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15 - Grand Avenue Sidewalk ExtensionItem No. 15 TO: Mayor Mayor Pro Tem City Council FROM: Todd Mittge, City Engineer SUBJECT: Grand Avenue Sidewalk Extension DATE: June 12, 2023 BACKGROUND: The City would like to partner with two commercial property owners to widen the sidewalk on the south side of Grand Avenue, near the 1St Street SW Intersection, adjacent to the 107 Grill and the Mustard Seeds Boutique. This proposal would expand the existing sidewalk approximately 8 feet wide and 68 feet long. This will allow room for al fresco dining at the restaurant, and additional display room in front of the boutique with extra space for pedestrians to pass unobstructed on a new, stamped and stained concrete sidewalk. The two travel lanes of Grand Avenue would remain in their current positions and widths. The preliminary estimate for this construction project is $28,300. City Staff has met with the two property owners adjacent to the project, John House and John Bratcher. The property owners have verbally agreed to help pay for part of construction with a combined contribution of $8,638.00. We would like to enter into an agreement with Hayter Engineering, Inc. to provide Survey and Design Services for this project. Survey and Design Fees to provide plans and specifications for the Bidding of this work is $14,900.00. We would like the Council's permission for Grayson Path, City Manager to enter into this agreement with Hayter Engineering, Inc. STATUS OF ISSUE: Staff has reviewed the agreement, exhibits and believe it is a long term benefit to the City and its residents. This is being presented to the City Council for consideration. BUDGET: $14,900 in funding for the Survey and Design services will be paid for out of the existing Engineering Budget. RECOMMENDATION: Staff recommends approval for Grayson Path to enter into an agreement with Hayter Engineering, Inc. to design this sidewalk extension. THE STATE OF TEXAS § § Architectural / Engineering Services Contract COUNTY OF LAMAR § with Ha ter En ineerin Inc. THIS CONTRACT is entered into on this 6th day of April, 2023, 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 City Manager or his designee, and Hayter Engineering, Inc. ("hereinafter referred to as "CONSULTANT") whose address is 4445 SE Loop 286, Paris, TX 75460. WITNESSETH: WHEREAS, CITY desires to obtain architectural / engineering services from CONSULTANT for Grand Street (107) Sidewalk design; 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: 1. 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. Sco a of Services CONSULTANT shall perform such services as are necessary to survey and design_ of the sidewalk desi¢�n specifically including, but not necessarily limited to, the tasks enumerated more fully in Exhibit "A" hereto entitled "Scope of Services" (hereafter referred to as the "Project"). Exhibit "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 Exhibit "A" and this Contract, the terms and conditions of this Contract shall be final and binding upon both parties hereto. III. Pa ment for Services Total payment for services described herein shall be a sum not to exceed fourteen thousand nine hundred dollars and zero cents ($14,900.00). 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 Exhibit "B"; provided however that this Contract shall control in the event of any conflict between the language in Exhibit "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 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 Architectural / Engineering Services Contract (Hayter Engineering) Page 2 of 14 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. 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 Architectural / Engineering Services Contract (Hayter Engineering) Page 3 of 14 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 General 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. 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. Architectural / Engineering Services Contract (Hayter Engineering) Page 4 of 14 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 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 Architectural / Engineering Services Contract (Hayter Engineering) Page 5 of 14 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. Ri ht to Ins ect 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. X. Successors and Assi ns CITY and CONSULTANT each bind themselves and their successors, executors, administrators and assigns to the other party to this contract and to Architectural / Engineering Services Contract (Hayter Engineering) Page 6 of 14 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 Liability 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 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, Architectural / Engineering Services Contract (Hayter Engineering) Page 7 of 14 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. Independent 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. 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, www .�,,�..... .... ...._ _ ...