2006-08-01 SPDC Packetl_�l. i.J' lJl 1.7V 11 �ltlll4{llt7�.V' ,�vAss�
SOUTHLAKE PARKS DEVELOPMENT CORPORATION BOARD
MEETING
August 1, 2006
4:30 p.m.
LOCATION: Southlake Town hall
City Council Chambers
1400 Main Street
Southlake, Texas
REGULAR SESSION:
1. Call to order.
2. Executive Session: Pursuant to the Open Meetings Act, Chapter 551 of the
Texas Government Code, Section 551.071, consultation with attorney, Section
551.072, deliberation regarding real property, and/or Section 551.073,
deliberation regarding prospective gift, Executive Session may be held for the
Southlake Parks Development Corporation to seek advise from the City
Attorney as to the posted subject matter of this Southlake Parks Development
Corporation meeting.
3. Reconvene: Action necessary on item discussed in Executive Session.
4. PUBLIC FORUM
5. ADMINISTRATIVE COMMENTS — No items this agenda
CONSENT AGENDA:
All items listed below are considered to be routine by the Southlake Parks Development
Corporation Board and will be enacted with one motion. There will be no separate discussion
of items unless a Board member or citizen so requests, in which event the item will be removed
from the general order of business and considered in its normal sequence.
6. Consent:
A. Approval of the minutes from the July 17, 2006 Southlake Parks Development
Corporation regular meeting.
B. Approval of the minutes from the July 17, 2006 Joint Southlake Parks Development
Corporation and Parks Board meeting.
REGULAR AGENDA:
7. Consider:
SPDC Meeting
Page 2 of 3
A. Recommendation to enter into a professional services agreement with Halff and
Associates for architectural design and engineering of Royal and Annie Smith
Park and Liberty Park at Sheltonwood.
8. Discussion: No items this agenda.
9. Adjournment.
CERTIFICATE
I hereby certify that the above agenda was posted on the Official Bulletin Boards at Town Hall,
1400 Main Street, on Friday, July 28, 2006 at 5:00 p.m. pursuant to the Texas Government
Code, Chapter 551.
p •.
Lori A. Farwell, TRMC » v J
City Secretary
Ifyou plan to attend this meeting and have'tt=XQWy that requires special needs, please advise
the City Secretary's Office 48 hours in advance at (817) 748-8016, and reasonable
accommodationx will be made to assist you.
SPDC Meeting
Page 3 of 3
EXECUTIVE SESSION
Southlake Parks Development Corporation Board
SECTION 551.071 CONSULTATION WITH ATTORNEY
The Southlake Parks Development Corporation Board may conduct a private consultation with
its attorney when the Board seeks the advise of its attorney concerning any item on this agenda,
about pending and contemplated litigations, or a settlement offer, or on a matter in which the
duty of the attorney to the Southlake Parks Development Board under the Texas Disciplinary
Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551.
SECTION 551.072 DELIBERATION REGARDING REAL PROPERTY
The Southlake Parks Development Corporation Board may conduct a closed meeting to
deliberate the purchase, exchange, lease or value of real property.
SECTION 551.073 DELIBERATION REGARDING PROSPECTIVE GIFT
The Southlake Parks Development Corporation Board may conduct a closed meeting to
deliberate a negotiated contract for a prospective gift or donation to the City.
A FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A
CLOSED MEETING MAY ONLY BE MADE IN OPEN SESSION.
City of Southiake, Texas
MEMORANDUM
July 21, 2006
TO: SPDC Board of Directors
FROM: Steve Polasek, Director of Community Services
SUBJECT: Agenda Item Comments and Other Items of Interest for Southlake Parks
Development Corporation Regular Meeting — Monday, August 1, 2006
Please note the meeting time and location — Monday,.Aygust 1s, at 4:30 .m. in Town Hall
Council Chambers.
1. Agenda Item No. 4. PUBLIC FORUM_: This is the public's opportunity to address the
Corporation about non -agenda items. During this proceeding it is important that the
Corporation not deliberate (discuss among yourselves) or take action on any item brought
up at this time. The Corporation's options during this topic are 1) to listen, 2) ask
questions and respond to the presenter only, 3) request staff to look into the issue and
report back to the Corporation or 4) request that the Chair put the item on a future agenda
for the Corporation to discuss or consider.
2. Agenda Item No. 6A and 6B. Consent: Approval of the minutes for the SPDC meeting
held Jul 17 2406 and the Joint SPDC and Parks Board meeting held July 17 2006. If
you have corrections to the meeting minutes, please let Deputy City Secretary Tara
Brooks know in advance or make it part of the motion for consideration. Tara can be
reached via e-mail at tbrooks ci.southlake.tx.us or by calling her at (817) 748-8015.
3. Agenda Item No. 7A. Consider: Recommendation to enter into a rofessional services
a reement with Halff and Associates fox architectural deli n and engineering of Royal
and Annie Smith Park and Liberty Park at Sheltonwood. Staff contacted ten
architectural/engineering firms and requested submittals of interest in regards to the
design of Smith Park and Liberty Park at Sheltonwood. Six firms submitted information
and staff reviewed and scored their portfolios with the top two firms being invited for
personal interviews. Based on their submittals and interview staff is recommending
Halff and Associates to perform the architectural design and engineering services
associated with this project.
Halff and Associates is a well known firm in the Dallas/Fort Worth area. They have
provided their professional services to a number of communities throughout the State
including Rowlett, Frisco, Hurst, Mansfield, North Richland Hills, Dallas, Corpus
Christi, Flower Mound, and Cedar Hill. Halff and Associates have completed
numerous projects similar in nature to the planned improvements such as Shepherds
Hill Park in Frisco, Sun Creek Neighborhood Park in Allen, and Mustang Park in
Murphy.
