14 - Professional Services Contract with Hayter - Retaining Wall along Johnson Woods CreekItem No. 14
Memorandum
TO: Mayor & City Council
Grayson Path, City Manager
FROM: Carla Easton, PE, Engineering & Community Development Director
SUBJECT: JOHNSON WOODS BANK STABILIZATION — DESIGN CONTRACT
WITH HAYTER ENGINEERING
DATE: July 27, 2020
BACKGROUND: There is an existing sackcrete wall that has failed along the Johnson Woods
Creek bank behind Gary and Rebecca Nashes property located at 645 Johnson Woods Drive. The
sackcrete wall has sunken into the channel and will obstruct flow during heavy rain events if not
properly removed and replaced. Mr. and Ms. Nash have proposed to share the cost to replace the
existing sackcrete wall with a gabion basket wall like the city just completed in the area.
Consulting services are needed to prepare the plans and specifications for the wall and to oversee
the construction.
STATUS OF ISSUE: Hayter Engineering has submitted a scope of work for this project, and a
fee of $11,175 for the design and construction management. Hayter was on the design team for
drainage improvements along this channel in 2019, so they already have survey data and job
knowledge of the improvements. Staff has selected them base on their qualifications to complete
this work, as well as their past experience with this channel.
Mr. Nash has agreed to pay upfront for 50% of the project cost up to the point where the city
contribution reaches $25,000, and 100% of project costs after that. As such, staff will send an
invoice to Mr. Nash in the amount of $5,587.50 upon approval of the contract.
BUDGET: Funds are available in the engineering operations budget for consultants.
RECOMMENDATION: Authorize the city manager to execute a professional services contract
with Hayter Engineering in an amount of $11,175 for design and construction management of a
retaining wall along Johnson Woods Creek.
PHOTOS
Mrs. Carla Easton, PE
City Engineer
City of Paris
ISO SE Is' Stxect
Paris,'I"X 75460
RE: City of Paris — 645 Johnson Woods Drive Channel Bank, Stabilization
Dear Mrs,, Easton:
July 6, 2020
Thank you. for selecting flayter Engineeiing , rovide a proposal
! and giving us the opportunity to p pr
in regard to the 645 Johnson Woods l3rive Channel Bank Stabilization project for the City of
llarl-i& It is our understanding that your selection of Hayter Engineering is based upon our ability
and experience as required by tile Texas Enf,.;,ineering Practice Act.
We understwid that the City would like to develop a, solution to stabilize a portion ofthe creek.
bank diat runs along ffie backside of Mr. Nash's propedy (645 JotMSOUL Woods Drive). As sucii,
you have asked that Hayter Engineering provide a proposal for the n=,--,ssary civil engiii:u-.�,ering
design, bid phase, and construction phase services as they pertain to t1lis project. The attached
Agreement for prof. bssional Services details tile, necessary requirenients to acc(,-)inpli,-,h this.
We look forward to the opportunity to work with. you on this endeavor. Please revieWr our attached
Professional Services Agreement to ensure it rneets your, approval. We will worl< closely with you
to enhance the overall quality of this project. If you 11iave any qtlestions Iplease do not hesitate to
email or call. 903-785-0303.
Sincerely,
HAYTER. ENGfl.'qEER.1NG, INC.
.
Christopber M.. Dontian, P E., CFM
Pi-incipal/.P.r(-rj'ect'Manage�i,
Enclosun:%: Architectural/Engineer Services Contract, Exhibit A, and Exhibit B
Practical Infrastructure So1wfiw"tfs
4445 SE Loop 286 1 Paris, TX 75460 1 haytereng.co
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11 �mw
THE STATE OF TEXAS §
§ A r,ch.i.tec.tu r.all 1_.En J eerip Services Contract
COUNTY OF LAMAR § with Hayt#1_EpR!nqerin
W I T N E S S E T K
WHEREAS, CITY desires to obtain architectural / engineering services from
CONSULTANT for Channel Bank Stabilization at 645 Johnson
................. ........
Woods Drive, Paris, TX,( and
.. . ........
