11 - Contract with Toole Design Group for conceptual design of 1st Street SE from Lamar to Clarksville StreetItem No. 11
TO: Mayor & City Council
Grayson Path, City Manager
FROM: Carla Easton, PE, Engineering & Community Development Director
SUBJECT: 1sT STREET SE CONCEPTUAL DESIGN — TOOLE DESIGN GROUP
DATE: August 24, 2020
BACKGROUND: The comprehensive plan and the Downtown Visioning Plan prepared by the
Toole Design Group in 2018 recommends a transformation of 1St Street SE to a walkable street
with pedestrian amenities, lighting, and utility improvements from Lamar to Clarksville, with the
intention of creating an outdoor venue space coordinated with surrounding vendors and businesses.
Since the adoption of the downtown plan, there has been a significant amount of private investment
into revitalizing downtown buildings. One specific project is 37 Clarksville St located at the
northeast corner of Clarksville and 1St SE. Walt Reep is completely remodeling the building to
include a first floor retail store, basement venue space, and second story loft apartments. In
addition to the building remodel, he has a vision to create outdoor gathering and dining space in
the alley and onto 1" SE, as recommended in the city plan. As such, Mr. Reep has asked to partner
with the city to develop a concept design for the reconstruction of 1St SE. Because the city project
is not yet funded, staff does not have anything conceptual for Mr. Reep to use in coordination of
his project. However, we do intend to pursue funding opportunities through the TxCDBG Main
Street Program in hopes of funding improvements next year. However, a design next year will not
help Mr. Reep to meet his own project deadlines for the building remodel. He has proposed a
50/50 cost share for the conceptual plan in order to coordinate with his improvements at 37
Clarksville St.
STATUS OF ISSUE: The Toole Design Group has submitted a proposal in the amount of $13,600.
Mr. Reep has donated $6,800 towards this effort. Staff is prepared to expedite this conceptual
design once a contract is executed.
BUDGET: Funds are available in the Community Development budget in unexpended funds for
2020.
RECOMMENDATION: Authorize the city manager to execute a contract with Toole Design
Group for a conceptual design of 1St Street SE from Lamar to Clarksville in the amount of $13,600.
THE STATE OF TEXAS §
§ Architectural / Enq!n_eedn9i Services Contract
COUNTY OF LAMAR § with Toole Desi n Group LLC
THIS CONTRACT is entered into on this 17 day of
July 2020 , by and between the CITY OF PARIS, TEXAS, a
municipal corporation located in Lamar County, Texas, (hereinafter referred to
as "CITY"), acting by and through its Interim City Manager or his designee, and
Toole Des Ig n Grou ("hereinafter referred to as "CONSULTANT") whose
_4
address is 8484, Geor is Avenue. Suite 800 Silver SDring, MD 20910
WITNESSETH:
WHEREAS, CITY desires to obtain architectural / engineering services from
CONSULTANT for Schematic Desicin Services ; 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:
I.
Employment of Consultant
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
the architectural and engineering professions, both public and private, currently
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
ordinary 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.
II.
Scone of Services
CONSULTANT shall perform such services as are necessary to Develoo
a schematic desi n for the 1gt Street Shared Stree#specifically 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.
III.
Payment for Services
Total payment for services described herein shall be a sum not to exceed
Thirteen Thousand Six Hundred and No/100 Dollars ($ 13.600.00). 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
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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.
Revisions of the Sco a 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.
V.
Term
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.
VI.
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
on, 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.
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VII.
Ownership of Documents
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
Contract.
VIII.
Insurance Re uirements
A. Before commencing work, the consultant shall, at its own expense,
procure, pay for and maintain during the term of this Contract the
following insurance written by companies approved by the State of 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 agent stating coverages, limits, expiration dates and
compliance with all applicable required provisions. Certificates shall
reference the project/contract number and be addressed as follows:
City of Paris
150 SE First St
Paris TX 75460
1. Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury,
Products/Completed Operations, Independent Contractors and
Contractual Liability, with minimum combined single limits of
$1,000,000 per -occurrence, $1,000,000 Products/Completed
Operations Aggregate and $1,000,000 general aggregate.
