Res 032-2014 3/4/2014
RESOLUTION NO. 32-2014
Resolution authorizing the City Manager to execute a Professional
Services Agreement with EDA Land Planning, P.C. for a financial
plan and preliminary design work for the expansion of Riverside
Cemetery, in an amount of $42,500 for Basic Services
WHEREAS, the City has had the goal of expanding Riverside Cemetery to the
east by acquiring properties along Clift Street for many years; and
WHEREAS, the time is near that all the properties along Clift Street will be
acquired by the City, and professional cemetery planning services are now desired.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to execute the attached Professional
Services Agreement with EDA Land Planning, P.C. for a financial plan and preliminary
design work for the expansion of Riverside Cemetery, in an amount of $42,500 for Basic
Services, with changes thereto as approved by the City Attorney.
PASSED AND APPROVED this the 4th day of March, 2014.
______________________________
M A Y O R
ATTEST:
____________________
City Clerk
Professional Services Agreement between the City of Wichita Falls and EDA Land
Planning, P.C. for Consulting Services for the City of Wichita Falls Riverside
Cemetery Expansion
OWNER: The City of Wichita Falls; Attn: Director of Parks and Recreation, P.O. Box 1431, Wichita Falls,
Texas 76307
CONSULTANT: EDA Land Planning, P.C., 772 East 3300 South Suite 110, Salt Lake City, UT 84106
PROJECT: It is the goal of this contract to help the City determine the best path for use of the Riverside
Cemetery expansion land to achieve financial self-support of the City’s cemetery operations at a reasonable point in
the future. It will include a business plan coordinated with an illustrative master plan that achieves this goal in the
most efficient manner. Professional design services for the 4.5 acre Riverside Cemetery expansion will include
master planning, marketing and business plan, and maintenance productivity recommendations. In addition to the
work for the 4.5 acres at Riverside Cemetery, the CONSULTANT will review the OWNER’s other existing
cemeteries’ at Rosemont and Lakeview for market share and the potential market share, marketing plan, and
maintenance recommendations that will support achievement of the goal.
TIMETABLE: Consultant shall complete the following tasks on or before the dates shown subsequent to February
11, 2014 award and execution of this Professional Service Agreement:
1. General Task 100- Pre-design Report May 2, 2014
2. General Task 200-Operations, Marketing & Business Plan July 3,
2014
3. General Task 300-Illustrative Master Plan July 18, 2014
The Consultant shall not be held responsible for failure to meet the aforementioned timetable in the event that the
cause of delay is not the fault of the CONSUTLANT or the CONSULTANT’s subcontractor. The amount of time
specified may be amended at any time subsequent to mutual agreement between the OWNER and CONSULTANT
PAYMENT:
1. Payment for Basic Services. OWNER agrees to pay the following amounts for Basic Services rendered
pursuant to this contract, a total amount not to exceed $42,500, subject to completion of the following phases of
the PROJECT:
Task Amount
General Task 100 -Pre-Design Report $12,500
General Task 200 -Operations, Marketing & Business Plan $17,000
General Task 300 -Illustrative Master Plan $18,000
Total $42,500
2. Payment for Additional Services. OWNER shall pay CONSULTANT for Additional Services requested
and rendered as follows:
2.1. Payment for Additional Services of CONSULTANT rendered under this Contract shall be paid for at the
following rates when supported by invoices:
Personnel Charges
Category Billing Rate Range - $ Per Hour
Senior Landscape Architect $120/hr
Project Landscape Architect $100/hr
Draftsman $65/hr
Clerical $45/hr
Expenses Cost
2.2. For expenses for Additional Services, Consultant shall be compensated at the actual cost to Consultant
based on rates referenced above or as previously agreed upon in writing.
3. Times of Payments.
3.1. Times of Payments--CONSULTANT shall submit monthly statements for Basic and Additional Services
rendered. For Basic Services, the statements will be based upon CONSULTANT'S estimate of the proportion of
the total services actually completed at the time of billing. OWNER shall make prompt monthly payments in
response to CONSULTANT'S monthly statements and shall be due 30 days from date of statement. Upon
conclusion of each task of Basic Services, OWNER shall pay such additional amount, if any, as may be
necessary to bring total compensation paid on account of such task to the following percentages of total
compensation payable for all task of Basic Services.
