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15-AUTHORIZE INTERIM CITY MGR TO EXECUTE PROFESSIONAL SERVICES CONTRACT WITH MHS PLANNING & DESIGN FOR BYWATERS PARKCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: A,genda Item No.: 12/21/11 Public Works Ronald J. Sullivan, P.E, Public Council Date: Works Director 15. O1/09/12 RECOMMENDED MOTION: Authorize the Interim City Manager to execute a Professional Services Contract with MHS Planning & Design for development of a master plan for Bywaters Park. POLICY ISSUE(S): Parks and Facility Maintenance BACKGROUND: Recently staff was asked to prepare a master plan for Bywaters Park. Due to the fact that this park is a high profile facility and the numerous groups that should have input on the design of this facility (Main Street, the Historical Commission and Keep Paris Beautiful to mention a few) we felt that it would be wise to enlist the services of a design professional skilled with dealing with such issues. Subsequently we requested a proposal from Mark Spencer with MHS Planning & Design for development of a master plan for Bywaters Park. Mr. Spencer's firm recently developed a similar plan for Reagan Park in Palestine. His firm also designed our athletic complex. The base fee for this contract is $12,950.00. While no funds were budgeted for this project $500,000 was included in the Capital Program for Parks Improvements. Staff recommends authorizing the Interim City Manager to execute a Professional Services Contract with MHS Planning & Design for development of a master plan for Bywaters Park in the amount of $12,950.00. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution and Agreement ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ 12,950.00 ❑ Department Report Z Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'I'D Actual $ 0 ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: 2 Administrarion Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Libraty ❑ Police E Eng./Public Works ❑ Utilities L 1/20/2012 91 DRAFT RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AN AGREEMENT WITH MHS PLANNING & DESIGN FOR THE DEVELOPMENT OF A MASTER PLAN FOR BYWATERS PARK; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council has requested that staff prepare a master plan for Bywaters Park. Due to the fact that this park is a high profile facility and the numerous groups that should have input on the design of this facility (Main Street, The Historical Commission and Keep Paris Beautiful to mention a few) we felt that it would be wise to enlist the services of a design professional skilled with dealing with such issues; and, WHEREAS, We requested a proposal from Mark Spencer with MHS Planning & Design for development of a master plan for Bywaters Park; and, WHEREAS, the form of agreement for the master plan attached hereto and Exhibit "A", should in all things be approved, and the City Manager should be authorized to execute the same; 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 of this resolution are hereby in all things approved. Section 2. That the proposal of MHS Planning & Design for the master plan for Bywaters Park in the amount of $12,950.00 is hereby accepted conditioned upon said master plan meeting all of the terms and conditions included in the agreement attached hereto as Exhibit "A". Section 3. That the City Manager of the City of Paris be, and he is hereby authorized and directed to execute on behalf of the City of Paris the agreement with MHS Planning & Design for the master plan for Bywaters Park in the form shown in Exhibit "A" attached hereto. Section 4. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 23 day of January, 2012. A.J. Hashmi, M.D., Mayor 92 ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney - 1 93 STATE OF TEXAS § COUNTY OF LAMAR § This contract entered into by and between the CITY OF PARIS, Lamar County, Texas (hereinafter called "OWNER") acting herein by Arjumand Hashmi, Mayor, hereunto duly authorized, and MHS PLANNING & DESIGN, LLC of Tyler, Smith County, Texas witnesseth; SECTION 1. EMPLOYMENT OF THE CONSULTANT A. The Owner hereby employs MHS PLANNING & DESIGN, LLC hereinafter called the "CONSULTANT", and the Consultant agrees to provide Consulting Services in connection with the development of a master plan for Bywaters Park herein after called the "PROJECT". (Shown in Exhibit "A"). B. Length of Contract: The services of the Consultant shall commence upon execution by the City of this contract and the contract shall remain in effect until the completion of the work herein described. It is estimated that the project can be completed by June 1, 2012. The Consultant shall not be responsible for the failure of the Owner to budget funds, ar otherwise diligently prosecute the Owner's responsibilities set forth herein in Section 4. SECTION 2. BASIC SERVICES OF THE CONSULTANT A. General: l. The Consultant agrees to perform and/or provide services in connection with the Project as hereinafter stated. 