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13-APPROVE CONTRACT BETWEEN COP AND MHS PLANNING & DESIGN FOR COMPREHENSIVE PARKS, RECREATION AND OPEN SPACE MASTER PLANItem No. 13 meyno�andum TO: Mayor & City Council FROM: John Godwin, City Manager SUBJECT: PARKS MASTER PLAN DATE: January 3, 2013 BACKGROUND: Last summer we discussed with representatives of Transforming North Texas (TNT) the possibility of securing funding for various activities related to encouraging physical exercise and activity. One of the uses for which funds were available was development of master park plans. We submitted a request and were approved for funding by TNT. Subsequently, we issued a request for proposals for professional services to prepare a new park plan for Paris. We received two proposals, from MHS Planning & Design of Tyler, and Dunkin Sims Stoffels of Dallas. A committee of city public works staff reviewed the proposals and recommended MHS for negotiation. Ron Sullivan negotiated an agreement for $35,000, plus reimbursable expenses in an amount not to exceed $1,500. STATUS OF ISSUE: At this point we do not have suffcient funds to complete the project in its entirety. No city money was budgeted for the plan and the funding from TNT will pay for a bit less than half the cost. As a result, we have planned a two-phase approach to spread the work out over two fiscal years. It is our goal to receive additional TNT monies in October 2013, plus subsidize the consultant's work with the new in-house planning manager as necessary. Alan Efrussy, who has assumed responsibility for the project, has met with Mark Spencer and reviewed the contract, and has received contract comments from Bill Loranger and Sally Wright. BUDGET: Costs of $36,500 are currently unbudgeted; 2012-13 TNT funding will pay almost half this cost. RECOMMENDATION: Approve attached agreement with MHS Planning & Design, LLC. PLANNING & DESIGN, LLC January 23, 2013 Mr. Ronald J. Suilivan, PE City of Paris Public Works Director 50 West Hickory Street Paris, Texas 75460 RE: Contract between City of Paris, Texas and MHS Planning & Design, LLC for a Comprehensive Parks, Recreation and Open Space Master Plan Dear Ron: MHS Planning & Design, LLC is pleased to have the opportunity to submit this proposal for the above referenced project. The purpose of the planning effort is to establish a plan for the parks, trails and open spaces that reflect the desires of the community and will increase the opportunity for residents to live a more active lifestyle. Based upon our understanding of the City's desires for the Master Plan, we have prepared the following scope of services for your consideration: I Basic Services of the Consultant: A. Service Area: The service area for the plan will be the corporate limits of Paris. Although the service area will be the Paris corporate limits, the external influences on the park system from those living in Lamar County will be reviewed. B. Time Frame: The Master Plan will cover a period of 10 years. C. Data Collection: 1. Obtain most recent maps of the service area including street maps, topography maps, and aerial photography, if available. Photograph all parks, recreation facilities and park sites in the service area. (See Section II for City's responsibility.) 2. Obtain relevant planning documents and produce an updated inventory of parks, recreation and open space facilities within the service area. During the development of the inventory of city facilities other existing "external influence" facilities on non-city owned property will be listed. 3. Obtain the most recent population projections and demographic data for the service area. (The population data will be used in the Level of Service section of 212 W. 9t" Street Tyler, Texas 75701 903.597.6606 903.597.0517 fax mhs@mhsplanning.com the plan that expresses parks and open space as acres/1,000 people.) 4. Provide to the City a resident survey for City distribution regarding recreational opportunities, parks, open spaces, and desires and compile results. (See Section II for City's responsibility.) 5. Meet with City staff to discuss future park projects, desires, programming and maintenance of parks and public places. D. Analysis of Su�plv and Demand: 1. Prepare "Needs Analysis" based on current and future supply and user demand. This analysis will include a review of each park in the existing system and will list recommended corrective actions related to use, safety, lighting and handicapped accessibility, if any. 2. Conduct an input workshop with special interest groups and sports associations' representatives to further determine recreational needs. (See Attached Schedule) 3. Conduct a workshop with the City staff, Advisory Committee, and/or City Council and the general public to identify special park issues and desires. (See Attached Schedule) 4. Map key walking and bicycle routes and identify potential sidewalk and trail projects that provide better connectivity. NOTE: The above listed workshops will be scheduled on the same day to reduce the cost of the Master Plan to the City. E. Preparation of Preliminar�r Master Plan 1. Develop sketch plans to identify future land acquisition and proposed facilities for parks, trails, open space and recreation. 2. Develop a Trail Master Plan and a Parks and Open Space Plan and prepare map exhibits showing the plan. 3. Review, inventory and evaluate the natural systems upon which the parks are built to determine growth potential or hazards. 