12 - Agreement with MTG Engineers - 1st St SE Revitalization ProjectItem No. 12
TO: Mayor, Mayor Pro Tem & City Council
Grayson Path, City Manager
Robert Vine, Deputy City Manager
Doug Harris, Assistant City Manager
FROM: Todd Mittge, City Engineer
SUBJECT: Design Engineering Professional Services Contract - 1st Street SE
Revitalization Project
Texas Community Development Block Grant 2024
Downtown Revitalization / Main Street Program project.
DATE: May 13, 2024
BACKGROUND:
The City of Paris was awarded a Texas Community Development Block Grant in the 2024
Downtown Revitalization/Main Street Program in January of 2024. This $500,000 grant will be
used for the reconstruction of 1St Street SE from Lamar Avenue to Clarksville Street. As part of
our ongoing efforts to make the downtown a destination location for tourism and activities, the
City, along with downtown residents and business owners, have made it a priority to pursue grant
funding to convert this stretch of road from a standard street to a walkable site, allowing it to be
closed to traffic when appropriate to hold community events. In order to design this specialty brick
paver roadway, we will be hiring a consultant engineer who specializes in this type of community -
oriented design.
The City Engineer advertised for Request for Qualifications from engineering firms all over Texas
in the Paris News on February 6, 2024, for Engineering Firms to send Qualifications by February
19, 2024. The City received responses from five qualified firms by the deadline. On April 22,
2024, the City Council approved MTG Engineers of Greenville, Tx. to carry out design for this
project.
STATUS OF ISSUE:
Since the April 22; 2024 approval of the Design Firm, City staff began contract negotiations,
including obtaining reasonable fees for their service to be brought back to the City Council for
approval. For engineering agreements, they are not awarded based on lowest bid, but rather on
most qualified. City staff met with MTG Engineers to go over the design process and scope of the
project, and has established a total cost of $64,750 for the design and construction plans.
BUDGET:
The City was awarded $500,000 in the Texas Community Development Block Grant. The design
engineering for this project will come from a combination of city funds and CDBG funds.
OPTIONS:
1. Authorize the City Manager to sign a Professional Services Contract with MTG Engineers
for the street and utility design of I" Street SE between Lamar Avenue and Clarksville
Street.
2. Request additional information and/or deny authorization to sign the Professional Services
Contract described above.
RECOMMENDATION:
1. Authorize the City Manager to sign a Professional Services Contract with MTG Engineers
for the street and utility design of 1St Street SE between Lamar Avenue and Clarksville
Street.
THE STATE OF TEXAS §
§ Professional Services Contract
COUNTY OF LAMAR §
THIS CONTRACT is entered into on this 13th day of May, 2024, 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 MTG Engineers & Surveyors ("hereinafter referred to as "FIRM") whose
address is 1, Greenville, Texas .. _.
WITNESSETH:
WHEREAS, the City of Paris desires to implement the following: 2023 TxCDBG
Main Street Project CDM23-0207 (the "Project") under the'general direction of the Texas
Community Development Block Grant (hereinafter called "TxCDBG") Program
administered by the Texas Department of Agriculture ("TDA" or the "Department"); and
WHEREAS, the City desires to engage FIRM to render certain engineering
services in connection with the TxCDBG Project, Contract Number CDM23-0207.
WHEREAS, the Project relates to the 1St St. SE revitalization project;
NOW, THEREFORE,
THAT IN CONSIDERATION of the covenants and CONTRACTs hereinafter
contained and subject to the terms and conditions hereinafter stated, the parties hereto do
mutually agree as follows:
PART I: CONTRACT
1.1 Employment of FIRM.
In accordance with Texas Local Government Code section 271.904(d), FIRM 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 structural engineering profession, both public and
private, currently practicing under the same or similar circumstances and professional
license and as expeditiously as is prudent considering the ordinary professional skill and
care of a competent structural engineer (hereinafter referred to as the "Standard of Care").
In accordance with Texas Local Government Code section 271.904(e), the Standard of
Care shall be the sole standard governing FIRM's performance of its professional service
under this Contract. If FIRM is representing that it has special expertise in one or more
areas to be utilized in this Contract, then FIRM agrees to perform those special expertise
services to the appropriate local, regional and national professional standards.
1.2 Scope of Services
The FIRM will perform the services set out in Exhibit A, Scope of Services.
1.3 Time of Performance.
The services of the FIRM shall commence on ..�.. _
In any event,
all the services required and performed hereunder shall be completed no later than
_ or the Project's administrative closure date, as defined by
Department,
.....................
p ment, whichever is later.
1.4 Local Pro ram Liaison.
For purposes of this CONTRACT, the City Manager, or equivalent authorized
person will serve as the Local Program Liaison and primary point of contact for the
FIRM. All required progress reports and communication regarding the project shall be
directed to this liaison and other local personnel as appropriate.
1.5 Access to Records.
The U.S. Department of Housing and Urban Development (HUD), Inspectors
General, the Comptroller General of the United States, the Texas Department of
Agriculture (TDA), and the City, or any of their authorized representatives, shall have
access to any documents, papers, or other records of the FIRM which are pertinent to the
TxCDBG award, in order to make audits, examinations, excerpts, and transcripts, and to
closeout the City's TxCDBG contract with TDA.
1.6 Retention of Records.
The FIRM shall retain all required records for three years after the City makes its
final payment and all pending matters are closed.
1.7 Compensation and Method of Payment.
The maximum amount of compensation and reimbursement to be paid hereunder
shall not exceed SIXTY-FOUR THOUSAND SEVEN HUNDRED FIFTY AND
NO/100 DOLLARS ($64,750.00). FIRM will bill CITY on a percent complete basis. If
additional services, trips or expenses are requested, FIRM 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 FIRM 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
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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 FIRM'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 services that
are not in conformance with the Standard of Care or invoices which are not submitted in
compliance with the material 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 FIRM 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.
1.8 Ownership of Documents.
All materials and documents prepared or assembled by FIRM under this Contract
shall become the sole property of CITY and shall be delivered to CITY without restriction
on future use on the condition that CITY substantially performs its obligations under this
Contract, including prompt payment of all sums due. FIRM may retain in its files copies
of all drawings, specifications and all other pertinent information for the services. FIRM
shall have no liability for changes made to any materials or other documents by others
subsequent to the completion of the Contract. Further, in the event CITY uses any
materials or other documents provided, prepared, or assembled by FIRM without
retaining FIRM, such use shall be at CITY's sole risk and liability, and CITY releases
FIRM and its FIRMS from all claims and causes of action arising from such uses.