WHEREAS, CONSULTANT is an architectural or engineering firm qualified to
provide such services and is willing to undertake the performance of
such services for CITY in exchange for fees hereinafter specified;
NOW, THEREFORE,
THAT IN CONSIDERATION of the covenants and agreements hereinafter
contained and subject to the terms and conditions hereinafter stated, the parties
hereto do mutually agree as follows:
CONSULTANT will perform as an independent contractor all services
under this Contract to the prevailing professional standards consistent with the
professional level of care and skill ordinarily provided by competent members of
!he architectural and engineering professions, both public and private, currentl-y
practicing in the same or similar locality under the same or similar
circumstances and professional license including but not limited to the exercise
of reasonable, informed judgments and prompt, timely action considering the
#rdinary professional skill and care of a competent engineer or architect. If
CONSULTANT is representing that it has special expertise in one or more areas
to be utilized in this Contract, then CONSULTANT agrees to perform those
special expertise services to the appropriate local, regional and national
professional standards.
COMS11TART shall perform such services as are necessary to desi_qn,
bid and review construction of the channel bank stabilization sr)ecifically
including, but not necessarily limited to, the tasks enumerated more fully in
Attachment "A" hereto entitled "Scope of Work" (hereafter referred to as the
"Project"). Attachment "A" is hereby incorporated herein by reference and made
a part hereof as if written word for word. However, in case of conflict in the
language of Attachment "A" and this Contract, the terms and conditions of this
Contract shall be final and binding upon both parties hereto.
Ill~
eAy,Mqr1tfor Services
Total payment for services described herein shall be a sum not to exceed
Eleven Thousand One Hundred Seventv-Five and No/100 Dollars ($11 17q).
This total payment for services includes CONSULTANT's ordinary expenses.
Additional expenses, which are extraordinary in nature, shall be approved in
advance by CITY in writing signed by the parties. Such extraordinary expenses
may be paid as incurred and billed to the CITY pursuant to this Contract over
and above the total payment amount identified in this provision. Any
extraordinary expenses not approved in writing in advance by the CITY shall
remain the sole responsibility of the CONSULTANT.
CONSULTANT will bill CITY on a percent complete basis in accordance
with Attachment "B"; provided however that this Contract shall control in the
event of any conflict between the language in Attachment "B" and the language
in this Contract. If additional services, trips or expenses are requested,
CONSULTANT will not provide such additional services until authorized by CITY
in writing to proceed. The scope of services shall be strictly limited. CITY shall
not be required to pay any amount in excess of the amount identified in the
preceding paragraph unless CITY shall have approved in writing in advance
(prior to the performance of additional work) the payment of additional amounts.
Each month CONSULTANT will submit to CITY an invoice supporting the
percentage complete for which payment is sought, along with a progress report
supporting the invoiced amount. Each invoice shall also state the percentage of
work completed on the Project through the end of the then submitted billing
period, the total of the current invoice amount and a running total balance for the
Project to date.
Within thirty (30) days of receipt of each such monthly invoice, CITY shall
make payment in the amount shown by CONSULTANT's approved monthly
statements and other documentation submitted. Such payments shall be subject
Architectural / Engineering Services Contract
(Hayter Engineering) Page 2of1G
to the Texas Prompt Payment Act, Texas Government Code §§ 2251.001, et
seq.
Nothing contained in this Contract shall require CITY to pay for any work
that is unsatisfactory as determined by CITY or which is not submitted in
compliance with the terms of this Contract, nor shall failure to withhold payment
pursuant to the provisions of this section constitute a waiver of any right, at law
or in equity, which CITY may have if CONSULTANT is in default, including the
right to bring legal action for damages or for specific performance of this
Contract. Waiver of any default under this Contract shall not be deemed a
waiver of any subsequent default.
IV.
R.e.y.i.slons...of, the of Services
CITY reserves the right to revise or expand the scope of services after
due approval by CITY as CITY may deem necessary, but in such event CITY
shall pay CONSULTANT equitable compensation for such services. In any
event, when CONSULTANT is directed to revise or expand the scope of services
under this Section of the Contract, CONSULTANT shall provide CITY a written
proposal for the entire cost involved in performing such additional services.
Prior to CONSULTANT undertaking any revised or expanded services as
directed by CITY under this Contract, CITY must authorize in writing the nature
and scope of the services and accept the method and amount of compensation
and the time involved in all phases of the Project.
It is expressly understood and agreed by CONSULTANT that any
compensation not specified in Paragraph III hereinabove may require approval
by the City Council and is subject to the current budget year limitations.
M
This Contract shall begin on the date first written above, and shall
terminate when CITY has approved the Project as being final or otherwise
terminates this Contract as provided herein.
I.
