11 Approve a resolution to enter into a contract with Hayter Engineering, Inc. to provide engineering services for our ORCA, TxCDBG, project for water line replacementCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
11-13-2008
Engineering 41
Shawn Napier, P.E. City Engineer
Council Date:
/Director of Public Works
11.
11-24-2008
RECOMMENDED MOTION:
Approve a resolution to enter into a contract with Hayter Engineering, Inc. to provide
engineering services for our Office of Rural Community Affairs (ORCA) Texas
Community Development Block Grant (TxCDBG) project for water line replacement in
the Belmont Addition (NE Paris); and authorizing the City Manager to act as the City's
executive officer and authorized representative in all matters pertaining to the contract.
POLICY ISSUE(S):
Professional Services Contract
BACKGROUND:
We received our $180,833 award notification on September 25, 2008 from ORCA. The
contract requires that we procure professional services for engineering services and
allows up to $41,950.00 for reimbursement to the company that is selected to perform the
engineering services. A request for proposal was published in the Paris News and we
received one proposal.
The project will consist of replacing the existing cast iron water lines in the followin
areas: Fairfax St. from 1 lth N.E. to 17th N.E., Belmont St. from 1 lth N.E. to 17th N.E., 12t
N.E. from Tudor St. to Grove St. and 13t" N.E. from Tudor St. to Grove St.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution and map of Belmont Addition water line replacement project
ACTION:
BUDGET INFO:
2008-2009 Budget
❑ Financial Report ❑ Minute Order
Expense
Up to $41,950
❑ Department Report ~ Resolution
Budgeted Amt.
Reimbursed by TxCDBG
❑ Presentation ❑ Ordinance
y'I'D Actual
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FrscAL NoTES:
REVIEWED AND APPROVED BY:
Z Administration E City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court E Legal ❑ Library ❑ Police E Eng./Public Works ❑ Utilities
City of Paris - fl 7 Revised 2/04/08
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PROPOSED WATER LINES
- AND VALVES
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DRAFT
attorney\reswork\current\TCDP Blk Grant (STEP) - Hayter Engineering Agreement Belmont Res 2008
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING A1VD AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF PARIS AND HAYTER ENGINEERING,
INC. TO PROVIDE PLANS AND SPECIFICATIONS FOR THE BELMONT
WATER LINE REPLACEMENT PROJECT; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Paris is a participant in the Texas Community Development
(TCDP) Small Towns Environment Program (STEP) Fund Grant for water and sewer line
replacement; and,
WHEREAS, the City of Paris is in need of engineering services under the aforesaid
TCDP Block Grant for the Belmont Waterline Replacement Project which will include
replacement of dilapidated lines in an area between Tudor and Grove streets and 11th and
17th streets in northeast Paris; and,
WHEREAS, the City of Paris has received a proposal for such services from Hayter
Engineering, Inc. in the form attached hereto as Exhibit A; and,
WHEREAS, it is deemed to be in the best interest of the City of Paris that the City
enter into a professional engineering services agreement with Hayter Engineering, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby
in all things approved.
Section 2. That a Professional Services Agreement by and between the City of
Paris and Hayter Engineering, Inc. for preparation of plans and specifications for the
Belmont Waterline Replacement Project in a form substantially similar to the form
attached hereto as Exhibit "A," shall be and is hereby in all things approved, and the City
Manager is hereby authorized to execute and the City Clerk to attest to said agreement.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AIVD APPROVED this 24rd day of November, 2008.
Jesse James Freelen, Mayor
. OOQO i~
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
- 000070
AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of _November 24, 2008 _ between the City of Paris ,
Texas, acting through its City Manager as authorized by its City Council (OWNER), and Hayter
Engineering, Inc., a Texas corporation, acting through its duly authorized Vice President
(ENGINEER). OWNER requests ENGINEER's services for the City of Paris TCDP STEP
Program .
OWNER AND ENGINEER in consideration of their mutual covenants herein agree in respect of the
performance of professional engineering service by ENGINEER and the payment for those services
by OWNER as set forth below.
SECTION 1- BASIC SERVICE OF ENGINEER
1.1 General
1.1.1 ENGINEER shall provide for OWNER professional engineering services in all phases of
the Project to which this Agreement applies as hereinafter provided. These services will
include serving as OWNER' s professional engineering representative for the Project,
providing professional engineering consultation and advice and furnishing customary
civil, structural, mechanical and electrical engineering services, and customary
architectural services incidental thereto.
1.2 Desilzn Surve,ys Phase
After written authorization to proceed, ENGINEER shall:
1.2.1 Consult with OWNER to clarify and define OWNER' S requirements for the Project and
review available data.
1.2.2 Advise OWNER as to the necessity of OWNER' S providing or obtaining from others
data or services of the types described in paragraph 2.1, and assist OWNER in obtaining
such data and services.
1.2.3 Identify and analyze requirements of governmental authorities having jurisdiction to
approve the design of the Project and participate in consultations with such authorities.
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12.4 Provide analysis of OWNER' S needs, field surveys necessary for preparation of plans
and specifications (excluding boundary surveys), and comparative studies of prospective
solutions.
The duties and responsibilities of ENGINEER during the Design Survey Phase are amended and
supplemented as indicated in Exhibit B, AFurther Description of Basic Engineering Services and
Related Matters. @
1.3 Final Design Phase
After written authorization to proceed with the Final Design Phase, ENGINEER shall:
1.3.1 On the basis of the accepted preliminary documents and the opinion of probable Total
Project Costs, prepare for incorporation in the Contract Documents final drawings to show
the general scope, extent and character of the work to be furnished and performed by
CONTRACTOR(S) (hereinafter called ADrawings@) and Technical Specifications.
1.3.2 Provide technical criteria, written descriptions and design data for OWNER' S use in
obtaining approvals of such governmental authorities as have jurisdiction to approve the
design of the Project, and assist OWNER in consultations with appropriate authorities.
1.3.3 Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs
caused by changes in general scope, extent or character or design requirements of the
Project or Construction Costs. Furnish to OWNER a revised opinion of probably Total
Project Costs based on the Drawings and Specifications.
1.3.4 Prepare for review and approval by OWNER, its legal counsel and other advisors contract
agreement forms, general conditions, and supplementary conditions, and bid forms,
invitations to bid and instructions to bidders and assist in the preparation of other related
documents.
1.3.5 Furnish two copies of the above documents and of the Drawings and Specifications and
present and review them in person with OWNER. Three additional copies will be
furnished by the ENGINEER to appropriate review agencies.
1.4 Bidding Phase
After authorization to proceed with the Bidding Phase, ENGINEER shall:
1.4.1 Assist OWNER in advertising for and obtaining bids for each separate prime contract for
construction, materials, equipment and services; and maintain record of prospective
bidders to whom Bidding Documents have been issued, attend pre-bid conferences and
receive and process deposits for Bidding Documents.
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1.4.2 Issue addenda as appropriate to interpret, clarify ar expand the Bidding Documents.
1.4.3 Consult with and advise OWNER as to the acceptability of subcontractors, suppliers and
other persons and organizations proposed by the prime contractor(s) (herein called
ACONTRACTOR(S))@ for those portions of the work as to which such acceptability is
required by the Bidding Documents.
1.4.4 Consult with OWNER and determine the acceptability of substitute materials and
equipment proposed by CONTRACTOR(S) when substitution prior to award of contracts
is allowed by the Bidding Documents.
1.4.5 Attend the bid opening, prepare bid tabulation sheets and assist OWNER in evaluating
bids and in assembling and awarding contracts for construction, materials, equipment and
services.
1.5 Construction Phase
During the construction phase:
1.5.1 General Administration of Construction Contract. ENGINEER shall consult with and
advise OWNER and act as OWNER' S representative as provided in the construction
contract. All of OWNER' S instructions to CONTRACTORS will be issued through
ENGINEER who will have authority to act on behalf of OWNER to the extent provided in
said construction contract, except as otherwise provided in writing.
1.5.2 Visits to Site and Observation of Construction. In connection with observations of the
work of CONTRACTOR(S) while it is in progress:
1.5.2.1 ENGINEER shall make visits to the site at intervals appropriate to the various stages of
construction as ENGINEER deems necessary in order to observe as an experienced and
qualified design professional the progress and quality of the various aspects of the
CONTRACTOR(S) work. Based on information obtained during such visits and on such
observations, ENGINEER shall endeavor to determine in general, if such work is
proceeding in accordance with the contract documents and ENGINEER shall keep
OWNER informed of the progress of the work.
