13 - Agreement with Jason Hart Engineering - Grand TheaterItem No. 13
Memorandum
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: GRAND THEATER ENGINEERING ANALYSIS
DATE: May 13, 2024
BACKGROUND:
The City of Paris owns the Grand Theater building located at 21 Lamar Avenue. The building was
recently cleared of asbestos and hazardous materials. The Paris Grand Theater Project, a non-
profit, has an agreement with the City of Paris for restoration and revitalization of the building.
The City of Paris owns this building. The purpose of the City assisting the non-profit organization
is to help kick start their ultimate goal of raising donations to fund a complete renovation of the
building, which is expected to be very costly. In addition, the city's assistance is appropriate as it
helps ensure the integrity of our own property, as well as being mindful of this building's impact
to those surrounding it.
STATUS OF ISSUE:
Before any renovation of the building begins, Staff is recommending a structural analysis be
performed to help identify any concerns we need to be aware of. This will aid in planning and
budgeting for specific renovation activities that the non-profit performs in the future.
The City Engineer has examined the building and recommends some repairs that could be made,
but ultimately recommends a Structural Engineer be called to perform an expert analysis.
This historic Grand Theater, circa 1916, is a city owned resource. It has been cleaned to expose
the raw building components and has indicated cracks in concrete and brick, exposed and rusted
rebar, and a leaking concrete roof. Based on these inward and outward signs of age, it is
recommended to perform a structural engineering analysis. Jason Hart Engineering has performed
several structural analyses for the city, and has done exemplary work for us.
It is foreseen that a roof analysis may also need to be done in the future. We are considering this
potential. This however is irrespective of performing a structural analysis.
BUDGET:
The engineering services agreement describes a sum not to exceed $29,350.000 for the Structural
Analysis and Report of this building. While not included in the Fiscal Year 23/24 budget, this will
follow the same pattern as the rehabilitation project and be paid out of existing American Rescue
Plan Act (ARPA) funding.
OPTIONS.
1. Authorize the City Manager to sign a Professional Services Contract with Jason Hart
Engineering, LLC for the Structural Analysis of this building at 21 Lamar Avenue.
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 Jason Hart
Engineering, LLC for the Structural Analysis of this building at 21 Lamar Avenue.
THE STATE OF TEXAS §
COUNTY OF LAMAR §
Professional Services Contract
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 Jason Hart Engineering, PLLC ("hereinafter referred to as
"CONSULTANT") whose address is 15305 Dallas Parkway 12th Floor, Addison, Texas
75001.
WITNESSETH:
WHEREAS, CITY desires to obtain structural engineering services from
CONSULTANT related to the Grand Theater building at 21 Lamar Avenue;
and
WHEREAS, CONSULTANT is a structural engineering firm qualified to provide such
services and is willing to undertake the performance of such services for
CITY in exchange for fees hereinafter specified;
NOW, THEREFORE,
THAT IN CONSIDERATION of the covenants and agreements hereinafter
contained and subject to the terms and conditions hereinafter stated, the parties hereto do
mutually agree as follows:
I.
Em to meat of Consultant
In accordance with Texas Local Government Code section 271.904(d),
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 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
CONSULTANT's performance of its professional service under this Contract. If
CONSULTANT is representing that it has special expertise in one or more areas to be
utilized in this Contract, then CONSULTANT agrees to perform those special expertise
services to the appropriate local, regional and national professional standards.
II.
Scone of Services
CONSULTANT shall perform such services related to the Grand Theater building
located at 21 Lamar Avenue, Paris, Texas, specifically including, but not necessarily
limited to, the tasks enumerated more fully in Attachment "A" hereto entitled "Scope of
Work" (hereafter referred to as the "Project"). Services not set forth in Attachment A
shall be additional services and should CONSULTANT perform such additional services
as permitted in this Contract shall entitle CONSULTANT to payment of additional
compensation. Attachment "A" is hereby incorporated herein by reference and made a
part hereof as if written word for word. However, in case of conflict in the language of
Attachment "A" and this Contract, the terms and conditions of this Contract shall be final
and binding upon both parties hereto.
