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17-Professional services between the City of Paris and Muncipal development serv.CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: 07/10/09 Originating Department: Engineering, Planning & Presented By: Shawn Napier, P.E. Agenda Item No.: Council Date: 07/ 13/09 Development 17. RECOMMENDED MOTION: Move to approve a resolution approving an agreement for professional services between the City of Paris and Municipal Development Services for management and administration assistance related to the Texas Capital Fund Main Street Sidewalk Grant; authorizing the City Manager to negotiate and execute all necessary documents. POLICY ISSUE(S): Professional Services BACKGROUND: The City of Paris has received a contract award from the Texas Department of Agriculture under the Main Street Program for Sidewalk and lighting improvements. The City advertised in the April 16th Paris News for interested parties to submit proposals to provide Management Services and Engineering services for the project. We received only one proposal for each of the services. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report 0 Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance ❑ P bli H i ❑ O h y'TD Actual $ u c ear ng er t Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: E Administration N City Clerk N Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Libraty ❑ Police Z Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 DRAFT attorney\reswork\current\TCF - TDA - Main Street Prog - Municipal Dev Serv Agrmt Res 2009 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL MANAGEMEIVT SERVICES AGREEMENT WITH MUNICIPAL DEVELOPMENT SERVICES TO IMPLEMENT A CONTRACT ADMINISTRATION SYSTEM UNDER THE GENERAL DIRECTION OF THE TEXAS CAPITAL FUND GRAIVT FROM THE TEXAS DEPARTMENT OF AGRICULTURE UNDER THE MAIN STREET PROGRAM FOR SIDEWALK IMPROVEMENTS; 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 Capital Funds (TCF) grant from the Texas Department of Agriculture (TDA) under the Main Street Program and is a recipient of grant funds for sidewalk improvements in the City of Paris; and, WHEREAS, the City of Paris is in need of management services under the aforesaid TCF - TDA Main Street Program; and, WHEREAS, the City of Paris has received a proposal for such services from Municipal Development Services 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 services agreement with Municipal Development Services. 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 the proposal of Municipal Development Services to implement a contract administration system under the general direction of the TDA and for certain services in connection with the Main Street Program for sidewalk improvements for the City of Paris as set forth in Exhibit A attached hereto, be and the same is hereby accepted; and, Section 3. That the City Manager be, and he is hereby authorized and directed to execute on behalf of the City of Paris a Professional Management Services Agreement with Municipal Development Services substantially in accordance with the form attached hereto as Exhibit A, and any and all other necessary documents to effectuate this Agreement. Section 4. That this resolution shall be effective from and after its date of passage. 000210 PASSED AND APPROVED this 13th day of July, 2009. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney A - t10G211 PART II SCOPE OF SERVICES Municipal Development Services shall provide the following scope of services as needed: A. Project Management 1. Develop a recordkeeping system consistent with program guidelines, including the establishment of a filing system 2. Maintenance of filing system 3. Provide general advice and technical assistance to City personnel on implementation of project and regulatory matters 4. Assist in the procurement of professional consulting engineering services through the request for proposal process, if applicable, and as required by the TCDP regulations 5. Furnish City with necessary forms and procedures required for implementation of project 6. Assist the City in meeting all special condition requirements that may be stipulated in the contract between the City and ORCA 7. Prepare and submit to Office documentation necessary for amending the TCDP contract 8. Conduct re-assessment of environmental clearance for any program amendments 9. Prepare and submit quarterly reports (progress and minority hiring) 10. Prepare Recipient Disclosure Report form for Locality signature and submittal 11. Establish procedures to document expenditures associated with local administration of the project n 1i0C212 12. Provide guidance and assistance to City regarding acquisition of property: • Submit required reports concerning acquisition activities to Office • Establish a separate acquisition file for each parcel of real property acquired • Determine necessary method(s) for acquiring real property • Prepare correspondence to the property owners for the City's signature to acquire the property or to secure an easement • Assist the City in negotiation with property owner(s) 13. Maintain TCDP Property Management register for any property/equipment purchased or leased 14. Serve as liaison for the City during any monitoring visit by staff representatives from either ORCA or HUD B. Financial Management 1. Assist the City in proving its ability to manage the grant funds to the state's audit division. 2. Assist the City in establishing and maintaining a bank account (Direct Deposit account) and/or separate local bank account, journals and ledgers. 3. Assist the City in submitting the required Accounting System Certification letter, Direct Deposit Authorization Form (if applicable), and/or Depository/Authorized Signatory form to Office. 4. Prepare all fund drawdowns on behalf of the City in order to ensure orderly, timely payments to all contracting parties within the allotted time period. 