1.5.2.2 If requested by OWNER or recommended by ENGINEER and agreed to in writing by the
OWNER, an on-site observer will be furnished and will act as directed by ENGINEER in
order to assist ENGINEER in observing performance of the work of CONTRACTOR(S).
Such services will be paid for by OWNER as indicated in Section 5.
The duties and responsibilities and the limitations on the authority of the on-site observer
(if any) will be set forth in a separate exhibit which is to be identified, attached to and
3
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made a part of this Agreement before such services begin.
1.5.2.3 The purpose of ENGINEER' S visits to and representation by the on-site observer (if any)
at the site will be to enable ENGINEER to better carry out the duties and responsibilities
assigned to and undertaken by ENGINEER during the Construction Phase, and, in
addition, by exercise of ENGINEER' S efforts as an experienced and qualified design
professional, to provide for OWNER a greater degree of confidence that the completed
work of CONTRACTOR(S) will conform generally to the contract documents and that the
integrity of the design concept as reflected in the contract documents has been
implemented and preserved by CONTRACTOR(S). On the other hand, ENGINEER shall
not, during such visits or as a result of such observations of CONTRACTOR(S) work in
progress, supervise, direct or have control over CONTRACTOR(S) work, nor shall
ENGINEER have authority over or responsibility for the means, methods, techniques,
sequences or procedures or construction selected by CONTRACTOR(S) for safety
precautions and programs incident to the work of CONTRACTOR(S) or for any failure of
CONTRACTOR(S) to comply with laws, rules, regulations, ordinances, codes or orders
applicable to CONTRACTOR(S) furnishing and performing their work. Accordingly,
ENGINEER can neither guarantee the performance of the construction contracts by
CONTRACTOR(S), nor assume responsibility for CONTRACTOR(S) failure to furnish
and perform their work in accordance with the contract documents.
1.5.3 Interpretations and Clarifications
ENGINEER shall issue necessary interpretations and clarifications of the contract
documents and in connection therewith prepare work directive changes and change orders,
as required.
1.5.4 Shop Drawings
ENGINEER shall review and approve (or take other appropriate action in respect of) shop
drawings (as that term is defined in the aforesaid construction contract), samples and other
data which CONTRACTOR(S) are required to submit, but only for conformance with the
design concept of the project and compliance with the information given in the contract
documents. Such reviews and approvals or other action shall not extend to means,
methods, techniques, sequences or procedures of construction or to safety precautions and
programs incident thereto.
1.5.5 Substitutes
ENGINEER shall evaluate and determine the acceptability of substitute materials and
equipment proposed by CONTRACTOR(S) but subject to the provision of paragraph
1.5.4.
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1.5.6 Inspections and Tests
ENGINEER shall have authority, as OWNER' S representative, to require special
inspection or testing of the work, and shall receive and review all certificates of
inspections, testings and approvals required by laws, rules, regulations, ordinances, codes,
orders or the contract documents (but only to determine generally that their content
complies with the requirements of, and the results certified indicate compliance with, the
contract documents).
1.5.7 Disputes between OWNER and CONTRACTOR
ENGINEER shall act as initial interpreter of the requirements of the contract documents
and judge of the acceptability of the work hereunder and make decisions on all claims of
OWNER and CONTRACTOR(S) relating to the acceptability of the work or the
interpretation of the requirements of the contract documents pertaining to the execution
and progress of the work. ENGINEER shall not be liable for the results of any such
interpretations or decisions rendered in good faith.
1.5.8 Applications for Payment
Based on ENGINEER' S on-site observations as an experienced and qualified design
professional, on information provided by the on-site observer (if any), and on review of
applications for payment and the accompanying data and schedules:
1.5.8.1 ENGINEER shall determine the amounts owing to CONTRACTOR(S) and recommend in
writing payments to CONTRACTOR(S) in such amounts. Such recommendations of
payment will constitute a representation to OWNER, based on such observations and
review, that the work has progressed to the point indicated, and that, to the best of
ENGINEER' S knowledge, information and belief, the quality of such work is generally in
accordance with the contract documents (subject to an evaluation of such work as a
functioning whole prior to or upon substantial completion, to the results of any subsequent
tests called for in the contract documents and to any other qualifications stated in the
recommendation). In the case of unit price work, ENGINEER' S recommendations of
payment will include final determinations of quantities and classifications of such work
(subject to any subsequent adjustments allowed by the contract documents).
1.5.8.2 By recommending any payment ENGINEER will not thereby be deemed to have
represented that exhaustive, continuous or detailed reviews or examinations have been
made by ENGINEER to check the quality or quantity of CONTRACTOR(S) work as it is
furnished and performed beyond the responsibilities specifically assigned to ENGINEER
in this Agreement and the contract documents. ENGINEER' S review of
CONTRACTOR(S) work for the purposes of recommending payments will not impose on
ENGINEER responsibility to supervise, direct, or control such wark or for the means,
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methods, techniques, sequences, or procedures of construction or safety precautions or
programs incident thereto or CONTRACTOR(S) compliance with laws, rules, regulations,
ordinances, codes or orders applicable to their furnishing and performing the work. It will
also not impose responsibility on ENGINEER to make any examination to ascertain how
or for what purposes any CONTRACTOR has used the monies paid on account of the
contract price, or to determine that title to any of the work, materials or equipment has
passed to OWNER free and clear of any lien, claims, security interests or encumbrances,
or that there may not be other matters at issue between OWNER and CONTRACTOR that
might affect the amount that should be paid.
1.5.9 CONTRACTOR(S) Completion Documents
ENGINEER shall receive and review maintenance and operating instruction, schedules,
guarantees, bonds and certifications of inspection, tests and approvals which are to be
assembled by CONTRACTOR(S) in accordance with the contract documents (but such
review will only be to determine that their content complies with the requirements of, and
in the case of certificates of inspection, tests and approvals that the results certified
indicate compliance with, the contract documents); and shall transmit them to OWNER
with written comments.
1.5.10 Inspections
ENGINEER shall conduct an inspection to determine if the work is substantially complete
and a final inspection to determine if the completed work is acceptable so that
ENGINEER may recommend, in writing, final payment to CONTRACTOR(S) and may
give written notice to OWNER and the CONTRACTOR(S) that the work is acceptable
(subject to any conditions therein expressed), but any such recommendation and notice
will be subject to the limitations expressed earlier in this Section 1.
1.5.11 Limitation of Responsibilities
ENGINEER shall not be responsible for the acts or omissions of any CONTRACTOR(S),
or of any subcontractor or supplier, or any of the other persons (except ENGINEER' S
own employees and agents) at the site or otherwise furnishing or performing any of the
CONTRACTOR(S) work; however, nothing contained in Section 1.5 shall be construed to
release ENGINEER from liability for failure to properly perform duties and
responsibilities assumed by ENGINEER in the contract documents.
SECTION 2- ADDITIONAL SERVICES OF ENGINEER
2.1 Services RecLuiring Authorization in Advance
If authorized by OWNER, ENGINEER shall furnish or obtain from others Additional
Services of the types listed in the paragraphs of Section 2.1. These services are not
6
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included as part of Basic Services, except to the extent provided otherwise in Section 1
herein, and these will be paid for by OWNER, as indicated in Section 5.
2.1.1 Preparation of applications and supporting documents (in addition to those furnished
under Basic Services) for private or governmental grants, loans or advances in connection
with the Project; review and evaluation of the effect on the design requirements of the
Project of any documents prepared by others; and assistance in obtaining approvals of
authorities having jurisdiction over the anticipated environmental impact of the Project.
2.1.2 Services to make measured drawings of or to investigate existing conditions or facilities,
or to verify the accuracy of drawings or other information furnished by OWNER.
2.1.3 Services resulting from significant changes in the general scope, extent or character of the
Project or its design including, but not limited to, changes in size, complexity,
OWNER' S schedule, character of construction or method of financing; and revising
previously accepted studies, reports, design documents or contract documents, when such
revisions are required by changes in laws, rules, regulations, ordinances, codes or orders
enacted subsequent to the preparation of such studies, reports or documents, or are due to
any other causes beyond ENGINEER' S control.
2.1.4 Providing renderings or models for OWNER' S use.
2.1.5 Preparing documents for alternate bids requested by OWNER for CONTRACTOR(S)
work which is not executed, or documents for out-of-sequence work.
2.1.6 Furnishing services of independent professional associates and consultants for other than
Basic Services (which include, but are not limited to, customary civil, structural,
mechanical and electrical engineering and customary architectural design incidental
thereto); and providing data or services of the types described in paragraph 3.4 when
OWNER employs ENGINEER to provide such data or services in lieu of furnishing the
same in accordance with paragraph 3.4.
