINEER in this Agreement and the contract documents. ENGINEER'S review or' CONTRACTOR'S work for the purpose of recommending payments will also not impose 8 of 10 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 OWNER and CONTRACTOR that might affect the amount that should be paid. 25.8 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 earlie~ herein 25~9 l.irnit~tinn of Re~.nnn~ihilitie~ ENGINEER shall not be responsible tbr 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 Parnishing or performing any of the CONTRACTOR'S work; bowever, nothing contained in this section shall release ENGINEER from liability for failure to properly pertbrm duties and responsibilities assumed by ENGINEER in the contract documents. SFCT1ON ? 6 - ADFI1T[C)NAI, 12NGINq2~RINIG ~ERVICF, S The tbllowing "additional services" are known to be required at the time of this agreement, and attthorized at per diem rates shown as Exhibit A. These and other "additional services" which may he added as required will be paid for as additional services in accord with Section 3b. 2.6.1 Crossing Permits - ENG1NEER will assist OWNER in obtaining permits required for construction on railroad or highway right-of-way, including preparation of necessary lbrms, and liaison with TxDOT. OWNER will pay any permit fees levied. 2.6.2 Record Drawings ~ ENGINEER will compile for client a set of record drawings, showing data furnished to the ENGINEER by CONTRACTOR or OWNER, and provide two sets of prints (and one reproducible copy). 263 Other Permits - ENGINEER will assist in preparing documentation for environmental or construction permits, such as 404 permits or other state/federal permits, as requested by OWNER. 26.4 Easement and Boundary Surveys ENGINEER will provide, if requested, a registered land surveyor and support personnel to prepare field notes and plats and stake proposed or existing easements or fee-simple acquisitions. 26.5 Construction Materials Testing - Quality assurance testing of soil compaction, concrete and similar materials as construction progresses. 2.6.6 Extended or numerous meetings beyond those normally encountered in a project of this nature, 9 of 10 including public hearings, utility negotiations, assistance in negotiatlng right-ot'-x~a3, condemnation or other legal proceedings, or similar. 10 of lO