Contract Termination Provision
This Contract may be terminated at any time by CITY for any cause by
providing CONSULTANT thirty (30) days written notice of such termination.
Upon receipt of such notice, CONSULTANT shall immediately terminate working
i,n, placing orders or entering into contracts for supplies, assistance, facilities or
materials in connection with this Contract and shall proceed to promptly cancel
all existing contracts insofar as they are related to this Contract.
Architectural / Engineering Services Contract
(Hayter Engineering) Page 3 of 16
All materials and documents prepared or assembled by CONSULTANT
under this Contract shall become the sole property of CITY and shall be
delivered to CITY without restriction on future use. CONSULTANT may retain in
its files copies of all drawings, specifications and all other pertinent information
for the work. CONSULTANT shall have no liability for changes made to any
materials or other documents by others subsequent to the completion of the
•
Vill.
ins.urance...Rg ts.
A. Before commencing work, the consultant shall, at its own expense,
procure, pay for and maintain during the term of this Contract tha.
following insurance written by companies approved • the State • Texas
and acceptable to the City of Paris. The consultant shall furnish to the
City Clerk certificates of insurance executed by the insurer or its
authorized •' stating coverages, limits, expiration • and
compliance with all applicable required provisions. Certificates shall
reference the project/contract number and • addressed as follows:
r WM*
1 Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury,
Prod ucts/Completed Operations, Independent Contractors and
Contractual Liability, with minimum combined single limits of
$1,000,000 per -occurrence, $1,000,000 •• ucts/Completed
Operations Aggregate and $1,000,000 general aggregate.
Coverage must be written on an occurrence form. The General
Aggregate shall apply • a •- project •.
2.
• Compensation insurance with statutory limits; and
Employers' Liability coverage with minimum limits for bodily injury:
a)
• accident, $100,000 each accident, • • disease, $100,004
•- employee with a •- •• aggregate • $500,000.
3Business Automobile Liability insurance covering owned, hired and
non -owned vehicles, with a minimum combined bodily injury and
property damage limit of $1,000,000 per occurrence.
Architectural / Engineering Services Contract
(Hayter Engineering) Page 4 of 16
4. Professional Liability Insurance to provide coverage against a
claim which the consultant and all consultants engaged or employ
by the consultant become legally obligated to pay as damag
arising out of the performance of professional services caused
error, omission or negligent act with minimum limits of $2,000,0
per claim, $2,000,000 annual aggregate.
NOTE: If the insurance is written on a claims -made form, coverag
shall be continuous (by renewal or extended reporting period) f
not less than thirty-six (36) months following completion of th
contract and acceptance by the City • Paris. 11
B. With reference to the foregoing required insurance, the Consultant shall
endorse applicable insurance policies as follows:
1 A waiver
•': subrogation in favor • City • Paris, its •
employees, and officers shall be contained in the Workers'
Compensation insurance •
2. The City of Paris, its officials, employees and officers shall b
named as additional '• • the Commercial General Liabili
policy, by using endorsement CG2026 or broader; and, the City
b
il
Paris shall be provided a defense to any and all claims and cause
of action arising out of or related to this Agreement as may b
provided pursuant to CONSULTANT's general liability insuranc
I
policies. In this regard, CONSULTANT shall assist CITY to obtai
it
any defense provided by the CONSULTANT's general liabili
insurance policies,
Nothing contained in Section XII of this Agreement shall be
interpreted or applied as limiting, reducing, or eliminating any
obligation or duty that CONSULTANT's insurance carrier may owe
to CITY as an additional insured, pursuant to endorsement CG2026
or broader under the CONSULTANT's general liability insurance
policies required by this Agreement, to provide the CITY with a
defense and/or indemnify the CITY for any claim or cause of action,
whether one or more, regardless of the proportionate responsibility
or liability of the CONSULTANT or the CITY. Neither shall anything
contained in this Section Vill be interpreted or applied as providing
• otherwise • either CONSULTANT, CONSULTANT's
insurance carrier or any other party any right or ability to recover
over against CITY any amounts of money attributable to damages,
costs, expenses and/or attorneys' fees based on or arising out of a
finding of comparative or proportionate responsibility or liability as
against the CITY it being understood and agreed that CITY in no
Architectural / Engineering Services Contract
(Hayter Engineering) Page 5 of 16
way intends by this Agreement to waive its sovereign immunity
regarding any claim, suit or cause of action.
