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HomeMy WebLinkAboutItem 06 - Rockledge Park Master PlanIIE1110 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIJ FROM: • RUMBELOW, CITY MANAGER MEETING DATE: NOVEMBER 4, 2014 SUBJECT: APPROVAL FOR AWARD OF AGREEMENT FOR MASTER PLANNING OF ROCKLEDGE PARK RECOMMENDATION: City Council to consider approval of an agreement with Mesa Design Group to develop a Master Plan for Rockledge Park. FUNDING SOURCE: Funding for this purchase is currently available in Council Quality of Life Fund/ Professional Services/ Parks and Recreation 2015 Projects for the amount not to exceed $147,000. -•' 11 1011•- • • The City has a grant opportunity with Texas Parks & Wildlife Department (TP&W) and several other entities to create a unique outdoor park. This outdoor park would include hunter education, archery, fishing, and other Ranger based programming. For this project to move forward the City needs to provide a Master Plan and feasibility/profroma study for Rockledge Park. The agreement is for the master planning services for Rockledge Park Master Plan. Mesa was selected based on the work Mesa has provided the City in the past, collaboration with Texas Parks & Wildlife and the need to proceed. Staff successfully negotiated an agreement dated October 6, 2014 for master planning services with Mesa for Rockledge Park project. The proposed agreement is for $147,000. A copy of the proposed agreement is attached for review. 10/30/2014 'RBAN row € IN 11roposal and Contract for Professional Services October 6, 2014 Mr. Kevin Mitchell City of Grapevine 1 175 Municipal Way Grapevine, Texas 76051 Project: Rockledge Park Master Plan Grapevine, Texas Dear Mr. Mitchell, This proposal and contract describes the landscape architectural services to be provided by MESA, the costs of these services and general terms and conditions under which these services would be executed. SCOPE OF SERVICES STAGE I: MACRO PROGRAMMING OF LAKE PARK ENTERPRISE ZONES Task 1.1: Kick -Off Meeting, Data Confirmation, and Assessments A. Kick -Off Meeting, Data Confirmation, MESA and the design team will meet with City staff, the owner, and other critical parties, and walk the site to review all existing base data, goals associated with the project, and new initiatives identified by the City for the project. A key component of this meeting will be the confirmation of schedules (including key milestones, critical path elements, etc.) and anticipated deliverables. Confirmation of the core client team, primary points of contact, stakeholder groups and their roles within the planning process will be discussed, as well as dates and formats for public workshops. The Kick -Off Meeting will be combined with the initial site visit associated with the assessments listed below. B. Enterprise Zone Assessment: Operations and Opportunities MESA and the design team will meet with City staff to understand the City operating protocols. Interviews with potential users and operators of various activity zones within the park may be conducted to provide an understanding of capacities, capabilities, demands, and services, in order to influence park design and materials for long term sustainability. C. Operations Assessment of Lake Park Enterprise Zones Mesa will evaluate current operations through which facilities and programs are offered. Operations typology will be established that separates the various operational activities into relatedbut separate categories. Each categorical type will be evaluated according to operation criteria including: 1. Efficiency 2. Redundancy 3. Completeness MESA will prepare an evaluative method, via questionnaires, summaries, etc., to be utilized by Staff in a one -day workshop (not attended by MESA). The purpose of this method is to provide a means for staff to internally document, review, evaluate, and prioritize their operations without personal bias. During one of MESA's site visits, MESA will meet with staff members to review and discuss the findings of the evaluations (for use in planning documents). D. User Needs Assessment of Lake Park Enterprise Zones 1807 Ross Avenue, Suite 333 Dallas, Texas 75201 Office 214 871 0568 Fax 214 871 1507 www.mesadesigngroup.com Rockledge Park Master Planning Proposal — Page 2 Mesa will undertake an assessment of user needs in which various categories of such needs will be evaluated according to the extent they are served, underserved, important to plan objectives, related to specialized user groups, related to emerging market user groups. User needs will be derived from several sources as follows: 1. Current Users: Identified by the Client using a survey instrument providedby MESA 2. Target Users: Identified by the Client in the course of interviews with MESA 3. Comparative Facility User Needs: Identified' through phone interviews with other market area facilities. 