III.
Payment for Services
Total payment for services described herein shall be a sum not to exceed
TWENTY-NINE THOUSAND AND THREE HUNDRED FIFTY AND NO/100
DOLLARS ($29,350.00). This total payment for services includes CONSULTANT's
ordinary expenses such as salary costs, overhead, direct expenses and profit. Additional
expenses, which are extraordinary in nature, shall be approved in advance by CITY in
writing signed by the parties. Such extraordinary expenses may be paid as incurred and
billed to the CITY pursuant to this Contract over and above the total payment amount
identified in this provision. Any extraordinary expenses not approved in writing in
advance by the CITY shall remain the sole responsibility of the CONSULTANT.
CONSULTANT will bill CITY on a percent complete basis in accordance with
Attachment "B"; provided however that this Contract shall control in the event of any
conflict between the language in Attachment "B" and the language in this Contract. If
additional services, trips or expenses are requested, CONSULTANT will not provide such
additional services until authorized by CITY in writing to proceed. The scope of services
shall be strictly limited. CITY shall not be required to pay any amount in excess of the
amount identified in the preceding paragraph unless CITY shall have approved in writing
in advance (prior to the performance of additional work) the payment of additional
amounts.
Each month CONSULTANT will submit to CITY an invoice supporting the
percentage complete for which payment is sought, along with a progress report supporting
the invoiced amount. Each invoice shall also state the percentage of work completed on
the Project through the end of the then submitted billing period, the total of the current
invoice amount and a running total balance for the Project to date.
Within thirty (30) days of receipt of each such monthly invoice, CITY shall make
payment in the amount shown by CONSULTANT's approved monthly statements and
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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 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 SSIUS of Services
CITY reserves the right to revise or expand the scope of services after due approval
by CITY and agreement by CONSULTANT as CITY may deem necessary, but in such
event CITY shall pay CONSULTANT equitable compensation as agreed by CITY and
CONSULTANT 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. Further, CONSULTANT has no
obligation to perform any services not set forth in Attachment A without the advance,
written approval of CITY.
V.
Term and Time of Performance
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.
The CONSULTANT shall commence services upon execution of this Contract.
Unless terminated, or unless the Scope of Services and Time of Performance are changed
in accordance with Article XV, Changes, the CONSULTANT shall complete the Scope
of Services provided under Article I1 by July 10, 2024. Notwithstanding anything herein
to the contrary, CITY acknowledges and agrees that any schedule for the provision of
CONSULTANT's services may be modified or adjusted by written agreement between
the parties due to review by third -party consultants, review and approval of submissions
by authorities having jurisdiction over the project, changes in the scope of the project,
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and or delays by the CITY and/or its contractor or consultants. CONSULTANT shall have
no liability for any such delays mutually agreed to by the parties.
The completion schedule set forth in this Article may be subject to causes that
result in delay over which neither CONSULTANT nor the CITY has any control.
Notification and justification for any such delays identified by the CONSULTANT must
be made in writing and approved by the CITY. The schedule of work will be extended
to include any such delays pursuant to Article XV, Changes.
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. Data and study products prepared by the CONSULTANT
under this Contract shall be delivered to the CITY if requested on the condition that the
CITY has fully paid CONSULTANT all sums due for such data and study products. The
CITY will only be obligated to compensate the CONSULTANT in the amounts agreed
herein for those services performed prior to the effective date of termination and upon
the CONSULTANT's submitting a statement of actual services performed and payment
requested.
VII.
Ownership of Documents
All materials and documents prepared or assembled by CONSULTANT under this
Contract shall become the sole property of CITY and shall be delivered to CITY without
restriction on future use on the condition that CITY substantially performs its obligations
under this Contract, including prompt payment of all sums due. CONSULTANT may
retain in its files copies of all drawings, specifications and all other pertinent information
for the services. CONSULTANT 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 CONSULTANT without retaining CONSULTANT, such use shall be at CITY's sole
risk and liability, and CITY releases CONSULTANT and its consultants from all claims
and causes of action arising from such uses.