2.1.7
2.1.8
2.1.9
2.1.10
2.1.11
Services during out-of-town travel required of ENGINEER, other than visits to the site or
OWNER' S office, as required by Section 1.
Assistance in connection with bid protests, rebidding or renegotiating contracts for
construction, materials, equipment or services.
Providing any type of property surveys or related engineering services needed for the
transfer of interests in real properly.
Preparation of operating, maintenance and staffing manuals.
Preparing to serve or serving as a consultant or witness for OWNER in any litigation,
7
INGO 0 0 8 G
arbitration or other legal or administrative proceeding involving the Project.
2.1.12 Additional services in connection with the Project, including services which are to be
furnished by OWNER in accordance with Article 3, and services not otherwise provided
for in this Agreement.
SECTION 3- OWNER' S RESPONSIBILITIES
OWNER shall do the following in a timely manner so as not to delay the services of the
ENGINEER:
3.1 Designate in writing a person to act as OWNER' S representative with respect to the
services to be rendered under this Agreement. Such person shall have complete authority
to transmit instruction, receive information, interpret and define OWNER' S policies and
decisions with respect to ENGINEER' S services for the Project.
3.2 Provide all criteria and full information as to OWNER' S requirements for the Project,
including design objectives and constraints, spaces, capacity and performance
requirements, flexibility and expandability, and any budgetary limitations; and furnish
copies of all design and construction standards which OWNER will require to be included
in the Drawings and Specifications.
3.3 Assist ENGINEER by placing at ENGINEER' S disposal all available information
pertinent to the Project including previous reports and any other data relative to design or
construction of the Project.
3.4 Furnish to ENGINEER, as required for performance of ENGINEER' S Basic Services
(except to the extent provided otherwise in Section 1), the following:
3.4.1 Data prepared by or services of others, including without limitation borings, probings and
subsurface explorations, hydrographic surveys, laboratory tests and inspections of
samples, materials and equipment;
3.4.2 Appropriate professional interpretations of all of the foregoing:
3.4.3 Other special data or consultations not covered in Section 2; all of which ENGINEER may
use and rely upon in performing services under this Agreement.
3.5 Provide engineering surveys to establish reference points for construction (except to the
extent provided otherwise in Section 1) to enable CONTRACTOR(S) to proceed with the
layout of the work.
3.6 Arrange for access to and make all provisions for ENGINEER to enter upon public and
private property, as required for ENGINEER to perfortn services under this Agreement.
8
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3.7 Examine all studies, reports, sketches, Drawings, Specifications, proposals and other
documents presented by ENGINEER, obtain advice of an attorney, insurance counselor
and other consultants as OWNER deems appropriate for such examination and render in
writing decisions pertaining thereto within a reasonable time so as not to delay the
services of ENGINEER.
3.8 Furnish approvals and pertnits from all governmental authorities having jurisdiction over
the Project and such approvals and consents from others as may be necessary for
completion of the Project.
3.9 Provide such accounting, independent cost estimating and insurance counseling services
as may be required for the Project, such legal services as OWNER may require or
ENGINEER may reasonably request with regard to legal issues pertaining to the Project
including any that may be raised by CONTRACTOR(S), such auditing service as
OWNER may require to ascertain how or for what purpose any CONTRACTOR(S) are
complying with any law, rule, regulation, ordinance, code or order applicable to their
furnishing and performing the work.
3.10 If OWNER designates a person to represent OWNER at the site who is not ENGINEER or
ENGINEER' S agent or employee, the duties responsibilities and limitations of authority
of such other person and the affect thereof on the duties and responsibilities of
ENGINEER will be set forth in an exhibit that is to be identified, attached to and made a
part of this Agreement before such services begin.
3.11 If more than one prime contract is to be awarded for construction, materials, equipment
and services for the entire Project, designate a person or organization to have authority
and responsibility for coordinating the activities among the various prime contractors.
3.12 Furnish to ENGINEER data or estimated figures as to OWNER' S anticipated costs for
services to be provided by others for OWNER so that ENGINEER may make the
necessary findings to support opinions of probable Total Project Costs.
3.13 Attend the pre-bid conference (if any), bid opening, preconstruction conferences,
construction progress and other job related meetings and prefinal and final inspections.
3.14 Give prompt written notice to ENGINEER whenever OWNER observes ar otherwise
becomes aware of any development that affects the scope or timing of ENGINEER' S
services, or any defect or non-conformance in the work of any CONTRACTOR.
3.15 Furnish, or direct ENGINEER to provide, Additional Services as stipulated in paragraph
2.1 of this Agreement or other services as required.
9
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3.16 Bear all costs incident to compliance with the requirements of this Section 3.
SECTION 4- PERIOD OF SERVICE
4.1 The provisions of this Section 4 and the various rates of compensation for ENGINEER' S
services provided for elsewhere in this Agreement have been agreed to in anticipation of
the orderly and continuous progress of the Project through completion of the Construction
Phase.
4.2 ENGINEER' S services under the Final Design Phase shall be considered complete at the
earlier of (1) the date when the submissions for that phase have been accepted by
OWNER or (2) thirty days after the date when such submissions are delivered to OWNER
for final acceptance, plus such additional time as may be considered reasonable for
obtaining approval of governmental authorities having jurisdiction over design criteria
applicable to the Project.
4.3 After acceptance by OWNER of the ENGINEER' S Drawings, Specifications and other
Final Design Phase documentation, ENGINEER shall proceed with performance of the
services called for in the Bidding Phase. This Phase shall terminate and the services to be
rendered hereunder shall be considered complete upon commencement of the
Construction Phase or upon cessation of the negotiations with prospective
CONTRACTOR(S).
4.4 Basic services during the construction period are understood to be for the time of
completion initially specified in the corresponding construction contract, and services
beyond that time, including services as expert witness or assisting in litigation, or services
due to failure of the CONTRACTOR to complete on time, will be deemed additional
services.
SECTION 5- PAYMENTS TO ENGINEER
5.1 Methods of Payment for Services and Expenses of ENGINEER.
5.1.1 For Basic Services:
OWNER shall pay ENGINEER for Basic Services in certain of the phases, as follows:
Additional Services - OWNER shall pay ENGINEER for additional services rendered under this :
5.1.2.1 General - For Additional Services rendered, on the basis of per diem hourly rates shown
on Exhibit A hereto for services rendered by principals and employees assigned to the
Project. Additional Services which are known to be required at this time
include
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ENGINEER shall not exceed $ 41,950.00 in billing for these Additional Services
without prior written authorization by OWNER.
5.1.2.2 Special Consultants - For services and reimbursable expenses of special consultants
employed by ENGINEER pursuant to Section 2.1 or 3.4, the amount billed to ENGINEER
therefore, times a factor of 1.05.
5.1.2.3 For Reimbursable Expenses - in addition to payments provided for in paragraphs 5.1.2.1
and 5.1.2.2, OWNER shall pay ENGINEER the actual costs of all Reimbursable Expenses
incurred in connection with all Additional Services. The term AReimbursable Expenses@
means the actual expense incurred directly or indirectly in connection with the Project for:
transportation and subsistence incidental to locations other than the site; furnishing and
maintaining field office facilities; subsistence and transportation of on-site observers; toll
telephone calls and telegrams; special package delivery charges; laboratory testing fees;
reproduction of reports, Drawings, Specifications, and similar Project-related items in
addition to those required under Section 1; and, if authorized in advance by OWNER,
overtime work requiring higher than regular rates.
5.2 Times of Pa Ments
5.2.1 ENGINEER shall submit monthly statements for Basic and Additional Services rendered
and for Reimbursable Expenses incurred. The statements will be based upon
ENGINEER' S estimate of the proportion of the total services actually completed at the
time of billing. OWNER shall make prompt monthly payments in response to
ENGINEER' S monthly statements.
5.3 Other Provisions Concernin~Payments
5.3.1 If OWNER fails to make any payment due ENGINEER for services and expenses within
forty-five (45) days after receipt of ENGINEER' S statement therefore, the amount due
ENGINEER will be increased at the rate of 1% per month from the thirtieth day, and in
addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend
services under this Agreement until he has been paid in full all amounts due him far
services, expenses and charges.
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5.3.2 In the event of termination by OWNER under paragraph 7.1 upon the completion of any
phase of the Basic Services, progress payments due ENGINEER far services rendered
through such phase shall constitute total payment for such services. In the event of such
termination by OWNER during any phase of the Basic Services, ENGINEER shall be paid
for services rendered during that phase on the basis of the attached per diem rates for
services rendered during that phase to date of termination by ENGINEER' S principals
and employees engaged directly on the Project. In the event of any such termination,
ENGINEER also will be reimbursed for the charges of independent professional
associates and consultants employed by ENGINEER to render Basic Services, and paid
for all unpaid Additional Services and unpaid Reimbursable Expenses, plus all
termination expenses. Termination expenses mean Reimbursable Expenses directly
attributable to termination.