4. Review of past Studies and Master Plans developed for the Lake Park Enterprise Zones. Product: MESA and the design team will visit the site, collect and synthesize base data into an assessment plan composite of existing conditions, meet with City staff, and host separate stakeholder interviews as necessary. Meetings: MESA will also make one a (1) one -day presentation to the City of Grapevine. Conference calls will be utilized as necessary to mitigate travel costs. STAGE III: SITE SPECIFIC ASSESSMENTS, INVENTORY, PROGRAMMING, AND ANALYSIS OF ROCKLEDGE PARK Task 2.1: Site Specific Data Confirmation and Assessments These activities are intended to provide a basis of policy, physical, natural, wildlife, historical, and cultural information about the sites as a foundation of the planning process and include the following: A. Base Maps, Code Review, and Previous Research MESA and the design team will gather from the City and other public domain sources, the data needed to undertake assessments described below. MESA has the right to rely on this information. An on -the -ground topographic survey and tree inventory will be performed as necessary to update information already in our files. Development codes and jurisdictional restrictions will be reviewed. B. Site Assessment: Environmental and Habitat Systems MESA and the design team will gain an understanding of the criteria for park program development based on the natural systems present on the site. We will comprehend and describe ecosystems through review of previously developed documentation as well as document the extent to which they have been disrupted by human intervention to date. "Layers" dealing with soils, slope, vegetation, habitat, and others, will each be considered. C. Use Assessment: Program Patterns and Activities MESA and the design team will map the anticipated patterns of usage and circulation based upon City feedback at the Kick -Off Meeting (as well as positive and negative impacts of these activities) to gain an understanding of current and potential usage levels, and the inter -relationship between various programs. Neighborhood connections will be evaluated. A detailed demographic analysis will be developed based on the service area regarding population, household income levels, and age group characteristics. Additionally, a trends analysis will look at demographic shifts and their impact on what the community may consider based on future park facility trends, interest and participation levels for a variety of activities, and what is new in recreational facilities. D. Built Fabric Assessment: Existing Facilities and Infrastructure MESA and the design team will evaluate the condition of existing on-site facilities, including infrastructure (roads, sidewalks, utilities, etc.), and other amenities available for adaptive re -use opportunities, making a cursory evaluation of all built elements in terms of their physical condition, current use, and longevity. We will rank them as appropriate for any proposed' reuse, upgrade, or removal. Functionality and maintenance challenges will be documented. Context encroachment will be addressed on adjacent tracts and mitigation strategies will be addressed to preserve the integrity of the parks anticipated experiential qualities. E. Sensitivity Composite Assessment MESA and the design team will overlay the various sensitivity maps, rendering a composite map for all facets of the assessments (natural, built, etc.). This process creates a true assessment, rather than inventory, of the park's significant strengths, vulnerabilities, and flexibility (ability to adapt to change). This map is essential in evaluating the impact of current and future use patterns, City initiatives, programs, and facilities within the existing fabric of the park. This document will serve as a guiding instrument in the development of the Master Plan. C:\Users\kmelaun\Documents\Proposal Rockledge Park—Oct 6 2014 Revised with MEETINGS.docx Rockledge Park Master Planning Proposal — Page 3 F. Experiential Assessment: Patterns, Forms, & Features MESA and the design team will evaluate the park in efforts to distinguish the experiential qualities and districts essential to the park's sense of place. The differentiation of these spaces may be a response to facilities, natural features, programs, or contextual relationships. Through the identification of "experiential" rooms, and the characteristics associated with those spaces, MESA will be able to develop a master plan responsive to site-specific opportunities and constraints. The experiential assessment is a critical component in MESA's process, bringing the experiential attributes of the site into the design process with the same significance as natural or built analysis. G. Stakeholder Engagement MESA and the