Coverage must be written on an occurrence form. The Genera[
Aggregate shall apply on a per project basis.
2. Workers' Compensation insurance with statutory limits; and
Employers' Liability coverage with minimum limits for bodily injury:
a) by accident, $100,000 each accident, b) by disease, $100,000
per employee with a per policy aggregate of $500,000.
3. Business 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.
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4. Professional Liability Insurance to provide coverage against any
claim which the consultant and all consultants engaged or employed
by the consultant become legally obligated to pay as damages
arising out of the performance of professional services caused by
error, omission or negligent act with minimum limits of $2,000,000
per claim, $2,000,000 annual aggregate.
NOTE: If the insurance is written on a claims -made form, coverage
shall be continuous (by renewal or extended reporting period) for
not less than thirty-six (36) months following completion of the
contract and acceptance by the City of Paris.
B. With reference to the foregoing required insurance, the Consultant shall
endorse applicable insurance policies as follows:
1. A waiver of subrogation in favor of City of Paris, its officials,
employees, and officers shall be contained in the Workers'
Compensation insurance policy.
2. The City of Paris, its officials, employees and officers shall be
named as additional insureds on the Commercial General Liability
policy, by using endorsement CG2026 or broader; and, the City of
Paris shall be provided a defense to any and all claims and causes
of action arising out of or related to this Agreement as may be
provided pursuant to CONSULTANT's general liability insurance
policies. In this regard, CONSULTANT shall assist CITY to obtain
any defense provided by the CONSULTANT's general liability
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 VIII be interpreted or applied as providing
or otherwise entitling 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
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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 of
Paris will receive at least thirty (30) days notice in advance of the
cancellation effective date of any policy of insurance that is
cancelled by the insurance company for any reason other than
nonpayment of premium.
4. All insurance policies shall be endorsed to the effect that City of
Paris will receive at least ten (10) days notice in advance of the
cancellation effective date of any policy of insurance that is
cancelled by the insurance company for nonpayment of premium or
by CONSULTANT for any reason.
C. All insurance shall be purchased from an insurance company that meets a
financial rating of B+VI or better as assigned by A.M. Best Company or
equivalent.
D. The CONSULTANT 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 VIII. 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.
IX.
Right to Inspect Records
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-
contractor reasonable advance notice of intended audits.
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X.
Successors and Assigns
CITY and CONSULTANT each bind themselves and their successors,
executors, administrators and assigns to the other party to this contract and to
the successors, executors, administrators and assigns of such other party in
respect to all covenants of this Contract. Neither CITY nor CONSULTANT shall
assign or transfer its interest herein without the prior written consent of the
other.
XI.
CONSULTANT's Liabilit
Acceptance of the final plans by the CITY shall not constitute nor be
deemed a release of the responsibility and liability of CONSULTANT, its
employees, associates, agents or consultants for the accuracy and competency
of their designs, working drawings, specifications or other documents and work;
nor shall such acceptance be deemed an assumption of responsibility by CITY
for any defect in the designs, working drawings, specifications or other
documents and work; nor shall such acceptance be deemed an assumption of
responsibility by CITY for any defect in the designs, working drawings,
specifications or other documents and work prepared by said CONSULTANT, its
employees, associates, agents or sub -consultants.
XII.