3. All insurance policies shall be endorsed to the effect that City
Paris will receive at least thirty (30) days notice in advance of th
cancellation effective date of any policy of insurance that
cancelled by the insurance company for any reason other tha
nonpayment of premium. 11
4. All insurance policies shall be endorsed to the effect that City (M
Paris will receive at least ten (10) days notice in advance of t"
cancellation effective date of any policy of insurance that
cancelled by the insurance company for nonpayment of premium
by CONSULTANT for any reason. I
All insurance shall be purchased from an insurance company that meets a
financial rating of B+Vl or better as assigned by A.M. Best Company or
D. The CORSULTART shall notify CITY in writing at least thirty (30) days
prior to CONSULTANT cancelling or making any material change to any
coverage(s) provided in, or through, the insurance policies required under
this Section Vill. Failure by CONSULTANT to provide CITY the notice
required hereunder may, in the sole discretion of CITY, be deemed a
material breach of this Agreement.
YAM
CONSULTANT agrees that CITY shall have access to and the right to
examine any books, documents, papers and records of CONSULTANT involving
transactions relating to this Contract. CONSULTANT agrees that CITY shall
have access during normal working hours to all necessary CONSULTANT
facilities and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this section. CITY shall give
CONSULTANT reasonable advance notice of intended audits.
CONSULTANT further agrees to include in subcontract(s), if any, a
provision that any subcontractor or engineer agrees that CITY shall have access
to and the right to examine any directly pertinent books, documents, papers and
records of such engineer or sub -contractor involving transactions to the
subcontract, and further, that CITY shall have access during normal working
hours to all such engineer or sub -contractor facilities and shall be provided
adequate and appropriate work space, in order to conduct audits in compliance
with the provisions of the paragraph. CITY shall give any such engineer or sub -
Architectural / Engineering Services Contract
(Hayter Engineering) Page 6of18
St9ccessoirs and U�
PTY arid CONSULTANT each lbaind thernselves airnd their successors,
euutoir , advninistrators andurn to the otl-nor party 'to this co n'Uur 'U an 'U
the successoirs, executors, admIIrflstirators and assigins of such other party UIQ
respect -to a11P covenants of this Contract. Neither crry nor � oiNs UP,,....,,,rANT shall
assigiri ollr transfer its Vrnt' Ir st herein without the prior written coriseirit of the
otti Ir.
i
, c ptt,:Irn f -the fire p plans by tl--w CITYshall not constitute inor The
deemed a release 'f 'the responsibility and PUabifity of CONSUIL,,,IAINT, Pt
employees, ii t agents or° corisultants for Ittie accuracy and competency
of their- designs, working drawings, specifications or other docurneirflz andIrk„rnor shall such acceptaince be deen--ied an assumption of resporssilbility by C11.,,,11
for any defect in the ig n , wor°IkPIrn r° ' aiiu"ng „pecif catiorn or other
doct.virnents and work; nor shalP such acceptance The eerr'n an assurnption of
respons U ility I y CITY for any defect Prn the ig n ,i„)rkiiirn r lra uln „
sl:)ecifications or other documents and Irk prepared by said II .".36 f,,,,,,,,,r, its
eml-)loyees, associates, agents or subconsultainlis„
COINSUL.TAN"'r DOESIHERE[,3Y COVIIENA14"'llll AND colm r1IRAC,r T
WAIVE ANY ANDIII-L CLAIIIINS, I11:111; LIIESIE, UU 11I)111:m;i1II U'U '" , AN11D HOLD
I1°°111 ,II M LIIE ill'°UPS U -U°` , I i"S CITYU NC I L,F-11HI II I m 3, I I P III,,,,, O IE E S, AND
GEM`S, UN B0-11rH 71°"1I IIII UUP B111 111C ANDPRIVATE E PPS ITIES,PP:� IIIU U
FAUNS "'I All,,,,,IP,,,,,, PCU IIP U111„.U°' Y, CAUSES 01"W ACTION, CITAI"'IONS, CUL IIII d
w 1111IMA11'4III , P111: ESPINES, JUDGMENTS, I1,,„ OSSES,
IN.III s IV� SUITS,
WHICH 111114 ANY WAY ARIIISE OUT OF, PPS"IIS" 111°,
OR RESUL„,I FIROM U 1I1,,,,,iU'” I ,,,r s IIE R I:::" U UUUU PI E III .„J IN D II , IU THIS
coliq "RAC°'IIP„ AND W11H11101--i , AR111::E ! EIBY THE III IUB 1„ E 110114AL P U UP°„ ULA 111,,,,,,
ACTe OR NEGLIGENT AC 111"S 01111U U U F' COINSUIL°'I"' NT 011IR
CONSUL'I'AN,,,1"' U BCO "I'RAC7 ORS AND IU°IU°'UPU' OFFICEIRS, AGENTS OR
EMPIL.OYEES OF P rrilU°uE-111 COINSIXII.JAN"'I OR S U L°U INT'
S UIBCON 111`1111ACT U (Til $ "UU III PIU 11 'UPP9IIP) IU"'lIrEI ") SUBJEC"'UP- TO rHII[
'TEXASLlivi
CIVIL III I TEXAS PI,,,,,, L PE U U UI E uT E 271 . UIQ
TU IIliiiiP ANDMEDIEIPS, §130.002(113).