design team will act as a facilitator to the stakeholder input process. Initially, we will develop an Information Management Plan and schedule identifying times, as deemed appropriate by the City, to conduct interview and input sessions with key critical parties and user groups that are significant to the master plan development. These may include City Council Members, City Staff, Texas Parks and Wildlife Department Members, U.S. Olympic Committee Members, Corps of Engineers, On-site Telecommunication Providers, recreational associations, neighborhood associations (HOA), etc. Subsequent to these reviews MESA will present its findings to the City Staff in Task 2.3. Product: MESA and the design team will visit the site, collect and synthesize base data into an assessment plan composite of existing conditions, meet with City staff, and host the stakeholder interviews as necessary. MESA will provide the city with one (1) hard copy of each map as well as digital files (PDF). MESA will meet with the City to prioritize all input received during stakeholder engagement meetings prior to moving forward with the following tasks. Meetings: MESA will include two (2) one -day visits to review the City of Grapevine Lake Park Enterprise zones and meet with appropriate staff/stakeholders. MESA will also make one a (1) one -day presentation to the City of Grapevine. Conference calls will be utilized as necessary to mitigate travel costs. Task 2.2: Comparative Park Analysis Working with City staff, MESA will formulate a list of potential parks and recreation sites that City staff and the design team may visit to comparatively evaluate program content, operations and maintenance, management, and design and construction of site elements. Two options are presented; a one day trip, up to 4 park sites utilizing a city van, and the other involves traveling with an overnight stay out of town. The purpose of the trips is to examine program elements which may be desirable to include in the Master Plan for future development. The findings of the comparative analysis will be documented in the Master Plan Report and used to develop the initial programming for the park. The comparative park analysis will facilitate the creation of a potential sponsorship and organizational teaming opportunities matrix as identified during the programming process. Product: MESA will prepare comparative matrices and graphics depicting the information outlined above — photography may be included' as necessary. The most compatible elements will be included in a summary of the master planning process, as well as project and site history, as components of the Final' Report. Task 2.3: Assessments Presentation & Programming Prioritization MESA will host a workshop with the City staff to review the assessments, stakeholder input, and prioritize potential park improvements in conjunction with the programming vision. The design team will look for critique and confirmation of the assessments and engage with the attendees in a "visioning" session designed to take into account all assessments and assist in determining the most responsive direction for development. We will review anticipated phasing, temporary use for short-range initiatives, and program flexibility for the Master Plan. This report will conclude with an overall listing of opportunities, constraints, resources, and liabilities that challenge Rockledge Park's future and facilitate its strategic plan. Product: MESA will host an assessment and programming workshop for City staff. MESA will compile the findings of the aforementioned assessments (reports, excel spreadsheets, matrix, and plan graphics including site photographs) into an assessment report. The report will be formatted for utilization in presentations and capital campaigns, serving as the first chapter of the Rockledge Park Master Plan Report, which will be completed with the preparation of the completed Master Plan. MESA will provide City of Grapevine with ten hard copies of the report and one digital copy (PDF). C:\Users\kmelaun\Documents\Proposal Rockledge Park—Oct 6 2014 Revised with MEETINGS.docx • Rockledge Park Master Planning Proposal — Page 4 Meetings: MESA will include two (2) two-day site visits (listed task 2.2) to review site conditions and meet with staff. MESA will also make one a (1) one -day presentation to the client at Rockledge Park. Conference calls will be utilized as necessary to mitigate travel costs. STAGE 111: CONCEPT MASTER PLAN OF ROCKLEDGE PARK Task 3.1: Concept Master Plan MESA and the design team will develop a descriptive level vision for the park that is directly derived from the goals identified in the City staff visioning and public workshops. This graphic is a preliminary concept that depicts the program for the park and comprises a checklist of effects (from the initial