INDEMNIFICATION
CONSULTANT DOES HEREBY COVENANT AND CONTRACT TO
WAIVE ANY AND ALL CLAIMS, RELEASE, INDEMNIFY, AND HOLD
HARMLESS THE CITY, ITS CITY COUNCIL, OFFICERS, EMPLOYEES, AND
AGENTS, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND
AGAINST ALL LIABILITY, CAUSES OF ACTION, CITATIONS, CLAIMS,
COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LOSSES,
PENALTIES OR SUITS, WHICH IN ANY WAY ARISE OUT OF, RELATE TO,
OR RESULT FROM CONSULTANT'S PERFORMANCE UNDER THIS
CONTRACT AND WHICH ARE CAUSED BY THE INTENTIONAL WRONGFUL
ACTS OR NEGLIGENT ACTS OR OMISSIONS OF CONSULTANT OR
CONSULTANT'S SUBCONTRACTORS AND THE OFFICERS, AGENTS OR
EMPLOYEES OF EITHER CONSULTANT OR CONSULTANT'S
SUBCONTRACTORS (THE "INDEMNIFIED ITEMS") SUBJECT TO THE
LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE § 271.904 AND TEXAS
CIVIL PRACTICE AND REMEDIES CODE, § 130.002(B).
BY WAY OF EXAMPLE, THE INDEMNIFIED ITEMS MAY INCLUDE
PERSONAL INJURY AND DEATH CLAIMS AND PROPERTY DAMAGE
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CLAIMS, INCLUDING THOSE FOR LOSS OF USE OF PROPERTY, AS WELL
AS INTELLECTUAL PROPERTY INFRINGEMENT OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER.
INDEMNIFIED ITEMS SHALL INCLUDE REASONABLE ATTORNEYS'
FEES IN PROPORTION TO THE CONSULTANT'S LIABILITY AND COSTS,
COURT COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL
ALSO INCLUDE ANY EXPENSES, INCLUDING REASONABLE ATTORNEYS'
FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR
ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY.
XIII.
Inde endent Contractor
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.
XIV.
Default
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 this Contract.
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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
separately or in combination at CITY's sole exclusive choice:
(a) Specific performance of the Contract;
(b) Re -performance of this Contract at no extra charge to CITY; or,
(c) Monetary damages in an amount not to exceed the greater of:
(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,
(2) The total dollar amount of this Contract.
The terms of Sections XII entitled Indemnification, and XVII entitled
Confidential Information shall survive termination of this Contract.
XV.
Changes,
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.
XVI.
Conflict of Interest
CONSULTANT covenants and agrees that CONSULTANT 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
the 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.
XVII.
Confidential Information
CONSULTANT hereby acknowledges and agrees that its representatives
may have access to or otherwise receive information during the furtherance of
its obligations in accordance with this Contract, which is of a confidential, non -
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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.
Mailin Address
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
Post Office Box 9037
Paris, Texas 75461
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:
Toole Design Group, LLC
Attn: Bill Schultheiss
8484 Georgia Ave, Suite 800
Silver Spring, MD 20910
Any notices and communications
party to the other shall be considered a:
the date the notice or communication is
the sending party.
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required to be given in writing by one
having been given to the addressee on
posted, faxed or personally delivered by
Page 10 of 16
X1X.
Applicable Law
The CONTRACT is entered into subject to the Paris City Charter and
ordinances 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.
XX.
Severability
If any of the terms, provisions, covenants, conditions or any other part of
this 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
this Contract shall remain in full force and effect and shall in no way be affected,
impaired or invalidated.
XXI.
Remedies
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.
Entire Agreement
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.
Xxill.
Non -Waiver
It is further agreed that one (1) or more instances of forbearance by CITY
in the exercise of its rights herein shall in no way constitute a waiver thereof.
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XXIV.
Headings
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..
XXV.
Venue
The parties to this Contract agree and covenant that this Contract will be
enforceable in Paris, Texas; and that if legal action is necessary to enforce this
Contract, exclusive venue will lie in Lamar County, Texas, or in the United
States District Court for the Eastern District of Texas, Sherman Division.
XXVI.
No Third Party Beneficiar
For purposes of this Contract, including its intended operation and effect,
the parties (CITY and CONSULTANT) specifically agree and contract that: (1)
the Contract only affects matters/disputes between the parties to this Contract,
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 contractual relationship with CITY or CONSULTANT or both; and (2) the terms
of this Contract are not intended to release, either by contract or operation of
law, any third person or entity from obligations owing by 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.