1.9 Indemnification
The FIRM shall comply with the requirements of all applicable laws, rules
and regulations, and shall exonerate, indemnify, and hold harmless the City and its
agency members from and against any and all claims, costs, suits, and damages,
including attorney's fees, arising out of the FIRM's performance or nonperformance
of the activities, services or subject matter called for in this CONTRACT, and shall
assume full responsibility for payments of Federal, State and local taxes on
contributions imposed or required under the Social Security, worker's compensation
and income tax laws.
PART II: SUBCONTRACTS
2.1 No work under this CONTRACT shall be subcontracted by the FIRM without
prior approval, in writing, from the City.
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2.2 The FIRM shall, prior to proceeding with the work, notify the City in writing of
the name of any subcontractors proposed for the work, including the extent and
character of the work to be done by each.
2.3 If any time during progress of the work, the City determines that any
subcontractor is incompetent or undesirable, the City will notify the FIRM who shall
take reasonable and immediate steps to satisfactorily cure the problem, substitute
performance, or cancel such subcontract. Subletting by subcontractors shall be subject
to the same regulations. Nothing contained in this CONTRACT shall create any
contractual relation between any subcontractor and the City.
2.4 The FIRM will include in all contracts and subcontracts in excess of $150,000 a
provision which requires compliance with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.0 7401-7671q) and the Federal Water
Pollution Control Act, as amended (33 U.S.C. 1251-1387). The provisions shall require
reporting of violations to TDA and to the Regional Office of the Environmental
Protection Agency (EPA).
2.5 The FIRM will include in all contracts and subcontracts in excess of $150,000
provisions or conditions which will allow for administrative, contractual or legal
remedies in instances where contractors violate or breach contract terms, and provide
for such sanctions and penalties as may be appropriate.
1. The FIRM will include in all contracts and subcontracts in excess of $10,000
provisions addressing termination for cause and for convenience by the City
including the manner by which it will be effected and the basis for settlement.
2. The FIRM will include in all contracts and subcontracts provisions requiring
compliance with the following, if applicable:
a. Prime construction contracts in excess of $2,000, compliance with the
Davis -Bacon Act, as amended (40 U.S.C.3141-3144, 3146-3148) as
supplemented by Department of Labor regulations (29 CFR part 5);
b. Prime construction contracts in excess of $2,000, compliance with the
Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by
Department of Labor regulations (29 CFR part 3)
c. The inclusion of the Equal Opportunity clause provided under 41 CFR 60-
1.4(b) (Executive Order 11246);
d. The inclusion of the Economic Opportunities for Section 3 Residents and
Section 3 Business Concerns of section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3).
e. Contracts exceeding $100,000, compliance with the Byrd Anti -Lobbying
Amendment (31 U.S.C. 1352);
f. For contracts in excess of $100,000 that involve the employment of
mechanics or laborers, compliance with the Contract Work Hours and
Safety Standards Act (40 U.S.C. 3701-3708), including work week
requirements and safety conditions for workers, as supplemented by
Department of Labor regulations (29 CFR Part 5); and
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3. The FIRM will include in all negotiated contracts and subcontracts a provision
which indicates that funds will not be awarded under this contract to any party
which is debarred, suspended, or otherwise excluded from or ineligible for
participation in federal assistance programs under Executive Order 12549 and 2
CFR Part 2424. A certification shall be provided and received from each proposed
subcontractor under this contract and its principals.
4. The FIRM will include in all negotiated contracts and subcontracts a provision to
the effect that the City, TDA, the Texas Comptroller of Public Accounts, the
Comptroller General of the United States, the U.S. Department of Housing and
Urban Development (HUD), or any of their duly authorized representatives, shall
have access to any books, documents, papers and records of the contractor which
are directly pertinent to that specific contract, for the purpose of making audit,
examination, excerpts, and transcriptions.
5. The FIRM will include in all contracts and subcontracts a requirement that the
contractor maintain all relevant project records for three (3) years after the City
has made final payment to the contractor and all other pending matters are closed.
PART III: STANDARD OF PERFORMANCE AND DEFECIENCIES
3.1 All services of the FIRM and its independent professional associates, FIRMs and
subcontractors will be performed in a professional, reasonable and prudent manner in
accordance with generally accepted professional practice. The FIRM represents that it
has the required skills and capacity to perform work and services to be provided under
this CONTRACT.
3.2 The FIRM represents that services provided under this CONTRACT shall be
performed within the limits prescribed by the City in a manner consistent with that level
of care and skill ordinarily exercised by other professional FIRMs under similar
circumstances.
3.3 Any deficiency in FIRM's work and services performed under this contract shall
be subject to the provisions of applicable state and federal law. Any deficiency discovered
shall be corrected upon notice from City and at the FIRM's expense if the deficiency is
due to FIRM's negligence. The City shall notify the FIRM in writing of any such
deficiency and provide an opportunity for mutual investigation and resolution of the
problem prior to pursuit of any judicial remedy. In any case, this provision shall in no
way limit the judicial remedies available to the City under applicable state or federal law.
3.4 The FIRM agrees to and shall hold harmless the City, its officers, employees, and
agents from all claims and liability of whatsoever kind or character due to or arising
solely out of the negligent acts or omissions of the FIRM, its officers, agents, employees,
subcontractors, and others acting for or under the direction of the FIRM doing the work
herein contracted for or by or in consequence of any negligence in the performance of
this CONTRACT, or by or on account of any omission in the performance of this
CONTRACT.
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PART IV: TERMS AND CONDITIONS
4.1 Termination of CONTRACT for Cause.
If the FIRM fails to fulfill in a timely and proper manner its obligations under this
CONTRACT, or if the FIRM violates any of the covenants, conditions, CONTRACTS, or
stipulations of this CONTRACT, the City shall have the right to terminate this
CONTRACT by giving written notice to the FIRM of such termination and specifying the
effective date thereof, which shall be at least five days before the effective date of such
termination. In the event of termination for cause, all finished or unfinished documents,
data, studies, surveys, drawings, maps, models, photographs and reports prepared by the
FIRM pursuant to this CONTRACT shall, at the option of the City, be turned over to the
City / County and become the property of the City / County. In the event of termination
for cause, the FIRM shall be entitled to receive reasonable compensation for any
necessary services actually and satisfactorily performed prior to the date of termination.
a. Notwithstanding the above, the FIRM shall not be relieved of liability to
the City for damages sustained by the City by virtue of any breach of the
CONTRACT by the FIRM, and the City may set-off the damages it incurred
as a result of the FIRM's breach of the contract from any amounts it might
otherwise owe the FIRM.
