13-APPROVE CONTRACT BETWEEN COP AND MHS PLANNING & DESIGN FOR COMPREHENSIVE PARKS, RECREATION AND OPEN SPACE MASTER PLAN

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E. Additional services in connection with the Project not otherwise provided for in this agreement. F. Preparation of boundary survey, wetland delineation survey, lake permitting, flood studies, geotechnical investigations, plats, legal descriptions, or deeds, record search, abstracting of ownership or other related surveyor work. IV Fees C. The total fee for the work outlined in Section I will be $35,000.00 plus reimbursable expenses including travel & reproduction. The total cost of reimbursable expenses shall not exceed $1,500. Phase I of the plan will include planning, structure, data collection and public Input as outlined on the Paris Parks Master Plan Process and Cost exhibit - attached. Phase II of the plan will include the remaining steps per the Master Plan Process & Cost exhibit. V Billing A. Billing shall be monthly based on the actual work completed. Invoices will be submitted to the City of Paris and shall be due upon receipt. The timing of the planning effort has been structured so the total billing in fiscal year 2012-13 will be $10,000 and the remainder of the fee billed in fiscal year 2013-14. MHS Planning & Design, LLC reserves the right to charge the amount of interest allowable under the current laws of the State of Texas on any invoices not paid within thirty (30) days. VI General Conditions A. Termination: This Agreement may be terminated by either party by giving ten (10) days written notice in the event of substantial failure to perform in accordance with the terms hereof by one party through no fault of the other party. Additionally, it is understood by the City and the Consultant that the funding for this project is provided through a grant by the Centers For Disease Control (CDC). If for any reason, the CDC funding is not available to the City of Paris, the City shall notify the Consultant in writing and all planning efforts will stop and this contract shall be terminated. If this Agreement is so terminated the Consultant shall be paid for work completed plus reimbursable expenses. Reimbursable expenses include actual expense for subcontracted services, transportation, and subsistence of personnel when traveling in connection with the Project; reproduction of reports, drawings, specifications, and similar Project related items. B. Estimates: Since the Consultant has no control over the cost of labor and materials, or other competitive bidding and market conditions, the estimates of construction are to be made on the basis of his experience and qualifications but the Consultant does not guarantee the accuracy of such estimates as compared to the Contractor's 212 W. 9th Street Tyler, Texas 75701 903.597.6606 903.597.0517 fax mhs@mhsplanning.com