CITY OF PARIS
By:
GRAYSON PATH
City Manager
Date Signed:
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ATTEST:
Janice Ellis
City Clerk
APPROVED AS TO FORM:
STEPHANIE HARRIS
City Attorney
Toole Design Group, LLC__
(Consultant's Name)
By: 46'
Name: Roswell Eldridge
Title: Executive Vice President
Date Signed: July20,2020
[Remainder of page left blank intentionally.]
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THE STATE OF TEXAS §
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, in and for said County, Texas, on this
day personally appeared GENE ANDERSON, Interim City Manager of the CITY
OF PARIS, a Texas Municipal Corporation, known to me to be the person who's
name is subscribed to the foregoing instrument, and acknowledged to me that
he has executed the same on the City's behalf.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE
DAY OF , 2
Notary Public Lamar County, Texas
My commission expires .
THE STATE OF TEXAS §
COUNTY OF § 4 "--
This instrument was acknowledged before
July2Q 20 , by Roswell Eldridge
Exec..Vic ePresident of Toole Design Group, LLC
me on the 20th _ day of
in his capacity as
a Maryland Limited Liability 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 Toole Design Group, I.I.C.
GIVEN UNDND AND
ER MY HAND
SEAL OF OFFICE, THIS THE
DAY OF , 20 LQ
M tco muss onm ii t County, Texas
My expiry s �. i P 2 ZO
,�,,�Nu�nrrrU►,,�
c�-
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s
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Attachment "A"
Scope of Work
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STREET SHARED STREE"T SCOPE
A 1111� 11
MUM,
rr MM F-11 M.-
SCOI���'E OF IN11)"IRK
July 17, 2020
The City (Cheri and Carla) and Toole Design (Ian and Chris) held a conference call to discuss advancement of
the I"' Street design. Based on the Visioning Paris Workshop, which Toole Design led with the City, 181 Street is
to become a shared street for a one block segment - Lamar Avenue to Clarksville Street. The City has asked
Ti,ille Aesi,16 ti, cre2te 2 siffi�fle scMmatic tesiS6 tNat C2A �,e �,,Yilt vi�A t�e ?,ssistai5ceiif a s;% -.K, wall-�y.alifie4
contractor.
0XIMMMMI't" -r I VfM
with the City of Paris, an on-site visit, and desktop review of existing conditions. The specified study limits of this
scope of work is approximately 240 linear feet along 10 Street from Lamar Avenue to Clarksville Street.
Task I , Coiricept Design
survey to develop two hand rendered alternative concept designs of 1 81 Street. The concept designs will be
illustrative in nature and accompanied with precedent imagery to help inform the design. It is understood that
dg
inverted crown to allow water to continue to sheet flow across the street.
The hand rendered concept designs will be presented through a virtual meeting online platform with video and
screen share capability. At the conclusion of the meeting, the City of Paris will select one concept design to move
forward.
I 1")eUveneblez":
I S If R1 ET S 1,i A R E D S T 11 iEI' S C 0 PIF
Task 2,-- Schetriallic Design
Based on the preferred concept design, Toole Design will develop a schematic design for the 1 6� Street shared
street. The schematic design will provide a sufficient amount of detail for a capable, well-qualified contractor to
construct. The schematic design will include one (1) typical section, one (1) plan view, and up to two (2) sheets of
pertinent paving details and/or elevation drawings. The plan view will show general callouts, dimensions,
pertinent spot elevations using centerline elevations, and material callouts. The schematic design is not intended
to be full engineering drawings, Therefore, the schematic design plans will not be sealed by a professional
engineer. The intent is to provide enough detail for a contractor to move forward with construction with the City
providing oversight. At completion, Toole Design will present the schematic design through a virtual meeting
online platform with video and screen share capability. Following the receipt of a single unified list of comments
on the schematic design, in electronic format, Toole Design will make necessary revisions and resubmit to the
City. Multiple iterations and revisions will not be performed.
7"ask 2
• One (1) Typical Section.