input) that the master plan must accomplish. It is the "structure' that the plan will be built around and serves as an opportunity for confirmation before development of the final vision. MESA and the design team will host a presentation to City staff and share the following aspects of the concept: A. Programs will graphically depict zones for each activity on site and serve to describe the relationships between each. B. Connectivity identifies the external and internal linkages and circulation throughout the park and connections the surrounding community. C. Facilities & Amenities will describe the list of structures and infrastructure that are necessary to provide and support the programs framework, also denoting circulation patterns, arrival sequences, and other patterns. D. The Natural Systems Framework will identify an approach to habitat restoration, ecological strategies, and other management agenda to increase the quality and vitality of the park's natural systems, directly addressing issues identified in the assessments. A preliminary cost projection will be prepared for consideration. MESA will meet with the City to share the concept master plan, and adjustments will be made prior to the public presentation to be conducted in Task 4.4. Product: MESA and the design team will prepare the concept master plan and supporting documents for internal City presentations and for use in subsequent public meetings. Task processes, findings, and recommendations will be summarized into a chapter within the final report. Meetings: MESA will make one a (1) one -day presentation to the City of Grapevine. Conference calls will be utilized as necessary to mitigate travel costs. Task 3.2: Preliminary Operational Budget, Pro -Forma and Economic Impact Estimates Based' on all the information gathered throughout the process, the design team will develop annual operational and maintenance budget projections to include all expenses and revenues associated with the Park's operation. The projected operational and maintenance budgets will include staffing levels, benefits, commodities, utilities, contractual services, pricing strategies, revenue opportunities, rentals, concessions, merchandising, programs, participation levels, events, cost recovery, and subsidy levels, along with any additional budget items identified by the Department. A five-year pro -forma projecting the expenses, revenues, and cost recovery anticipated over the first five years of operating the park will be created. The pro -forma will be based on the operational budget projections as well as all the information provided by the Parks and Recreation Department. These figures will project increases in participation as well as estimated inflationary costs and/or price changes. A broad based analysis will be prepared of the economic impact and benefits of the proposed park venues. The following components will be analyzed: A. Any increase in direct operating expenditures of wages, services and goods B. Any new employment generated C. Impact of ancillary expenditures by audiences attending events at Rockledge Park D. Estimated multiplier effect using regional estimators from state of federal sources E. Economic impact arising from capital costs — construction wages, services, and materials C:\Users\kmelaun\Documents\Proposal Rockledge Park—Oct 6 2014 Revised with MEETINGS.docx Rockledge Park Master Planning Proposal — Page 5 STAGE IV: FINAL MASTER PLAN OF ROCKLEDGE PARK Task 4.1: Final Master Plan MESA and the design team will refine the Concept Master Plan into a vision for future park development. This will be a descriptive level graphic plan, including sections and perspectives necessary to convey the design, which will graphically depict all park amenities at an appropriate scale — depicting forms, material concepts, habitat enhancements, and detailed connections. The plan will illustrate all programs and areas of park development and address the following areas of park development all comprised within one graphic: A. Adaptive Reuse Initiatives identify the structures, spaces, pathways, and other features of the site that deserve and need to be preserved, maintained', restored, renovated, and/ or reconstructed. B. Natural Fabric Initiatives address projects associated with the preservation, conservation, restoration, and maintenance of natural systems and habitats that influence the park's form. C. Thematic Structure Initiatives represent projects that address key thematic improvements such as entrance portals and sequencing, gateways, nodes, edges, and the definition of unique park districts. D. Traffic and Circulation Initiatives identify those projects that establish an efficient and humble relationship between the park and its varied circulation patterns — pedestrian, vehicular, and trails, including community