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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