SPDC Board of Directors
Board Meeting — Tuesday, August 1, 2006
Page 2
Typical services to be provided by Halff and Associates as a part of the proposed
contract include conceptual design, schematic design, construction documentation and
specifications, cost estimation, assistance in pre -bid and pre -construction meetings,
construction administration to include pay submittal review and progress analysis, shop
drawing review, and responsibility for clarification of construction issues as needed.
Funding in the amount of $753,000 for improvements at Smith Park ($237,000) and
Liberty Park at Sheltonwood ($516,000) is included in the approved SPDC Capital
Improvements Program and Park Dedication Fund. The proposed agreement for design
and engineering services (includes surveying and geo-tech) is $98,500 or 13% based on a
total project budget of $753,000, with an additional $4,000 for reimbursable expenses.
The proposed agreement has been reviewed by the City Attorney and Parks Board
recommended approval (8--0) at their July 10, 2006 meeting. City Council will consider
this item immediately following SPDC at their August 1, 2006 meeting.
4, Other item included in your packet for your information:
0 Sales Tax Report
• Capital Projects Status Report
We appreciate your commitment and service to the City. If you have any questions regarding the
agenda or materials, please feel free to contact me at (817) 748-8018.
611%
STAFF CONTACT INFORMATION:
Steve Polasek, Director of Community Services, (817) 748-8018
Chris Tribble, Deputy Director of Community Services (817) 748-8021
Sharen Jackson, Director of Finance, (817) 748-8042
SOUTHLAKE PARKS DEVELOPMENT CORPORATION MEETING:
DATE and TIME: JULY 17, 2006 — 5:00 p.m.
LOCATION: Southlake Town Hall — Room 3c/d
1400 Main Street — Southlake, Texas
Board Members Present: Vice -President Carolyn Morris, Secretary Sherry Berman and Board
Members Elaine Cox, Laura K. Hill, Mike Mills, and Virginia M. Muzyka.
Board Members Absent: Greg Jones
Staff Present: Director of Community Services Steve Polasek, Deputy Director of Community Services
Chris Tribble and Deputy City Secretary Tara Brooks
Agenda Item No. 1.Call to order.
The meeting was called to order by Vice -President Morris at 5:00 p.m.
Agenda Item No. 2. Executive Session / Agenda Item No. 3 Reconvene.
No Executive Session was necessary.
Agenda -Item No. 4. Public Forum.
No one spoke during the public forum.
Agenda Item No. 5. Administrative Comments.
No items this agenda.
CONSENT AGENDA:
Agenda Item No. 6A. A roval of the minutes for the SPDC meetia held June 20 2006.
Motion was Evade to approve the minutes of ,Tune 20, 2006, as presented.
Motion: Muzyka
Second:
Berman
Ayes:
Berman, Cox, Hill, Mills, Muzyka, Morris
Nays:
None
Approved:
6-0
REGULAR AGENDA:
Agenda Item No. 7A. Recommendation of award of bid to TurnKev Environmental for asbestos
abatement at Bob Jones Nature Center. Director Polasek presented this item to the Board. Staff will
Unofficial Southlake Parks Development Corporation Meeting Minutes, July 17, 2006 (5:00 p.m.)
Page 1 of 3
�aA-1
check to determine if vendor's payment terms allow for a discount if paid within 10 days of receipt of
invoice, The Board discussed this item.
Motion was made to approve the expenditure for TurnKey Environmental to do the asbestos
abatement at the Nature Center.
Motion: Cox
Second: Muzyka
Ayes: Berman, Cox, Hill, Mills, Muzyka, Morris
Nays: None
Approved: 6-0
Agenda Item No. 7B. Recommendation for approval of the designs for the Bob Jones Park
parking lot improvements. Director Polasek and Deputy Director Tribble presented this item. The
Board discussed the function and maintenance issues involved with an ecological -friendly designed
parking lot using rocks, wheel stops and grass -stone pavers and irrigation and landscaping
improvements. Several members favored requesting additional funds to cover construction of additional
parking spaces, from the proposed 122 to 150 spaces, and making changes to the proposed material
composition (grass -stone pavers vs. concrete) of the parking lot.
Motion was made to send the Bob Jones Park parking lot improvements item back to Parks Board
to consider revisions from paver parking spaces to concrete, increase total number of spaces to
approximately ISO and to reduce number of wheel stops
Motion: Berman
Second: Mills
Ayes: Berman, Cox, Hill, Mills, Muzyka, Morris
Nays: None
Approved: 6-0
Agenda Item No. 8. discussion.
There were no items for discussion.
Aizenda Item No. 9. Adjournment.
With there being no other business to discuss, Vice -President Morris adjourned the meeting at 5:????
p.m.
Carolyn Morris
ATTEST: Vice -President
Steve Polasek
Director of Community Services
A CASSETTE TAPE RECORDING OF THE MEETING IS AVAILABLE FOR REVIEW IN THE
OFFICE OF THE CITY SECRETARY.
Unofficial Southlake Parks Development Corporation Meeting Minutes, July 17, 2006 (5:00 p.m.)
Page 2 of 3
Unofficial Southlake Parks Development Corporation Meeting Minutes, July 17, 2006 (5:00 p.m.)
Page 3 of 3
(.,k `5
JOINT MEETING of SOUTHLAKE PARKS DEVELOPMENT CORPORATION AND PARKS
AND RECREATION BOARD:
DATE and TIME: JULY 17, 2006 -- 6:00 p.m.