connections. E. Program Plan & Amenity Enhancement Initiatives will organize the preservation, restoration, integration, and removal of program opportunities with the park. F. Implementation and Phasing Initiatives will identify the subsequent design stages for the project and set a framework for implementation and funding mechanisms required to move forward at the anticipated schedule. G. The Conceptual Interpretive Plan (optional) - This plan will develop an interpretive theme/ story outline for the park, and note the site elements necessary for conveying that educational storyline. While the Final Master Plan illustrates the above mentioned elements (and others) on the site, the planning team will also prepare elevation studies, sections, perspective sketches and more detailed floor plans and alignments to illustrate the aesthetic character of the constructed vision. These schematic architectural studies of pavilions, amenities, and other thematic elements begin to give a sense of vitality and life to the plan. MESA and the design team will prepare a refined cost projection and break out the holistic vision into a series of attainable and fundable phases for execution. The end result of this subtask will be the definition of a Phase I scope and construction budget to further refine and bring forth to implementation. Product: MESA and the design team will prepare a master plan graphic and report that depicts the information outlined above — specific area enlargements, sections, elevations, and sketches may be prepared as necessary. The updated cost projection will break out the discussed phases of park development, and identify the scope of the first phase of construction. A summary of the master planning process, as well as project and site history, and recommendations will be components of the Final Report. Meetings: MESA will make one a (1) one -day presentation to the City of Grapevine. Conference calls will be utilized as necessary to mitigate travel costs. C:\Users\kmelaun\Documents\Proposal Rockledge Park—Oct 6 2014 Revised with MEETINGS.docx Rockledge Park Master Planning Proposal — Page 6 Task 4.2: Final Operational Budget, Pro -Forma and Economic Impact Estimates The design team will refine and finalize the annual operational and maintenance budget including staffing levels, benefits, commodities, utilities, contractual services, pricing strategies, revenue opportunities, rentals, concessions, merchandising, programs, participation levels, events, cost recovery, and subsidy levels, along with any additional budget items identified by the Department. A five-year pro -forma projecting the expenses, revenues, and cost recovery anticipated over the first five years of operating the park will be refined and finalized as well as the economic impact analysis. Task 4.3: Illustrative Graphics In an effort to create a marketing package for presentation to the public, MESA will assemble the design products described in the tasks above into a uniformly formatted Presentation Package. The Presentation Package will include: • One (1) Rendered Illustrative Site Master Plan ( 36"x48") • Three (3) Illustrative Perspectives (Three Dimensional Water Color Rendering by professional illustrator) • One (1) digital copy of scanned images written to archive disk. Task 4.4: Final Project Presentation — City Council & Public MESA will make a final project presentation to the City council (potentially a joint public comment session) of the vision and proposed Phase 1. If the City considers this an important component of the community outreach process, MESA will also host a meeting to share the phasing and priority breakout of particular projects with the public (rather than a joint session). C:\Users\kmeloun\Documents\Proposal Rockledge Park—Oct 6 2014 Revised with MEETINGS.docx Rockledge Park Master Planning Proposal - Page 7 MWO COST OF SERVICES The below scope of services will be billedon a percentage completion basis or hourly not to exceed as applicable (in accordance with the fee schedule specified below) with the total cost of services not to exceed the amount specified for each without a written addendum to this contract. The below tasks shall be billed as follows: STAGE I: MACRO PROGRAMMING OF LAKE PARK ENTERPRISE ZONES SITE ASSESSMENTS, INVENTORY AND ANALYSIS 1.1 Kick -Off Meeting, Data Confirmation, and Assessments A. Kick -Off Meeting, Data Confirmation, and Assessments $8,000.00 Lump Sum B. Enterprise Zone Assessment $3,500.00 Lump Sum C. Operation Assessment of Lake Park Enterprise Zones $5,000.00 Lump Sum D. User Needs Assessment of Lake Park Enterprise Zones $5,000.00 Lumo Sum Total Stage 1: $21,500.00 STAGE II: SITE SPECIFIC ASSESSMENTS, INVENTORY, PROGRAMMING, AND ANALYSIS OF ROCKLEDGE PARK 2.1 Site Specific Data Confirmation and Assessments A. Base Maps, Code Review, and Previous