06-L Sports Complex ConsultingDRAFT
J:Wttorney~isa~esolntionsACiJRRENT\6ports Comples ConsoLLVntRes.wptl
May 10, 2002
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, ACCEPTING THE PROPOSAL OF MHS PLANNING &
DESIGN FOR CONSULTING SERVICES IN CONNECTION WITH THE
CONSTRUCTION OF THE PARIS SPORTS COMPLEX; AUTHORIZING
THE EXECUTION OF A CONTRACT WITH MHS PLANNING FOR SUCH
SERVICES; MAHING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Paris has issued requests for proposals for consulting services in
connection with the construction of the Paris Sports Complex; and,
WHEREAS, the best proposal for such consulting services was made by MHS Planning &
Design of Tyler, Texas, and it should be awarded the contract for the same; and,
WHEREAS, the Mayor should be authorized to execute a contract with MHS Planning &
Design, under the terms and conditions and in the form approved by the City Manager and City
Attorney; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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 consulting services in
connection with the construction of the Paris Sports Compley, be, and the same is hereby, accepted.
Section 3. That the Mayor be, and he is hereby, authorized and directed to execute, on behalf
of the City of Paris, a contract with MHS Planning & Design, under the terms and conditions and in
the form approved by the City Manager and City Attorney.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 13th day of May, 2002.
Michael J. Pfiester, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
STATE OF TEXAS
COUNTY OF LAMAR
This contract entered into by and between the City of Paris, Lamaz County, Texas (hereinafter
called "OWNER") acting herein by Michael E. Malone, City Manager, hereunto duly authorized,
and Mark H. Spencer d/b/a MHS Planning & Design of Tyler, Smith County, Texas (hereinafter
called the "CONSL7LTANT").
SECTION 1. EMPLOYMENT OF THE CONSULTANT
A. The Owner hereby employs the "CONSiJLTANT", and the Consultant agrees to provide
consulting services in connection with the construction of The Paris Sports Complex,
herein after called the "PROJECT" as described in the Tabulaz Summary of the Texas
Recreational Parks Account Fund administered by the Texas Parks and Wildlife
Department a copy of which is attached hereto and labeled Exhibit "A". ( and other
improvements attached hereto as Exhibit "B".)
B. Leneth of Contract: The services of the Consultant shall commence upon execution by
the City of a contract with the Texas Pazks and Wildlife Department for a project
acquisition and development grant. All ofthe services required and performed hereunder
with the exception of post construction inspections shall be completed no later than the
original expiration date set forth in the grant agreement. The Consultant shall not be
responsible for the failure of the Contractor to perform under the terms of any
construction contracts awarded as a result of the Consultant's professional services
hereunder. The Consultant shall not be responsible for the failure of the Owner to
budget funds, acquire property, receive bids, or otherwise diligently prosecute the
Owner's responsibilities set forth herein in Section 4 or meet other terms of the Owner's
grant agreement with Texas Pazks and Wildlife Department.
SECTION 2. BASIC SERVICES OF THE CONSULTANT
A. General:
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 ofthe project and shall give consultation and advice to the Owner during
the performance of his services.
B. Preliminary Report Phase: During the preliminary report phase, the Consultant shall:
Consult with the Owner to deternrine the requirements of the Project.
Coordinate and conduct one field trip with selected City Staffto analyze similar
existing pazks to determine design concepts and specifics for the project.
City of Paris, Texas
2
Procure any necessary surveys of existing right-of-way, topography, utilities or
other field data required for proper design of the project. Conduct pre-design
geotechnical investigations appropriate for the project. The development of a
detailed flood study, if requued, is specifically eaccluded from the basic services
of the Consultant, and is addressed in Section 3- Additional Services.
4. Prepaze a revised and detailed site plan and sketches forthe project based on
findings above.
Based on the revised ptan and site environment, Coordinate with the U.S. Army
Corps ofEngineers and the Texas Natural Resources Conservation Commission
to deternvne the necessity of any required pernuts related to site wetlands and
possible permitting of the proposed pond expansion. Pemvts related to
wetlands, pond enlargement and/or construction in the flood plain, if required,
will be covered under Section 3. - Additional Services.