4.2 Termination for Convenience of the Cit
City may at any time and for any reason terminate FIRM's services and work at
City's convenience upon providing written notice to the FIRM specifying the extent of
termination and the effective date. Upon receipt of such notice, FIRM shall, unless the
notice directs otherwise, immediately discontinue the work and placing of orders for
materials, facilities and supplies in connection with the performance of this CONTRACT.
a. This Contract may be terminated at any time by CITY for any cause by
providing FIRM thirty (30) days written notice of such termination. Upon
receipt of such notice, FIRM 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.
Data and study products prepared by the FIRM under this Contract shall be
delivered to the CITY if requested on the condition that the CITY has fully
paid FIRM all sums due for such data and study products.
b. Upon such termination, FIRM shall be entitled to payment only as follows:
(1) the actual cost of the work completed in conformity with this
CONTRACT plus (2) such other costs actually incurred by FIRM as are
permitted by the prime contract and approved by City. There shall be
deducted from such sums as provided in this subparagraph the amount of
any payments made to FIRM prior to the date of the termination of this
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CONTRACT. FIRM shall not be entitled to any claim or claim of lien
against City for any additional compensation or damages in the event of
such termination and payment.
4.3 Channes
The City may, from time to time, request changes in the services the FIRM will
perform under this CONTRACT. Such changes, including any increase or decrease in the
amount of the FIRM's compensation, must be agreed to by all parties and finalized
through a signed, written amendment to this CONTRACT.
4.4 Resolution of Program Non-ComMance and Disallowed Costs.
In the event of any dispute, claim, question, or disagreement arising from or
relating to this CONTRACT, or the breach thereof, including determination of
responsibility for any costs disallowed as a result of non-compliance with federal, state
or TxCDBG program requirements, the parties hereto shall use their best efforts to settle
the dispute, claim, question or disagreement. To this effect, the parties shall consult and
negotiate with each other in good faith within 30 days of receipt of a written notice of
the dispute or invitation to negotiate, and attempt to reach a just and equitable solution
satisfactory to both parties. If the matter is not resolved by negotiation within 30 days
of receipt of written notice or invitation to negotiate, the parties agree first to try in good
faith to settle the matter by mediation administered by the American Arbitration
Association under its Commercial Mediation Procedures before resorting to arbitration,
litigation, or some other dispute resolution procedure. The parties may enter into a
written amendment to this Amendment and choose a mediator that is not affiliated with
the American Arbitration Association. The parties shall bear the costs of such mediation
equally. If the matter is not resolved through such mediation within 60 days of the
initiation of that procedure, either party may proceed to file suit.
4.5 Personnel.
a. The FIRM represents that he/she/it has, or will secure at its own expense,
all personnel required in performing the services under this CONTRACT.
Such personnel shall not be employees of or have any contractual
relationship with the City.
b. All of the services required hereunder will be performed by the FIRM or
under its supervision and all personnel engaged in the work shall be fully
qualified and shall be authorized or permitted under State and Local law to
perform such services.
c. None of the work or services covered by this CONTRACT shall be
subcontracted without the prior written approval of the City. Any work or
services subcontracted hereunder shall be specified by written contract or
CONTRACT and shall be subject to each provision of this CONTRACT.
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4.6 Assinabilitr.
The FIRM shall not assign any interest on this CONTRACT and shall not transfer
any interest in the same (whether by assignment or novation), without the prior written
consent of the City thereto; Provided, however, that claims for money by the FIRM from
the City under this CONTRACT may be assigned to a bank, trust company, or other
financial institution without such approval. Written notice of any such assignment or
transfer shall be furnished promptly to the City.
4.7 Reports and Information.
The FIRM, at such times and in such forms as the City may require, shall furnish
the City such periodic reports as it may request pertaining to the work or services
undertaken pursuant to this CONTRACT, the costs and obligations incurred or to be
incurred in connection therewith, and any other matters covered by this CONTRACT.
4.8 Records and Audits.
The FIRM shall insure that the City maintains fiscal records and supporting
documentation for all expenditures of funds made under this contract in a manner that
conforms to 2 CFR 200.300-.309, 24 CFR 570.490, and this CONTRACT. Such records
must include data on the racial, ethnic, and gender characteristics of persons who are
applicants for, participants in, or beneficiaries of the funds provided under this
CONTRACT. The FIRM and the City shall retain such records, and any supporting
documentation, for the greater of three years from closeout of the CONTRACT or the
period required by other applicable laws and regulations.
4.9 Findin s Confidential.
All of the reports, information, data, etc., prepared or assembled by the FIRM
under this contract are confidential and the FIRM agrees that they shall not be made
available to any individual or organization without the prior written approval of the City.
4.10 Copyright.
No report, maps, or other documents produced in whole or in part under this
CONTRACT shall be the subject of an application for copyright by or on behalf of the
FIRM.
4.11 Compliance with Local Laws.
The FIRM shall comply with all applicable laws, ordinances and codes of the State
and local governments, and the FIRM shall save the City harmless with respect to any
damages arising from any tort done in performing any of the work embraced by this
CONTRACT.
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4.12 Conflicts of Interest.
a. Governing, Body. No member of the governing body of the City and no other
officer, employee, or agent of the City, who exercises any functions or
responsibilities in connection with administration, construction,
engineering, or implementation of TxCDBG award between TDA and the
City, shall have any personal financial interest, direct or indirect, in the
FIRM or this CONTRACT; and the FIRM shall take appropriate steps to
assure compliance.
Officials. No other public official who exercises any
b. Other Local Public Ommmmm� ,
functions or responsibilities in connection with the planning and carrying
out of administration, construction, engineering or implementation of the
TxCDBG award between TDA and the City, shall have any personal
financial interest, direct or indirect, in the FIRM or this CONTRACT; and
the FIRM shall take appropriate steps to assure compliance.
c. The FIRM and Emllov ees. The FIRM warrants and represents that it has no
conflict of interest associated with the TxCDBG award between TDA and
the City or this CONTRACT. The FIRM further warrants and represents
that it shall not acquire an interest, direct or indirect, in any geographic area
that may benefit from the TxCDBG award between TDA and the City or in
any business, entity, organization or person that may benefit from the
award. The FIRM further agrees that it will not employ an individual with
a conflict of interest as described herein.
d. Conflicts Disclosure Statement._ (Sec. 176.003 in Chapter 176 of the Local
Government Code)
i. A local government officer shall file a conflicts disclosure statement
with respect to a vendor if:
ii. the vendor enters into a contract with the local governmental entity
or the local governmental entity is considering entering into a
contract with the vendor; and the vendor:
iii. has an employment or other business relationship with the local
government officer or a family member of the officer that results in
the officer or family member receiving taxable income, other than
investment income, that exceeds $2,500 during the 12 -month period
preceding the date that the officer becomes aware that: (i) a contract
between the local governmental entity and vendor has been executed;
or (ii) the local governmental entity is considering entering into a
contract with the vendor;
iv. has given to the local government officer or a family member of the
officer one or more gifts that have an aggregate value of more than
$100 in the 12 -month period preceding the date the officer becomes
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aware that: (i) a contract between the local governmental entity and
vendor has been executed; or (ii) the local governmental entity is
considering entering into a contract with the vendor; or has a family
relationship with the local government officer.