4. Prepare preliminary cost projections for park and recreation improvements proposed for the first five (5) year planning increment and prepare financing alternatives for consideration. 212 W. 9t" Street Tyler, Texas 75701 903.597.6606 903.597.0517 fax mhs(c�mhsnlannina_com 5. Hold an interim meeting with the Advisory Committee to review progress of pianning, potential parks and recommendations and establish priorities to be included in the plan. 6. Present preliminary plan and sketches to the Advisory Committee for comment. (One meeting) 7. Submit the draft plan to Texas Parks and Wildlife for review and comment. F. Preparation of Final Master Plan 1. Incorporate review comments and prepare final written report including cost projections, proposed phasing plan for park and recreation improvements, full color exhibits, and financing alternatives G. Presentation of Final Plan 1. Make presentation of the final Parks, Recreation and Open Space Master Plan to the Advisory Committee for approval and recommendation to the City Council for adoption, or 2. Make presentation of the final Parks, Recreation and Open Space Plan to the City Council for adoption. 3. Present copies of the final bound plan to the City. Product will be in full color bound format. The Consultant will also deliver to the City the final plan in PDF format on CD. H. Cost Containment: 1. In order to contain the cost of the plan, not more than six trips to Paris will be made by the Consultant. The City and the Consultant will make all reasonable efforts to group the scheduling of work tasks and meetings in order to take full advantage of each trip. II The City's Responsibilities: The City of Paris will: A. Provide full information as to his requirements for the Project. B. Provide to the Consultant all reasonably available information pertinent to the Project including a City base map in digital form, topography, aerial photography and all previous reports and any other data relative to planning of the Project. C. Distribute and collect the citizen's survey and deliver the completed surveys to the Consultant for tabulation and analysis. 212 W. 9th Street Tyler, Texas 75701 903.597.6606 903.597.0517 fax mhs@mhsplanning.com D. 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. E. Examine all studies, reports, sketches, estimates, drawings, specifications, proposals, and other documents presented by the Consultant and shail render in writing decisions pertaining thereto within reasonable time so as not to delay the work of the Consultant. F. Advertise for, coordinate and arrange public meetings, board meetings, and focus group meetings, and pay for all costs incident thereto. G. Provide such legal, accounting, and insurance counseling services as may be required for the Project. III Additional Services A. General: In addition to the basic services to be furnished by the Consultant under this proposal for which the payment of the standard consulting fee shall be made, the Consultant shall furnish additional services of the foilowing types, if AUTHORIZED BY THE OWNER IN WRITING. 1. Additional services due to significant changes in general scope of the project including, but not limited to, changes in size, complexity, or character when such changes are requested by the Owner. 2. Revising at Owner's request studies, reports, design documents, drawings or specifications 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 plan into compliance with applicable codes, ordinances, or standards, or b. The changes are required as a result of some error or omission on the part of the Consultant. B. Furnishing of additional copies of reports and additional prints of drawings. C. 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 I. D. Serving as expert witness or giving counsel for the Owner in any litigation, real or potential, or other legal proceeding involving the Project where the Consultant is not a party to the litigation. 212 W. 9th Street Tyler, Texas 75701 903.597.6606 903.597.0517 fax mhsl�a mhsnlanninn.com 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 bid, or the final contract cost. C. Indemnification: CONSULTANT shail 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, invi ees or any ot er third parties for whom CONSULTANTCS LEGALLY I'l� C'�S RESPONSIBL�(HEREINAFTE "Claims"). CONSULTANT is expressly required to �"`"'}" defend CITY against all such Claims. � � D. Insurance: -� � CONSULTANT shall during the term �f%�-�ef maintain in full force and effect the following insurance: (1) a policy of insurance for bodily injury, death and property damage insuring against all claims, demands or actions relating to the CONSULTANT'S performance of services pursuant to this Agreement with a minimum combined single limit of not less than $500,000.00 Dollars per occurrence and $1,000,000.00 aggregate for injury to persons (including death), and for property damage; (2) policy of automobile liability insurance covering any vehicles owned and/or operated by CONSULTANT, its officers, agents, and employees, and used in the performance of this Agreement; and (3) Professional Liability insurance with a limit of not less than $1,000,000.00 Dollars covering Consultant and all of Consultant's employees, agents and sub-consultants. All insurance and certificate(s) of insurance shall contain the following provisions (1) name the City, its officers, agents and employees as additional insured's as to all applicable coverage with the exception of Professional Liability Insurance; (2) provided for at least thirty (30) days prior written notice to the City for cancellation, non-renewal, or material change of the insurance; (3) provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. All insurance companies providing the required insurance shall either be authorized to transact business in Texas and rated at least "B" by AM best or other equivalent rating service, or approved by the City Risk Manager. (d) A certificate of insurance evidencing the required insurance shall be submitted to the City Clerk prior to commencement of services. E. 