C. Design Phase: After authorization from the Owner to proceed with the final design
phase, the Consultant sha11:
1. On the basis of the approved preliminary design documents coordinate and/or
prepare detailed construction drawings and specifications for the Project.
2. Fumish to the Owner engineering data for and assist in the prepazation of the
required documents so that the Owner may secure approval from TP& W and
Texas Department of Licensing and Regulation.
3. Advise the Owner of any adjustment of the cost estimate for the Project caused
by changes in scope, design requirements or construction costs, and fumish a
revised cost estimate for the Project based on the completed drawings and
specifications.
4. Prepare the proposal forms, notice to bidders, and contract documents for
submission by the Owner to the Owner's legal counsel for approval as to content,
form, and legality.
Furnish 10 copies of the contract documents consisting of plans, specifications,
bid and contract documents.
6. Assist the Owner in obtaining and evaluating bids and awazding contracts for the
constniction of the Project. The assistance by the Consultant shall include the
provision of advertisement for bids and after reviewing the bids received, making
a recommendation on the awazding of a construction contract.
D. Construction Phase: After award of construction contract by the Owner, the
Consultant shall:
City of Paris, Texas
3
1. Be responsible for setting benchmarks only for the construction work. The
contractor shall deternune alignment and grade of work to be constructed from
these reference marks.
2. Make periodic visits to the site when deemed appropriate by the Consultant in
the exercise of his professional judgment to observe the progress and quality of
the executed work and to deternune in general if the work is proceeding in
accordance with the plans, specifications, and contract documents; he will not be
required to make exhaustive or continuous on-site inspections to check the
quality or quantity of the work; he will not be responsible for having quality
control testing done; he will not be responsible for the techniques and sequences
of construction and he will not be responsible for the contractor's failure to
perform the construction work and will endeavor to guazd the Owner against
defects and deficiencies in the work of the Contractors, and may disapprove
work as failing to conform to the plans and specifications, and contract
documents.
3. Check samples, catalog data, laboratory testing, shop drawings, mill tests of
materials and equipment, and other data which the Contractor is required to
submit, only for the conformance with the design concept of the Project and
compliance with the information given by the plans, specifications, and contract
documents; and accept or reject all such submittal data furnished by the
Contractor, materials used, and work performed by the Contractor as either
complying or not complying with the intent of the plans, specifications, and
contract documents.
4. Consult and advise with the Owner, act as the Owner's representative at the
Project site, issue a11 instructions of the Owner to the construction contractors
that do not conflict with good construction practice, and prepare routine change
orders as required.
5. Based on his on-site observations as an experienced and qualified design
professional and on his review of the contractor's applications for payment,
determine the amount owing to the contractors in such amounts; such approvals
of payment to constitute a representation to the Owner, based on such
observations and review and data comprising such applications, that the work has
progressed to the point indicated and that, to the best of his knowledge,
information, and belief, the quality the work is in accordance with the plans,
specifications, and contract documem subject to the results of subsequent testing
called for in the specifications and contract documents and any qualifications
stated in this approval.
6. Conduct, in company with the Owner's representative, a final inspection of the
Project for conformance with the design concept of the Project and compliance
with the plans, specifications, and contract documents, and recommend in writing
final payment to the contractor.
City of Paris, Texas
Make an inspection ofthe Project prior to expiration ofthe guazantee period and
report observed discrepancies under guarantees provided by the construction
contract.
Furnish the Owner, a set of record prints of drawings and addendum drawings
showing those changes made during the construction period, based upon the
marked up prints, drawings, and other data furnished by the Contractor to the
Consultant and which Consukant considers to be the significant.
SECTION 3. ADDITIONAL SERVICES
A. GeneraC 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 ofthe following types, if AIJTHORIZED BY
THE OWNER IN WRITING, to be paid for by the Owner as set out in Section 5,
Paragraph B.
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 construction when such changes are requested by the Owner.
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 initial project bids exceed the revised cost estimate (Section 2, C3)
and the changes aze required to bring the project cost within previously
Owner established limits, or
b) The changes aze required by regulating authorities or to bring the design
irno compliance with applicable codes or ordinances, or
c) The changes are required as a result of some enor or omission on the
part ofthe Consultant.