SECTION 6- OPINIONS OF COST
6.1 Opinions of Cost
Since ENGINEER has no control over the cost of labor, materials, equipment for services
furnished by others, or over the CONTRACTOR(S) methods of determining prices, or
over competitive bidding or market conditions, his opinions or probable Project Cost and
Construction Cost provided for herein are to be made on the basis of his experience and
qualifications and represent his best judgment as an experienced and qualified
professional engineer, familiar with the construction industry; but ENGINEER cannot and
does not guarantee that proposals, bids or actual Project or Construction Cost will not vary
from opinions or probably cost prepared by ENGINEER. If prior to the Bidding Phase,
OWNER wishes greater assurance as to Project or Construction Cost, he shall employ an
independent cost estimator as provided in Section 3.
SECTION 7 - GENERAL CONSIDERATIONS
7.1 Termination - The obligation to provide further services under this Agreement may be
terminated by either party upon thirty days written notice in the event of substantial failure
by the other party to perfortn in accordance with the terms hereof through no fault of the
terminating party.
7.2 Insurance
7.2.1 ENGINEER shall procure and maintain insurance for protection from claims under
worker' s compensation acts, claims for damages because of bodily injury including
personal injury, sickness or disease or death of any and all employees or of any person
other than such employees, and from claims or damages because of injury to or
destruction of property including loss of use resulting there from.
12
CID
7.2.2 OWNER shall procure and maintain similar coverage for any of its employees engaged on
the Project, and shall require all construction contractors associated with the Project to
procure and maintain at least statutory workmen' s compensation and contractor' s
liability coverage.
7.3 Controlling Law - This Agreement is to be governed by the laws of the State of Texas.
7.4 Successors and Assigns - ENGINEER and OWNER each is hereby bound and the
partners, successors, executors administrators, and legal representatives of OWNER and
ENGINEER are hereby bound to the other party to this Agreement and to the partners,
successors, executors, administrators, assigns and legal representatives (and said assigns)
of such other party, in respect to all covenants, agreements and obligations of this
Agreement.
7.4.1 Nothing under this Agreement shall be construed to give any rights or benefits in this
Agreement to anyone other than OWNER and ENGINEER, and all duties and
responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of OWNER and ENGINEER and not for the benefit of any other party.
7.5 Indemnitv - The OWNER will require that any construction contractor or subcontractors
performing work in connection with Drawings and Specifications produced under this
Agreement to hold harmless, indemnify and defend, the OWNER and this ENGINEER,
their consultants, and each of their officers, agents, and employees from all liability
claims, losses or damage arising out of or alleged to arise from the CONTRACTOR' S or
subcontractor' s negligence in the performance of the work described in the Construction
Contract Documents.
7.6 Limitation of Liabilitv - The OWNER agrees to limit the ENGINEER' S liability to the
OWNER and to all construction contractors and subcontractors on the Project, due to the
ENGINEER' S professional negligent acts, errors or omissions, such that the total
aggregate liability of the ENGINEER to those named shall not exceed One Hundred
Thousand Dollars ($100,000) or the ENGINEER' S total fee for services rendered on this
project, whichever is greater.
7.7 Causes of action between the parties to this Agreement pertaining to acts or failures to act
shall be deemed to have accrued and the applicable statutes of limitations shall commence
to run not later than either the date of Substantial Completion for acts or failures to act
occurring prior to Substantial Completion or the date of issuance of the final Certificate
for Payment for acts or failures to act occurring after Substantial Completion. In no event
shall such statues of limitations commence to run any later than the date when the
ENGINEER' S services are substantially completed.
7.8 Reuse of Documents - All documents prepared by the ENGINEER are for this project
only - they are not intended to be suitable for reuse on extensions of the Proj ect, or on any
13
9 0 ~a~
other proj ect. Any reuse without written verification or adaptation by the ENGINEER for
the specific purpose intended will be at OWNER'S sole risk and without liability to the
ENGINEER.
7.9 Consequential Damages - Notwithstanding any other provision of this Agreement, and to
the fullest extent permitted by law, neither the OWNER nor the Consultant, their
respective officers, directors, partners, employees, contractors or subconsultants shall be
liable to the other or shall make any claim for any incidental, indirect or consequential
damages arising out of or connected in any way to the Project or to this Agreement. This
mutual waiver of consequential damages shall include, but is not limited to, loss of use,
loss of profit, loss of business, loss of income, loss or reputation or any other
consequential damages that either party may have incurred from any cause of action
including negligence, strict liability, breach of contract and breach of strict or implied
warranty. Both the OWNER and Consultant shall require similar waivers of consequential
damages protecting all the entities or persons named herein in all contracts and
subcontracts with others involved in this project.
7.10 Reference Communications - The Consultant may be required to render opinions about
the performance or qualifications of others engaged or being considered for engagement
by the OWNER. Those about whom opinions are rendered may, as a consequence, initiate
claims against the Consultant. To help create an atmosphere in which the Consultant may
freely report or express such opinions candidly in the interest of the OWNER, the
OWNER agrees to indemnify and hold harmless the Consultant against all damages,
liabilities ar costs, including reasonable attorneys' fees arising from the rendering of such
confidential opinions and reports by the Consultant to the OWNER.
7.11 Deliverv of Electronic Files - In accepting and utilizing any drawings, reports and data on
any form of electronic media from the Engineer, OWNER agrees that such files are
instruments of service of the Engineer, solely for this particular Project. The OWNER
agrees not to reuse these electronic files for any purpose other than of the Project. The
O WNER agrees to waive all claims against the Engineer resulting from any unauthorized
changes to or reuse of the electronic files for any other project.
Electronic files furnished by either party shall be subject to an acceptance period of sixty
(60) days. After the acceptance period, the electronic files shall be deemed to be accepted
and neither party shall have any obligation to correct errors or maintain electronic files.
In the event of a conflict between the hard-copy construction documents and record
drawings prepared by the Engineer and the electronic files, the signed and sealed hard-
copy construction documents shall govern.
In addition, the OWNER agrees, to the fullest extent permitted by law, to indemnify and
hold harmless the Engineer, its officers, directors, employees and subconsultants against
all damages, liabilities or costs, including reasonable attorneys' fees and defense costs,
14
G b (3)
arising from any changes made by anyone other than the Engineer or from any reuse of the
electronic files.
SECTION 8- SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES
8.1 The following Exhibits are attached to and made a part of this Agreement:
8.1.1 Exhibit A ASchedule of Per Diem Rates@.
8.2 This Agreement, together with the Exhibits and schedules identified above, constitute the
entire Agreement between OWNER and ENGINEER and supersede all prior written or
aral understandings. This Agreement and said Exhibits and schedules may only be
amended, supplemented, modified or canceled by a duly executed written instrument.
IN WITNESS WHEREOF, the parties have read and understand, and made and executed this
Agreement as of the day and year first above written.
OWNER: CITY OF PARIS, TEXAS ENGINEER: HAYTER ENGINEERING, INC.
Kevin Carruth, City Manager W.O. Hayter, Vice-President
ATTEST:
ATTEST:
Janice Ellis, City Clerk
15
~ ~ C~-~
HAYTER
ENGINEERING, INC
CONSULTANTS PLANNERS ENGINEERS
Proposal
for
Engineering Services
for
City of Paris
TCDP STEP Program
4445 S.E. LOOP 286
PARIS, TEXAS 75460
PHONE 903-785-0303
FAX 903-785-0308
s ~ c~
HAYTER
ENGINEERING, INC.
CONSULTANTS PLANNERS ENGINEERS
October 22, 2008
City of Paris
P.O. Box 9037
Paris, TX 75451
ATTENTION: Shawn Napier, P.E., City Engineer
REFERENCE: Request for Proposal for Engineering Services
TCDP STEP Program
Dear Mr. Napier
4445 S.E. LOOP 286
PARIS, TEXAS 75460
(903) 785-0303
FAX (903) 785-0308
Thank you for considering Hayter Engineering, Inc. for engineering services for the above
referenced project. I hope the information included in this proposal is useful to you in making
your decision.
The following information is being provided to address the criteria outlined in the request for
proposal for engineering services.
Experience:
~ Throughout our 50 year history, we have participated in some 167 TCDP funded projects.
We have an extensive familiarity with TCDP rules and regulations.
