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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 s"Ci o0 ~ td d m r ~ M ~ ~N < n D 0 ~ X m M d 6" CI 1611 PVC ~ 'C < n 2" CI 13th N.E. ~ ~ < 10" CI n 16th N.E. 211 ci 2" PVC 6.. N 11 th N.E. ~ -TI m ~ D o -9 ~ D X 6" C I 12th N.E. N 2„ Cl 6"PVC 613th N.E. ~ lvt; ~ rmm< 6" CI ~ ~ Z O n m - < D z N D O z ~ n ~ N O 0 Q ~i 10Ci 10 Ci 14th N.E. 14th N. E. s" Ci ~ N n n co D 2" CI n O o D m 16th N.E. ~ x o__ 6" PVC 611 Cl s1, PvC s„ PvC s" PvC 17 th N. E. 17th N.E. PROPOSED WATER LINES - AND VALVES Clul,`YC Cam,' P'Ii' FOR THE STEP GRANT - - -„r 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. 1 0 000086 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. 2 . 000081 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 . 000082 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. 4 0 00008:3 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, 5 4 000 08 i 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 ~ 000085 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 u U01100 / 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 .000083 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 10 ~ UUUOO:J 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. 11 00009u 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: ' ' ~ , 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 MED EXP (Any one peroon) E PERSONAL & ADV INJURY b r : GENERALAGGREGATE $ GREGA TE LIMIT APPLIES PER: GE11 L PRODUCTS • COP/OP AGG S ICY PRO LOC AUT OMOBILE LIABIUTY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY ' S SCHEDULEDAUTOS (Per person) - HIRED AUTOS BODILY INJURY $ NON-OVUNEO AUTOS (Per accident) ' PROPERTY DAMAGE a (Per accident) GARAGE UABIUTY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR FICLAIMS MADE AGGREGATE S - E DEDUC718LE $ RETENTION S b 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. ' I ' ~ ' ~ ' 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 ~ ~ ~ ~ ~ r r ~ ~ t ~ ~ ~ ~ ~ t ~ ~ ~ , Engineering Ser-vices Throughout NoYtheast Texas For Over 40 Years Cor~~ VV1 \VVV1 Aa v 1 V 1 ~~"~~v a v ~ ■ ■v r-a 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. s ~ a~ ~ 'v ~ t * p:.. ~ ~ ` , ~ S •S ~ r' . f~' ' f . ~ e. . ~ 4°5T £ ~ Fr , ....w.-- . t. ~ - . . ~d Cag k 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 i ING i C 'ag ~