3.2. Past-Due Payments--OWNER agrees to pay a charge of 0.5% per month on all invoiced owed amounts not
paid within 30 days of the date of the invoice, calculated from the date of the invoice. In addition,
CONSULTANT may, after giving 10 days' written notice to OWNER, suspend services under this Agreement
until the CONSULTANT has been paid in full all amounts due for services and expenses.
OWNER'S REPRESENTATIVE: Jack Murphy, Director of Parks and Recreation, City of Wichita Falls
BASIC SERVICES: CONSULTANT shall complete the following professional consulting services as Basic
Services, which shall include customary incidental consulting services:
General Task 100 – Pre-design Report– The CONSULTANT shall develop the project scheduling and perform
programming and site analysis services as part of the pre design phase of the project. The pre-
design report process shall include:
Task 110 – Project Schedule –The CONSULTANT shall develop a project schedule detailing start dates, time
lines and completion dates for tasks, mile stones, meetings, and project completion. The schedule
shall indicate project initiation meeting, community meetings, submittal dates, review meetings,
and other pertinent tasks and deadlines. The schedule shall be a CPM chart with the critical path
identified. The schedule shall be submitted to the OWNER’s representative for review and
comment as a hard copy and a digital Microsoft Project file. The CONSULTANT shall revise
schedule as needed. The final schedule shall be submitted to the OWNER.
Task – 112 – QA/QC Plan - All Illustrative Master Plans and renderings are reviewed at each progress
submittal (30%, 60%, 90%, etc) for accuracy and content with a multi-reviewer/multi-reviewed
process. Each sheet of a progress submittal is checked by the originator, redlined by a supervising
reviewer with comments in blue and changes in red, comments and changes are agreed upon by
reviewer and originator, updated by originator with revisions marked off in green, and revised
plans compared against original redlined drawings with each revision made marked of in orange.
Redlines shall be filed and archived as part of project history.
Task 115 – Project Initiation Meeting, City Council Meeting, & Site Visit – The CONSULTANT shall
attend a project initiation meeting with OWNER STAFF and other stakeholders to discuss
programming, concerns, issues, potential information sources, and other issues the OWNER may
have. The initiation meeting shall guide the CONSULTANT throughout the analysis and design
process. The CONSULTANT will also perform a site visit with OWNER STAFF to walk the
project and gain additional information on existing conditions, concerns, and design direction. The
CONSULTANT shall visit the OWNER’s other two cemeteries to review and photograph existing
conditions. The CONSULTANT shall if requested attend a City council meeting in conjunction
with the project initiation meeting and site visit.
Task 117 – Project Development Team (PDT) meetings – The CONSULTANT shall hold periodic PDT
meetings to coordinate with team members and the OWNER via video conferencing if requested to
discuss project schedule, tasks, issues, and work completed. These meetings shall be held
throughout the duration of the design process and extend into general tasks 200 and 300.
Task 120 – Data Gathering – The CONSULTANT shall gather and collect available data relevant to the
project for the site analysis, illustrative master plan and cost estimates.
A. - The CONSULTANT shall gather and collect available data relevant to the cemetery design.
The CONSULTANT shall gather base map information, existing aerial photos, existing
cemetery maps, existing utility data, zoning data from the OWNER, and other available data.
The CONSULTANT shall also collect available FEMA FIRM maps. For all cemeteries the
CONSULTANT shall collect from the OWNER 10 years of sales history, current inventory,
total burials interred, pricing sheet, existing cemetery maps, total acreage of each, operating
budget, and existing pre-need contracts.
B. - Utility Research – The CONSULTANT shall meet with the OWNER and utility companies to
obtain information on existing utilities and future utilities planned for construction.
Task 135 – Site Analysis – The CONSULTANT shall perform a site analysis of the project site based on data
collected and site visit. A summary analysis shall be developed indicating constraints and
opportunities. The CONSULTANT shall provide a 24x36 sheet of summary analysis supplemented
with narrative report on 8 ½ x 11 sheets.
Task 140 – Program Statement –The CONSULTANT shall develop a program statement of the elements and
improvements to be included in the Riverside cemetery expansion based on the project initiation
meeting, the demographic, trends, and market share analysis, and potential burial products not
currently offered analysis.
Task 145 – Pre-design report – The CONSULTANT shall develop a report summarizing the work completed
in the pre-design phase. The report will include discussion on existing and future utilities, existing
conditions, opportunities and constraints, programming, conclusions, and project
recommendations.