• We not only provided design for most of these projects, but also provided construction
management/review. Often this included full-time or part-time inspection.
0 All of these projects have been in the northeast Texas area, and we feel that we have
special expertise in representing the smaller cities in this region. Located in Paris, Texas,
we can respond promptly to the City's needs.
Work Performance:
Design of all our projects are completed using AutoCAD computer designed software, which
greatly increases the quality and accuracy of our designs. This, combined with the personal
pride that all of our employees take in their work, results in a high level of design quality.
Qualificatiorzs and Capacity to Perform:
• With a staff of six professional engineers and twenty-six total full-time employees, we
can offer the stability and flexibility of somewhat larger firms, while still maintaining a
size that allows the principals of the firm to be directly involved with every client.
• Our six professional engineers have a combined total of over 100 years of professional
engineering experience. To assist our professional engineers, we have one Engineer-in-
Training.
• Construction drawings are prepared at our four AutoCAD workstations by our AutoCAD
technicians, each of which are currently operating with AutoCAD release 2005.
• We operate two survey crews to perform any necessary design surveying.
• We also offer project inspection services either on a full-time or part-time basis.
• All of these services are supported by our administrative staff of 5 employees who also
prepare contract documents and conduct the administrative aspects of our projects,
including bid and award process, processing partial payment estimates, change orders,
etc.
• Regarding professional liability insurance, a copy of our Certificate of Coverage is
included in this proposal. We carry $2,000,000 per claim and $2,000,000 aggregate
professional liability insurance.
Affirrrcative Action:
• Hayter Engineering, Inc. is a small business as defined by the SBA.
• Hayter Engineering, Inc. is an equal opportunity employer, and has adopted an
affirmative policy in this regard. In connection with this policy, periodic meetings are
conducted to remind supervisory employees of the policy requirements, on-the job
training opportunities are provided female and minority employees, and personnel
recruitment advertising indicates EEO compliance. Company subcontractors and
suppliers are notified of our non-discrimination policies, periodic performance
evaluations are conducted for all employees, including minority and female employees,
and all company facilities and activities are maintained on a non-segregated basis.
Minority and female employees are provided opportunities for further formal education,
including equal access to the company's tuition reimbursement program.
~ ~ (<9)
The company has maintained a policy of non-discrimination since its inception in 1957,
with these formal procedures being adopted in 1984.
In addition, we write TCDP grants and occasionally administer projects under this program. It
can be beneficial to have an engineering firm familiar with the administrative rules, since they
can consider these rules in making engineering decisions during the course of this project. In
addition to TCDP, we also have experience with programs through Rural Development,
Economic Development Administration, FAA, TxDOT, Texas Water Development Board, Texas
Parks and Wildlife, HUD, and other federal and state agencies.
The proposal package that follows this letter includes all the engineering services which we
propose to offer, a complete listing of past client local governments, resumes of engineers who
would be involved in the City's project; and a Disclosure of Interest Statement.
Once again, we appreciate the opportunity to submit our qualifications, and your time and effort
in considering our firm. We would be happy to provide such additional information as the City
may require, and would be pleased to appear before you or the City Council for an interview if
that would be beneficial in your selection process.
S incerely,
HAYTER ENGINEERING, 1NC.
02,
R. Reeves Hayter, P.E.
President
go (9)
ENGINEERING SERVICES PROPOSED
Engineering services that we believe would be required for TCDP funded projects are included
below:
Design Survevs - The Engineer will provide design field surveys. This item includes all
land surveying necessary to prepare plans and specifications, including topo and profiles,
contour map, existing flow lines, etc. Boundary type surveys for easements or sites are
not included.
Basic Engineering Services - Basic engineering services include preparation of design,
drawings, and specifications suitable for competitive bidding, assistance in obtaining
bids, and general engineering review of the construction contractor's progress and quality
of work during the construction process. General construction review entails the engineer
making periodic trips to the job site, to observe the construction progress and a prefinal
and final inspection.
Basic engineering services also includes assistance in the bid and award process, i.e.,
publishing advertisement for bids, soliciting bids from potential contractors, assistance at
bid opening, bid tabulation and bid bond checks, review of low bidder's qualifications,
and recommendation for award of project, and recommendation for payment of
construction contractor payment requests, as necessary.
3. Record Drawings and Warranty Review - The Engineer will provide revised drawings
after construction, showing changes reported by the contractor, and assistance, as needed,
to obtain warranty service during the warranty review period.
4. Geotechnical/Construction Testing and Crossing Permits - Engineer will arrange for any
necessary geotechnical or construction materials testing, and review results thereof.
Engineer will prepare any necessary applications for crossing permits, and submit same
to the appropriate regulatory agencies.
5. On-Site Observation - The Engineer can provide an on-site observer, who will provide
more frequent site reviews of construction progress than allowed for under (2) above, if
this service is required by the City.
C~o (16)
R. Reeves Hayter, P.E., R.P.L.S.
President, Hayter Engineering, Inc.
Education
B.S.E. Civil Engineering Duke University, 1971
Registrations
Professional Engineer, 1976, Texas
Professional Engineer, 1976, Oklahoma
Professional Engineer, 1976, Missouri
Professional Engineer, 1976, Arkansas
Professional Engineer, 1976, New Mexico
Professional Engineer, 1976, Louisiana
Registered Professional Land Surveyor, 1980, Texas
Memberships
National Society of Professional Engineers
Texas Society of Professional Engineers
American Society of Civil Engineers
Water Environment Federation
American Water Works Association
Southern Building Code Congress
Experiences
Mr. Hayter has over 30 years experience in surveying, consulting, planning, design,
testing, construction review, operations and environmental reviews for a broad cross-section of
civil works. Prior to his association with Hayter Engineering, he served as an assistant City
engineer and as project representative for an ENR 500 engineering design firm. Mr. Hayter
became associated with Hayter Engineering in 1976, and, since 1986, has served as President of
the firm. Among his prior projects are:
WATER FACILITIES
► LCWSD 1998-99 Improvements, Elevated Storage and Transmission
Mains
► Water Treatment Facilities, City of Cooper, Texas
► 4 Million gallon Center Street Storage, City of Paris
► Elevated storage facilities, City of Bonham
► Elevated storage facilities, Lamar County Water Supply District
(10 tanks total)
► Deep water well, City of Trenton, Texas
► Deep water well, City of Wolfe City, Texas
qD(1i)
► Comprehensive Water Supply Plan, City of Reno
► Dam rehabilitation, Big Creek Reservoir, City of Cooper
► Elevated Storage Facilities, Sharon WSC
► Elevated Storage Facilities, Bright Star-Salem WSC
► Elevated Storage Facilities, City of Tioga
STREETS ROADS - SIDEWALKS
► Urban Renewal, St. Joseph, Missouri
► Airpark Avenue, Greenville EDC
► 7th Southwest Project, City of Paris
► Pine Mill Road Improvements, Lamar County, Texas
► Oak Creek Addition, Phase VII, Paris, Texas
► Townwood Estates, Paris, Texas
► Pecan Street Extension, City of Bonham, Texas
► City of Clarksville, 1992 TDHCA Street Improvements
► Silo Road, Bonham, Texas
COMMERCIAL/1NSTITUTIONAL DEVELOPMENT
► Applebee's Restaurant, Paris, Texas
► Lamar Crossing Shopping Center, Paris, Texas
► Kennedy Ford-Lincoln Dealership, Paris, Texas
► Commerce High School, Commerce, Texas
► Burger King, Bonham, Texas
► Mirabeau Square Shopping Center, Paris, Texas
BRIDGES
► Mustang Creek, City of Deport
► Pig Branch, City of Bonham
► BRINSAP, approximately 800 bridges in Missouri and Texas
DRAINAGE PLANNING AND DESIGN
► Master Drainage Plan, City of Paris, Texas
► Comprehensive Plan - Stormwater Drainage, City of Bonham, Texas
► Master Drainage Plan, City of DeKalb, Texas
► Master Drainage Plan, Stillhouse Estates, Paris, Texas
► Master Drainage Plan, City of Reno, Texas
► Drainage Facilities Design, Mirabeau Center Project, City of Paris
► Drainage Facilities Design, Pine Mill Road Project, City of Paris
► Plum Street Stormwater Detention Basin, City of Paris
(~:f n Ci a)
AIRPORT DEVELOPMENT PROJECTS
► Commerce Municipal Airport-Runway and apron improvements.