VIII.
Insurance Requirements
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
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Paris. The CONSULTANT 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.
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 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 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.
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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 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 A- 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.
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IX.
Right to Ins sect 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 on the condition that CITY substantially performs its obligations
under this Contract, including prompt payment of all sums due. 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,
on the condition that CITY substantially performs its obligations under this Contract,
including prompt payment of all sums due, any subcontractor or architect 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 architect 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 architect 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 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. Notwithstanding the foregoing or
any term or condition to the contrary, the CONSULTANT shall be entitled to rely on and
shall not be responsible for, the accuracy, completeness, and timeliness of, services and
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information furnished by the CITY and the CITY's employees, agents, consultants and
contractors of any tier, and persons or entities under their supervision or control.
XII.
INDEMNIFICATION
IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE
SECTION 271.904(a), CONSULTANT DOES HEREBY COVENANT AND
CONTRACT TO INDEMNIFY AND HOLD HARMLESS THE CITY, ITS CITY
COUNCIL, OFFICERS, EMPLOYEES, AND AGENTS, IN BOTH THEIR PUBLIC
AND PRIVATE CAPACITIES, FROM AND AGAINST LIABILITY FOR DAMAGE
TO THE EXTENT THAT THE DAMAGE IS CAUSED BY AN ACT OF
NEGLIGENCE INTENTIONAL TORT, INTELLECTUAL PROPERTY
INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER
COMMITTED BY THE CONSULTANT OR THE CONSULTANT'S AGENT, ITS
CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH
THE CONSULTANT EXERCISES CONTROL.
XIII.
Independent Contractor
CONSULTANT'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 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 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 CONSULTANT, its officers, agents, employees, contractors,
subcontractors and architects, and nothing herein shall be construed as creating a
partnership or joint enterprise between CITY and CONSULTANT. CITY and
CONSULTANT shall not be construed to be in any type of joint venture with respect to
the scope of work set forth in this Contract.
XIV.
Default
If at any time during the term of this Contract, CONSULTANT shall fail to
commence its services in accordance with the provisions of this Contract or fail to provide
its services in accordance with the Standard of Care or fail to use an adequate number or
quality of personnel to perform its services as is consistent with the Standard of Care or
fail to perform any of its obligations under this Contract in accordance with the Standard
of Care, 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 as set forth herein,
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the cost to CITY to complete the services 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
but only to the extent caused by CONSULTANT in accordance with Texas Local
Government Code section 271.904(a). CONSULTANT'S liability under this provision
shall be limited to the total dollar amount of this Contract.
CITY's remedies for CONSULTANT's failure to perform its services in
accordance with the Standard of Care or other material breach under this Contract (after
notice and an opportunity to cure) shall be one or more of the following remedies which
may be exercised separately or in combination at CITY's sole exclusive choice:
(a) Reserved;
(b) Re -performance of those services not in accordance with the Standard of
Care at no extra charge to CITY; or,
(c) Monetary damages in an amount not to exceed the greater of:
(1) The amount of any applicable insurance coverage CONSULTANT is
required to purchase and maintain under this Contract plus any deductible
amount to be paid by CONSULTANT in conjunction with said coverage
regardless of whether CONSULTANT has actually purchased and
maintained said coverage; or,
(2) The total dollar amount of this Contract.
The terms of Sections XII entitled Iwndemnification, and XVII entitled Confidential
I_nformatio_n shall survive termination of this Contract. Notwithstanding any term or
condition to the contrary, CONSULTANT shall not be liable for the acts, errors, or
omissions of CITY, its agents, employees, contractors or consultants of any tier, or any
person or entity under their supervision or control.