1 Furnishing of additional copies (beyond the basic contract sets) of reports and
additional prints of drawings, specifications, and contract documents.
4. Investigations involving detailed consideration of operation, maintenance, and
overhead expenses; and the preparation of rate schedules, earnings and expense
statements, feasibility studies, appraisals, and valuations; detailed quantity
surveys of material and labor; geotechnical testing; and material audits or
inventories required for certification of force account construction by the Owner.
Additional or extended services during the construction made necessary by (1)
work damaged by fire, vandalism, or other similaz causes not under the control
City of Paris, Texas
of the Consultant, (2) prolongation of the construction contract time by more
than 25 percent, (3) construction contract default due to delinquency or
insolvency ofthe construction contractor.
6. The preparation of instruction manuals or of operation and maintenance beyond
those furnished with fixture and equipment incorporated into the job.
Additional services and costs necessitated by out-of-town travel required by the
Consultant other than visits to the Project, the one scheduled field trip, and
consultation in the Owner's office as required by Section 2.
8. 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.
9. Additional services in connection with the Project not otherwise provided for in
this ageement.
10. If requested in writing by the Owner one or more full-time Resident-Project
Representatives will be furnished and directed by the Consultant in order to
provide more extensive representation at the project site during the wnstruction
phase. Such resident project representation will be paid for by the Owner as
indicated in Section 5. This section however shall not restrict the Owner from
employing other persons for the purpose of fizll or part time inspection of the
project.
11. Preparation of boundary surveys, wetlands delineation survey, plats, legal
descriptions, or deeds; record search, abstracting of ownership or other related
surveyor work.
SECTION 4. THE OWNER'S RESPONSIBILTTIES
The Owner shall:
A. Provide full information as to his requirements for the Project.
B. Assist the Consultant by placing at his disposal all reasonably available information
pertinent to the site of the Project including all previous reports and any other data
relative to design or construction 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.
City of Paris, Texas
E. Advertise for proposals from bidders, open the proposals at the appointed time and
place, and pay for all costs incident thereto.
F. Provide such legal, accounting, and insurance counseling services as may be required for
the Project.
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 sha11 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 awaze of any defect in the Project.
I. Furnish, or direct the Consultant to provide at the Owner's expense, necessary additional
services as stipulated in Section 3 of this Agreement.
J. Obtain all easements, right-of-way, and fee simple lands for the construction of the
project and bear all cost incident thereto.
K. Pay all fees imposed by local, State, or Federal regulatory agencies for the cost of review
and approval of completed plans and specifications which must be submitted to those
agencies.
SECTION 5. PAYMENT FOR CONSULTING SERVICES
A. Standazd Consulting Fee:
The Owner hereby agrees to pay to the Consultant for the performance of a11
services as set out in Section 2 a payment of: One Hundred and Thirty-Two
Thousand, Five Hundred Dollars and no/100ths. ($132,500.00) This lump sum
fee shall include a11 personnel, expenses, equipment and materials required to
complete the work as outlined in Section 2. The fee of $132,500.00 is based on
a total construction budget of $1,581,040.00. The standard consulting fee shall
be adjusted pro rata in the event the total construction costs increase or decrease
by more than 15% from the scheduled construction amount.
Payment shall be made upon receipt of the Consultant's detailed 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 (the "terminal expenses"). In the event of any
termination, the Consultant shall be paid all terminal expense resulting therefrom
plus payment of any additional services then due. All previous payments to the
City of Paris, Texas 7
Consultant shall be credited to any temvnal payment due to the Consultant.
B. Pavment for Additional Services: The Owner sha11 pay the Consultant £or 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 Pa ents: 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 14 days after the due date.
D. Retainaee: No part ofthe Consultant's compensation shall be withheld from him with
failure of the Contractor to perform; nor sha11 the Consultant's fees be reduced in the
event the amounts owning under any Construction Contract aze reduced by change
order, settlement, or litigation.