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 212 W. 9`h Street Tyler, Texas 75701 903.597.6606 903.597.0517 fax mhs anmhsnlanninn.com the Owner nor the Consultant shall assign, or 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. F. 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 organization without the prior written approval of the Owner. G. Interest of Members of Citv: 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 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. H. 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 or 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. I. 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. The Consultant further covenants that in the performance of this contract, no person having any such interest shall be employed. J. 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 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. Enclosed are two original agreements. If this agreement meets with your approval, please have the contract executed in the appropriate place below and return one original to us. I appreciate the opportunity to submit this proposal to you and look forward to working with you. Sincerely, Mark H. Spenc r 212 W. 9th Street Tyler, Texas 75701 903.597.6606 903.597.0517 fax mhsCa�mhsnlannina.com MHS/pg By: Date: Attest: 212 W. 9t" Street Tyler, Texas 75701 903.597.6606 903.597.0517 fax mhsCa�mhsolannina_com APPROVED PLANNING & DESIGN, LLC PARIS PARKS MASTER PLAN PROCESS & COST PLANNING STRUCTURE (1 Trip) — Master Plan Process Overview with Advisory Committee — Introduce Park Classification System — Introduce Level of Service Concept — Establish Time Frame for Master Plan (we recommend 10 years) DATA COLLECTION (1 Trip) — Obtain Current Aerial Photography — Obtain FEMA Maps — Inventory, Walk & Photograph Existing Parks — Inventory, Walk & Photograph Natural Resources — Obtain Current Population & Projected Population PUBLIC INPUT (1 Trip) — Develop Citizens Survey — Conduct Focus Group Meetings — Conduct Input Meetings with the General Public GOALS & OBJECTIVES — Establish Goals for Parks & Open Space & Trails Plan — Establish Objectives for Parks & Open Space & Trails Plan — Establish Targeted Level of Service — Identify Active/Passive Recreational Needs 212 W. 9th Street Tyler, Texas 75701 903.597.6606 903.597.0517 fax mhsCa�mhsnlannina.com $2, 500 $2,775 $4,260 $4,630 SCHEMATIC PLAN WORKSHOP — Existing Parks - Service Area Map — Potential Park Projects Map — Potential Open Space Projects Map — Trails Network Map — Park Network Map PRIORITIES WORKSHOP (1 Trip) — Establish Priority Listing of Facilities & Projects PRELIMINARY PLAN (1 Trip) — Easy to Understand Format — Descriptive Narrative — Color Photos — Maps — Illustrations to Convey Concepts — Meet All Requirements for Texas Parks & Wildlife Approval REVIEW PERIOD — Staff Review — Advisory Committee Review — Citizen Review — Texas Parks & Wildlife Review FINAL PLAN & PLAN ADOPTION (1 Trip) TOTAL PRICE TRAVEL & REPRODUCTION EXPENSES — Mileage @ $ .50/mile — Reproduction @ cost + 15% PARIS PARKS MASTER PLAN $4, 300 $1,750 $7,325 $ 1,500 $5,960 $ 35,000 212 W. 9th Street Tyler, Texas 75701 903.597.6606 903.597.0517 fax mhsla�mhsnlannina.com PROCESS & TIMELINE PLANNING STRUCTURE (1 trip) — Master Plan Process Overview with Advisory Committee — Introduce Park Classification System — Introduce Level of Service Concept — Establish Time Frame for Master Plan (we recommend 10 years) DATA COLLECTION (1 trip) — Obtain Current Aerial Photography — Obtain FEMA Maps — Inventory, Walk & Photograph Existing Parks — Inventory, Walk & Photograph Natural Resources — Obtain Current Population & Projected Population — Develop Citizen's Survey PUBLIC INPUT (1 trip) — Distribute Citizen's Survey — Conduct Focus Group Meetings — Conduct Input Meetings with the General Public GOALS & OBJECTIVES — Establish Goals for Parks & Open Space — Establish Objectives — Establish Targeted Level of Service — Identify Active/Passive Recreational Needs — Tabulate Citizen's Survey SCHEMATIC PLAN & PRIORITIES WORKSHOP (1 trip) 212 W. 9th Street Tyler, Texas 75701 903.597.6606 903.597.0517 fax mhsCa�mhsnlanninn.com April 2013 May 2013 May 2013 June 2013 August 2013 - Existing Parks - Service Area Map - Potential Park Projects Map - Potential Open Space Projects Map - Park Network Map - Trails Network Map - Establish Priority Listing of Facilities & Projects PRELIMINARY PLAN (1 trip) - Easy to Understand Format - Descriptive Narrative - Color Photos - Maps - Illustrations to Convey Concepts - Meet All Requirements for Texas Parks & Wildlife Approval REVIEW PERIOD - Staff Review - Advisory Committee Review - Citizen Review - Texas Parks & Wildlife Review FINAL PLAN & PLAN ADOPTION (1 trip) ACTION / IMPLEMENTATION October 2013 October 2013 November 2013 212 W. 9t" Street Tyler, Texas 75701 903.597.6606 903.597.0517 fax mhsl�a mhsnlannino.com