IN RECOGNITION OF THE RELATIVE RISKS, REWARDS, AND
BENEFITS OF THE PROJECT TO BOTH THE CITY AND CONSULTANT, THE
RISKS HAVE BEEN ALLOCATED SUCH THAT THE CITY AGREES THAT, TO
THE FULLEST EXTENT PERMITTED BY LAW, CONSULTANT'S TOTAL
LIABILITY TO THE CITY FOR ANY AND ALL INJURIES, CLAIMS, LOSSES,
EXPENSES, DAMAGES, OR CLAIM EXPENSES ARISING OUT OF THIS
CONTRACT OR THE SERVICES FROM ANY CAUSE OR CAUSES, WHETHER
ARISING OUT OF CONTRACT, TORT, NEGLIGENCE, WARRANTY, STRICT
LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT
EXCEED THE CONSULTANT'S AVAILABLE AMOUNT OF PROFESSIONAL
LIABILITY INSURANCE.
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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 received concerning
City of Paris, its affiliates and subsidiaries, and all oral and written information received
concerning CITY or its activities, that is of a non-public, proprietary or confidential
nature including, without limitation, information pertaining to customer lists, services,
methods, processes and operating procedures, together with all analyses, compilation,
studies or other documents provided by CITY which contain or otherwise reflect such
information. The term "Confidential Information" shall not include such materials that
(a) are or become generally available to the public other than as a result of disclosure of
CONSULTANT, (b) are required to be disclosed by a governmental authority or pursuant
to a properly submitted request under the Texas Public Information Act or other
applicable law, (c) were known to CONSULTANT prior to its receipt from the CITY, (d)
becomes known (independently of disclosure by CITY) to the CONSULTANT from a
source other than one having an obligation of confidentiality to CITY.
XVIII.
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 CONSULTANT
is otherwise notified:
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Todd Mittge, P.E.
City Engineer
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:
Jason Hart, P.E.
Jason Hart Engineering, PLLC
10404 Gooding Drive
Dallas, TX 75229
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.
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.
CONSULTANT will make any and all reports required per federal, state or local law
including, but not limited to, proper reporting to the Internal Revenue Service, as required
in accordance with CONSULTANT's income. Situs of this Contract is agreed to be
Lamar County, Texas, for all purposes, including performance and execution.
XX.
Severability
If any of the terms, provisions, covenants, conditions or any other part of this
Contract are for any reason held to be invalid, void or unenforceable, the remainder of
the terms, provisions, covenants, conditions or any other part of this Contract shall remain
in full force and effect and shall in no way be affected, impaired or invalidated.
XXI.
Remedies
No right or remedy granted herein or reserved to the parties is exclusive of any
other right or remedy herein by law or equity provided or permitted; but each shall be
cumulative of every other right or remedy given hereunder. No covenant or condition of
this Contract may be waived without written consent of the parties. Forbearance or
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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 or
CONSULTANT in the exercise of its rights herein shall in no way constitute a waiver
thereof.
XXIV.
Headings
The headings of this Contract are for the convenience of reference only and shall
not affect any of the terms and conditions hereof in any manner.
XXV.
Venue
The parties to this Contract agree and covenant that this Contract will be
enforceable in Paris, Texas; and that if legal action is necessary to enforce this Contract,
exclusive venue will lie in Lamar County, Texas, or in the United States District Court
for the Eastern District of Texas, Sherman Division.
XXVI.
No Third Party 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.
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XXVII.
Incorporation of Provisions Reg uired 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.
XXVIII.
E ual Em to °ment Opportunity
In the performance of this Contract, the CONSULTANT will not discriminate
against any employee or applicant for employment because of race, color, religion, age,
sex, national origin or any other protected class.
XXIX.
Form 1295
CONSULTANT, 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
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XXX.
Mandator Non -Bo °cott and other Provisions
CONSULTANT acknowledges this Agreement may be terminated and payment
withheld if this certification is inaccurate. 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. 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.