v. (a-1). A local government officer is not required to file a conflicts
disclosure statement in relation to a gift accepted by the officer or a
family member of the officer if the gift is: (1) a political contribution
as defined by Title 15, Election Code; or (2) food accepted as a guest.
vi. (a-2). A local government officer is not required to file a conflicts
disclosure statement under Subsection (a) if the local governmental
entity or vendor described by that subsection is an administrative
agency created under Section 791.013, Government Code.
vii. A local government officer shall file the conflicts disclosure
statement with the records administrator of the local governmental
entity not later than 5 p.m. on the seventh business day after the date
on which the officer becomes aware of the facts that require the filing
of the statement under Subsection (a).
4.13 Debarment and Suspension JExecutive Orders 12549 and 12689
The FIRM certifies, by entering into this CONTRACT, that neither it nor its
principals are presently debarred, suspended, or otherwise excluded from or ineligible for
participation in federally -assisted programs under Executive Orders 12549 (1986) and
12689 (1989). The term "principal" for purposes of this CONTRACT is defined as an
officer, director, owner, partner, key employee, or other person with primary management
or supervisory responsibilities, or a person who has a critical influence on or substantive
control over the operations of the FIRM. The FIRM understands that it must not make
any award or permit any award (or contract) at any tier to any party which is debarred or
suspended or is otherwise excluded from or ineligible for participation in Federal
assistance programs under Executive Order 12549, "Debarment and Suspension."
4.14 E ual Opportunity Clause.
During the performance of this contract, the FIRM agrees as follows:
a. The FIRM will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The FIRM will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include,
but not be limited to the following: Employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship. The FIRM agrees to post in conspicuous places, available
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to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
b. The FIRM will, in all solicitations or advertisements for employees placed
by or on behalf of the FIRM, state that all qualified applicants will receive
considerations for employment without regard to race, color, religion, sex,
sexual orientation, gender identity, or national origin.
c. The FIRM will not discourage or in any other manner discriminate against
any employee or applicant for employment because such employee or
applicant has inquired about, discussed, or disclosed the compensation of
the employee or applicant or another employee or applicant. This provision
shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a formal
complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer,
or is consistent with the contractor's legal duty to furnish information.
d. The FIRM will send to each labor union or representative of workers with
which he has a collective bargaining CONTRACT or other contract or
understanding, a notice to be provided advising the said labor union or
workers' representatives of the FIRM's commitments under this section, and
shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
e. The FIRM will comply with all provisions of Executive Order 11246 of
September 24, 1965, "Equal Employment Opportunity," and of the rules,
regulations, and relevant orders of the Secretary of Labor.
f. The FIRM will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders
of the Secretary of Labor, or pursuant thereto, and will permit access to his
books, records, and accounts by the administering agency and the Secretary
of Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
g. In the event of the FIRM's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders,
this contract may be canceled, terminated, or suspended in whole or in part
and the FIRM may be declared ineligible for further Government contracts
or federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive
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Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
h. The FIRM will include the portion of the sentence immediately preceding
paragraph (a) and the provisions of paragraphs (a) through (h) in every
subcontract or purchase order unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The FIRM will take such action with
respect to any subcontract or purchase order as the administering agency
may direct as a means of enforcing such provisions, including sanctions for
noncompliance: Provided, however, That in the event a FIRM becomes
involved in, or is threatened with, litigation with a subcontractor or vendor
as a result of such direction by the administering agency the FIRM may
request the United States to enter into such litigation to protect the interests
of the United States.
4.15 Civil Ri hts Act of 1964.
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of
race, color, religion, sex, or national origin, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity receiving
Federal financial assistance.
4.16 Section 109 of the Housin2 and Community Develo meat Act of 1974.
The FIRM shall comply with the provisions of Section 109 of the Housing and
Community Development Act of 1974. No person in the United States shall on the ground
of race, color, national origin, religion, or sex be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or activity
funded in whole or in part with funds made available under this title.
4.17 Section 504 of the Rehabilitation Act of 1973 as amended.
The FIRM agrees that no otherwise qualified individual with disabilities shall,
solely by reason of his/her disability, be denied the benefits of, or be subjected to
discrimination, including discrimination in employment, under any program or activity
receiving federal financial assistance.
4.18 Atte Discrimination Act of 1975.
The FIRM shall comply with the Age Discrimination Act of 1975 which provides
that no person in the United States shall on the basis of age be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving federal financial assistance.
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4.19 Economic Opportunities for Section 3 Residents and Section 3 Business
Concerns.
a. The work to be performed under this contract is subject to the requirements
of section 3 of the Housing and Urban Development Act of 1968, as
amended, 12 U.S.C. 170lu (section 3). The purpose of section 3 is to ensure
that employment and other economic opportunities generated by HUD
assistance or HUD -assisted projects covered by section 3, shall, to the
greatest extent feasible, be directed to low- and very low-income persons,
particularly persons who are recipients of HUD assistance for housing.
b. The parties to this CONTRACT agree to comply with HUD's regulations in
24 CFR part 135, which implement section 3. As evidenced by their
execution of this contract, the parties to this CONTRACT certify that they
are under no contractual or other impediment that would prevent them from
complying with the part 135 regulations.
c. The FIRM agrees to send to each labor organization or representative of
workers with which the FIRM has a collective bargaining CONTRACT or
other understanding, if any, a notice advising the labor organization or
workers' representative of the FIRM's commitments under this section 3
clause, and will post copies of the notice in conspicuous places at the work
site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the section 3
preference, shall set forth minimum number and job titles subject to hire,
availability of apprenticeship and training positions, the qualifications for
each; and the name and location of the person(s) taking applications for
each of the positions; and the anticipated date the work shall begin.
d. The FIRM agrees to include this section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR part 135, and agrees to
take appropriate action, as provided in an applicable provision of the
subcontract or in this section 3 clause, upon a finding that the subcontractor
is in violation of the regulations in 24 CFR part 135. The FIRM will not
subcontract with any subcontractor where the FIRM has notice or
knowledge that the subcontractor has been found in violation of the
regulations in 24 CFR part 135.
e. The FIRM will certify that any vacant employment positions, including
training positions, that are filled (1) after the FIRM is selected but before
the contract is executed, and (2) with persons other than those to whom the
regulations of 24 CFR part 135 require employment opportunities to be
directed, were not filled to circumvent the FIRM's obligations under 24 CFR
part 135,
Page 13 of 28
f. Noncompliance with HUD's regulations in 24 CFR part 135 may result in
sanctions, termination of this CONTRACT for default, and debarment or
suspension from future HUD assisted contracts.
g. With respect to work performed in connection with section 3 covered Indian
housing assistance, section 7(b) of the Indian Self -Determination and
Education Assistance Act (25 U.S.C. 450e) also applies to the work to be
performed under this CONTRACT. Section 7(b) requires that to the greatest
extent feasible (i) preference and opportunities for training and employment
shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian -owned
Economic Enterprises. Parties to this contract that are subject to the
provisions of section 3 and section 7(b) agree to comply with section 3 to
the maximum extent feasible, but not in derogation of compliance with
section 7(b).