E. Eactended Service: Should the term of service required of the Consultant eactend
beyond the original term of the Texas Parks and Wildlife Department grant through no
fault of the Consultant, the Consultant shall be paid the fixed fee set forth in Section
5A(1) plus he shall be compensated for the services of a11 personnel plus any
reimbursable expenses necessary to complete the project. Compensation sha11 be at the
hourly published rates in effect at the time of expiration of the original grant agreement.
SECTION 6. GENERAL CONSIDERATIONS
A. Termination: This Agreement may be ternunated without cause by either party by
giving ten (10) days written notice. If this Agreement is so temvnated 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. Project Documents: Without the expressed WRITT'EN CONSENT OF THE
CONSULTANT the Owner shall allow NO reproduction ofthe plans and specifications
for constructing additional "copies" of the same project in whole or in part; nor shall the
Owner fumish the Consultant's plans and specifications to third parties for their use in
constructing additional "copies" of the project, in whole or in part.
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 aze 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 bid, or the final
contract cost.
City of Paris, Texas
D. 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.
E. Successors and Assiens: 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, or transfer his interest in this Agreemem without
the written consent of the other. Nothing herein sha11 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. 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 Owner
to assure proper accounring for all project funds. Consultant shall give the Owner or any
of the Owner's duly authorized representatives, access to and the right to examine all
books, accounts, records, reports, files, and other papers, things, or property belonging
to or in use by the Consultant pertaining to this contract. Such rights to access shall
continue as long as the records aze retained by the Contractor. Contractor agrees to
maintain such records in an accessible location. Consultant shall include the substance
of this section in a11 subcontracts.
G. Findinss Confidential: All reports, information, and data prepared or assembled by the
Consultant under this contract are confidential and the Consultant agrees thaY they shall
not be made auailable to any individual or organization without the prior written
approval of the Owner.
H. Interest of Members of Citv: No member of the governing body of the City, and no
officer, employee, or agent ofthe 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
appropriaLe 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 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.
J. Interest ofConsultant and Emplovees: The Consultant covenants that he presently
has no interest and shall not acquire interest, direct or indirect, in the study azea 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 fiuther covenants that in the
performance of this contract, no person having any such interest shall be employed.
City of Paris, Texas
K. 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 or registered azchitects, that all
personnel engaged in the work shall be fully qualified and shall be authorized or
pernutted under the Texas Engineering Practice Act, State Law and local law to perform
such services which may be a part hereto.
N. Third Party Beneficiaries: Nothing contained in this Agreement sha11 create a contractual
relationship with, or a cause of action in favor of a third party against either the Owner
or the Consultant. The Consultant's services under this Agreement aze being performed
solely for the Owner's benefit, and no other entity shall haue any claim against the
Consultant because ofthis Agreement or the performance or nonperformance ofservices
hereunder. The Owner agrees to include a provision in all contracts with contractors and
other entities involved in this project to carry out the intent of this paragraph.
0. Severability and Survival: Any provision ofthis Agreement later held to be unenforceable
for any reason shall be deemed void, and a11 remaining provisions shall continue in full
force and effect. All obligations arising prior to the termination of this Agreement and
a11 provisions of the Agreement allocating responsibility or liability between the Owner
and the Consultant survive the completion of the services hereunder and the termination
of this Agreement.
P. Equal Employment Opportunitv: During the performance of this Contract, the
Consultant agrees as follows:
The Consultant will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Consultant will take
atFirmative action to ensure that applicants aze employed, and that employees are treated
during employment, without regard to their race, color, religion, sey, or national origin.
Such action shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoffor ternvnation; rates
of pay or other forms of compensations; and selection for training including
apprenticeship. The Consultant agrees to post in conspicuous places, available to
employees and applicants for employment, notices of this nondiscrimination clause.
The Consultant will, in all solicitations or advertisements for employees place by or on
behalf ofthe Consultant, state that all qualified applicants will received consideration for
employment without regard to race, color, religion, sex, or national origin.
The Consultant will cause the foregoing provisions to be inserted in all subcontracts for
any work covered by this contract so that such provisions will be binding upon each
subcontractor, provided that the foregoing provisions shall not apply to contracts or
subcontracts for standard commercial supplies or raw materials.