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 this Agreement. CONSULTANT acknowledges this
Agreement may be terminated and payment withheld if this certification is inaccurate.
Pursuant to Subchapter F, Chapter 2252, Texas Government Code, CONSULTANT
certifies that CONSULTANT is not engaged in business with Iran, Sudan, or a foreign
Structural Engineering Services Contract
Jason Hart Engineering, PLLC Page 13 of 24
terrorist organization. CONSULTANT acknowledges this Agreement may be terminated
and payment withheld if this certification is inaccurate.
IN WITNESS WHEREOF, the parties hereto have set their hands by their
representatives duly authorized on the day and year first written above.
--------------------------------SIGNATURE PAGE FOLLOWS --------------------------------
Structural Engineering Services Contract
Jason Hart Engineering, PLLC Page 14 of 24
ATTEST:
Janice Ellis
City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris
City Attorney
CITY OF PARIS
M.
GRAYSONPATH
City Manager
Date Signed:
JASON HART ENGINEERING, PLLC
Name: Jason Hart, P.E.
Title: President
Date Signed:
[Remainder of page left blank intentionally.]
Structural Engineering Services Contract
Jason Hart Engineering, PLLC Page 15 of 24
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 the -. day of ,
20 , by JASON HART, in his capacity as President of JASON HART
ENGINEERING, PLLC, 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 _ ..........................._ITIT..............� County, Texas
My commission expires
Structural Engineering Services Contract
Jason Hart Engineering, PLLC Page 16 of 24
Attachment "A"
SCOPE OF SERVICES
Mal' JASON HART ENG11114EERING pu,,,c
MaY5,20124
'Todd Nuttse, F.B.
City Engineer•
city a Paris, TeXAS
lss: SE V, sit
Fahs, Texas n4il
?ropoW fdr Structural Fzan"ring Servites -. Structural Engineering Assessment
Grand Theater, 211 =ar Avenue, Naris„ Texas,
ThuLk you for the opportunity to subnut a proposal for the structural engmeering asu-ssment Cd
Um Grand Theater m Paris. The theater was constructed in 2936-1937, Lnd thA =ain entrance (arid
marquee) is on Lamar Ax true even though the theater itself is a buUding that is between Lamau
Avenue and Houston Street, A corfidar coma" ts the can tranceto the theate: lobb) � and main sWrs
up to the balcony,
Edift L Aenal viour of Ckwid 7heater arid swrrunda-4 buadrV
51/1111111"I'liEl", r 1111"'1111111F 7
Structural Engineering Services Contract
Jason Hart Engineering, PLLC Page 17 of 24
Fodd Mittge, P.E'
Fwposal , Shuchazal Engineering Assessanent,'", (Tand Theaterjrlans, Texas
Mar, �' 202"i
E 2, Marquee avi Hwitw aitiance rdit' 3, is `dor 6san Lauw Ave vnby to ftatex
THEATER STRUCTURE
Tbe tn"v!itairway and stage floor are ftamed with reinfbri:ed ccmcreleslabs and tMoms. The first.,
ficor seating wea And dw lobby ii a° Are icortcrete slab-on%rAde, Miie Damm -floor lobby, lrorhdor,
hdoonvand r�olof aze reinforced concrete olob suppazted IT stluctulal steel Tama" 'iel. tnass"
are the primary structural components of the balcony and the roof,'Ilve tnasses aresupported by
steel coluncns encased in cararete. In genezat the bricL jxninwieferwalls are not load-bearutt" but
the proposed structur�al Assmin:ent atay detennine that paitions of die masonry YvAL, support
some secianclaq camponents,
ExWbits 5 Nuo ugh 22, show the different axicas au d strue huAl conrlmnscift that were livinble duzing
in prelimina'ay waki,t),%raugli of Ute theater on April 1, 20�24.