4.20 Patent Ri . hts and Inventions.
The FIRM shall comply with the requirements and regulations pertaining to patent
rights with respect to any .discovery or invention which arises or is developed in the
course of or under such contract. (2 CFR 200 Appendix II (f) and Rights to Inventions in
37 CFR Part 401).
a. Rights to Inventions Made Under a Contract or CONTRACT - If the Federal
award meets the definition of "funding CONTRACT" under 37 CFR §401.2
(a) and the Subrecipient wishes to enter into a contract with a small business
FIRM or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research
work under that "funding CONTRACT," the Subrecipient must comply with
the requirements of 37 CFR Part 401, "Rights to Inventions Made by
Nonprofit Organizations and Small Business FIRMs Under Government
Grants, Contracts and Cooperative CONTRACTs," and any implementing
regulations issued by the awarding agency. (2 CFR 200 Appendix II (f),
Rights to Inventions).
4.21 Ener I EfficienE .
The FIRM shall comply with the mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat. 871).
(24 CFR 85.36 (i) (13)).
4.22 Verification No Boycott Israel.
As required by Chapter 2271, Government Code, the FIRM hereby verifies that it
does not boycott Israel and will not boycott Israel through the term of this CONTRACT.
Page 14 of 28
For purposes of this verification, "boycott Israel" means refusing to deal with,
terminating business activities with, or otherwise taking any action that is intended to
penalize, inflict economic harm on, or limit commercial relations specifically with Israel,
or with a person or entity doing business in Israel or in an Israeli -controlled territory, but
does not include an action made for ordinary business purposes.
4.23 Foreipan Terrorist Or anizations
Pursuant to Chapter 2252, Texas Government Code, the FIRM represents and
certifies that, at the time of execution of this CONTRACT neither the FIRM, nor any
wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the
same (i) engages in business with Iran, Sudan, or any foreign terrorist organization as
described in Chapters 806 or 807 of the Texas Government Code, or Subchapter F of
Chapter 2252 of the. Texas Government Code, or (ii) is a company listed by the Texas
Comptroller of Public Accounts under Sections 806.051, 807.051, or 2252.153 of the
Texas Government Code. The term "foreign terrorist organization" in this paragraph has
the meaning assigned to such term in Section 2252.151 of the Texas Government Code.
4.24 Insurance Requirements.
A. Before commencing work, the FIRM 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
FIRM shall furnish to the City Clerk copies -of the insurance policies required
herein 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.
Page 15 of 28
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 FIRM and all FIRMS engaged or employed by the FIRM become
legally obligated to pay as damages arising out of the performance of
professional services caused by any negligent act, error, or omission with
minimum limits of $1,000,000 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 FIRM 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 CONTRACT as may be provided pursuant to FIRM's general
liability insurance policies. In this regard, FIRM shall assist CITY to obtain
any defense provided by the FIRM's general liability insurance policies.
Nothing contained in Section XII of this CONTRACT shall be interpreted
or applied as limiting, reducing, or eliminating any obligation or duty that
FIRM's insurance carrier may owe to CITY as an additional insured,
pursuant to endorsement CG2026 or broader under the FIRM's general
liability insurance policies required by this CONTRACT, 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 FIRM or the CITY. Neither shall anything contained in
this Section VIII be interpreted or applied as providing or otherwise
entitling either FIRM, FIRM'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 CONTRACT to waive its sovereign immunity regarding any
claim, suit or cause of action.
Page 16 of 28
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 FIRM for any reason.
C. All insurance shall be purchased from an insurance company that meets a financial
rating of A- or better as assigned by A.M. Best Company or equivalent.
D. The FIRM shall notify CITY in writing at least thirty (30) days prior to FIRM
cancelling or making any material change to any coverage(s) provided in, or
through, the insurance policies required under this Section VIII. Failure by FIRM
to provide CITY the notice required hereunder may, in the sole discretion of CITY,
be deemed a material breach of this CONTRACT.
4.25 Independent Contractor.
FIRM's status shall be that of an Independent Contractor and not an agent,
fiduciary, servant, employee or representative of CITY in the performance of this
Contract. No term or provision of or act of FIRM or CITY under this Contract shall be
construed as changing that status. FIRM will have exclusive control of and the exclusive
right to control the details of its services performed hereunder, and shall be liable for the
acts and omissions of its officers, agents, employees, contractors, subcontractors and
architects and the doctrine of respondeat superior shall not apply as between CITY and
FIRM, its officers, agents, employees, contractors, subcontractors and architects, and
nothing herein shall be construed as creating a partnership or joint enterprise between
CITY and FIRM. CITY and FIRM shall not be construed to be in any type of joint venture
with respect to the scope of work set forth in this Contract.
4.26 Mailing 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 FIRM is otherwise
notified:
Todd Mittge, P.E.
City Engineer
City of Paris
Post Office Box 9037
Paris, Texas 75461
Page 17 of 28
Notices and communications to be mailed or delivered to FIRM shall be sent to
the address of FIRM as follows, unless and until CITY is otherwise notified:
MTG Engineers & Surveyors
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.
4.27 A )licable 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.
FIRM 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 FIRM's income. Situs of this Contract is agreed to be Lamar County, Texas, for all
purposes, including performance and execution.
4.28 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.
4.29 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.
4.30 Entire CONTRACT.
This Contract embodies the complete CONTRACT of the parties hereto,
superseding all oral or written previous and contemporaneous CONTRACTs between the
parties relating to matters herein, and except as otherwise provided herein cannot be
modified without written CONTRACT of the parties.
Page 18 of 28
4.31 Non -Waiver.
It is further agreed that one (1) or more instances of forbearance by CITY or FIRM
in the exercise of its rights herein shall in no way constitute a waiver thereof.
4.32 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.
4.33 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.
4.34 No Third Party Beneficiar
For purposes of this Contract, including its intended operation and effect, the
parties (CITY and FIRM) 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 FIRM
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 FIRM.