Deliverables for general task 100:
Project initiation meeting on-site
Bi-weekly video conference meetings as necessary
Project Schedule
Meeting notes from the project initiation meeting
Summary site analysis
Program Statement
3 hard copies of pre-design report
1 digital copy of pre-design report in PDF format
General Task 200 – Operations, Marketing, and Business Plan – The CONSULTANT shall develop an
operations, marketing, and business plan report. As part of this process the CONSULTANT shall
provide the following:
Task 210 –Historic Performance – The CONSULTANT shall review the historic performance of the
OWNER’s existing cemeteries reviewing annual sales, annual interments, gross revenue,
maintenance costs, operations costs, and net revenue.
Task 215 – Review Existing Conditions – The CONSULTANT shall review & evaluate the existing
conditions of the OWNER’s cemeteries (Riverside, Rosemont/Hillcrest, & LakeView). Consultant
shall identify potential burial infill, improvements for function and aesthetics, & optional burial
products not currently offered at the OWNER’s 3 individual cemeteries.
Task 220 – Current Inventory Analysis - The CONSULTANT shall evaluate the current remaining unsold
inventory at the OWNER’s existing cemeteries listing types and quantities.
Task 225 – Memorialization Changes & Trends – The CONSULTANT shall review and identify trends
locally and nationally in memorialization for lawn interments, cremation inurnments, and crypt
entombments. CONSULTANT shall identify potential burial product not currently offered at the
OWNER cemeteries.
Task 230 – Demographic, Trends, & Market Share – The CONSULTANT shall perform a review of local
demographics, regional census data, and market share of existing City cemeteries.
Task 232 – Potential Market Share – The CONSULTANT shall estimate the potential market share based on
tasks 225 and 230.
Task 235 – Retail Pricing Considerations – The CONSULTANT shall review differentials of value & pricing
by product type and services offered at each cemetery location. The CONSULTANT shall provide
recommendations for pricing of cemetery expansion and existing cemetery inventory.
Task 240 – Marketing Plan – CONSULTANT shall develop the marketing plan based on the final master plan
and market share and demographic share analysis.
Task 245 – Operations, Marketing, and Business Report – The CONSULTANT shall develop a report
summarizing all tasks and information which includes recommendations in product mix, inventory,
services, pricing, pro forma income statements, marketing plan, sales strategies, cemetery
development timing, life cycles, growth strategies, physical improvements to existing cemetery
facilities, maintenance operations improvements, and other recommendations for the Owner’s
entire cemetery operation including the proposed Riverside Cemetery expansion The report will be
a guide for achievement of City cemetery operation self-support at a reasonable point in the future.
Deliverables for general task 200:
Digital copies of tasks 210 thru 240 as needed
3 hard copies of Operations, Marketing, and Business Report
1 digital copy in PDF format.
General Task 300 – Illustrative Master Plan – The CONSULTANT shall develop an illustrative master plan. As
part of the illustrative master plan process the CONSULTANT shall provide the following:
Task 310 – Preliminary Black and White Design Alternatives – The CONSULTANT will develop a
minimum of two separate preliminary design alternatives of the cemetery expansion design based
on the program statement and the site analysis documents. Each alternative shall have an
enlargement of the cremation/estate garden for clarification. The design alternatives shall be
submitted to the OWNER for review. Design alternatives shall indicate the general design of the
project, individual components such as the lawn burials, estate gardens, cremation gardens,
committal pavilions, roads, walks, entries, planting, fencing, monument entries, and other
amenities.
Task 315 – List of Probable Costs – The CONSULTANT shall develop a list of probable costs for each
alternative and submit each to the OWNER for review and comment.
Task 320 – Maintenance needs and costs for each alternative – The CONSULTANT shall develop an
analysis of each concept for maintenance needs and costs. The CONSULTANT shall submit a
narrative report describing these needs and costs.
Task 325 – Pro forma income statement – The CONSULTANT shall develop and submit a pro forma income
statement for each alternative projecting annual gross revenues, costs, and net income.