• One (1) Plan View Sheet.
•Up to (2) Sheets of Pavement Details and/or Elevation Graphics.
•One (1) Virtual presentation with staff.
•One (1) Revision.
IM
MOT 01911 F.0 �* .
Task 3 Photo Sinitflaflon
To gain momentum and support for the conversion of 151 Street into a shared street, Toole Design will create one
high resolution before and after photo simulation of the schematic design for marketing purposes,
Task Fee
Task 1 Concept Design $3,000.00
Task 2 Schematic Design $8,600.00
Task 3 Photo Simulation $2,000.00
Total Lump Sum Cost* $13,600.00
Lump sum cost is inclusive of labor, overhead, profit, and expenses.
Assumpt,firms arid Additloiiial Seivices
The following services are not included in the scope of services but can be provided as additional services if
authorized by the City of Paris. Compensation for additional services will be agreed upon prior to performance
-1 3d' S'r R E III T S 11 A R E D S'l R III ET S C 0 F1 lE
• Survey or subsurface investigation, right-of-way easement and acquisition;
• Engineered drawings:
• Public engagement;
• Wayfinding signage and design;
• Signal design;
• Wetland delineation-,
• Traffic analysis;
• Geotechnical investigation and analysis;
• Utility, franchise utility, drainage, erosion control, lighting, and structural design and engineering;
• Bid documents and construction administration/observation/inspection-,
• Permitting of any kind;
• Coordination with TXIDOT or other regulatory agencies beside the City of Paris;
• Photo simulations and graphic design (above what is stated in the scope of work); and
• Additional submissions/reviews/revisions required throughout the schematic design process other
than those described.
Thank you for the opportunity to once again partner with the City of Paris. If you have any questions or would likf.-
to discuss further, please contact me directly on my cell phone at 864.580.1179 or via email at
Christopher Larriblka I Spartanburg Office Director
TOOLE DESIGN
172 E Main Street, Suite 300' Spartanburg, SC 29306
1664.336.2276 x178
Attachment "B"
Architecture[ / Engineering Services Contract
(Toole Design Group, LLC) Page 16 of 16
V-", " S "IFIR ET 11:1i l A R Lit S I'BEET S 't PE
rACiiMENT "B"
CITY OF PARIS, TEXAS
IST STREET SHARED
STREET SCHEMATIC DESIGK
L U M P S Ll 1W f�E E
it '17, 2020
K M 2 ]. =; M --
Task Fee
Task 1 Concept Design $3,000.00
Task 2 Schematic Design $8,600.00
Task 3 Photo Simulation $2,000.00
Total Lump Sum Cost* $13,600.00
Lump sum cost is inclusive of labor, overhead, profit, and expenses.
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Final Audit Report 2020-07-20
Created: 2020-07-20
By: Lindsay King (Iking@tooledesign.com)
Status: Signed
Transaction ID: CBJCHBCAABAAWR41PJpRsxa3ofWz4xA8nbtuENCoyHor
i
T01 ToofeQesign_Engineering Services Contract"
History
ai Document created by Lindsay King (Iking@tooledesign.com)
2020-07-20 - 4:14:21 PM GMT- IP address: 24.182.81.120
i
i
Document emailed to RJ Eldridge (reldridge@tooledesign.com) for signature
2020-07-20 - 4:15:55 PM GMT
Email viewed by RJ Eldridge (reldridge@tooledesign.com)
2020-07-20 - 8:19:06 PM GMT- IP address: 104.47.55.126
Document e -signed by RJ Eldridge (reldridge@tooledesign.com)
Signature Date: 2020 -OT -20 - 8:28:40 PM GMT - Time Source: server- IP address: 207.188.221.2
Signed document emailed to Lindsay King (Iking@tooledesign.com), cbirmingham@tooledesign.com, Emmy
Klint-Gassner(eklintgassner@tooledesign.com), and RJ Eldridge (reldridge@tooledesign.com)
2020-07-20 - 8:28:40 PM GMT
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