4.35 Incorporation of Provisions Re wired by Law.
Each provision and clause required by law to be inserted into the Contract shall
be deemed to be enacted herein and this Contract shall be read and enforced as though
each were included herein. If through mistake or otherwise any such provision is not
inserted or is not correctly inserted, the Contract shall be amended to make such
insertion on application by either party.
4.36 Form 1295.
FIRM, in compliance with the laws of the State of Texas, will execute and file Form
1295, notice of interested parties, which can be found on the website of the Texas Ethics
Commission at luitt1 '::.....�„� Vu�,� ��„il� . w u^ ��� m� 111 �'w ;�� �: � �'
IN WITNESS WHEREOF, the parties hereto have set their hands by their
representatives duly authorized on the day and year first written above.
Page 19 of 28
--------------------------------SIGNATURE PAGE FOLLOWS --------------------------------
Page 20 of 28
ATTEST:
Janice Ellis
City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris
City Attorney
CITY OF PARIS
GRAYSON PATH
City Manager
Date Signed:
MTG ENGINEERS & SURVEYORS
06-M
Name:
Title:
Date Signed:
[Remainder of page left blank intentionally.]
Page 21 of 28
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 2024.
Notary Public Lamar County, Texas
My commission expires
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on them _ day of ,,,, _ y 9
20 , b in his capacity as President
y p y of MTG ENGINEERS &
SURVEYORS, 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
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE
DAY OF 2024.
Notary Public m ___ County, Texas
My commission expires
Page 22 of 28
m
m
EXHIBIT A
Wy of Pairls
'Dmn'?"'Acf ff"A"M le"
Projecl. I" Street SE Revitalization
MRd V4gMPVS & kilveycm I tivmy 115 twmred wixesem thRcomprofic'nuve piaprisat Sjh0lAlCM),% CKH LW')?VUU7I#qd tO
exce0eme m druse iramS, pmfesu"soaY clesign Services for the I It Stpeet, relit,"vahons ppllshect 6n t1l*V?y of t'wbne'
Texas, With itur,poymI, tiiacly wlord of Innovatkarn mJ de&caawi W meving Merit na*(fs, AAM5 t3 pmwd ta, twung, ow
axper,vse a pW a lesthem!" Of ensunng, dt be-cmes a lImPrrwlI, ofi,ppban
Newahaa a@ d",mr, 'aye lock forweld w The ONX)cvarmv to copab(xavr wtti stai*Wdeit� and coiwAxhas -o PIC VIENW'apac'n' of E
dynwrocsmnuble, arid trmEwngsueetscape ow the ctwammpr to v)Otftw vearsto ctetwlle
11),resenried Mara ts an w,,de;nh b4cMuk),mi, ourhnow, Oufpfc,be<ted Scopeof Lervices, complett: wah anuctpatedexpectatrons
amd ff,hr- con mpcnito,4, ct',nm aKsmated with each compmmyt.
Base PA&P Data
vite wisl myotme4lIce hay gerieraVmg wo mnW base as aMhbnl tNl� lf"llatl A10116,w, Ge-qvaph'mai x'rifcorrw.on Sr"V'e�n's
eG!M da^ a OC'w' ld,gx". Ou" 'Amp, utcorpvAllt afld'6 illmagertv� Wity da w, (AM hound mymfoemanron, and RJDAR
Mkommon pnyMed bV the Coy, enswing, a &xwiipc0*n5M fmindatron lot twoget planermgand mnAlysa;
R'il'e WfljR pliffflUM & tlDPMA$Abit d"n swvwy To tpikze rn as Mau of taus' pycjeot� MA torhc4pphlcdosigA iuridley mff
(I°pe prcmct'edmrhe avilf corstrovoAm, p4ns ason used ltm' the leamscifikagpir, ThKsLope
,ten,, n Cb* s I, a muw Oct I a KC0ye'09"i votth Diss'p Laliviul-I,
he lopN)"401"t, I*Chba TOpMgfaPhK femures inchidmg
i"IHSAJ4, an'l bo tvlk,uie,'� We,wha o- Vi,e evwri and p8'"wo,
apt I—A uI`:'!"ftv "J"M a, * ri"Mirf- 'Aged m be-kire he: SuNew d pedul?")", at 400 as 'reseafr`�'ns Gidstabaw 0 UMve'%'
N ul#ktpe,s as urclwlled in this pvvfsmm�,
J he cowrJowtes iamA be baseii(Nn lexas Mate Man,, North Cermig lone,14AUX3. Elpavalmos, vml be hKe49ujX0 the,
N(w1h Ammergumpec'llw'Al Dalrim nO 1988 JNAVD 88�,CNI"Ours WM' tm' 411cmmm an, 0he sunlmy al V Yncreft'',nu,
he Cri m Nr Imandanm wA, not Ise delvininad mis purr of tire, xq* of flus pr,oject,,trid a Is bssut.md Of, City 000
sing uqe,.A,w,twn conm.,tra fricAn &Amilacervii popetty owneis pffww Wo pxyISVucttcm,
Page 23 of 28
Topi Survey (CmQ
b"e, base,d on site coo6tiom lypkaNy, 2 4 aench,nzr $m a re, set 31"id cil,,a is, in uanexisungcut1bing,
tgendi ues M1npuwef ;Wes, 31re bar di?iomn in theground tsir lWs In as;!Wlt, RenchmarkisvAN, be shown on0le
SUMey
Parwamirk, ("AwIng
MM wrloolatxwatew;ttt EME40eevs I& Oxmiult ants ti,,a prcsvidegeotecprshat sei vices lot, t1iii qlqKK?, area.