2. The Consultant shall serve as the Owner's professional representative in all phases of the project and shall give consultation and advice to the Owner during the performance of his services. B. Bywaters Park Site Master Plan Preparation Using a new topographic survey (provided by the Consultant) and aerial photography provided to the Consultant by the Owner, the Consultant will prepare a base map showing the park acreage (f3 acres) to be used far the park. The Consultant will then walk and photograph the site to identify areas of special interest or potential. A site analysis plan will be developed showing existing facilities, trees, contours and other planning constraints and features. Additionally, the Consultant will conduct a focus group meeting with organizations selected by the Owner. Meeting locations and arrangements shall be arranged and scheduled by the Owner. Through this meeting and input from the city staff and the City Council, a list of facilities that should be included in the park will be developed by the Consultant. Once the contents of the park have been determined, the Consultant will prepare a preliminary plan for the park. The plan will graphically show all improvements including roads, landscaping, lighting and recreational facilities, and will be drawn to scale on standard 24" x 36" sheets. The preliminary plan will be accompanied by preliminary cost estimate for proposed development. The Consultant will then conduct one input meeting for the general public at a City Council Meeting. The preliminary plan will be presented at this public input meeting and comments received. Based on comments received and instructions from the City Council, the Consultant will prepare the final park plan and final budget. The final plan will be prepared on standard 24" x 36" sheets and a colored rendering and sketches of the improvements will be presented to the City Council for approval. The Consultant shall provide the 24" x 36" colored rendering and 11 " x 17" colored copies of the plan and sketches as requested by the Owner. The Consultant will also deliver to the Owner an electronic file containing the final plan, sketches and budget. Qd In addition to the plan, the Consultant shall provide a brief narrative describing the planning process and the design philosophy. In order to contain the cost of developing the plan, the consultant will make three trips to Paris in the planning process as outlined above. SECTION 3. ADDITIONAL SERVICES A. GeneraL• In addition to the basic services to be furnished by the Consultant under this contract for which the payment of the standard consulting fee shall be made, the Consultant shall furnish additional services of the following types, to be paid for by the Owner as set out in Section S,Paragraph B. All additional services must be authorized by the Owner in writing. Additional services due to significant changes in general scope of the project or its design including, but not limited to, changes in size, complexity, or character of the project when such changes are requested by the Owner and authorized in writing. 2. Revising at Owner's request studies, reports, design documents and drawings which were previously approved by the Owner except the Owner shall not be obliged to pay when: a) The changes are required by regulating authorities or to bring the design into compliance with applicable codes or ordinances, or b) The changes are required as a result of some error or omission on the part of the Consultant. 3. Investigations involving detailed consideration of operation, maintenance, and overhead expenses; and the preparation of rate schedules, earnings and expense statements, appraisals, and valuations; detailed quantity surveys of material and labor. 4. The preparation of instruction manuals ar of operation and maintenance manuals. 5. Additional services and costs necessitated by out-of-town travel required by the Consultant other than visits to the Project and consultation in the Owner's office as required by Section 2. 6. Serving as expert witness or giving counsel for the Owner in any litigation, real ar potential, or other legal proceeding involving the Project where the Consultant is not a party to the litigation. 7. Additional services in connection with the Project not otherwise provided for in this agreement. 8. Development of plans for other projects as instructed by the Owner. 9. Preparation of boundary survey, plats, legal descriptions, wetlands delineations, flood studies, or deeds, record search and abstracting of ownership. SECTION 4. THE OWNER'S RESPONSIBILITIES 2 95 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 GENERAL CONSIDERATIONS 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 of the terms hereof by one party through no fault of the other party. If this Agreement is so terminated the Consultant shall be paid for work completed plus reimbursable expenses. Reimbursable expenses include actual expense far 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. Project Documents: Upon completion of the study, the plan and written report will become the property of the owner. C. 