BY WAY F EXAMI„IL , TH111::;i 1I4DE11MIY1F11II1r.:'111ID DI"'PU"'EMS MAY IPI CIII,,,,UD
1:,)ERS01114AL INJURY RY ,N DEATI°'III CI..AI1WS ANDPPIU10PP III "'III "°" MAG
AirdhfteoA,urW / I orngUineedrig Services Contract
(Hayter I onginieering) Page 7 of 16
INCLUDING • •. LOSS OF USE OF PROPERTY,AS 411
AS INTELLECTUAL PROPERTY INFRINGEMENT OR FAILURE TO PAY A
SUBCOUTRACTOR OR SUPPLIER.
III lip lip
• • ■
CONSULTANT's status shall be that of an Independent Contractor and not
an agent, servant, employee or representative of CITY in the performance of this
Contract. No term or provision of or act of CONSULTANT or CITY under this
Contract shall be construed as changing that status. CONSULTANT will have
exclusive control of and the exclusive right to control the details of the work
performed hereunder, and shall be liable for the acts and omissions of its
officers, agents, employees, contractors, subcontractors and engineers and the
doctrine of respondeat superior shall not apply as between CITY and
CONSULTANT, its officers, agents, employees, contractors, subcontractors and
engineers, and nothing herein shall be construed as creating a partnership or
joint enterprise between CITY and CONSULTANT.
Rim
If at any time during the term of this Contract, CONSULTANT shall fail to
commence the work in accordance with the provisions of this Contract or fail to
diligently provide services in an efficient, timely and careful manner and in strict
accordance with the provisions of this Contract or fail to use an adequate
number or quality of personnel to complete the work or fail to perform any of its
obligations under this Contract, then CITY shall have the right, if CONSULTANT
shall not cure any such default after thirty (30) days written notice thereof, to
terminate this Contract. Any such act by CITY shall not be deemed a waiver of
any other right or remedy of CITY. If after exercising any such remedy due to
CONSULTANT's nonperformance under this Contract, the cost to CITY to
complete the work to be performed under this Contract is in excess of that part
of the Contract sum which has not theretofore been paid to CONSULTANT
hereunder, CONSULTANT shall be liable for and shall reimburse CITY for such
excess. CONSULTANT'S liability under this provision shall be limited to the
total dollar amount
of
•
Architectural / Engineering Services Contract
(Hayter Engineering) Page 8 of 16
CITY's remedies for CONSULTANT's default or breach under this
Contract shall be one or more of the following remedies which may be exercised
;eparately or in combination at CITY's sole exclusive choice:
(a) Specific performance of the Contract;
(1) The amount of any applicable insurance coverage
CONSULTANT is required to purchase and maintain under this
Contract plus any deductible amount to be paid by CONSULTANT in
conjunction with said coverage regardless of whether
CONSULTANT has actually purchased and maintained said
coverage; or,
The terms of Sections XII entitled Ind,P,mnifiq,a.fioR, and XVII entitled
Confidential Information shall survive termination of this Contract.
CITY may, from time to time, require changes in the scope of services to
be performed under this Contract. Such changes as are mutually agreed upon
by and between CITY and CONSULTANT shall be incorporated by written
modification to this Contract.
CONSULTANT covenants and agrees that CM1,,&.1LTAftT and its
associates and employees will have no interest, and will acquire no interest,
either direct or indirect, which will conflict in any manner with the performance of
Lhe services called for under this Contract. All activities, investigations and
other efforts made by CONSULTANT pursuant to this Contract will be conducted
by employees, associates or subcontractors of CONSULTANT.