wemechnk,W rn&eel appmach wHl inviOve C(X*dLKTurrjj 2,3 pavement ihe deugnated weas of
Nesit cores wM be ziigallym� to assess materiah, am depth,
Fin Theanwe, SOM SM;fle% W60, itm toOpcted frism beneath mhL 6��avemiggm to eyakialm the tll' Oe
minei W Neneath the pave ment stisicture,
Makeholder Wvolvement
mmmmm3m=
L"'i ?Vjm ema. �jram,4es E&!m skrylis, t"he oarl"i"dol", ll%,.Wng�
ttnaw;rriaamV& undielgrourr'd rfe'llcric
`,Mge�,, M47
All
Sews.", hilam & Seryh!m Urves
Cciimmunklatkins Lkws
Tmsh CaOeofiisa i he aria le Low kelm
US 1111itstO S,eryke Liamatiians
meas ;0aa, Sit, vk e (,,nes
V
AA fro i 11a 0 mi i data to Neu m aka 11 %1 maraA I u 11i ii V rin ap mat A he pr a der t IN wafts and d work wk h the Oqr Vg, so wdullle a
cogsr6yl at�org W Twe l � fig With a �4 t he a ppricaW e, U it MY P rMirick rs, PIA C G wH I sh a re i v Wpis of ut Rhim ge 0 sc i'lem alic
des�igm tial; use at tfiias nveittling to dil pwenf&ilfi:ms Telmfions, impmvemeiiiiis,and pat errm's llgrslimwgx.tian
coardhmitligm, A f0aw op uru�ea'tme Ilrrter to'finaal4 esign Vilianis can be sdkefMad, R tkerymi neceti als final firviki,
andbutipts are creMed,Zbb IRE&Ir"rim kLb--z—m&d&J--V-xs—m— iwim:
Pubk Input and Relations
StakhoWers m W City f ejj!s1 esvbtal, wa itt to gairrveg put!Ak: m ii j!ipart fisq Weptejett and posl pug sue addidaval
dom-muns fiam cMzens and businamsts ➢ ii,) the cm nimmundy-As Dart of WS tiwail, a sv%mg pubfic r t4afialls cilisnpa%rb
r, eedi to be mziotahggd uli, ensure a jsiss�yrvr ui*w cyl, the prop4teed Jesign iii o n qx ovwTvief its, As i prCig,re sses
,M G iailtf proilglide birds" eye %njews cif the pixtiftt matt ll in JNRCOS, as w0l as a W v iew gienodeftj, of the
iii9diveddesigni il irdiarnsamicm %,Wbe ;"Wdedto the city stafl to shale vidth kx:0 me4 ow4ets and shavim a
of TXDOT cmdinei
tre "Tpaciied in inuttipie klcati�crgs, at us assumed ccatrdnatkm iikiie otiow bev*ven the dtf,
T%CKkT, anid fiff(i fm mvil-wand all:i%giovallof thr des;gn sicins thiough, this agency, Cavwmeclu wM be addressed in
tUltsequen"t mv mfi:ii ills rnd afi ;A:Rns WN W 1'YXlatae lda!!i necessavy to, adhere AD TOW dl roqu�rmmgtts Vvc� do
not anuditiate aliv fum:0 itengnft% ficm Tx1DOT w4l be rol of deslign plains.
Page 24 of 28
04
Improvement and Design
ill CommcOoni Dr.mr.uments
Fo4TGvWM deWer comwehen:!Aive CiW wnstvwl�rtn ilraWngs, the remodal W t-,vsMrtg,, parmit rfaces
and the cari af ist!!Ivveet Ints a shaved,tiise piromenade, fiarturing piedenvian imsmogsand enhanced
sidewaW ciannecbvity. O%n uppmach adhems strKtly to she sUpWations set folth by the cltyaW IsfilWafif gate
zpenciea, ejrsurnng fuH ice mpl Nanvil�: %Oth negiAamy awndards and kricak or6warices,
The foWmving fist hx9tides die anficipatel.1 constorction dra)Wngs �
Exhiling riandapons (DeNveraMe from lbdmgtapha!imivey Scope i!iigned tor qth;�Mpmd Eng,neey;l
Demcwhhii!iin Plan '041,01111ifte! "i
OfinerisVii!mtrd Site PWn (s) -Tb p4caN Oemlt
-Ge,4ns 44,an
Ufifitv rian & Corsidilriatiion
,E'rWier, Compoll Plan
-Ten Viacwy Iraffic Plan
"'i inidurced as part of the aripfOnal 9milt package, but dented fistures and kxanons ame ca rventli
tilased oimiasmitawnts wfth aiijIcemt property Ownelps, UI,Nryand va"alskwtivry
rainnesticHmA, Ila,iwfinn aii: iWs sm;iie fee trkludes bask lighting tabus as and snikfing fixture select'hm pranded by
the C",
E urb needsig plans wRl tie subanitted foa avvview In 130%, ?SIX, arsd 201011% compteeon Sets, dun gineeding Q*ici at
FiiobaWe Com wM be provWed at suns h phase 0 design as aixuratePy ss:rmiissuWe GTrien the Weal of devaiR Ise eaiiII
�ser, AddlionaMA it k antid;miaed site vWts, as well ai� onsKis me,eungs B mv taittiing to the deagn,, wW be: neaessary
'a ijuling design" ikumtrju yuan yo- a"I �Wv ME�
For isldd4wgAcudget mrJJfno!!!;' h is antk'npml that desigil's efernents visitl tm broken imo dolucUve attemates phi the
bid package, 11ft Alaws ihe C4Y to sek�ct 0 of pontons of the for eagird llImsed on contnetaF b
reiaOim to Urp avaflaWv budget fnr the pnilem, As d4cussed, the City n,iayi Wine: te,
carygAmte ronasonems of this project thaR are oWsOt OW, mradable budget,
Typical Curb Extension D*W$
h he Citv Ma also 0eqLmited typikal i bin PO!Inddtid for Ntwe WimrwNmi: cuvb eittensiasw at kcUsfotni iwycomd
the scci itf this: projecl. THs detail YWII) hnctude, geometrVand tayows fnv urdformay for, eWh use, but R VOhe,
care pbaa' the *Mes, elevifticirs, diakiage, and layout will require m6ficinkm tivior to ewh use t�o einsurt
comphance with: eAsVngmkdwmii%, ffiese deW6 wMise Irreliamed coorseratmOt
wHirr the City Engmees sind MA be pii*,4&J to VI'm (Av unsirrimi in i pci and CAD format Fa4 Ovsk future kirse,
,em nd&cvhon, sand rea",
Landscape & Hardscape Design
bad van concernuw Packages,, &dr4Jsa*ng wO be fnlnrr,M on, thS, PY'Djt:C?, piai indw&ng sroziN landricapt,
bvis pn Owe pi!!destrian islands and 11!ilairter buns alorrig the
designes fur plainfing nede,Oons
Oeosmlive, bard Sapp items, suth, as Ihe utflhvpuAe reverings, wiN, beschtmaleaVy deMgned and 6* inctuided kv
be WO'donai "Witih tme 01,,t an,d5takrrmOders ho iriv,u-Oory III's antvpated these Airnils nn&V berennowd fromthe
crimerO bid package wisd It to the Oty for ;irivate to acquhre ma sWur pIcIram t t"N' tra'shican or
paiagmn,
3
Page 25 of 28
IN
:2
Teortical Specifkatiom for BW Oowmmts
MT6 *i.(kmepATt te011lnka'P specdkmam ccmczrnrq pertment ma'*413 and ca—wrotTn ffWthedoWgies taWmJ
to SWT OW urtP4ue devnamJs of thrs pru�ecf, Ifiese spec Ricaftns 4,01 adhem To the, odpWadlixis outfined by relevam!