5. Review invoices received for payment and file back-up documentation 6. Provide general advice and technical assistance to City personnel on implementation of project and regulatory matters 7. Assist the City in establishing procedures to handle the use of any TCDP program income. C. Environmental Review 1. Prepare environmental assessment. 2. Coordinate environmental clearance procedures with other federal or state agencies and interested parties responsible for implementing applicable laws. . UUG213 3. Document consideration of any public comments. 4. Prepare any required re-assessment of environmental assessment. 5. Ensure compliance with EO 11988 for projects in the flood plains. 6. Prepare Request for Release of Funds and certifications to be sent to the Office. D. Acquisition 1. Prepare required acquisition reports(s). 2. Obtain documentation of ownership for City-owned property and/or ROWs. 3. Maintain a separate file for each parcel of real property acquired. 4. Determine necessary method(s) for acquiring real property. 5. Prepare correspondence with property owners. 6. Assist City in negotiations with property owner(s). 7. Prepare required acquisition reports and submit to the Office. E. Construction Mana e~ 1. Establish procedures to document expenditures associated with local construction of the project (if force account is applicable). • Assist City in determining whether and/or what TCDP contract activities will be carried out in whole or in part via force account labor. • Assist City in determining whether or not it will be necessary to hire temporary employees to specifically carry out TCDP contract activities. • Assist City in maintaining adequate documentation of personnel, equipment and materials expended/used and their costs. 2. Assist City in documenting compliance with all federal and state requirements related to equal employment opportunity. . 000214 3. Assist City in documenting compliance with all federal and state requirements related to minimum wage and overtime pay requirements. 4. Provide assistance to or act as local labor standards officer. Notify the Office in writing of name, address, and phone number of appointed labor standards compliance officer. 5. Request wage rates from the Office. 6. Provide sample TCDP contract documents to engineer. 7. Advertise for bids. 8. Make ten-day call to the Office. 9. Verify construction contractor eligibility with the Office. 10. Review construction contract. 11. Conduct pre-construction conference and prepare minutes. 12. Submit any reports of additional classification and rates to the Office. 13. Issue Notice of Start of Construction to the Office. 14. Review weekly payrolls, including compliance follow-ups. Conduct employee interviews. 15. Process change orders approved by City and the project engineer and submit to the Office prior to execution with the construction contractor. 16. Obtain Certificate of Construction Completion/Final Wage Compliance Report and submit to the Office. 17. Provide general advice and technical assistance to City personnel on implementation of project and regulatory matters. F. Fair Housing / Equal Opportunity 1. Assist the City in developing, implementing and documenting new activities to affirmatively further fair housing activities during the contract period. 2. Maintain documentation of all project beneficiaries by ethnicity and gender. . 000215 3. Prepare Section 3 and Affirmative Action Plan. 4. Prepare all Section 504 requirements. 5. Provide all applicable equal opportunity provisions and certifications for inclusion in bid packet G. Relocation 1. Prepare and submit local relocation guidelines to Office for approval. 2. Assist City in identifying individuals to be relocated and prepare appropriate notices. 3. Interview relocatees and identify assistance needs. 4. Maintain a relocation record for each individual/family. 5. Provide education/assistance to relocatees. 6. Inventory local available housing resources and maintain a referral list. 7. Issue appropriate notices to relocatees. 8. Ensure that all payments are made in a timely manner. H. Rehabilitation of Private Property 1. Prepare and submit local rehabilitation guidelines to the Office for approval. 2. Assist City in establishing escrow account and obtaining Office approval. 3. Develop outreach and necessary application processing/verification forms. 4. Screen applicants. 5. Prepare work write-ups and cost estimates. 6. Issue Notice to Proceed to construction contractor(s). w00U21C} 7. Conduct interim/final inspections, process final contract documents, and maintain a record of beneficiaries. 8. Maintain client files following Office requirements. 1. Audit / Close-out Procedures 1. Prepare the final Project Completion Report, including Minority Business Report, Recipient Disclosure/LTpdate Report, documentation of fair housing activities and Certificate of Completion. 2. Assist City in resolving any monitoring and audit findings. 3. Assist City in resolving any third party claims. 4. Provide auditor with TCDP audit guidelines. . 000217 PART III COST OF SERVICES The City of Pari shall compensate Municipal Development Services for their professional services as follows: Services Rendered Fee Set Up Record Keeping $ l,000.00 Environmental Review 1,000.00 Special Conditions Fulfilled 5,000.00 Quarterly Reports 2,000.00 Contractor Selection Procedure 2,000.00 Construction Compliance/Davis Bacon 2,500.00 Close-Out Documents 1,500.00 TOTAL $15,000.00 These fees shall be billed on a percentage of completion basis and shall be payable upon the receipt of an invoice from MDS. Any additional services desired by the City and not associated with the general services outlined in Part II - Scope of Services shall be billed as mutually agreed to by both parties.