CONSULTANT hereby acknowledges and agrees that its representatives
may have access to or otherwise receive information during the furtherance of
non -
Architectural / Engineering Services Contract
(Hayter Engineering) Page 9mf1O
public or proprietary nature. CONSULTANT shall treat any such information
received in full confidence and will not disclose or appropriate such Confidential
Information for its own use or the use of any third party at any time during or
subsequent to this Contract. As used herein, "Confidential Information" means
all oral and written information concerning City of Paris, its affiliates and
subsidiaries, and all oral and written information concerning CITY or its
activities, that is of a non-public, proprietary or confidential nature including,
without limitation, information pertaining to customer lists, services, methods,
processes and operating procedures, together with all analyses, compilation,
studies or other documents, whether prepared by CONSULTANT or others,
which contain or otherwise reflect such information. The term "Confidential
Information" shall not include such materials that are or become generally
available to the public other than as a result of disclosure of CONSULTANT, or
are required to be disclosed by a governmental authority.
XVIII.
All notices and communications under this CONTRACT to be mailed to
'CITY shall be sent to the address of CITY's agent as follows, unless and until
CONSULTANT is otherwise notified:
City of Paris
*1
Notices and communications to be mailed or delivered to CONSULTANT
shall be sent to the address of CONSULTANT as follows, unless and until CITY
is otherwise notified:
Christopher M. Donnan, P.E., CH
Hayter Engineering, Inc.
.4445 SE Loop 286
Paris, Texas 75460
Any notices and communications required to be given in writing by one
party to the other shall be considered as having been given to the addressee on
the date the notice or communication is posted, faxed or personally delivered by
the sending party,
Architectural / Engineering Services Contract
(Hayter Engineering) Page 10 of 16
mom
The CONTRACT is entered into subject to the Paris City Charter and
irdinances of CITY, as same may be amended from time to time, and is subject
to and is to be construed, governed and enforced under all applicable State of
Texas and federal laws. CONSULTANT will make any and all reports required
per federal, state or local law including, but not limited to, proper reporting to the
Internal Revenue Service, as required in accordance with CONSULTANT's
income. Situs of this Contract is agreed to be Lamar County, Texas, for all
purposes, including performance and execution.
If any of the terms, provisions, covenants, conditions or any other part of
ihis Contract are for any reason held to be invalid, void or unenforceable, the
remainder of the terms, provisions, covenants, conditions or any other part of
ihis Contract shall remain in full force and effect and shall in no way be affected,
impaired or invalidated.
-
No right or remedy granted herein or reserved to the parties is exclusive
of any other right or remedy herein by law or equity provided or permitted; but
each shall be cumulative of every other right or remedy given hereunder. No
covenant or condition of this Contract may be waived without written consent of
the parties. Forbearance or indulgence by either party shall not constitute a
waiver of any covenant or condition to be performed pursuant to this Contract.
XXII.
it rvre, en
This Contract embodies the complete agreement of the parties hereto,
superseding all oral or written previous and contemporaneous agreements
between the parties relating to matters herein, and except as otherwise provided
herein cannot be modified without written agreement of the parties.
It is further agreed that one (1) or more instances of forbearance by CITT
in the exercise of its rights herein shall in no way constitute a waiver thereof,
... ... ... ......... ..... ...
Architectural / Engineering Services Contract
(Hayter Engineering) Page 11 of 16
EFIV—G=
The headings of this Contract are for the convenience of reference only
and shall not affect any of the terms and conditions hereof in any manner
The parties to this • agree and covenant that this Contract will •
enforceable in Paris, Texas; and that if legal action is necessary to enforce this
Contract, exclusive venue will lie in Lamar County, Texas, • in the United
States District
• for the Eastern District • Texas, Sherman Division.
XXV1.
No Thiird,ftft
• purposes • this Contract, including its intended operation and effect,
the parties (CITY and CONSULTANT) specifically agree and contract that: (1)
the
• • affects matte rs/d is • between the parties to this •
and is in no way intended by the parties to benefit or otherwise affect any third
person or entity notwithstanding the fact that such third person or entity may be
in
• relationship with CITY • CONSULTANT • •• and (2) the terms
of this Contract are not intended to release, either by contract or operation of
law, any
• person • entity from obligations owing • them to either CITY or
CONSULTANT.
IN WITNESS WHEREOF, the parties hereto have set their hands by their
representatives duly authorized on the day and year first written above.