LOCATION: Southlake Town Hall — Room 3c/d
1400 Main Street — Southlake, Texas
SPDC Board Members Present: Vice -President Carolyn Morris, Secretary Sherry Berman and Board
Members Elaine Cox, Laura K. Hill, Gregory Jones, Mike Mills, and Virginia M. Muzyka.
SPDC Board Members Absent: None
Parks and Recreation Board Members Present: Chairman Mary Georgia; Vice -Chair Mike Mills;
Board Members Emily Galpin Katrina Peebles and John Slocum
Parks and Recreation Board Members Absent: Ken Goodman, Cara White, Bobby Rawls, and Liz
Durham
Staff Present: Director of Community Services Steve Polasek, Deputy Director of Community Services
Chris Tribble and Deputy City Secretary Tara Brooks
Agenda Item No. 1. Call to order of the Joint Meeting of the SPDC and Parks Board.
The meeting was called to order by Parks Chairman Georgia and SPDC Vice -President Morris at 6:23
p.m.
Agenda Item No. 2. Administrative Comments.
No items this agenda.
A enda Item No. 3. Consent.
No items this agenda.
A enda Item. No. 4. Public Forum.
Parks Chairman Georgia opened Public Forum. Being no one present to speak during Public Forum,
SPDC Vice -President Morris closed Public Forum.
REGULAR AGENDA:
SPDC and Park Board A enda Item No. SA. Consider: Recommendation of proposed SPDC
Capital Improvement Plan and Fiscal Year 2006-07 SPDC Capital Budget. Public Hearing.
Director Polasek presented the proposed CIP budget, the Plan and the detailed CIP Project Request
forms to the Park Board and SPDC.
Unofficial Southlake Parks Development Corporation Meeting Minutes, July 17, 2006 (6:00 p.m.)
Page 1 of 4
LeQJ-- 1
Both boards discussed this item.
The aging of Adventure Alley was discussed and Board members desired to move the playground up to
the FY 2007-08 budget as a placeholder. It was noted that once the schematic design for the overall
improvements to Bicentennial Park is completed by Schrickel, Rollins and Associates, the Adventure
Alley item as well as others that may surface once the composite design of the park is known, will be
brought back at a joint meeting of the Boards for consideration of modifications to the out -year funding
items.
Board members also desired to move the Coker and Farhat properties farther out in the Capital
Improvement Plan. It was suggested to remove the Coker item from the CIP altogether because of its
location and because it may be more desirable as another use rather than as a city park.
Concern was expressed about the condition of the present community services office building. This issue
is being investigated and future plans have been considered to renovate the Evans property on Shady
Oaks Drive to accommodate recreation staff and to house park maintenance offices at the service facility
on Continental Boulevard.
A recreation center remains on the priority list and as Southlake's population and commercial
developments continues to grow, it could be a reality within the next 10 years. A suggestion for
alternative opportunities to fund some of the unfunded items such as a recreation center or a performing
arts center may be through solicitation of endowments or benefactors.
Staff recapped the board's discussion. With the understanding that a master plan for Bicentennial
Park is now under development, both boards support the Bicentennial Park project as it relates to
moving $115,000 for eastside drainage and $302,000 for Adventure Alley items to FY 2007-08;
shifting $266,000 for Kirkwood -Saber to FY 2009-10; and $70,000 and $10,000 for Coker Trail to
FY 2009-10. Another adjustment was to reduce the Matching Funds from $400,000 to $200,000 in
FY 2007-08 and every year thereafter.
Parks Board Action:
A motion was made to accept as summarized by staff during discussion.
Motion:
Mills
Second:
Galpin
Ayes:
Galpin, Georgia, Mills, Peebles and Slocum
Nays:
None
Abstention:
None
Vote:
5-0
Motion carried.
SPDC Action:
Vice -President Morris opened Public Hearing. No one was present to speak. Public Hearing was closed.
Unofficial Southlake Parks Development Corporation Meeting Minutes, July 17, 2006 (6:00 p.m.)
Page 2 of 4
Motion was made to adopt the motion just passed by the Parks Board.
Motion:
Jones
Second:
Muzyka
Ayes:
Berman, Cox, Hill, Jones, Mills, Muzyka, Morris
Nays:
None
Vote:
7-0
Item for future consideration:
The Park Board was asked to consider at a future time a request by Old Union Elementary School
administration to name the pond at Noble Oaks Park in memory of a prominent science teacher who
used the pond extensively in her classes and who died of meningitis a few years ago.
Agenda .Item No. 7. Adjournment of the Parks Board.
A motion was made adjourn the Park Board meeting at 6:45 p.m.
Motion:
Peebles
Second:
Slocum
Ayes:
Galpin, Georgia, Mills, Peebles, Slocum
Nays:
None
Abstention:
None
Vote:
5-0
Motion carried.
SPDC Agenda Item No. SIB, Approval of proposed FY 2006-07 SPDC Operating Budget. Public
Hearing. Director Polasek presented this item. The Board discussed funding of operational and capital
items.
Several Board members expressed reservations about inclusion of some capital items although allowed
by State Law. The intent, as they understand the use of capital funds, is for the development and
acquisition of parks.
Vice -President Morris opened Public Hearing. No one was present to speak. Public Hearing was closed.
Motion was made to approve the Fiscal Year 2006-07 SPDC Operating Budget
Motion:
Muzyka
Second:
Cox
Ayes:
Berman, Cox, Hill, Jones, Mills, Muzyka, Morris
Nays:
None
Vote:
7-0
Agenda Item No. 6.Discussion.