Research $3,000.00 Lump Sum B. Site Assessment $6,000.00 Lump Sum C. Use Assessment $6,000.00 Lump Sum D. Built Fabric Assessment $3,000.00 Lump Sum E. Sensitivity Composite Assessment $3,000.00 Lump Sum F. Experiential Assessment $3,000.00 Lump Sum G. Stakeholder Assessment $4,000.00 Lump Sum Subtotal of Task 2.1 $28,000.00 2.2 Comparative Park Analysis Lump Sum $7,500.00 2.3 Assessments Presentation & Programming Prioritization $5,000.00 Lump Sum Total Stage 2: $40,500.00 C:\Users\kmelaun\Documents\Proposal Rockledge Park -Oct 6 2014 Revised with MEETINGS.docx Rockledge Park Master Planning Proposal — Page 8 MESA STAGE 111: CONCEPT MASTER PLAN OF ROCKLEDGE PARK 3.1 Concept Master Plan $25,000.00 Lump Sum 3.2 Preliminary Operational Budget and Pro Forma $10,000.00 Lump Sum Total Stage 3: $35,000.00 STAGE IV. FINAL MASTER PLAN OF ROCKLEDGE PARK 4.1 Final Master Plan $25,000.00 Lump Sum 4.2 Final Operational Budget and Pro Forma $8,000.00 Lump Sum 4.3 Illustrative Graphics $12,000.00 Lump Sum 4.4 Final Project Presentation $5,000.00 Total Stage 4: $50,000.00 TOTAL COST OF SERVICES $147,000.00 REIMBURSABLE EXPENSES - Please note that reimbursable expenses are included in the above fee with the exception of items listed in No. 5 of the Proposal and Contract Conditions. Note: Fees for Design Development, Construction Documents, Bidding Negotiation and Contract Administration/Construction Observation to be provided upon final development of the project scope of work and landscape construction budget. ADDITIONAL SERVICES/HOURLY FEE SCHEDULE Services requested, but not specifically included in the scope of services listed above, will be considered additional services. Modifications to drawings, after approval by Owner, as a result of changes requested by Owner or other consultant will be considered additional services and billed at an hourly rate as follows: Senior Principal $235.00 Principal $180.00 Associate Principal $150.00 Associate $130.00 Senior Project Manager - CA/CO $130.00 Senior Project Manager $110.00 Project Manager $100.00 Senior Designer $ 90.00 Designer $ 75.00 Marketing/Acct./Admin $ 75.00 Intern $ 50.00 C:\Users\kmelaun\Documents\Proposal Rockledge Park—Oct 6 2014 Revised with MEETINGS.docx Rockledge Park Master Planning Proposal — Page 9 PROPOSAL AND CONTRACT CONDITIONS: The client will provide the following and MESA has the right to rely on this information and rely on any information provided by others: a. Boundary and general survey locating structures, property lines, utilities that cross the property and interior lobby plans in AutoCAD format. b. Soils Report (if required). c. Budgetary Considerations. 2. Not included are the following: a. Vehicular Paving Improvements b. Utilities (water, sewer, storm, electrical, cable, telephone, etc.) c. Civil, Structural, Mechanical and Electrical Engineering d. Detailed Design, construction documents and construction observation. e. Landscape Lighting Electrical Plans f. Project Signage and Graphics g. Design of new or additional elements added to the scope of work or any related off-site improvements h. Redesign of elements due to site plan changes (i.e., buildings relocated, site grading changes) i. Geotechnical Information j. Water features k. Illustrative plans, models and drawings not specifically described in the Scope of Services I. TDLR Submittal m. As Built Drawings n. On -Site Construction Management 3. MESA Design Associates may subcontract consultants in the performance of any services described in this agreement 4. MESA Design Associates does not act as General Contractor in any way, or accept responsibility for poor craftsmanship. 5. The above-described compensation for MESA Design Associates does not include the following non -labor costs: Reimbursables: a. Permits and/or registration fees b. Travel expenses outside of Dallas/Fort Worth metroplex such as airfare and lodging c. Other products and services requested by the Client and not specifically described herein. d. Any and all Jurisdictional Submittal, Permitting or Review Fees. e. TDLR Fees and Expenses. There will be a 0% Administrative Fee added to all reimbursable expenses. 6. Should the Client or Owner cancel scheduled meetings with less than 72 hours notice, MESA reserves the right to invoice the Client or Owner for all related National and International travel and accommodation expenses incurred. 7. Either Party may terminate this contract with (7) seven days written notice to the other party. Upon termination, MESA will be paid for all work performed', including reimbursable expenses, through the date of termination. 8. Should the project go "on hold" for more than sixty (60) days, the Consultant reserves the right to charge a $600.00 restart fee when the project resumes. MESA's fees for the remaining services and the time schedules shall be equitably adjusted. 