Task 330 – Review Meeting – The CONSULTANT shall meet with the OWNER staff via video conferencing
to review the preliminary layout to discuss comments and redlines of the preliminary alternatives,
list of probable costs, and pro forma income statements. The OWNER and CONSULTANT shall
select a preferred alternative for revision and refinement into final concept plan. The
CONSULTANT shall record comments and redlines and submit the meeting notes to the OWNER.
Task 335 – The Final Master Plan – The CONSULTANT shall make revisions to the preferred alternative
and develop a final master plan of the cemetery expansion. The final master plan shall be colored
and in presentation format and submitted to the OWNER for review.
Task 340 – Maintenance needs & costs and pro forma income statement for final master plan. The
CONSULTANT shall refine maintenance and pro forma income statements as described in tasks
320 & 325 for the final master plan.
Task 345 – Phasing Plan – The CONSULTANT shall develop a construction phasing plan based on priorities,
pro forma statement and budgets.
Task 350 – Review Meeting - The CONSULTANT shall meet with the OWNER via video conferencing to
review the color final master plan. Comments shall be recorded and submitted to the OWNER for
review.
Deliverables for general task 300:
two separate preliminary design alternatives in hard copy and PDF format
Probable costs estimates for each design alternative and final master plan
Maintenance needs and costs for each design alternative and final master plan
Pro forma statement for each design alternative and final master plan
two Review Meeting w/ OWNER via video conferencing
Meeting notes
Final design alternative in hard copy and DWG format
Color map in presentation quality illustrating Final Plan for the Riverside Cemetery expansion
Construction phasing plan for the Riverside Cemetery expansion coordinated with the
Operations, Marketing, and Business Plan from General Task 200 Phasing plan shall indicate
construction phasing consistent with the tasks from the Operations, Marketing, and Business Plan
to achieve City cemetery operation financial self-support at a reasonable point in the future.
ADDITIONAL SERVICES:
For "Additional Services" or "Other Optional Tasks" a separate "Letter of Amendment" will be prepared, each
subject to the terms and conditions of this Agreement. Said "Letter of Amendment" will define (1) Scope of
Services to be performed, (2) Proposed Schedule of Services, and (3) Cost of Professional Services. Each "Letter of
Amendment" will be mutually agreed upon by the OWNER and CONSULTANT, subject to the terms and
conditions within this Agreement and will be executed by the CONSULTANT and Owner or Designee.
Additional Services may include meetings, travel, legal coordination and special requests as requested by the
OWNER. Additional services may also include but not be limited to professional services related to consulting
design, preparation of additional design alternatives and other professional services.
GENERAL CONDITIONS:
1. Termination—OWNER or CONSULTANT may terminate this Agreement upon 10 days written notice to
CONSULTANT with the understanding that all services being performed under this Agreement shall cease
upon the date specified in such notice. In the event of early termination, CONSULTANT shall invoice
OWNER for all services completed and shall be compensated in an amount corresponding to the amount
designated as compensation for each phase of the work satisfactorily completed and accepted plus an amount
corresponding to the percentage of work satisfactorily completed and submitted to Owner for any phase partly
completed on the effective date of the termination.
2. Ownership & Maintenance of Documents—
A. All Operations, Marketing, and Business Plan and Master Plan documents and digital files prepared
and/or assembled by CONSULTANT under this agreement shall become the property of the OWNER and
shall be delivered to OWNER without restriction on future use. OWNER’s re-use of documents on future
projects will be at the sole risk of OWNER. CONSULTANT may make copies of any and all documents
for its files and re-use information contained therein. CONSULTANT will maintain project records for
three years after the OWNER has made final payment to the CONSULTANT and all other pending matters
are closed and provide copies thereof to OWNER if requested.
B. For Construction Documents: All instruments of professional service prepared by CONSULTANT,
including, but not limited to, drawings and specifications, are copyrighted by the CONSULTANT, and
these documents shall not be reused on other projects without CONSULTANT's written permission. Reuse
shall be at the sole risk of owner. CONSULTANT retains all rights, including the copyright in its
documents. Owner or others cannot use CONSULTANT's documents to complete this Project with others
unless CONSULTANT is found to have materially breached this Agreement. CONSULTANT will
maintain project records for three years after the OWNER has made final payment to the CONSULTANT
and all other pending matters are closed and provide copies thereof to OWNER if requested. This right is
subject to the Texas Public Information Act and any retained copyright documents could be subject to said
act.
C. CONSULTANT reserves the right to include representations of the Project in its promotional and
professional materials.
