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801 <br /> <br /> will kill it. Mr. Chennault is proposing a contract to do all of the trees on the site <br /> at $75.00 per hour and when he uses an assistant, it will cost $35.00 an hour for <br /> the assistant. Mr. Vest estimated the cost would probably be approximately <br /> $6,000.00 to $8,000.00 for tree services. <br /> <br /> Resolution No. 2002-005, accepting the proposal of Grabber, Simmons & <br /> Conan, Professional Architects, to provide master planning services for a <br /> business park in the City of Paris, was presented. <br /> <br /> Mr. Vest advised that there is a problem with part of this contract that City <br /> Attorney Schenk pointed out to him. Mr. Vest said the problem is Item No. 7(b), <br /> which provides for non-binding arbitration with the architect. Mr. Vest explained <br /> that the City Attorney said that they would not go non-binding arbitration with <br /> anyone except the architect, and if they go to arbitration, it will be Paris, Texas, <br /> and not in Austin, Texas, as it was specified in the original agreement. The City <br /> Attorney also specified that the PEDC would not go to non-binding arbitration <br /> with contractors or subcontractors. Mr. Vest advised that Jim Shackelford has <br /> responded to these items and he has submitted the changes to him. Mr. Vest said <br /> Mr. Shackelford did not have a problem with changing the point of mitigation <br /> to Paris, Texas, but he did leave the contractor and subcontractors in the contract. <br /> Mr. Vest stated that the City Attorney wanted:that removed. <br /> <br /> Another item that the City Attorney had a problem with is in Item No. 7 <br /> concerning the limits of liability of the architect, which is really for his <br /> protection. Since there areno structures under his plan, this is really not a big <br /> issue. Mr. Vest said that he and the City Attorney need to work this out with Mr. <br /> Shackelford. The final problem was Item No. 7(g). The original contract states <br /> that all plans and specifications would belong to the architectural firm. Mr. Vest <br /> advised that after discussing this with Mr. Shackelford, he is willing to amend <br /> the contract to give all rights to the plans and documents to the PEDC, except <br /> some things that they have the copyrights to and those stay with the firm. Mr. <br /> Vest said that the City Attorney has asked that if the Board approves this <br /> contract, that they approve the contract subject to City Attorney Schenk and Mr. <br /> Shackelford getting together and working these items out. <br /> <br /> After discussion, a motion was made by Director Fendley for approval of the <br /> resolution subject to the approval of the City Attorney's recommendations. The <br /> motion was seconded by Director Wall, and carried unanimously. <br /> <br /> <br />