��.n..... Architectural / Engineering Services Contract (Hayter Engineering) Page 8 of 14 (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- 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, Architectural / Engineering Services Contract (Hayter Engineering) Page 9 of 14 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. Mail[VILAddress 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: Grayson Path City Manager 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: Christopher M. Donnan, P.E., CFM Principal/Project Manager 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,. XIX. 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 Architectural / Engineering Services Contract (Hayter Engineering) Page 10 of 14 income. Situs of this Contract is agreed to be Lamar County, Texas, for all purposes, including performance and execution. XX. Severabilit 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. XXIII. 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. XXIV. Headin s 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 Architectural / Engineering Services Contract (Hayter Engineering) Page 11 of 14 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 Part-. Beneficiary 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. XXVII. Mandator Anti -Boycott and Other Provisions i. Pursuant to Section 2271.002 of the Texas Government Code, Consultant certifies that either (i) it meets an exemption criterion under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the Agreement. Consultant acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. ii. Pursuant to SB 13, 87th Texas Legislature, Consultant certifies that either (i) it meets an exemption criterion under SB 13, 87th Texas Legislature; or (ii) it does not boycott energy companies, as defined in Section 1 of SB 13, 87th Texas Legislature, and will not boycott energy companies during the term of the Agreement. Consultant acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. iii. Pursuant to SB 19, 87th Texas Legislature, Consultant certifies that either (i) it meets an exemption criterion under SB 19, 87th Texas Legislature; or (ii) it does not discriminate against a firearm entity or firearm trade association, as defined in Section 1 of SB 19, 87th Texas Legislature, and will not discriminate against a firearm entity or firearm trade association during the term of the Agreement. Consultant acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. iv. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Consultant certifies Consultant (1) is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Consultant acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. Architectural / Engineering Services Contract (Hayter Engineering) Page 12 of 14 IN WITNESS WHEREOF, the parties hereto have set their hands by their representatives duly authorized on the day and year first written above. Janice Ellis City Clerk APPROVED AS TO FORM: STEPHANIE HARRIS City Attorney By: GRAYSON PATH City Manager Date Signed, Hayter Engineering, Inc. (Consultant's Name) By.�a..a� Name: Michael N. Tibbets Title: President Date Signed: m (Remainder of page left blank intentionally.) Architectural / Engineering Services Contract (Hayter Engineering) Page 13 of 14 THE STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared GRAYSON PATH, 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 . 20 Notary Public Lamar County, Texas My commission expires w THE STATE OF TEXAS § COUNTY OF LAMAR § This instrument was acknowledged before me on the 6th day of June, 2023, by Michael N. Tibbets 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 SEAL OF OFFIGE,, HIS THE 6th DAY OF June, 2023. �.. N61, ry Plic County, Texas My commission expires.. g ' 'fl°IW ob, .. , .a �5' 9EM uIE M. DOVEic, State of Texaspires 09 10-2026ICY 10961300 Architectural / Engineering Services Contract (Hayter Engineering) Page 14 of 14 EXHIBIT "A" SCOPE OF SERVICES TO BE PROVIDED BY HAYTER ENGINEERING, INC. TO CITY OF PARIS FOR GRAND STREET (107) SIDEWALK DESIGN A. PROJECT DESCRIPTION The CITY proposes to construct a concrete "bump out" and reconstruct existing sidewalk located at the southwest corner of Grand and 1St SW Streets. More specifically, the project area will be located on the south side of Grand Street directly in front of Mustard Seed Boutique and 107 Grill. Services by the CONSULTANT shall include all aspects of the work set forth in the following scope of services. B. TASK DESCRIPTIONS — SCOPE OF SERVICES SurveyPhase Services ($2,500) 1. Hayter Engineering will provide field surveying services necessary to develop construction plans for the proposed project. The purpose of the survey is to gather enough information to design the proposed sidewalk improvements. These services shall include: a. Establish GPS based survey control points to be used for the development of this site. i. Control points shall be an X cut in the existing concrete sidewalk. ii. Location will be based on Texas State Plane Coordinate System Zone 4202 NAD 1983 and will be established by GPS observations. iii. Elevation datum will be NAVD 1988 (also City datum) and will be established by GPS observations and conventional level work. b. Topographic field survey needed in order to develop construction plans and show existing features of the site to include the area of the proposed bump -out, existing sidewalk and features, and subsurface utilities that are marked by Texas 811. Desion Phase Services ($12,400 1. Development of the design including plans and technical specifications up to a 90% completion level. a. The City shall provide Hayter Engineering with relevant information regarding their Downtown Plan as it affects this project. i. This scope of services does not include research, coordination, or data collection pertaining to the City's Downtown Plan. b. The location, layout and geometry of the proposed bump -out will be provided by the City. c. TxDOT has previously approved the location and layout of the proposed concrete bump -outs. As such, this scope of services does not include any form of TxDOT coordination, review, approval, permitting for said bump -outs, or communication. d. This scope of services does not include property owner coordination, review, approval, or communication other than the meetings noted in Section 3, below. e. Hayter Engineering QA/QC Review. f. Submit 90% plans and technical specification to the City for review and one (1) round of review comments. 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 City into the final plans and technical specifications. b. Prepare a quantity take -off for the City. c. Prepare final drawings to show scope, extent, and character of the work. d. TxDOT has previously approved the location and layout of the proposed concrete bump -outs. As such, this scope of services does not include any form of TxDOT coordination, review, approval, permitting for said bump -outs, or communication. e. This scope of services does not include property owner coordination, review, approval, or communication other than the meetings noted in Section 3. f. Submit final plans and technical specifications to the City. 3. Meetings a. This scope of services includes one (1) meeting. This can include a meeting with the City and/or Property Owners. 4. Project Management and Coordination. a. These activities shall include the time required for task leadership and direction, telephone and written communication, project status updates, personnel and data management, general project management activities, and administrative services. There will be no project management or coordination activities with TxDOT. 2 The CONSULTANT shall perform the necessary engineering and related technical services for the Design, including necessary Additional Services for development of this Project according to the following sections of this Contract. Special Services 1. Additional Services The following additional services are beyond the scope of services described above. However, the Consultant can provide the additional 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 not limited to, the following: a. Changes to the proposed project layout. b. Additional design, bidding, or construction services not specified in Exhibit A. c. TxDOT coordination, review, approval, permitting, and/or communication. d. Bid phase services. e. Construction phase services f. Traffic Control Plan. g. Research, coordination, or data collection pertaining to the City's Downtown Plan. h. Improvements outside the project limits. i. Communication with property owners (written or oral). j. Additional meetings, addenda, pay requests, change orders, and site visits not specified in Exhibit A. k. Geotechnical services. I. Environmental services. m. Historical and archeological services. n. Materials testing during construction. o. Construction inspection. p. Construction staking. q. Right-of-Way/Easement research and/or surveying. r. Filing fees associated with permits, submittal fees, impact fees, etc. 3 EXHIBIT "B" PAYMENT SCHEDULE (All fees not to exceed without prior approval) 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 fourteen thousand nine hundred dollars and zero cents ($14,900.00). Partial payments to CONSULTANT will be made on the basis of monthly statements rendered to and approved by the CITY; 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 services. A summary of the fee is as shown below: BASIC SERVICES SURVEY SERVICES (17% of Total Basic Service Fee) _ $2,500 II. DESIGN SERVICES (83% of Total Basic Service Fee) _ $12,400 TOTAL BASIC SERVICES FEE _ $14,900 SPECIAL SERVICES No "Special Services" are known to be required at the time of this agreement. TOTAL SPECIAL SERVICES FEE _ $0.00 TOTAL SERVICES FEE _ $14,900 It is specifically understood and agreed that CONSULTANT shall not be authorized to undertake any work pursuant to this Contract which would require payment by the CITY for any charge, expense, or reimbursement above the fee as stated herein without obtaining prior written authorization from the CITY. SCHEDULE OF PER DIEM RATES Personnel Hourly Rates Principal 195.00 Project Manager 165.00 Project Engineer 145.00 Design Engineer II 130.00 Design Engineer 1 115.00 Senior CAD/Survey Technician 100.00 CAD Technician II 75.00 CAD Technician 1 65.00 Senior Administrative Assistant 90.00 Administrative Assistant 75.00 On -Site Observer 100.00 Surveyor 155.00 Survey Technician II 70.00 Survey Technician 1 55.00 Survey Crew - 2 Man Party 120.00 Survey Crew - 3 Man Party 190.00 Survey Crew — 1 Man GPS 105.00 The schedule of per diem rates may be changed by the ENGINEER at his sole discretion. Time billed for per diem rate services shall be in minimum increments of % hour. FA