Exhkd 4- Madn slaLrway
Bft'WS- Sb%xtwal fraw4n& b,-knv th*
Structural Engineering Services Contract
Jason Hart Engineering, PLLC Page 18 of 24
Todd,h ittge,P„E,
e — Straart=ad EnpneerinS Assessment — Grand Theatv, Paris. Texas
Naar 5, 2024
rt Nta & a r cof frairmnS jOxnv Mage,hwrart cmm Ot itAp areai ma below ftr at aha,.
/111111"'1161, e
Structural Engineering Services Contract
Jason Hart Engineering, PLLC Page 19 of 24
Todd, Mit'ge, PI
Proposal — Stru&jria En Assess=ient — Grand 7heatez, Paris, Texas
MAY, 5,'202-
Structural
,:02-1
EXI&it 13, RO& bautns 90've hacmw
� 14. Fast %-AB of xtiff stmm'ay
Exhftnt IS, 7 heabn soaih wZ
E�dd* 16 Ee� sWe of theatn MWI of sUMP
E 17, Dkrdhmid %vsN miles of Lheda
Structural Engineering Services Contract
Jason Hart Engineering, PLLC Page 20 of 24
Todd I«Iittje, F.E.
arc posal
� —Stm&axal Enguie*ring Asssent- Grand Theatez, Faris, Texas
May, 3, 2024:
In mrty prehminwy w&Btluough, some of the t},pes of struchual issues lobserved are:
Grads in reinforced c=cTete slabs and beams
DeL=iinated concrete in slabs and beams
Ex sed steel rebar L%af has corrosion
Conasion cat's tructur &I steel components, including the main trusses
'ainage to the masonn,, walls
EkNht 18 T#vqvrAry awd
Elkjild M cra& in ccowsCp nxi,
Uttit M, stee� tvart Mcawd in Cw%=t*
E�&dbkt 2L Ewith conomm
t` bit 21 Ccerosicat imstreel Ivam
Structural Engineering Services Contract
Jason Hart Engineering, PLLC Page 21 of 24
I odd Nfitje, R E,
Proposal -Struclurd EnoeeringAssessment -Grand 1heater, Faitm Texas
MaT 20-4
OBJECME & SCOPE
Rasvl on my discussimu with Ure Cftmf of taut sr, my wall,through of 1h biffldinrp ost April 1, 202 k
and my ex1mrionice with struchAral enguteermi; Assesoments of othei pip -19-W Imildirigs my
wtdierstandutS is tlutthLs asoftsumiatis one of the stel!is in the process of remnafing the theater
so tbAt it is sate for pubbc occupancy. The objective aid siimlv of thms prop W.jed stnictmal
assessmerd is not todesign Ow g!epAirs or additional structuxal components that may be need'ed
tax occupang, but instead to:
Donsment tlw shurtural, s " ipthtTmftw
stomsat !1m%Rgravity and kvind leads 6inL
wrk o the
fm
oldation, and We1111've accessibIt, measure the strucbmal frammg,
Ferfonn bmited structural jaialvses for pitmay struchuml uvembers and compare t1w
meiiabors" cApacities to the airrent buildingcodle-prescribod design 1hv loaft
Slap floors ISO Fdf
AssembIv areas with awf seats 60 pst
Balcony seating Ams 90 list
Lobbies IE*,Psf
Bi'dicony corridor's IW P'.f
Stotes and exit wAys I CO psi
Restr(mmis WFI;f
Theater pmojection rooms 160: P'j
Roof 20psf
Awmmp &: campies 10 1 W
Doasment structwal deficiencies observed dunng 11ho Assess-cment.
Piavidemelcommendations fin repair cir reinforcemvid: mekbods for deficient structural
COMFIOD'escts,
Frepazean Opinion of Probable Ccatstmchon most: 410FCC) thAt is intinuled to provide, a
cost estimate of stnmWial repairs tha,t isi,if-35 1wricent accurAto,
SERVICES
Task 1. Gri-she vilual Onerwation 41111 Illumutmttmmg interior and exlenor. Mie purpose isk tha
observation mill be to identify ameas %,h#m Uidestnichual frAndnf; and thp latae appear to be
distressed, nuriz% the obserration, meastarements relent ant to futuro strum hiral am4ois wiU be
obtaimi in artaswhere t1w structural rime mints Are micossible.