There were no items for discussion.
Agenda Item No. 7. SPDC Adjournment.
Unofficial Southlake Parks Development Corporation Meeting Minutes, July 17, 2006 (6:00 p.m.)
Page 3 of 4
Lo e> . 25
With there being no other business to discuss, Vice -President Morris adjourned the meeting at 7:16 p.m.
Mary Georgia
Parks Board Chairman.
Carolyn Morris
SPDC President
ATTEST:
Steve Polasek
Director of Community Services
A CASSETTE TAPE RECORDING OF THE MEETING IS AVAILABLE FOR REVIEW IN THE
OFFICE OF THE CITY SECRETARY.
Unofficial Southlake Parks Development Corporation Meeting Minutes, July 17, 2006 (6:00 p.m.)
Page 4 of 4
City of Southlake, Texas
MEMORANDUM
July 20, 2006
TO: Southlake Parks Development Corporation
FROM: Steve Polasek, Director of Community Services
SUBJECT: Recommendation to enter into a professional services agreement with Halff
and Associates for architectural design and engineering of Royal and Annie
Smith Park and Liberty Park at' Sheltonwood
Action Requested: SPDC recommendation to enter into a professional services agreement with Halff
and Associates for the architectural design and engineering of Royal and Annie
Smith Park and Liberty Park at Sheltonwood for an amount not to exceed
$98,500, with an additional $4,000 for reimbursable expenses (fees, printing
costs) .
Background
Information: Staff contacted ten architectural/engineering firms and requested submittals of
interest and background information from each in regards to the design of Smith
Park and Liberty Park at Sheltonwood. Six firms submitted information and staff
reviewed and scored their portfolios and letters of interest, evaluating them in ten
different categories with the top two firms (Halff and Associates and Teague,
Nall, and Perkins) being invited for personal interviews. During the interviews,
Halff and Associates demonstrated good presentation and communication skills, a
strong desire to work with the City, and an indication that they were capable of
meeting the time frames established for the project.
Halff and Associates is a well known firm in the Dallas/Fort Worth area. They
have provided their professional services to a number of communities throughout
the State including Rowlett, Frisco, Hurst, Mansfield, North Richland Hills,
Dallas, Corpus Christi, Flower Mound, and Cedar Hill. Halff and Associates
have completed numerous projects similar in nature to the planned improvements
such as Shepherds Hill Park in Frisco, Sun Creek Neighborhood Park in Allen,
and Mustang Park in Murphy.
Typical services to be provided by Halff and Associates as a part of the proposed
contract include conceptual design, schematic design, construction documentation
and specifications, cost estimation, assistance in pre -bid and pre -construction
meetings, construction administration to include pay submittal review and
progress analysis, shop drawing review, and responsibility for clarification of
construction issues as needed.
Financial
Consideration: Funding in the amount of $753,000 for improvements at Smith Park ($237,000)
and Liberty Park at Sheltonwood ($515,000) is included in the approved SPDC
Capital Improvements Program and Park Dedication Fund. The proposed
Southlake Parks Development Corporation
July 20, 200E
Page 2
agreement for design and engineering services is $98,500 or 13 % based on a total
project budget of $753,000, with an additional $4,000 for reimbursable expenses.
Financial Impact: Funding for the design and engineering for the proposed improvements are
included within the proposed funding sources.
Citizen Input/
Board Review: Parks Board reviewed and recommended approval (8-0) at their July 10, 2006
meeting.
City Council will consider this item immediately following SPDC at their August
1, 100E meeting.
Legal Review: The proposed contract with Halff and Associates for design services relating to
improvements at Smith Park and Liberty Park at Sheltonwood has been reviewed
by the City Attorney.
Alternatives: Alternatives may include:
■ SPDC recommendation to approve as submitted.
it SPDC discussion and input.
■ SPDC decision not to recommend the proposed contract as presented.
Supporting
Documents: Supporting documents include the following:
■ Copy of proposed contract with Halff and Associates
Staff
Recommendation: SPDC recommendation to City Council to enter into a professional services
agreement with Halff and Associates for the architectural design and engineering
of Smith Park and Liberty Park at Sheltonwood for an amount not to exceed
$98,500, with an additional $4,000 for reimbursable expenses (fees, printing
costs).
rJ Ih�-'�-
Southlake Parks Development Corporation
July 20, 2006
Page 3
PROFESSIONAL SERVICES CONTRACT
ROYAL AND ANNIE SMITH PARK 1 LIBERTY PARK AT SHELTONWOOD
CITY OF SOUTHLAKE
This Professional Services Contract ("Contract") is hereby made to be effective on
2006 ("Effective Date") by and between the City of Southlake, Texas (the "City"),
a municipal corporation located in Tarrant County, Texas, and Halff Associates, Inc. ("Engineers"), a
corporation authorized to do business in the State of Texas. For convenience, the City and Engineer may
be referred to hereinafter collectively as the "parties" and individually as a "party."
WHEREAS, the City desires to retain the professional services of Engineer to include generally
the planning, design and drafting of construction documents, surveying and geotechnical services, and
limited construction observation and administration for Royal and Annie Smith Park and Liberty Park at
Sheltonwood, City of Southlake, Texas, hereinafter called "Project"; and
WHEREAS, Engineer represents that it is qualified and capable of performing the architectural,
engineering, and planning work and services proposed herein for this Project and is willing to enter into
this Contract with City to perform said work and services;
NOW, THEREFORE, the parties, in consideration of the terms and conditions contained herein,
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, do hereby agree as follows:
I.