9. This agreement is to be governed by the laws of the State of Texas. Compensation for all services shall be paid in Dallas, Dallas County, Texas. C:\Users\kmelaun\Documents\Proposal Rockledge Park—Oct 6 2014 Revised with MEETINGS.docx s Rockledge Park Master Planning Proposal — Page 10 10. In the event disputes are not satisfactorily resolved through informal discussions, the Client and MESA agree that all disputes between them arising out of or relating to this agreement or the Project shall be submitted to nonbinding mediation. In the event the parties to this agreement are unable to reach a settlement through mediation, then such disputes shall be settled by litigation, in a court of competent jurisdiction. 11. Invoice Terms: Net thirty (30) days from invoice date. A finance charge of 1.5% per month (18% per annum) will be added to accounts over thirty (30) days past due. Client agrees to pay reasonable attorney's fees incurred by MESA to collect on unpaid invoices. MESA reserves the right to file a property lien if invoices go over sixty (60) days past due. 12. If the client fails to make payments to MESA in accordance with this agreement, such failure shall be considered substantial non-performance and cause for termination or, at MESA's option, cause for suspension of performance of service under this agreement. If MESA elects to suspend service, prior to suspension of services, MESA shall give seven (7) days written notice to the Client. In the event of a suspension of services, MESA shall have no liability to the Client for delay or damage caused to the Client because of such suspension of services. Client agrees to hold MESA harmless and completely indemnify MESA from and against any and all damages, costs, attorney's fees, and/or other expenses which MESA may incur as a result of any claim by any person or entity arising out of such suspension of work. Before resuming services, MESA shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of MESA's services. MESA's fees for the remaining services and the time schedules shall be equitably adjusted. 13. The hourly rates and multiples for services of the Consultant and Consultant's sub consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices annually or as agreed upon between the Client and Consultant. MESA reserves the right to adjust hourly -based contracts and additional service fees to compensate for inflation increases annually. 14. The initial payment of $ Dollars ($ ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Client's account at final payment. Subsequent payments for services shall be made monthly and, where applicable, shallbe in proportion to services performed on the basis set forth in this Agreement. 15. The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as Landscape Architects in Texas. Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337; tele: 512.305.9000; fax: 512.305.9005; e-mail: www.tbae.state.tx.us. 16. LIMITATION OF LIABILITY: to the maximum extent permitted by law, the Client agrees to limit MESA's liability for the Client's damages to two times the fees indicated in this proposal. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. 17. By making visits to the site, MESA is not assuming the responsibilities of the builder, Construction Manager, Construction Superintendent or any of their agents or subcontractors. 18. Plans, drawings and specifications or other writings or documents prepared or provided by MESA hereunder are prepared for this Project only, but may be used by MESA for purposes of illustrating the scope and nature of project involvement. MESA shall provide Client with a reproducible set of drawings and specifications for its records. They shall not be used by Client for other projects or extensions to the project without the express written permission of MESA. 19. It is expressly understood and agreed that MESA shall' not have control of, or charge of, or be responsible for construction, means, methods, techniques, sequences or procedures, or for safety precautions or programs in connection with the Project or for the acts or omissions of any contractor, subcontractor or other persons performing work for the Project and Client shall indemnify MESA and hold MESA harmless from and against any and all claims, demands, losses, costs, third party beneficiaries, liabilities and damages including, without limitation, reasonable attorney's fees and expenses, incurred by MESA and arising out of or related to any of the aforesaid. C:\Users\kmelaun\Documents\Proposal Rockledge Park—Oct 6 2014 Revised with MEETINGS.docx a Rockledge Park Master Planning Proposal - Page 11 t 20. Notwithstanding any other provision of this Agreement, MESA and MESA's sub consultants shall have no responsibility for the discovery, presence, handling, removal, disposal or exposure of persons to hazardous materials in any form at the project site, including but not limited to asbestos, asbestos products, mold, polychlorinatedbiphenyl (PCB) or other toxic substances. 