M,
•
- 0 .c
LOUR ITI - a - • -
MEN=
Architectural / Engineering Services Contract
(Hayter Engineering) Page 12 of 16
Janice Ellis
City Clerk
APPROVED AS TO FORM:
STEPHANIE HARRIS
City Attorney
Hayter Engineering, Inc.
(Consultant's Name)
By -
Name: hael J. Donnan
Title: President
Date Signed °
[Remainder of page left blank intentionally.]
Architectural / Engineering Services Contract
(Hayter Engineering) Page 13 of 16
ri.....IE STATE OF ,,,I.,..EXAS §
COUIIIq I OF l-AMAR §
BEFORE ME, the undersigned authority, h"i and for said County, Texas, oirl this
day personally appeared GRAYSON PA.,.fH, City (Manager of the CITY OF
PARIS, a Texas Municipal Corporation, known to me to be the Iverson wt-lo".s
name IS subscrilbed to the foregoing iinstrUmeint, armd acknowledged to me that
lie has executed the same on the City"s behalf,
GIVEN UNDER IIMY HAND AND SEAM,. OFOFFICE, THIS THE
DAY OF ......... --n 20
Notary Public Lamar County, Texas
My commission expires
THE STATE OF TEXAS §
COUNTY OF LAMAR §
This instrument was acknowledged before me on the 6th day of July, 2020, by
Michael J. Donnan in his capacity as President of Hayter Engineering, Inc., a
Texas Corporation, known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged that he executed the same on
behalf of and as the act of Hayter Engineering, Inc.
GIVEN UNDER MY HAND AND
2020.
MARCIE M DOVE
_� •,� Notary Public. State of Texas
Zr Comm. Expires 09-10 2021
Notary ID 1096130-0
L OF OFFICE, THIS THE 6th DAY OF JULY,
'J
Nota" y -Public County, Texas
My commission expires 4::�,9 Lpr�
Architectural J Engineering Services Contract
(Hayter Engineering) Page 14 of 16
EXHIBIT "A"
CITY OF PARIS
FOR
645 JOHNSON WOODS DRIVE CHANNEL BANK STABILIZATIO1
.............. _Q il"i a" IIIIN *I
The CITY proposes to construct a channel bank stabilization solution along the
backside of the property located at 645 Johnson Woods Drive, The limits of this project
will be an existing gabion wall (north) and an existing concrete bag wall (south);
approximately 45 linear feet. Services by the CONSULTANT shall include all aspects of
the work set forth in the following scope of services.
a 0 1 •9 i"T Lt A�
PesLgn Phase Services
1 Development of the design including plans and technical specifications up
to a 90% completion level.
a. The limits of this project will be an existing gabion wall (north) and
an existing concrete bag wall (south); approximately 45 linear feet.
b. Gabion basked (plan view) design, details, and technical
specifications.
i. The City of Paris has requested a limited design in which
Hayter Engineering shall provide the minimum amount of
detail necessary for the contractor to complete the work. As
such, Hayter Engineering's plan view will simply show the
extents of the gabion wall and details will show the typical
construction of said wall.
c. Prepare an erosion control plan.
i. The erosion control plan shall illustrate the locations of rock
check dams, or any other necessary erosion control
measures that should be installed during construction
activities.
M . HEI QA/QC Review.
e. Submit 90% plans and technical specification to the Owner for
review and comment.
2. Development of the final (100%) design including plans and technical
specifications for the project.
a. Address and incorporate all 90% design comments from the Owner
into the final plans and technical specifications.
b. Prepare a quantity take -off for the Owner.
c. Coordination with the Owneri
d. Prepare final drawings to show scope, extent, and character of the
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e. Submit final plans and technical specifications to the Owner.
3. Project Management and Coordination.
a. I hese activities shall include the time required for task leadership
and direction, telephone and written communication, project status
updates, personnel and data management, general projecli
management activities, and • services.
Bid Phase Services
1 Prepare contract documents, general conditions, bid forms, invitations 4
bidders, and • to bidders.
2. Contact up to five (5) •': and request bids for the work.
a. Provide drawings and specifications to contractors.
3. Prepare and distribute a maximum of one (1) addenda to interpret, clarify,
or expand the final plans and technical specifications.
4. Provide the City with a list of bidders and bids.
a. City will perform reference checks.