► Cox Field, Paris, Texas - T-Hangar Aprons
► Cox Field, Paris, Texas - Taxiway Design
► Jones Field, Bonham, Texas - Aviation easements, airport layout planning
► Cox Field, Paris, Texas - Runway and taxiway reconstruction, navaids,
lighting improvements; airport layout plan
WASTEWATER FACILITIES
► Wastewater Treatment Facility Expansion, City of Bonham
► Wastewater Treatment Facility, City of Tioga, Texas
► Stormwater Equalization Basin, City of Commerce
► Wastewater Chlorination/Dechlorination Facilities, City of Paris
► 15" Powder Creek Interceptor Facilities, City of Bonham
► Wastewater Collection System Rehabilitation, City of Trenton
► Class A Autothermal Sludge Digestion Facilities, City of Paris
9,063)
Michael J. Donnan, P.E.
Hayter Engineering, Inc.
Education
B.S.C.E., Civil Engineering, Virginia Military Institute, 1980
Registrations
Professional Engineer, 1988, Texas
Memberships
National Society of Professional Engineers
Texas Society of Professional Engineers
American Society of Professional Engineers
Experiences
Mr. Donnan has some 24 years experience in consulting, planning, design, construction
review, bridge inspection, operations and environmental reviews for a wide range of civil works.
Prior to his association with Hayter Engineering, Inc., he served as an officer in the U.S. Army
Corps of Engineers. Mr. Donnan became associated with Hayter Engineering, Inc. in 1983, and,
since 1988 has served as a Project Manager. Among his prior projects are:
MASTER PLAN
pol. City of East Tawakoni, 2000
00. City of DeKalb, 2002
00. Golden Water Supply Corporation, 1998
01. City of Trenton, 2007
DRAINAGE PLANNING AND DESIGN
lt. Master Drainage Plan, City of Edgewood, Texas
00. Master Drainage Plan, City of Point, Texas
00~ Durham Homes Drainage Improvements, City of Commerce, Texas
WATER FACILITIES
00. 1998-99 LCWSD Water Improvements - Pumping Facilities
00. Water Treatment and Pumping Facilities, City of Emory, Texas
00. Deep Water Well, Lake Fork Water Supply Corporation, Texas
0.- Deep Water Well, City of Alba, Texas
i nb4-/
► Water Transmission Main, City of Alba, Texas
► Booster Pumping Facility and 1 Million Ground Storage Tank, Lamar
County Water Supply District, Texas
► 36" Raw Water Transmission Main, City of Paris, Texas
► Water Treatment Plant Improvements, City of Bonham, Texas
► 150,000 Gallon Elevated Tank, City of Blossom, Texas
► 150,000 Gallon Elevated Tank, City of Emory, Texas
► 75,000 Gallon Elevated Tank and Transmission Main, City of Arp, Texas
► Raw Water Pump Station, City of Edgewood, Texas
► Raw Water Transmission main, City of Edgewood, Texas
► Water Distribution System Improvements, City of Deport, Texas
► Water Distribution System Improvements, City of Farmersville, Texas
► Water Distribution System Improvements, City of Emory, Texas
pol Water Distribution System Improvements, City of Reno, Texas
► Deep Water Well, Hickory Creek S.U.D
► Transmission Main Improvements, Hickory Creek S.U.D.
► 75,000 Gallon Elevated Tank, Hickory Creek S.U.D.
► Master Plan, Golden Water Supply Corporation
► Deep Water Well, Golden WSC, Texas
► Pump Station Improvements, Lamar County Water Supply District
► Water Treatment and Pumping Facilities, City of Point, Texas
► Water Distribution System Improvements, City of DeKalb, Texas
00. Water Distribution System Improvements, City of East Tawakoni, Texas
► Water Distribution System Improvements, City of Commerce, Texas
00. Water Distribution System Improvements, City of Bonham, Texas
► Water Distribution System Improvements, Golden WSC, Texas
00. Water Distribution System Improvements, Winnsboro, Texas
00. Water Distribution System Improvements, Trenton, Texas
► Pumping Facilities Improvements, Bright Star-Salem SUD, Texas
► Pumping & Storage Facilities Improvements, Golden WSC, Texas
► WTP Clearwell Replacement, City of Point, Texas
STREET AND ROAD PAVING
► Paving and Drainage Improvements, City of Avery, Texas
► Paving and Drainage Improvements, City of Deport, Texas
► Paving and Drainage Improvements, City of DeKalb, Texas
► Paving and Drainage Improvements, City of Roxton, Texas
► Paving and Drainage Improvements, City of Cooper, Texas
► Paving and Drainage Improvements, Meadow Addition, City of DeKalb,
Texas
► Paving and Drainage Improvements, City of Commerce, Texas
► Paving and Drainage Improvements, City of Trenton, Texas
1~0 (15~
TRANSPORTATION ENHANCEMENT PROJECTS
► Heritage Square Sidewalk Replacement, City of Cooper, Texas
► Downtown Sidewalk Beautification, City of Paris, Texas
WASTEWATER FACILITIES
► Wastewater Treatment Facility Expansion, City of Emory, Texas
► Wastewater Treatment Facilities Improvement, City of Point, Texas
► South Wastewater Interceptor Replacement, City of Bonham, Texas
► Wastewater, Collection System Improvements, City of Trenton, Texas
► Wastewater Collection System Improvements, City of DeKalb, Texas
► Southwest Interceptor and Lift Station, City of Cooper, Texas
► Wastewater. Collection Replacement Lines S.E. Lift Station, City of Paris,
Texas
► Stormwater Holding Pond, City of Commerce, Texas
► Stormwater Holding Pond and Return Pumping Facilities, City of Trenton,
Texas -
► Wastewater Collection System Improvements, City of Commerce, Texas
► Wastewater Collection System Improvements, City of Deport, Texas
► Wastewater Collection System Improvements, City of Blossom, Texas
► Wastewater Collection System Improvements, City of Emory, Texas
► Wastewater Collection System Improvements, City of Cooper, Texas
► Wastewater. - Collection System Improvements and Lift Station, City of
Edgewood, Texas
► Wastewater Lift Stations, City of Emory, Texas
► Manhole Rehabilitation, City of DeKalb, Texas
► Wastewater.Treatment Facilities, City of East Tawakoni, Texas
► Force Main Replacement, City of East Tawakoni, Texas
► Lift Station, Force Main, and Gravity Sewer, Trenton ISD, Texas
~-o (1(,)
PUBLIC CLIENTS - PAST AND PRESENT
CLIENT
YEAR `
PROJECT
City of Alba
1982-2007
Water Supply, Distribution; Wastewater System UI
Assistance; Comprehensive Planning; Water Well and
Transmission Main, Wastewater System Improvements;
Young vs. Martinez Paving and Drainage Improvements
Anna/Van
1979
Water Supply/Transmission; Administration
Alstyne MUD
City of Annona
1963; 1988-2002;
Water Planning; Wastewater Smoke Testing; Comprehensive
2004; 2006
Planning, Wastewater System Improvements; STEP water
improvements
City of Arp
1982-2004
Zoning, Water & Wastewater Planning, SSES Study; Ground
Storage Tank; Wastewater Treatment Plant; Wastewater
Collection System Extensions; Elevated Tank and
Transmission Main
City of Avery
1963; 1984-2004
Water Treatment/Distribution System; Water Line Extensions;
Paving; Comprehensive Planning; Water and Wastewater
System Improvements; WWTP Improvements
City of Beckville
1961-1963
Water Distribution, Wastewater Treatment/Collection;
Administration
City of Bells
1978-1982
Park, Water Supply/Distribution; Administration
City of Blossom
1989-2004
Water Distribution, Wastewater Main Extensions; Wastewater
System Improvements, Comprehensive Planning
City of Bogata
1975-1989
Wastewater Treatment/Collection; UI Survey, CDBG (2);
Elevated Storage
Bois D'Arc
1980-1983
Water Supply/Distribution; Administration
Water District
City of Bonham
1989-2002; 2005-
Multi-Purpose Park; Water Treatment Plant Improvements;
2007
Water Study and Report; Wastewater Pernut Assistance;
Tracer Study; Wastewater System Expansion; Wastewater
Interceptor Replacement; Wastewater Treatment Facilities
Expansion; Water System Improvements; Elevated Tank;
Pumping Facilities
Bowie County
1957
Roads/Drainage
Bright Star-
1992-2006
Master Water Plan; STEP water improvements; Wells
Salem WSC
City of Campbell
2001
Wastewater System Improvements
~~6-7)
CLIENT
YEAR
PROJECT
City of Celeste
1990-1993
Comprehensive Planning; Water and Wastewater
Improvements; Enforcement Order
Charleston WSC
1994-2002
Master Water Plan; Water Distribution and Storage
Chisum ISD
1988-2002
Water Transmission Mains; Wastewater Lift Station
City of
1994-1996
Street Improvements; Water Distribution and Street
Clarksville
Improvements
City of
1982-2003; 2004;
CDBG - Housing Rehabilitation; Housing Replacement;
Commerce
2005; 2006-2007
Street Paving; Landfill Closure; Comprehensive Planning;
Wastewater Main Extensions and Plant Expansion; Water
Treatment Plant Improvements; Airport Improvements,
Infrastructure Development - Subdivision, Administration,
Water and Sewer Mains; Lift Station; WWTP Generator
City of Cooper
1969-1998, 1999,
Water Supply/Transmission, Treatment Plant, Parks;
2001, 2004, 2005
Wastewater Treatment/Collection; Administration
Environmental Assessment; UI Survey; Reservoir Planning;
CDBG (4); Comprehensive Planning; Smoke Testing; Street
Paving; Wastewater Interceptor and Lift Station; Dam
Improvements at Big Creek; Wastewater System
Improvements, Paving and Drainage Improvements, Ice