B'Am pOmsmm' mvftdpaesuatvons, 2w gd I XM stzmdlw'mU' N, t,n 4ed 4, a tannpi, ehpnsMr &mWv,Wm.m. Vlei e
lecrmoxa� sperifiiizi,aons rrmE be seam4sAy Wegrawd h 6,mri the tdd�,,j pac "4kA"I;p' err"wu�mroi ',c. rfty a ad copnpHanin°,*,, fu�
:a Ill pjmspsi !!clwe contractors,
Construction Phase Services
TAS Re raft as
M l WiA � e&tel' the p"01'ecl w-,th the 7aexas III)e;N1 w ta nert of t icensirig and Re&atkva JTOLR) fix th,e p equked p4a in
aircessibMV m6mio, MTG al&,ums the City wHi be ii esptlnsible lot, Oreas, tccess;N! lty r�jtspevians
Ttqa,red fce IDUc!l,rnqNmnnce
11WWWOrt
W%%wM aclliq,Oy vrqage 4nownramiw inquRwes, m-tpr,ndmg w Rrquests fc,"r In'fitn'natrOn d ' MU), and
IssullnE tm�y eesii!irdal addenda piii>r to ate Wd deadline, Addkk?oaltN�OUN (IMWIII VAN V'Wtidteate 4rr Pfe-bhi afvJ bid
Aneatings, affeAng waluablIe Msights myJ eo;iierthe. furthermore,wewHI meticulmMypitpam a oxripreVwnsive bki
tabLdall*n, ensudng trampamncy and accuracy thromShcRa the bidding qrleeesjh�'j
Construc.04mit Sopport
The scope of This Ny'du d'wMay fluctwate Iftpenilms on factors mich as theconsmKOon serstm,, meather condalons,,
and 21,1be cfiomi = b: lbctcm r, Nvfm lhedess, MT(I haS IDUIllned flm golkm,mAng sevvfii;es 00no WM ii theldr antdPated
are, Cowl an wruicrurrer,conprehiensw zf the iSt aa, Dur olav exile vvce vmnf1arprojpM, and
our fdsk:wy)16th 13M(i grants,
ZSWeeo
'At bmitiW R"iliew6 nsonths at I hi!wug per "&
RKs and ConTrictor Questonns-, 6 nwnths all! I ivcmir per week
Himal FUlKh IJST
Pmpam 'Reami rh m4qsbased an (botractor provided notes mfougho%ir constfucVml
Exclusions
7 he fWW'Wins, Kim% art not NWOMPIKSIed w0in the icope! 0: ON proposal; Nrilmoer, they are supplenweintan(
semkLn that MIG can proOdp w. poo P, eque5t, Omni the nwmwetl pmae of those sei*vs, theirscollm !It
tradifionally rxenplex to deferamm, I hierefole, ?ATG im>mmemls That thLy or undertaken on a fime and matedWs
bas,,,s o�t�:m% %a Vzpdad rme!mhedUe lorpr,6,%, Sow lie exarrdp�ies of these selvikeecurrently
exthAded fr�imn mtr popcisat inchide �
H!5106�:M fa Erwircmmentai hw VWb-.
Comiruction SAaking,
Ritwemy finpec'dnn
GniiiT Aamfirdstratius
Onve authinized, MIG WM 11^aappy to work a sdm4litide out mth the Oy and Grant Min*dsqcttrai: W, Survey
crems are curwentfV scheduted 20 irt 2S worUng date aut a,nd the scheqMe ruuW vM depemiddng On WeatIliev,
comht'kins, Data cA.0e<Nm and scherimatic desdgn can begin iiq°dfln 13 weeks M w Mw)6zlwtkm and lrun amum"itly
'i.vfth m,v vey ioo,4%
Page 26 of 28
M
M
Compensation
NUG PNO'o'c'ses to-Orev"'de vNe seivices devvIibmJ abiwe lax fixedIllne, exclusivi. up dR,LKt j,elmllmnwllAe costs, asshtwwnbelaviv,
Amey chamilesiliequestest: by I Ig, linal des*n or aftti civH constructsw plans erre gfiuUzed shah Ilbe condUnlallf at an
houdy wate based anAppermfix I attached
lbp)Wmap 1hk!Wrvey ........... la'swW
�11,250.00
WIRRY Cmillrillfinatoov?
FwjMkkip'et & Rebtkmss ....... ...... $ F"750A)
MY irmstrus'don VMQ'jhqS'.—. .............. ........ $ 24tXXV,W
Oadtwpe & HvYdsrqpvMrvs..— .......... m'Sffilw
IMIRegIstratfun and ........... ....... 1,2SO'litV
ledwkel . ..... . .... . ...... 31SM1100
On'"nim� sup;mAw It., .......... ... ... .. ... .. ... ..
"SVOOPM11 ... 11--..,.�.���-.....'�..,.,.,��'..�....��,�I .... ........... I'�.I.-�,�.,�,�.��.�..�.I.�..,-..� . . .....
nnui (bist— ..........
Summary
'I his twroposal at n8les to dellineate the scape of servilices to be ProvW ad kyvl' NWT for V w"wecll fied pro�pn' 1111111les i expqk MY
statedotheiiwilse %allklifty extei,Ws feria cluyvtkmn of thiny (30� ape yo, folkWng which, the popo!W wHi exjare it aI vrecwLd
tA,76 ps ;Illeased so p;resenl, fl" prapai Wei looks foroard to fostvvirq coA A of afkv r on) tlli,'m pril!,fiect,
Should vallu awem d6s;n Gpasap an^ d fts accounpanVhig agreement accepta6le, w., khrdly reqtwst ivfji° vnaturma an one impy
of tire aga limment, foarl, ni'! turfflngthe odj�nal to ow offlice, gmtfld aw, Enqulries a6se cyr, farthef Infinmawn �m reqWivd.
plsado wt hesKiylie to mach auttv, vi avyotm, earfieg convenience.
M"'!,'' -"l rof)"'pm"11"',9
fATG Engkleers 1,
MIKE WES,, VIE
Page 27 of 28
m
Akry 3
MT'G
MTG Engineers & Surveyors
Civil***Environmental***Surveying
2024 Hourly Rate Schedule
CATEGORY Woe
SERVICE DESCRPTIONICLASSIFICA'PION UNkTS
RATE
KC
4 P1,
1",///,,' jf: C x! i;[%11/ f,
EJ
4
t j!i
RPII,,,,as!IC L'A"JY") (","N
K 1A
I/Mi),"Iii R/k,
,jri
00N,)
61
0/ R
VO
f"Y"i
Page 28 of 28