15-AUTHORIZE INTERIM CITY MGR TO EXECUTE PROFESSIONAL SERVICES CONTRACT WITH MHS PLANNING & DESIGN FOR BYWATERS PARK

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The Owner shall: A. Provide full information as to his requirements for the Project, including but not limited to park boundary and easement data and aerial photograph. B. Assist the Consultant by placing at his disposal all reasonably available information pertinent to the Project including all previous reports and any other data relative to planning of the Project. C. Make all provisions for the Consultant to enter upon public and private lands as required for the Consultant to perform his work under this Agreement. D. Examine all studies, reports, sketches, estimates, drawings, specifications, proposals, and other documents presented by the Consultant and shall render in writing decisions pertaining thereto within reasonable time so as not to delay the work of the Consultant. E. Advertise for and arrange public meetings or board meetings, and pay for all costs incident thereto. F. Provide such legal, accounting, and insurance counseling services as may be required for the Proj ect. G. Designate in writing a person to act as Owner's representative with respect to the work to be performed under this Agreement; and such person shall have complete authority to transmit instructions, receive information, interpret and define Owner's policies and decisions with respect to materials, equipment and systems pertinent to the work covered by this Agreement. H. Give prompt written notice to the Consultant whenever the Owner observes or otherwise becomes aware of any defect in the Project. 1. Furnish, or direct the Consultant to provide at the Owner's expense, necessary additional services as stipulated in Section 3 of this Agreement. SECTION 5. PAYMENT FOR CONSULTING SERVICES A. Standard Consulting Fee: 1. The Owner hereby agrees to pay to the Consultant for the performance of all services as set out in Section 2 a payment of: a fee of TWELVE THOUSAND, NINE HUNDRED AND FIFTY DOLLARS AND NO/100ths. ($12,950.00) plus reimbursable expenses including reproduction and travel. Payment shall be made upon receipt of the Consultant's monthly invoices. 2. If this Agreement is terminated during any phase of the work authorized by the Owner, the Consultant shall be paid for services performed or provided during such phase on the basis of his reasonable estimate of the portion of such phase completed prior to termination. In the event of any termination, the Consultant shall be paid all terminal expense resulting there from plus payment of any additional services then due. All previous payments to the Consultant shall be credited to any terminal payment due to the Consultant. B. Payment for Additional Services: The Owner shall pay the Consultant for properly authorized additional services enumerated in Section 3 at the Consultant's normal hourly rates in effect at the time of the authorization for personnel involved and equipment except that such compensation shall not apply to any Project maximum fee shown in this contract. C. Past Due Payments: In accordance with State Law the Owner shall automatically compute interest on payments past due and pay said interest in whole with the principal payment. Payments shall be considered due and payable upon receipt of the monthly invoice from the Consultant and past due 30 days after the due date. SECTION 6. 3 96