Storm Disaster Relief
Cunningham
1979
Water System Renovation
WSC
City of DeKalb
1978-2007
Streets; Water Distribution; Housing; Administration; CDBG
(4); Wastewater Collection System; Comprehensive Planning;
Wastewater Interceptor Main Improvements; Paving and
Drainage Improvements, Wastewater System Improvements,
Tornado Disaster Relief, Ice Storm Disaster Relief; Young
vs. Martinez Paving, Flood and Drainage Improvements;
Elevated Tank; Chlorination Facilities
Delta County
1969-2007
Water Planning and Storage, Water System Improvements,
Ice Storm Disaster Relief; Water Line Relocation
City of Deport
1985-2003, 2004;
Comprehensive Planning; Street Paving; Water Distribution;
2006
Wastewater Collection; Wastewater Main Improvements,
Water System Improvements; Young vs. Martinez Paving,
Flood and Drainage Improvements; STEP Water
Improvements
City of Detroit
1974-2007
Wastewater Collection/Treatment; Administration; UI Survey;
Environmental Assessment; Parks; Wastewater Main and Lift
Station Improvements; Comprehensive Planning; Wastewater
System Expansion and Lift Station, Wastewater Treatment
9n (lg
CLIENT
YEAR
PROJECT
Plant Improvements; Young vs. Martinez Wastewater Lines
and Paving Improvements; Wastewater Lines; Water Lines
Dial WSC
1968
Administration
City of Dodd
City
1992
Water Supply and Distribution
City of East
1999-2002
Comprehensive Planning; Wastewater Treatment Plant
Tawakoni
Housing Rehabilitation; Voluntary Replacement; Code
Enforcement; Demolition and Clearance; and Incidental
Activities; Including Street Paving and Administration;
19872 1987
Street Paving and Drainage; Water and Wastewater
City of
1992-1993
1996
System Improvements; Comprehensive Planning; Urgent
Edgewood
,
,
2001-2007
Need Raw Water Pump Station; STEP Water
Improvements; Young vs. Martinez Paving, Flood, and
Drainage Improvements; Water Treatment Plant
Improvements; Elevated Tank; Ground Storage Tank;
STEP Wastewater Improvements
City of Emory
1987-2002, 2005
Wastewater Improvements; Water Study; Water Treatment
Plant; Elevated Storage; Water Mains; 2 Booster Pump
Stations; Water Distribution System Improvements;
Wastewater Collection and Interceptor Main Improvements,
Water System Improvements
Fannin County
1968
Water Planning
City of
1987-2007
Water Distribution; Wastewater Collection; Streets (Land
Farmersville
Development); Water Distribution Mains and Comprehensive
Planning (City); Water Facilities Improvements; Wastewater
Collection; Storxn Wastewater Ixnprovements; Map updates;
Water Lines;
410 WSC
1971; 2007
Water Supply/Distribution; Administration
Franklin County
1978-2002
Water Supply Analysis; Recreational Improvements;
Water District
Wastewater Master Plan
Fruitvale WSC 2001 Water system improvements
City of Gilmer 1959-1962 Streets; Water Distribution; Wastewater Collection
Gafford Chapel 1993-2002 Water Distribution System Improvements
WSC
City of Hallsville 1967-1969 Water Supply/Distribution
Harris County 1992 Material Inspection
0[b b ~
)
CI,IENT
yEAR
PROJECT' .
Hickory Creek
1995-1996
Water Well; Elevated Storage Tank and Transmission Main
WSC
Holly Ranch
1993
Master Water Plan
WSC
City of Honey
1963-1984; 1992-
Streets; Wastewater Collection/Treatment; Administration;
Grove
1993
Elevated Storage Tank
City of Hooks
2000-2002
Zoning and Land Use Plans
City of
1996-1997
Drainage Study, Subdivision
Greenville
Hopkins County
1984-1988
County Bridge Improvements and Industrial Building
City of Howe
1988-1993
Wastewater Smoke Testing; Wastewater System Planning;
Wastewater Improvements
City of Josephine
2000
Water and wastewater system improvements
City of Ladonia
1991-2002
Wastewater Collection System Improvements
Lamar County
1978-2003
Roads; Administration; Comprehensive Planning; Courthouse
Renovations; Water Main Improvements; STEP Water
Ixnprovements (materials only)
Lamar County
1967-2007
Water Supply; Administration; Office Building; Water
WSD
Pipelines; Elevated Tanks and Standpipes; Pump Stations
Lannius WSC
1972
Wastewater Planning
City of Leonard
1962-1989
Water Supply/Distribution; Wastewater Collection/Treatment;
Storm Drainage; Administration; Streets; UI Survey; Landfill
City of Lone Oak
1980-1991
Water Distribution; Wastewater Collection/Treatment;
Comprehensive Planning
City of Malakoff
1974-1982; 1997-
Water Supply/Distribution; Wastewater Collection/Treatment;
2002
Administration; Environmental Assessment; Wastewater
System Improvements, Water and Wastewater System
Improvements, Water Treatment Plant Improvements
McCraw Chapel
1972; 2002
Water Supply/Distribution; Administration
WSC
City of Melissa
1978-1991
Wastewater and Water Planning; Wastewater Collection
System; Master Lift Station and Force Main
City of Mt.
1962-1964
Water Distribution; Wastewater Collection/Treatment;
(::~b CaO)
CLIENT
YEAR
PROJECT
Pleasant
Streets; Airport Administration
City of Nash
1960-1964
Water Supply/Distribution; Wastewater Collection/Treatment;
Administration
Nevada WSC
1991-2002
Water Planning
City of
1995-1998
Comprehensive Planning, Water System Improvements
Neylandville
City of Paris
1965-2007
Water Distribution; Streets/Drainage; Administration; Airport
Renovation; Wastewater Collection/Treatment; UI Survey;
Environmental Assessment; Industrial Location; Bridges;
Manhole Rehabilitation; Wastewater Treatment Planning;
Water Treatment Plant Improvements; 4 MG Ground Storage
Tank; Booster Pump Station; Master Drainage Plan; 36" Raw
Water Transmission Main (8.5 Miles); Wastewater Treatment
Plant Rehabilitation
Paris Public
1992-1993
Site Planning
Housing
_
Authority
City of Pecan
1981-2004
Municipal Reservoir; CDBG; Street Paving; Comprehensive
Gap
Planning
Petty WSC
1968-2002
Wastewater Collection/Treatment; Administration; Water
Planning; Wastewater Permitting
City of Point
1992-2007
Comprehensive Planning, Tracer Study; Wastewater
Treatment Facilities Improvements, Water System
Improvements; WTP; Clearwell
City of Pottsboro
1973-1982
Wastewater Collection/Treatment; Water Supply;
Administration; Environmental Assessment
City of Queen
1969-1982
Water Supply/Distribution; Wastewater Collection/Treatment;
City
Administration; Environmental Assessment; Water System
Acquisition
City of Quinlan
1998-2002
Wastewater System Improvements, Comprehensive Planning;
Wastewater Permitting
City of Quitman
1966-2002
Water Supply, Transmission, Distribution; Wastewater
Collection/Treatment; Streets; Drainage; Solid Waste
Disposal; Administration; UI Survey; Environmental
Assessment
Rains County 1998-2002, 2004 STEP Water System Improvements; Subdivision Urdinance
Development; Water Lines
Red River 2002-2007 STEP Water System Improvements
Ca>>
CLIENT
YEAR
PROJECT
County
Randolph WSC
1971
Wastewater Collection/Treatment; Administration
City of Reno
1974-2007
Water Supply/Distribution; Wastewater Collection/Treatment;
Administration; Environmental Assessment; Water System
Acquisition; Paving and Drainage; Comprehensive Planning;
Elevated Tank; Chlorination Facilities
City of Roxton
1969; 1988-2002
Water/Wastewater Planning; Street Paving, Comprehensive
Planning
City of Savoy
1966-1994
Wastewater Collection/Treatment; Industrial Location/Water
Supply; Comprehensive Planning
Sharon WSC
1997
Elevated Storage Tank
Smith County
1999
STEP Water Improvements
Stan WSC
1983-1988
Water Supply and Distribution Improvements
South Franklin
1986-1990
Water Well Improvements; Design and Administration of
WSC
New Water Treatment Plant; Distribution Lines, Pump
Station, Storage Tanks
City of Sulphur
1970, 1984
Airport Renovation; Solid Waste Disposal
Springs
Spring Hill
1972
Administration Water System Acquisition; Water/Wastewater
Utility
Planning
City of Talco
1973-1976, 1988
Wastewater Treatment/Water Planning; Administration
City of Tatum
1964
Water/Wastewater Planning
City of Tenell
1961-1963
Airport Renovation; Wastewater Treatment
TxDOT
1978-2002
BRINSAP Bridge Inspection Program; Surveying
City of Tioga
1985-2006
Relocation of Existing Wastewater Treatment Plant; Design
and Administration; Smoke Testing of Wastewater Lines;
Assistance with EPA Administrative Order; Wastewater
System Improvements; Water Distribution Lines; Booster
Pump Station; Elevated Tank, Comprehensive Planning,
Water System Improvements
City of Toco
1971
Water Distribution; Wastewater Collection; Streets/Drainage
City of Trenton
1968-2002
Water Supply/Distribution; Wastewater Treatment; Industrial
Location; Administration; UI Survey; Environmental
Assessment; Wastewater Collection System
~a C~a
~
CLIENT
YEAR
PROJECT
City of Trinidad
1982-2006
CDBG - Housing Rehabilitation; Code Enforcement; Water
Distribution Improvements; Drainage Improvements; Streets;
Water and Wastewater Main Improvements; Comprehensive
Planning, Paving and Drainage Improvements, Wastewater
System Improvements, Water Treatment Plant Improvements
Tri-Water Supply
1981-1984
Master Plan for Rural Water System
Corp.