Definitions
A. Unless stated otherwise in this Contract, the terms contained in this Contract shall have the
meaning described in this Article I. Any term not defined in this Article I shall be interpreted in
accordance with its common meaning or, if more appropriate, in accordance with the meaning commonly
understood in the construction or architectural industry.
(1) Basic Professional Services —means the work and services of Engineer and Engineer's
employees, agents and subcontractors to be provided to the City pursuant to the terms of this Contract.
(2) Bidding Documents -means the documents consisting of the bidding requirements,
proposed contract forms, General and Supplementary Conditions, specifications and drawings related to
the Project which are to be submitted to prospective bidders on the Work.
(3) Certificate of Substantial Completion ---means a document issued by Engineer that
represents Engineer's certification and representation to the City that in the Engineer's opinion and to the
best of the Engineer's knowledge, information and belief: (a) that the Work has been substantially
completed, (b) that the observed portions of the Work are in general compliance with the Construction
Documents, and (c) that the improvements are ready to be used by the City for their intended purpose,
save and except for any items that need to be completed by the general contractor as identified on
Engineer's Punch List.
elk-,6
Southlake Parks Development Corporation
July 20, 2006
Page 4
(4) Certificate of Final Completion —means a document issued by Engineer that represents
Engineer's certification and representation to the City that in the Engineer's opinion and to the best of the
Engineer's knowledge, information and belief. (a) that the observed portions of the Work are fully
complete, (b) that the observed portions of the Work are in general compliance with the Construction
Documents, (c) that the improvements are ready to be used by the City for their intended purpose, and (d)
that the general contractor has addressed and corrected items listed on Engineer's Punch List to
Engineer's satisfaction.
(5) Construction Contract —means the contract entered into between the City and a general
contractor to perform the Work.
(6) Construction Bidding Phase —means that phase of the Project that begins after the City's
approval of the construction plans, designs and specifications and that ends upon the City's award of the
Construction Contract.
(7) Construction Document Phase —means that phase of the Project that begins after the
City's authorizes Engineer to draft final construction plans, designs and specifications with respect to the
Project and that ends when the City approves such documents and submits the project far public bidding.
(8) Construction Documents —means all final documents, plans and specifications that are
related to the Project and that are promulgated by and bear the seal of Engineer pursuant to this Contract
and shall consist of detailed drawings and specifications setting forth the quality levels of materials and
systems and other requirements for the construction of the Project.
(9) Construction Observation and Administration Phase --means that phase of the Project
that begins after the City awards the Construction Contract and that ends upon the issuance by Engineer
of a Certificate of Final Payment or upon the expiration of 60 days after the date of substantial
completion, whichever is earlier.
(10) Contract Documents —means this Contract, the Construction Contract, and the
Construction Documents.
(11) Contract Observation and Administration Services —means that portion of the
Engineer's work and services under this Contract whereby Engineer takes certain steps during the
Construction Phase as provided in this Contract to assist City staff in charge of the Project to ensure that
the Work is performed in accordance with the terms, conditions, requirements and specifications of the
Construction Documents.
(12) Contract Time --means the total length of time to complete the Project from the
commencement date of the Construction Contract.
(13) Cost of Work —means the total amount of funds to be expended by the City under the
Construction Contract to complete the Project. The Cost of Work shall include the cost at current market
rates of labor and materials furnished by the City and any equipment designed, specified, selected or
specially provided for by Engineer, including the Contractor's cost of management or supervision of the
construction, plus allowance for overhead and profit. The Cost of Work shall further include a reasonable
allowance for contingencies for market conditions at the time of bidding and for changes in the Work
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Southlake Parks Development Corporation
July 20, 2006
Page 5
during construction. The Cost of Work shall not include the fees for Engineer's services under this
Contract.
(14) Design Development Phase —means the phase of the Project that begins when the City
authorizes Engineer to develop and draft drawings and specifications for the City's approval which
describe in detail the architectural, mechanical, electrical, aesthetic and other technical aspects of the
Project, and that ends when the City authorizes Engineer to finalize such drawings and specifications.
(15) Final Certificate for Payment —means a document issued by Engineer that represents
Engineer's certification and representation to the City that in the Engineer's opinion and to the best of the
Engineer's knowledge, information and belief that the Project is complete and that the City may convey
the balance of the Contract Sum to the general contractor.
(16) Job Site —means the location where the Work is being performed under the Construction
Contract.
(17) Project Manual —means the documents setting forth the terms and conditions of the
Construction Contract, Project specifications, bidding requirements and sample forms.
(18) Punch List —means the list of items promulgated by Engineer that needs to be repaired,
replaced, completed or corrected by the general contractor prior to Engineer issuing a Final Certificate for
Payment.
(19) Schematic Design Phase —means the phase of the Project that begins on the Effective
Date of this Contract whereby Engineer will develop and draft preliminary drawings and specifications
for the City's approval which describe generally the conceptual design for the Project, and that ends when
the City approves of said preliminary drawings and specifications.
(20) Work —means the general contractor's provision of labor and materials for the
construction of the parking areas in accordance with the terms and specifications of the Contract
Documents.
11.
Terms and Conditions
A. EMPLOYMENT OF THE ENGINEER
Engineer agrees to perform Basic Professional Services and limited Construction Observation and
Administration Services for the City in connection with the Project as set forth in this Contract, and the
City agrees to pay, and Engineer agrees to accept payment, as set forth in this Contract, as full and final
compensation for all such services.
