1999-11-03
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Southlake Crime Control and Prevention District
Board Meeting
November 3, 1999
MINUTES
Board Members Present: President Andy Wambsganss; Members: Peter Gaal, Lou Ann Heath, Pam
McCain, Bob Mundlin, Frank Pittman, and Martin Schelling.
Staff Present: Assistant City Manager Shana Yelverton, Public Safety Director Garland Wilson,
Public Works Director Ron Harper, Chief of Police Services Gary Gregg, Chief of Fire Services
Ricky Black and Communications Supervisor Jenise L. Birks.
Agenda Item No. 1. Call to Order.
President Wambsganss called the meeting to order at 7:00 p.m.
Agenda Item No. 2. Executive Session. President Wambsganss announced that the Board would be
going into Executive Session pursuant to the Open Meetings Act, Chapter 551 of the Texas
Government Code, Section 551.072, land acquisition.
SCCPD adjourned for Executive Session at 7:00 p.m.
SCCPD returned to Open Session at 7:20 p.m.
Agenda Item No. 3. Reconvene.
There was no action necessary as a result of the Executive Session.
Agenda Item No. 4. Administrative Comments.
There were no administrative comments.
Agenda Item No. 5A. Approval of the September 22, 1999 meeting minutes.
Board member Pittman stated that he believed the discussion on the sales tax report for the minutes of
September 22 were misleading. For further clarification, he would like the minutes to include the
comments he made at the September 22 meeting.
President Wambsganss suggested that the minutes not be considered tonight but be placed on the
agenda for the next regular meeting of the Board.
SCCPD MEETING MINUTES NOVEMBER 3, 1999
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Agenda Item No. 6A. Authorize funding for the City of Southlake to enter into a professional
services agreement with Phillips Swager Associates, architects, for the design of the proposed
west public safety facility.
Assistant City Manager Shana Yelverton introduced Public Works Director Ron Harper. Ms.
Yelverton stated that once the new construction manager starts, November 15, almost all of the
construction projects will be pulled under the public works department for management. Therefore,
Mr. Harper has been included in the architectural process, and both Mr. Harper and Garland Wilson
have been working with the architects on the contract.
Ron Harper explained that this is a standard contract that is used for all of the city's building
construction. Mr. Harper stated that the city attorneys rewrote the original contract submitted by
PSA, and he believes the contract to be fair for both parties. He stated that the contract proposes a
fee of $342,500 payable to PSA. Mr. Harper explained that the contract stipulates that PSA will be
responsible for the geotechnical and civil engineering portion of the project and for all preliminary
work needed to get this site through the Planning and Zoning Commission and City Council. Mr.
Harper explained that the reimbursable expenses on an architectural contract are common, however,
because there is no dollar amount included in the contract, staff would recommend that the Board
include in their motion direction to staff to limit the reimbursable expenses to 10% of the total basic
compensation. This would mean a total cost for the contract of $376,750. Mr. Harper stated that the
City is able to manage the reimbursable expenses because the architect has to justify those expenses
on a monthly basis. Board member Heath asked about the estimate of construction cost that the
contract is based upon. Mr. Harper explained that the contract was not actually based on a percentage
of construction cost. He commented that staff asked PSA to analyze the amount of work it would take
as the basis for the contract (number of hours, types of personnel, etc.). Garland Wilson commented
that the budget for this facility is estimated at $3.4 million in the CIP.
Board member McCain asked if staff has had problems with architectural design and engineering
services in the past. Mr. Harper commented that there was a problem on Town Hall when staff
retained its own geotechnical engineer, which caused a little time delay. He commented that staff has
found that if the architect hires the geotechnical engineer and the civil engineer and is responsible for
the work they do then they are more inclined to make sure they get the right information. Ms.
McCain also asked why the things listed in the reimbursables were not included in the contract. Mr.
Harper explained that those types of things are common and usually listed in reimbursables. Staff is
asking that the Board limit those to 10% of the fee, which is also a common percentage. He stated
that it is a manageable in-house expense. Board member Schelling asked if staff was comfortable
with the description of "normal" drainage engineering. Mr. Harper commented that staff was
comfortable with the description, and he stated that staff has met with PSA and they are aware of the
unique nature of the site.
Board member Pittman recommended that under section 11.5 of the contract, a reciprocal statement
be included on behalf of the City reflecting that the "owners are not obligated to indemnify the
architect in any manner whatsoever for the architects own negligence." He commented that the clause
either needed to be removed or the same language be provided for the City. Mr. Harper said that he
would check further with the city attorneys on this issue.
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Mr. Harper clarified for the record that the 10% reimbursable is an additional $34,250.00 which
would provide a total cost of the contract not to exceed $376,750.00. He stated that changes to the
contract will also include changing section 10.3 to reflect that the reimbursables will be capped at
10% of the basic fee. Mr. Harper stated that PSA will have to make a separate request for approval
if there are any additional fees to this basic contract.
Motion was made to authorize funding for the City to enter into a contract with Phillips Swager
Associates with the recommended changes to the contract as discussed including capping reimbursable
expenses to 10% and rewording section 11.5 to include an equivalent negligence clause for the
architect.
Motion: McCain
Second: Pittman
Ayes: Gaal, Heath, McCain, Mundlin, Pittman, Schelling, Wambsganss
Nays: none
Approved: 7-0
Agenda Item No. 7A. Discussion: Sales Tax Report.
Finance Director Sharen Elam stated that the final actual collections were within $1,575 of the
estimated for FY98-99 budget. There were no questions from the Board.
Agenda Item No. 8. Adjournment.
President Wambsganss commented that the next meeting would not be until January 5, 2000.
There being no further business to discuss the meeting was adjourned.
Andy Wambsganss, President
ATTEST:
Jeni e L. Birks
Communications Supervisor
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