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 final contract cost. D. Indemnification: Consultant shall release, indemnify and hold CITY and its officers, agents and employees harmless from and against all damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including reasonable attorney's fees and expenses, in any way arising out of, related to, or resulting from the services provided by Consultant but only to the extent caused by the negligent act or omission or intentional wrongful act or omission of Consultant, its officers, agents, employees, subcontractors, licensees, invitees or any other third parties for whom Engineer is legally responsible (hereinafter "Claims"). Consultant is expressly required to defend CITY against all such Claims. E. LIMITED LIABILITY: THE LIMIT OF LIABILITY OF THE CONSULTANT FOR THIS PROJECT SHALL NOT EXCEED THE TOTAL COMPENSATION OUTLINED IN SECTION 5A(1) OF THIS CONTRACT. F. Successors and Assigns: The Owner and the Consultant each binds himself and his officers, successors, executors, administrators and assigns to the other party of this Agreement in respect to all covenants of this Agreement; except as above, neither the Owner nor the Consultant shall assign, ar transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any office or agent of any public body which may be a part hereto. G. Records and Audits: The Consultant shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the contract such other records as may be deemed necessary by the City to assure proper accounting for all project funds. H. Findings Confidential: All reports, information, and data prepared or assembled by the Consultant under this contract are confidential and the Consultant agrees that they shall not be made available to any individual or arganization without the prior written approval of the Owner. 1. Interest of Members of City: No member of the governing body of the City, and no officer, employee, or agent of the City who exercises any functions or responsibilities in connection with 4 - 1 97 the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this contract; and the Consultant shall take appropriate steps to assure compliance. Interest in Other Local Public Officials: No member of the governing body of the locality and no other public official of such locality, who exercises any functions ar responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this contract; and the Consultant shall take appropriate steps to assure compliance. K. Interest of Consultant and Employees: The Consultant covenants that he presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. L. The Consultant further covenants that in the performance of this contract, no person having any such interest shall be employed. M. Personnel: The Consultant represents that he has, or will secure at his own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees of the City. The Consultant further represents that although his staff does not include full time professional engineers ar registered architects, that all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under the Texas Engineering Practice Act, State Law and local law to perform such services which may be a part hereto. IN TESTIMONY WHEREOF, the parties have affixed their hands and seals this the 23`d day of January, 2012. FOR CITY OF PARIS, OWNER: ATTEST: Gene Anderson, Interim City Manager Janice Ellis, City Clerk ATTEST: Mark H. Spencer Pat Gaddis MHS PLANNING & DESIGN, LLC 5 - - - q 'IR Bywaters Park Master Plan Preliminary Schedule Focus Groups, City Council & Staff Input . . . . . . . . . . . . . . . . . . . . . . . . . January 2012 Site Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . February 2012 Preliminary Plan/Cost Estimate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . March 2012 PublicInput Apri12012 Final Plan/Cost Estimate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .May 2012 Bywaters Park Master Plan Breakdown of Fees Prepare Topographic Survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,675.00 Prepare Base Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 425.00 Walk, Photograph Site & Attend Focus Group Meetings (1 trip) $ 1,100.00 Site Analysis Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500.00 Prepare Preliminary Plan & Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500.00 Public Input Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 750.00 Final Plan, Graphics, Report & Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,250.00 Presentation of Plan & Budget (City Council Meeting) . . . . . . . . . . . . . . . . . . 750.00 Total Fees 6 $12,950.00 - 99 MHS Planning & Design, LLC Hourly Rates Effective January 1, 2011 Mark H. Spencer - Principal Senior Planner Planner CADD Drafter Word Processing/Clerical Mileage Surveying, engineering, architectural, reproduction, aerial photography & all other expenses & contracted services ~ $ 135.00 per hour $ 85.00 per hour $ 75.00 per hour $ 70.00 per hour $ 50.00 per hour $ .50 per mile Cost plus 15% 100