B. CONTRACT MANAGEMENT
The Director of Community Services ("Director") or his designated representative shall administer
and manage this Contract on behalf of the City, and Lenny Hughes, RLA, or his designated representative
shall administer and manage this Contract on behalf of Engineer.
K-S
Southlake Parks Development Corporation
July 20, 2006
Page 6
C. BASIC PROFESSIONAL SERVICES
(1) Scope of Services. The scope of the Basic Professional Services includes generally:
providing professional consultation, planning, design, and architectural/engineering services, furnishing
customary surveying, geotechnical, engineering, and landscape architectural services incidental thereto,
preparation and development of schematic designs, construction plans and specifications, assisting in
bidding and negotiations, and Construction Observation and Administration Services with respect to the
Project. Basic Professional Services, as described specifically in Exhibit A, attached hereto, shall also
include Engineer's presentations at up to eight meetings with the City including„ but not limited to, City
Council and Park Board, and to conduct stakeholder meetings to seek public input and participation. All
such meetings will be held at a designated City facility or location.
(2) Quality of Services. Engineer's Basic Professional Services and Additional Services shall
be performed with the same degree of professional skill, speed and care as would be expected from other
licensed Engineers in the Dallas/Ft. Worth metroplex area. Engineer shall promptly notify the City about
and promptly correct any negligent designs or specifications furnished by Engineer at no cost to the City.
The City's approval, acceptance, use of or payment for all or any part of the Engineer's services under
this Contract, or of the Project itself, shall in no way alter the Engineer's obligations or the City's rights
under this Contract. Notwithstanding Owner's approval of the Construction Documents, Engineer agrees
to provide Construction Documents and specifications that will be sufficient and adequate to fulfill the
purposes of the Project.
(3) Timeliness of Services. The Engineer shall submit for the City's approval a schedule for
the performance of the Basic Professional Services which shall be consistent with the time periods
described in Article 11, Section G of this Contract. Such schedule shall include allowances for periods of
time required for the City's review and for approval of submissions by other authorities having
jurisdiction over the Project. Engineer's completion of the Basic Professional Services shall not exceed
the time limits established by this Contract, unless such delay is approved in writing by the City for good
cause shown in the City's sole estimation. For the purposes of this section 2 only, "good cause" may
include, but may not be limited to, events that are beyond the Engineer's control.
(4) Basis of Services. In developing the designs and specifications for the Project, Engineer
shall consider the value of alternative materials, building systems and equipment, together with other
considerations based on the City's budgeting and aesthetics concerns.
(5) Approval of Services. Engineer shall submit design documents to the City at intervals
appropriate to the design process for the purposes of the City's evaluation and approval of same.
Engineer shall be entitled to rely on approvals received from the City in the further development of the
design.
(6) Phases of the Project. The Project shall be divided into the following phases: Schematic
Design Phase, Design Development Phase, Construction Document Phase, Construction Bidding Phase,
and Construction Observation and Administration Phase. Engineer's Basic Professional Services shall
vary with each phase of the Project as described below.
(a) Schematic Design Phase —the Basic Professional Services for the Schematic
Design Phase of the Project shall include the following:
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(i) Reviewing the Project objectives furnished by the City to determine the
requirements of the Projects and shall arrive at a mutual understanding of such
requirements with the City;
(ii) Advising the City as to the necessity of the City providing or obtaining data
or services from third parties;
(iii) Conduct stakeholder meetings to seek public input and participation in the
conceptual design of the parks.
(iv) Developing and drafting preliminary, schematic design drawings and
specifications for the City's approval which shall: describe generally the conceptual
design of the Project; take into account the City's objectives, scheduling and
budgeting concerns; illustrate the scale and relationship of the Project components;
and include a conceptual site plan, sections and elevations as may be warranted;
and
(v) Submitting to the City a preliminary estimate of the Cost of Work based on
current area, volume or other unit cost.
(b) Design Development Phase— the Basic Professional Services for the Design
Development Phase of the Project shall include the following:
(i) Preparing documents consisting of drawings and specifications for the
City's approval which describe in detail the architectural, mechanical, electrical,
aesthetic, landscaping, and other technical aspects of the Project based on the
City's approval of the preliminary schematic design drawings and specifications
and any approved modifications thereof. Such documents and specifications shall
be sufficient and adequate to fulfill the purposes of the Project and shall include the
following, as appropriate:
(A) Plan views in appropriate scale
(B) Sections where appropriate
(C) Elevations where appropriate
(D) Typical details (architectural, structural, other)
(E) Outline specification in CS1 format;
00 Coordinating with appropriate governmental authorities for compliance
with applicable codes, ordinances, and laws;
(iii) Advising the City of any adjustments to Engineer's preliminary estimate of
the Cost of Work;
(iv) Providing two blue -line sets of the documents described in Article, 11,
Section 6(b)(i) above to the City. The cost of providing such documents shall be
included in the Engineer's compensation for Basic Professional Services; and
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(v) Preparing design and documentation for alternate bid requests proposed by
the City.
(c) Construction Documents Phase-- the Basic Professional Services for the
Construction Document Phase of the Project shall include the following:
(i) Preparing the Construction Documents based on the City's approval of the
design development documents described in Article 11, Section 5(b)(i) above. The
Construction Documents shall comply with all applicable requirements imposed by
governmental authorities having jurisdiction over the Project;
(ii) Delivering two sets of blue -line Construction Documents and Project
Manuals to the City for final review along with a bidding package, the necessary
bidding information, bidding forms, the Conditions of the Contract [General,
Supplementary and other Conditions], and a draft form of the Construction
Contract. The cost of providing such documents shall be included in the
Engineer's compensation for Basic Professional Services;
(iii) Advising the City of any adjustments to the Engineer's previous
preliminary opinions of the Cost of Work; and
(iv) If applicable, assisting the City by filing all applicable documents required
for obtaining the approval of other governmental authorities having jurisdiction
over the Project.