Task 2. Stmctural enginvering asseisment and lintited striactura] anAlysis to W entify portions
of tht StniChM 11tat,Mata 11Af to hAre suffident capainty to support the design loads prescribed
bv Me current bmiddir
code oz bj aredistressed anirVor havf bondfhdcient stnictural caindty,
Structural Engineering Services Contract
Jason Hart Engineering, PLLC Page 22 of 24
ToddMittge, ?'E
Proposal - St:uctw al Eng'neerizg Assessment - Grand Theater, Paris, Texas
Mar S. 2024
T&sk 3. Prepare & StructurLI Assessment Report that documents eit findingsauid conch==
from Tasks I and 2. Recommendations for next steps will be included in the Repoq� The Report
vas mu andu&e banc roof, balcony and ground floor plans where, specific issues are referenced so
the Assessment can lead directly to the design of repairs if that is the Cit�"'s de=ed next step. The
report u7ill also include the OPCC,,
T"*.tk 4 (optionW: Present the Structural Assessment Report in Paris. The important ffaulings,
cone hisions, and recommendalicm will' he discussed in personut Paris,
FEE & SCHEDULE
The
profit can be completed four` the fee shown below based on the follavving scludule:
Task
Tasl 1: On-site visual ob s*rvation
Task 21. Struchrial engineenng assessment s2qM�:So 5vi7eeIs
7_49�11 - �Prel are �rll C I rt . .... . ...... . . .... -
Task -1 toptional): Present Report in Paris S4,500 1 week to Prepare
The fees listed above include expenses for travel and project -specific PPE. Follow -4 tive final
Tas,l addressed bly this proposal,, additional services can be perfomed upon reclut-st at a rate of
S:S0 per hour, plus travel expenses.
INSURANCE
hzson Raft Engineering holds tiw following insurance polides:
Ccaruneicial General Liability Sl, 0M,ou" each Mcurrenckf S2,000"M aggresafe
ProleziorW llabWty SI,0WWD each ccc-uzrencej S_',CWN0 aggregate
Automobile Lialiffitv
Workors Compensation
I lel: fanvard to working with the Cihr of Paris an this project, It you have any queStions, a
fflis Pray sal„ Please let =e, know
Tason.Haft Engineering PLL,C
Texas PE Firm No,, S_n0
M
PAU,'
Structural Engineering Services Contract
Jason Hart Engineering, PLLC Page 23 of 24
Attachment "B"
PAYMENT SCHEDULE
All fees not to exceed without prior approval.
For and in consideration of Basic and Special Services to be rendered by CONSULTANT,
CITY agrees to pay, based on the fees indicated below, with the total fee not to exceed TWENTY-
NINE THOUSAND AND THREE HUNDRED FIFTY AND NO/100 DOLLARS
($29,350.00). 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
I. CONSULTATION AND PRIORITIZATION SERVICES
(100% of Total Basic Service Fee) _ $29,350.00
II. PRELIMINARY ENGINEERING SERVICES
(N/A% of Total Basic Service Fee) _ $N/A
II. FINAL DESIGN SERVICES
(N/A% of Total Basic Service Fee) _ $N/A
III. BID PHASE SERVICES
(N/A% of Total Basic Service Fee) _ $N/A
IV. CONSTRUCTION ADMINISTRATION
(N/A% of Total Basic Service Fee) _ $N/A
TOTAL BASIC SERVICES FEE _ $29,350.00
SPECIAL SERVICES
V. N/A = $N/A
TOTAL SPECIAL SERVICES FEE _ $N/A
TOTAL SERVICES
TOTAL SERVICES FEE _ $29,350.00
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.
Structural Engineering Services Contract
Jason Hart Engineering, PLLC Page 24 of 24