IN TESTIMONY WHEREOF, the parties have affixed their hands and seals this the
of April, 2002.
FOR THE CITY OF PARIS, TEXAS (OWNER)
day
ATTEST:
Michael E. Malone, City Manager
Date:
Mark H. Spencer
d/b/a MHS Planning & Design
ATTEST:
Details of Basic Services Fee
Preliminary Report Phase
- Coordinate and conduct one field trip
$ 1,000
- Topogaphic & Utilities surveying
7,000
- Geotechnical Investigations
2,500
- Site Plan Revisions
3,500
- Environmental Investigations
3,000
- Meetings and Presentations
2 500
Total Preliminary Report Phase
$19,500
Design Phase (Plans & Technical SpeciTcations)
- Arclritectural Services
$ 20,000
- Civil Engineering Services
18,750
- Electrical Engineering Services
14,600
- Pazk Design & General CondiUons
39,000
Totai Design Phase
$ 92,350
Constmction Phase
- Periodic Site Visits
$ 13,500
- Submittal Review
3,500
- Process Payment Applica[ions
1,500
- Final Inspection/Project Closeout
2 150
Total Conshvction Phase
$ 20,650
EXHIBIT "A"
Paris Sports Complex
Preliminary Budget
Grant Funded Elements
1.
Land - 92 acres @$1,250/acre (to be donated by Paris Jr. College)
$ 115,000
2.
Multi-use Trail - 3,100 LF - 7' wide - concrete @$4.50/sq. ft.
97,650
3.
1- 200' Softball Field (includes clearing grading, fencing, backstops,
covered dugouts, grassing & lighting)
155,000
1- 300' Softball Field (includes clearing grading, fencing, backstops,
covered dugouts, grassing & lighting)
168,000
4.
Lake- 2.3 acres - allowance
43,640
5.
Playground - allowance
70,000
6.
Picnic Station - Standard
3,500
7.
Picnic Station - Handicapped
3,500
8.
Fishing Pier at Lake - 125 sq. ft.
3,350
9.
Muhi-use Sports Pavilion - 14,400 sq. R.
240,000
10.
Tree Planting - 50 @ $ 100. 00/each
5,000
11.
Irrigation System
12,000
12.
Signage
1,000
13.
Appraisal Fees
1,500
14.
Planning, Engineering and Architectural Fees
80.860
Total of Grant Funded Elements
$1,000,000
Funding:
TP&W -
$ 500,000.00
City of Paris
- $ 500,000.00
Source of local match:
1.)
Donated Land $ 115,000
2.)
Donated Cash (Love Civic Center) $ 222,000
3.)
City of Paris Cash $ 163,000
NOTE: This cost estimate is based on the preliminary drawings of July, 2001 and
prepazed prior to detailed engineering and design - actual construction costs will
vary.
7/30/01
EXHIBIT "B"
Paris Sports Complex
Preliminary Budget
Non-Grant Funded Elements
1.
Pazk Road - 800 LF - 24' wide @$2.00/sq. Ft.
$ 38,400
2.
Parking Lot - 200 Spaces
144,000
3.
1- 300' softball field
168,000
4.
1- 200' softball field
155,000
5.
Restroom/Concession Building - 800 sq. ft.
100,000
6.
Restrooms at Pavilion
28,000
7.
Utilities: Water, Sewer, Electrical (allowance)
45,000
8.
Project Contingency
100,000
9.
Planning, Engineering and Architectural fees
66.800
Total of Non-Grant Funded Elements
$845,200
Funding of Non-Grant Elements:
City of Paris - $817,200
Love Civic Center Gov. Boazd - 28.000
$ 845,200
Total City of Paris Funds Required:*
For Cnant Funded Elements - $ 163,000
For Non-Grant Elements - 817.200
$ 980,200
* Funds may include cash, force account labor, private donations of cash and/or donated
labor and materials.
NOTE: This wst estimate is based on the preliminary drawings of 7uly, 2001 and
prepazed prior to detailed engineering and design - actual construction costs will
vary.
7/30/O1