(d) Construction Bidding Phase ---the Basic Professional Services for the
Construction Bidding Phase of the Project shall include the following:
(i) Assisting the City to establish a list of prospective bidders on the Project, to
obtain bids, and to award and prepare contracts for construction.
(ii) Distributing the Bidding Documents to prospective bidders and requesting
their return upon completion of the bidding process. In such event, Engineer shall
maintain a log of distribution and retrieval, and the amounts of deposits, if any,
received from and returned to prospective bidders.
(iii) Answering written questions submitted to the City from prospective
bidders, providing clarification and interpretations of the Bidding Documents to
prospective bidders in the form of addenda. Responses to these written questions
shall be made from Engineer to City who shall provide responses to each
prospective bidder.
(iv) Procuring the reproduction of Bidding Documents for distribution to
prospective bidders. Engineer's cost for such reproduction shall be reimbursed in
accordance with Article 11, Section D (1) of this Contract.
(v) Assisting the City in conducting the pre -bid meeting, in bid opening at a
designated City location and in awarding and preparing contracts for construction.
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(vi) Assisting the City in evaluating the bids and in determining the successful
bid, if any. As such, Engineer shall review the low bidder's qualifications after bid
opening and advise the City as to whether such bid should be accepted or rejected.
If requested by the City, Engineer shall notify all prospective bidders or contractors
of the bid or proposal results.
(e) Construction Observation and Administration Phase_.. the Basic Professional
Services for the Construction Phase of the Project shall include the following:
(i) Providing administration of the Construction Contract as set forth below
and in the most current edition of AIA Document A201, General Conditions of the
Contract for Construction. In the event of a conflict between the terms of AIA
Document A201 and this Contract, the terms of this Contract shall be controlling;
(ii) Providing representation, advice and consultation to the City. As such,
Engineer shall have authority to act on behalf of the City but only to the extent
provided in this Contract;
(iii) Visiting the Job Site at least an average of one time per month (not to
exceed five site visits), depending on the progress of the Work, or as otherwise
agreed by the Director and Engineer in writing, to observe and become familiar
with the progress and quality of the Work and to determine in general if the Work
has been and is being performed in accordance with the Contract Documents. All
such observations shall be performed in the presence of the Director or other City
employee designed by Director to attend such observations.
(iv) Communicating with the City regarding the progress and quality of the
Work, and promptly reporting to the City any defects or deficiencies in the Work
which Engineer discovers as a result of Engineer's monthly observation visits to
the Job Site. Engineer shall, at no cost to the City, promptly correct or cause to be
corrected any defects or deficiencies in the Work caused by defects or deficiencies
of Engineer's work or services under this Contract.
(v) Reviewing and recommending the amounts due to the general contractor
under the Construction Contract based on Engineer's visual observations of the
Work, based upon Engineer's limited observations and information, knowledge and
belief with respect to the general contractor's applications for payment. Engineer
shall maintain a record of all of the general contractor's applications for payment
and Engineer's certifications of payment and shall deliver to the City a copy of
such record upon issuing the Final Certificate for Payment. The Engineer's
certification for payment shall constitute a representation to the City, based on the
Engineer's observations at the Job Site and on the data comprising the general
contractor's application for payment that the Work has progressed to the point
indicated to the best of Engineer's knowledge, information and belief and that the
Contractor is entitled to payment in the amount certified. However, Engineer's
issuance of certificates for payment shall not constitute a representation that
Engineer has reviewed the construction means, methods, techniques, sequences or
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Page 10
procedures, or copies of requisitions received from subcontractors or suppliers, or
that Engineer has ascertained how or for what purpose the general contractor has
used money previously paid on account of the Contract Sum, or that Engineer has
made exhaustive and continuous inspections to check the quality of the Work.
(vi) Recommending to the City the rejection of any and all Work that does not
conform to the Contract Documents. Whenever Engineer considers it necessary or
advisable for implementation of the intent of the Contract Documents, Engineer
will have authority to require the general contractor to uncover or to perform
additional inspection or testing of the Work, regardless of whether or not such
Work is fabricated, installed or completed. However, Engineer's duties and
responsibilities under this Subsection (vi) extend only to the City and shall not give
rise to a duty or responsibility to the general contractor, or the subcontractors,
suppliers, their agents or employees or any other persons performing portions of the
Work.
(vii) Reviewing and approving or taking other appropriate action with respect to
the general contractor's submittals to the City (such as shop drawings, product data
or samples) for the purpose of determining whether or not the Work, when
completed, will conform to the requirements of the Contract Documents. In doing
so, Engineer shall act with reasonable promptness and shall not cause delay in the
progress of the Work. Engineer's review of such submittals is not conducted for
the purpose of substantiating instructions for the installation or performance of
equipment or systems designed by the general contractor, which remains the
responsibility of the general contractor to the extent required by the Contract
Documents. Unless otherwise specifically stated by Engineer, Engineer's review
of such submittals shall not constitute Engineer's approval of safety precautions,
construction means, methods, techniques, sequences or procedures utilized by the
general contractor. Similarly, Engineer's approval of a specific item shall not
indicate Engineer's approval of an assembly of which the item is a component.
When professional certification of performance characteristics of materials,
systems or equipment is required by the Contract Documents, Engineer shall be
entitled to rely upon such certification to establish that the materials, systems or
equipment will meet the performance criteria required by the Contract Documents.