3. Controlling Law--This agreement is performable and is to be governed by the law applicable in Wichita
Falls, Wichita County, Texas. Sole venue for any action arising under this agreement shall be in Wichita
County, Texas.
4. Assignment of Contract--CONSULTANT shall not assign, sublet or transfer any rights under or interest in
(including, but without limitations, monies that may become due or monies that are due) this Agreement
without the written consent of the other. Unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or responsibility under this
Agreement. Nothing contained in this paragraph shall prevent CONSULTANT from employing independent
consultants, associates, subcontractors, and employees to assist it in the performance of services hereunder.
5. No Third-Party Beneficiaries--Nothing herein shall be construed to give any rights or benefits to anyone
other than OWNER and CONSULTANT.
6. Independent Contractor--In performing services under this agreement, the relationship between OWNER
and CONSULTANT is that of independent contractor, and OWNER and CONSULTANT by the execution of
this Agreement do not change the independent contractor status of CONSULTANT. No term or provision of
this agreement or act of CONSULTANT in the performance of this Agreement shall be construed as making
CONSULTANT or any agent, servant or employee of CONSULTANT the agent, servant or employee of
OWNER.
7. Indemnity--CONSULTANT agrees to release, indemnify, and hold the OWNER harmless against any
claims, suits, and actions for any claims of injury or damage made by or on behalf of CONSULTANT or any of
CONSULTANT’s officers, agents or employees resulting from the CONSULTANT’s negligent errors and
omissions from the performance of this Contract. This indemnity shall not apply to any claim to the extent to
which CONSULTANT is prohibited from indemnifying a governmental entity pursuant to Tex. Local Gov't
Code § 271.904 or other law. Municipalities in the State of Texas cannot indemnify.
8. OWNER Responsibilities
A. OWNER agrees to provide CONSULTANT with all information, reports, and professional
recommendations requested by CONSULTANT, as stated in the tasks from the Basic Services, to provide
its professional services. CONSULTANT may reasonably rely on the accuracy and completeness of these
items.
B. If agreed to by CONSULTANT and OWNER, OWNER may furnish the services of the following
consultants: To be determined.
C. OWNER agrees to advise CONSULTANT of any known or suspected contaminants at the Project site.
OWNER shall be solely responsible for all subsurface soil conditions unless otherwise agreed to in writing.
9. Dispute Resolution--OWNER and CONSULTANT agree to mediate claims or disputes arising out of or
relating to this Agreement as a condition precedent to litigation. The local office of JAMS or Endispute or any
other mediation service acceptable to the parties shall conduct the mediation. Venue for mediation shall lay
exclusively in Wichita County, Texas. A demand for mediation shall be made within a reasonable time after a
claim or dispute arises and the parties agree to participate in mediation in good faith. Mediation fees shall be
shared equally. In no event shall any demand for mediation be made after such claim or dispute would be
barred by applicable law.
10. Entire Agreement and Severability
A. This Agreement is the entire and integrated agreement between OWNER and CONSULTANT and
supersedes all prior negotiations, statements or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both OWNER and CONSULTANT.
B. In the event that any term or provision of this agreement is found to be void, invalid or unenforceable
for any reason, that term or provision shall be deemed to be stricken from this agreement, and the balance
of this agreement shall survive and remain enforceable.
11. Attorneys' Fees-- If any action in law or equity is necessary to enforce this agreement, each party agrees to
pay its own attorney fees and will not seek to recover its attorney fees from the other party. CONSULTANT
understands that pursuant Tex. Loc. Gov't Code Ann. § 271.153(a)(3), the total amount of money awarded in an
adjudication brought against a governmental entity for breach of a contract includes reasonable and necessary
attorney fees that are equitable and just. CONSULTANT expressly waives its statutory rights to recover
attorney fees as outlined in § 271.153(a)(3).
This agreement and said attachments may only be amended, supplemented, modified or canceled by a duly executed
written instrument.
EXECUTED, this the _______ day of ______________________, 20___.
OWNER: City of Wichita Falls, Texas CONSULTANT: ________________________________
_________________________________ __________________________________
Darron Leiker, City Manager
(seal) (seal)
ATTEST: ATTEST:
_________________________________ __________________________________
Tracy Norr, City Clerk
FORM APPROVED:
____________________________
Miles Risley, City Attorney