5. Prepare and distribute contract documents for execution.
1 . Conduct one (1) preconstruction •
2. Review contractor submittals.
3. Address contractor requests for information.
4. Prepare a maximum of one (1) change order.
5. Hayter Engineering shall make three (3) site visits during construction. It
is anticipated that these visits will be made at the following times: 1)
During excavation of the existing channel bank; 2) During the construction
of the gabion wall; 3) A final inspection after the gabion wall has been
completed.
a. Additional site visits will be covered under Exhibit B — Services of
the Engineering "Additional Engineering Services"
6. The City shall assign a City Inspector for daily inspections. As such,
Hayter Engineering will not • expected to • day-to-day
construction activities.
7. All materials testing shall be initiated and handled by the City.
8. The City plans to make one lump sum payment to the contractor upon
completion and approval • the work.
The CONSULTANT shall perform the necessary engineering and relateig'
technical services for the Design, Bid and Construction Phase Services including
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Sp cial Services
1. Additional Services
The following additional services are beyond the scope of servicc��
described above. However, the Consultant can provide the additional
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services, if needed, upon the City's written request. Any additional
amounts paid to the Consultant as a result of any material change to the
scope of the project shall be agreed upon in writing by both parties before
the services are performed. The additional services include, but are nol
limited to, the following:
a. Improvements outside the project limits
b, Communication with property owners (wriltten or oral)
c. Consulting services by others not included in proposal
d. Floodplain reclamation plans or floodplain analysis
e. Addenda other than the one (1) specified in Exhibit B
f. Change orders other than the two (2) specified in Exhibit B
g. Pre-bid conference
h. Check bidder qualifications
i. Survey services
j. Site visits/inspections above and beyond the three (3) noted in
E.YW,ibit C
k. Record drawings
I. Geotechnical services
m. Environmental services
n. Preparation of a Section 404 jurisdictional determination report
inclusive of a delineation of the jurisdictional boundaries.
o. Preparation and coordination of a Section 404 permit application
and supporting documentation (i.e. conceptual mitigation plan
report,
p. Preparation of a final compensatory mitigation plan, mitigation
construction plans, and technical specifications.
q. Performance of mitigation monitoring and preparation of mitigation
monitoring reports.
r. Performance of biological surveys.
s. Performance of a historic resources survey and archeological
investigation.
Materials testing during construction
u. Construction staking
v. Rig ht-of-Way/Ease ment research and/or surveying
w. Warranty review
x. Filing fees associated with permits, submittal fees, impact fees, etc.
Exclusions
Th-e--s-c-ope of services identified herein specifically excludes the following items,
however, these items can be provided if necessary with a revision to scope of work and
fees as agreed between CITY and CONSULTANT in writing:
1. Services not set forth in Exhibit A of this Agreement.
2. Alternate additions not included in the original scope.
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EXHIBIT B
PAYMENT
For and in consideration of Professional Services to be rendered by
CONSULTANT, CITY agrees to pay, based on the fees indicated below, with the
total fee not to exceed eleven thousand one hundred seventy-five dollars and
zero cents ($11,175.00). Partial payments to CONSULTANT will be made on the
basis of rnthly statements rendered to and approved •however,
under no circumstances shall any monthly statement for services exceed the
value of work performed at the time a statement is rendered. Payment for the
services shall be due and payable within one month of submission of a statement
for ' summary of the fee is as shownbelow:
DESIGN SERVICES
(46% of Total Basic Service Fee) $5,1150.0*1
BID
PHASE SERVICES
(26% of Total Basic Service Fee) $2,950.00
IV. CONSTRUCTION ADMINIST.I�JIOII
s' of ! $3,075
agreement.SPECIAL SERVICES
No "Special Services" are known to be required at the time of this
TOTAL SERVICES FEE = $11,17PI
Personnel Hourly Rates
Principal
180.00
Project Manager
155.00
Project Engineer
125.00
Design Engineer 11
115.00
Design Engineer 1
105.00
Senior CAD/Survey Technician
85.00
CAD Technician 11
70.00
CAD Technician 1
60.00
Senior Administrative
80.00
Administrative Assistant
70.00
On -Site Observer
80.00
Surveyor
145-00
Survey Technician 11
65.00
Survey Technician 1
45.00
Survey Crew - 2 Man Party
110.00
Survey Crew - 3 an Party
160.00
Survey Crew —1 Man GPS
100.00
The schedule of per them rates may be changed by the ENGINEER at his soi
discretion. Time billed for per them rate services shall be in minimum incremen
of Y4 hour, i
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