West Delta WSC
1987-1991
Water Distribution; Planning
City of W.
1986-1994
Water Distribution; Planning; Wastewater Improvements
Tawakoni
City of
1997-1998
Grant Administration
Whitehouse
City of
1977-1980
Municipal Center
Whitewright
City of Windom
1968 ,
Wastewater Collection/Treatment; Administration
City of Winfield
1972-2002
Water Supply/Distribution; Wastewater Collection/Treatment;
Administration; Environmental Assessment; Water System
Acquisition; Wastewater Permitting
City of
1977-1984
Water Supply, Treatment/Distribution; Wastewater
Winnsboro
2003-2004.
Collection/Treatment; Administration; Environmental
Assessment; Parks; Wastewater treatment facilities expansion
and improvements
City of Wolfe
1977-2007
Wastewater Collection/Treatment; Water Distribution;
City
Streets; Administration; UI Survey, CDBG (2); Elevated
Tank; Water Treatment Plant Improvements; Water
Distribution System Improvements; Reservoir Repairs
Wood County
2000 .
STEP Water Improvements
9'C) Co-~3
V oluntary
Disclosure of Interest Statement
By
The Principals of
Hayter Engineering, Inc.
The following information is voluntarily given to City of Paris, to assist in evaluating Hayter
Engineering, Inc.'s self-interest in the City's proposed project which might conflict with the
City's best interest and thus affect the firm's ability to represent the City's interests only in all
matters relating to its projects and planning of said City.
Common Stockholdings:
No holdings in any corporation in excess of $10,000 which directly supplies finished
products to the water, sewer, street or solid wastes industry.
Construction Companies and Firms:
No financial, business or management interest.
No blood relations connected with same through first cousins.
Equipment and Materials Suppliers:
No financial, business or management interest.
No blood relations connected with same through first cousins.
City of Paris:
No relations by blood or marriage. No joint financial investments, or outside business
interests. No gratuities.
Insurance:
Hayter Engineering, Inc. carries the following insurance:
Comprehensive General Liability - $4,000,000 Aggregate
Professional Liability - $2,000,000 Aggregate
Auto Liability -$1,000,000 Combined Single Limit
Workman's Compensation
HAYTER ENGINEERING, INC.
~
By:
R. Reeves Hayter, P.E.
President
October, 2008
90 ~4)
I
Ll
ACORD
CERTIFICATE OF LIABILITY INSURANCE
DATE(MMlDD/YYYY)
B/14/2008
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
McLaughlin erunaon Inauranca Agency, LLP
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
6600 L8,7 sreeway, suite 220
ALTER THE COVERAGE AFFORDED BY THE POLIEIES BELOW.
Dallas TX 75240
(214) 503-1212
INSURERS AFFORDING COVERAGE
NAIC #
INSURED •
INSURERA: XL S acialt Inaurance Com an
37885
Hayter Bngineering, Inc.
iNSURERB:
INSURERC:
4445 S. E. Loop 286
INSURERD:
Paris TX 75460
INSURER E:
'
'
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, COVERAGES
'
'
'
'
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
MAY PERTAIN
,
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
DD'
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
LTR
pOLICY NUMBER
GENERAL LIABWTY
EACH OCCURRENCE
$
MMERCIAL GENERAL LIABILITY
PREMISES Ea occurence
a
CLAIMS MADE ~ OCCUR
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PERSONAL & ADV INJURY
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:
GENERALAGGREGATE
$
GREGA TE LIMIT APPLIES PER:
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PRODUCTS • COP/OP AGG
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AUT
OMOBILE LIABIUTY
COMBINED SINGLE LIMIT
$
ANY AUTO
(Ea accident)
ALL OWNED AUTOS
BODILY INJURY
'
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SCHEDULEDAUTOS
(Per person)
-
HIRED AUTOS
BODILY INJURY
$
NON-OVUNEO AUTOS
(Per accident)
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a
(Per accident)
GARAGE UABIUTY
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
OTHER THAN EA ACC
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AUTO ONLY: AGG
$
EXCESSIUMBRELLA LIABILITY
EACH OCCURRENCE
$
OCCUR FICLAIMS MADE
AGGREGATE
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DEDUC718LE
$
RETENTION S
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VbC STATU- OTH-
WORKERS COMPENSATION AND
TORYLIMITs
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED9
E.L. DISEASE - EA EMPLOYE
E
If yes, describe under
SPECIAL PROVISIONS Delow
E.L. DISEASE - POLICY LIMIT
S
A
OrHER profesaional Liab.
DPR9613628
8/10/2008
8/10/2009
$2,000,000 Per Claim/
Annual Aggregate
DESCRIPTION OF OPERATIONS / LOCAT10N51 VEHICLE5/ EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS
The claime made profeseional liability coverage ia the total aggregate limit for all claima
'
preaented within the annual policy period and ia aubject to a deductible.
'
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CERTIFICATE HOLDER CANCELLATION
~ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUINC INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
Master Certificate
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
, REPRESENTATiVES.
AUTHORIZEDREPRESENTATIVE
, ACORD 25 (2001/08) ~ ~s OO ACORD CORPORATION 1988
Page 1 of 2
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Engineering Ser-vices Throughout NoYtheast Texas For Over 40 Years
Cor~~
VV1 \VVV1 Aa v 1 V 1 ~~"~~v a v ~ ■ ■v
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1 Public recreational areas, vital to quality community development, include city parks, bike paths, walking tracks, and ball
fields. Many of these types of development can be accomplished in floodplains or unused right-of-way - areas which are
~ unsuitable for other types of development. Hayter Engineering is experienced in designing and constructing all types of
recreational amenities.
Whether your building is for industrial, municipal, or commercial use, the key to its success is caretul site seiection ana
a design that couples aesthetics with efficient use of space and energy. Energy efficiency is a prime consideration today,
~ and one that must be balanced against proper utilization of space, flexibility of design, and harmony with the environment.
Hayter Engineering has experience in site planning and design for a variety of uses.
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Airports are an increasingly important element of our mobile way of life. Many communities find it desirable to provide
~ municipal airports or to upgrade, existing ones. Hayter Engineering is available to assist with these aviation needs.
HAYTER
ENGINEERING, INC.
CONSULTANTS PLANNERS ENGINEERS
4445 S. E. Loop 286 (903) 785-0303
Paris, Texas 75460 Fax (903) 785-0308
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