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
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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
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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.
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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
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/ Engineering Services Contract
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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
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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,
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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,
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(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,
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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
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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
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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.
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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.)
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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 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
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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