21. The Client agrees to waive consequential damages for claims, disputes or other matters in question arising out of or relating to this agreement. 22. Nothing contained in this agreement shall create a contractual relationship with or a cause of action in favor of a third party against either MESA or the Client. MESA's services under this agreement are being performed solely for the Client's benefit, and no other party or entity shall have any claim against MESA because of this agreement or the performance or nonperformance of services hereunder. 23. The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless MESA, its officers, directors, employees and sub consultants (collectively, MESA) against all damages, liabilities or costs, including reasonable attorney's fees and costs, to the extent caused by the Clients negligent acts or breech of this agreement, and the acts of its contractors, subcontractors or consultants or anyone for whom the Client is legally liable. Neither the Client nor MESA shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence. 24. This document supercedes all previous discussions and documents, if any, and may only be amended by written agreement between the parties. 25. If any term or provision of this Agreement is held to be invalid or unenforceable under any applicable statute or rule of law, such holding shall be applied only to the provision so held, and the remainder of the Agreement shall remain in full force and effect. Respectfully submitted, MESA Design Associates, Inc. �itfi 11 ii Stan R. Cowan Senior Principal Acceptance of Proposal and Contract Terms and Conditions: City of Grapevine Authorized Representative Date C:\Users\kmelaun\Documents\Proposal Rockledge Park -Oct 6 2014 Revised' with MEETINGS.docx STAGE I: MACRO PROGRAMMING OF LAKE PARK ENTERPRISE ZONES SITE ASSESSMENTS, INVENTORY AND ANALYSIS 1.1 Kick -Off Meeting, Data Confirmation, and Assessments A. Kick -Off Meeting, Data Confirmation, and Assessments Duration: 3-4 weeks Initiation: Immediately upon execution of contract. B. Enterprise Zone Assessment Duration: 4-6 weeks Initiation: Immediately upon conclusion of Task 1.1 A. C. Operation Assessment of Lake Park Enterprise Zones Duration: 4-6 weeks Initiation: Immediately upon conclusion of Task 1.1 A. D. User Needs Assessment of Lake Park Enterprise Zones Duration: 4-6 weeks Initiation: Immediately upon conclusion of Task 1 .1 A. Total Duration of Stage 1: 7-10 weeks STAGE 11: SITE SPECIFIC ASSESSMENTS, INVENTORY, PROGRAMMING, AND ANALYSIS OF ROCKLEDGE PARK 2.1 Site Specific Data Confirmation and Assessments A. Base Maps, Code Review, and Previous Research Duration: 2-3 weeks Initiation: Immediately upon conclusion of Stage I. B. Site Assessment Duration: 4-6 weeks Initiation: Immediately upon conclusion of Task 21A. C. Use Assessment Duration: 4-6 weeks Initiation: Immediately upon conclusion of Task 21A. D. Built Fabric Assessment Duration: 4-6 weeks Initiation: Immediately upon conclusion of Task 2.1 A. E. Sensitivity Composite Assessment Duration: 4-6 weeks Initiation: Immediately upon conclusion of Task 2.1A. F. Experiential Assessment Duration: 4-6 weeks Initiation: Immediately upon conclusion of Task 21A. G. Stakeholder Engagement Duration: 6-8 weeks Initiation: Immediately upon conclusion of Task 2.1A. 2.2 Comparative Park Analysis Duration: 3-5 weeks Initiation: Immediately upon conclusion of Task 2.1. 1807 Ross Avenue, Suite 333 Dallas, Texas 75201 Office 214 871 0568 Fax 214 871 1507 www.mesadesigngroup.com Rockledge Park Master Planning Proposal — Page 2 MESA 2.3 Assessments Presentation & Programming Prioritization Duration: 2-3 weeks Initiation: Immediately upon conclusion of Task 2.2. Total Duration of Stage 11: 13-19 weeks STAGE III: CONCEPT MASTER PLAN OF ROCKLEDGE PARK 3.1 Concept Master Plan Duration: 3-4 weeks Initiation: Immediately upon conclusion of Stage II. 3.2 Preliminary Operational Budget and Pro Forma Duration: 4-5 weeks Initiation: Concurrent with Task 3.1. Total Duration of Stage 111: 4-5 weeks STAGE IV. FINAL MASTER PLAN OF ROCKLEDGE PARK 4.1 Final Mast r Plan Duration: 3-4 weeks Initiation: Immediately upon conclusion of Stage III. 4.2 Final Operational Budget and Pro Forma Duration: 6-8 weeks Initiation: Concurrent with Task 4.1. 4.3 Illustrative Graphics Duration: 3-4 weeks Initiation: Concurrent with Task 4.1. 4.4 Final Project Presentation Duration: 5-6 weeks Initiation: Immediately upon conclusion of Task 4.1. Total Duration of Stage IV: 14-18 weeks TOTAL PROJECT DURATION, through completion of Stage IV: 38-52 weeks P:\2014\PP426 - Rockledge Park\Proposal Rockledge Park_Schedule.docx