(viii) Rendering written decisions within a reasonable time on all claims, disputes
or other matters in question between the City and the general contractor relating to
the execution or progress of the Work as provided in the Contract Documents. All
interpretations and decisions of Engineer shall be consistent with the intent of and
reasonably inferable from the Contract Documents and shall be in writing or in the
form of drawings.
(ix) Providing the City with two sets of reproducible prints showing all
significant changes known to or made by the Engineer to the Construction
Documents during the Construction Phase. Other changes made by the Contractor
and City's representative shall be provided to the Engineer for incorporation in the
record drawings.
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(x) Conducting detailed observations on behalf of the City to determine the
dates of substantial completion and final completion of the Project. When
appropriate, Engineer shall issue to the City a Certificate of Substantial Completion
and a Certificate of Final Completion.
(xi) Coordinating final Job Site walk through with the City at the conclusion of
the construction and providing the Punch List to the general contractor. Upon
determining that the Work, including all items on the Punch List, is in full
compliance with the requirements of the Contract Documents, Engineer shall issue
to the City a Final Certificate for Payment.
(xii) Reviewing all warranties, written guarantees and related documents
required by the Contract Documents to be assembled by the general contractor and
delivering such documents to the Director prior to or commensurate with issuing
the Final Certificate for Payment.
(xiii) Obtaining from the general contractor and forwarding to the City: (a)
written consent of the surety or sureties, if any, to a reduction of or partial release
of retainage or to the making of final payment; and (b) affidavits, receipts, releases
and waivers of liens or bonds indemnifying the City against liens or other
encumbrances.
(xiv) Reviewing written requests by the general contractor for additional
information about the Contract Documents. Engineer may require that such
requests be in a form prepared or approved by Engineer, but such form must
include provision for a detailed written statement to be made referencing the
specific drawings or specifications about which the request concerns and the nature
of the information requested. If deemed appropriate by Engineer, Engineer shall
prepare, reproduce and distribute, on the City's behalf, supplemental drawings and
specifications in response to such requests.
(7) Opinions of Cost and Cost of Work. Since Engineer has no control over the cost of
labor, materials, equipment, or services furnished by the general contractor and others, or over
competitive bidding or market conditions, Engineer's estimated opinion of the Cost of Work is to be made
on the basis of Engineer's experience and qualifications as a professional familiar with the construction
industry. However, the City acknowledges that Engineer cannot and does not guarantee that proposals,
bids or the actual Cost of Work will not vary from Engineer's opinion of the estimated Cost of Work.
(8) Changes in the Work. Engineer shall prepare change orders and construction change
directives for the City Manager's approval and execution in accordance with the Contract Documents.
Engineer may not authorize changes in the Work without the consent of the City Manager. If necessary,
Engineer shall prepare, reproduce and distribute drawings and specifications to describe Work to be
added, deleted or modified.
(a) Engineer shall review requests by the City or the general contractor for changes in
the Work, including adjustments to the Cost of Work or Contract Time. A request for a change in the
Work shall be accompanied by sufficient supporting data and information to permit Engineer to make
a determination without extensive investigation or preparation of additional drawings or
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specifications. If a request for a change in the Work would, if approved, result in a material
deviation in the Work from the intent of the Contract Documents, Engineer shall make a
recommendation to the City as to whether such request should be approved or denied. If such request
would result in or require an adjustment in the Cost of Work or Contract Time, Engineer's
recommendation to the City shall include Engineer's opinion as to the appropriate amounts of such
adjustment. If Engineer's recommendation is for the request to be approved by the City, Engineer
shall prepare a "Change Order" or other appropriate document for the City Manager's approval. The
Change Order shall describe in detail the change in the Work and, if applicable, any adjustment to the
Cost of Work or the Contract Time. No Change Order shall be valid unless it is signed and dated by
the City Manager.
(b) Engineer shall maintain all records relative to changes in the Work and shall
deliver copies of such records to the City prior to or commensurate with the issuance of the Final
Certificate of Payment.
(c) Changes in Engineer's services under this Contract may be accomplished after
execution of this Contract, without invalidating the Contract, if mutually agreed to by the parties in a
writing signed by Engineer and City Manager, and: (i) if required by circumstances beyond
Engineer's control; or (ii) if Engineer's services are affected as described in ,Article II, Section (7),
Subsection (d) below. Except for a change necessitated by a negligent act or omission of Engineer, a
change in Engineer's services under this Contract shall entitle Engineer to an adjustment in
compensation pursuant to Article 11, Section (D), Subsection (4) below and to any reimbursable
expenses described below in Article 11, Section (D), Subsection (5).
(d) The following services shall also be provided by Engineer as Additional Services
under this Contract:
(i) Preparing Change Orders and construction change directives requiring
evaluation of proposals, including the preparation or revision of instruments of
services;
(ii) Evaluating an extraordinary number of claims submitted by the City, the
general contractor or others in connection with the Work;
(iii) Evaluating substitutions proposed by the City, the general contractor other
subcontractors that would result in or require subsequent revisions to instruments of
services resulting therefrom;
(iv) Providing services of contractors for those portions of the Project other than
the architectural, structural, mechanical and electrical engineering portions included
as a part of the Basic Professional Services; and
(v) Preparing a set of reproducible record drawings showing significant
changes in the Work made during construction based on marked -up prints drawings
and other data furnished by the general contractor to Engineer which drawings are
prepared in addition to those specified in Article IT, Section C, Subsection (6)(c)(xi)
of this Contract.
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Page 13
(e) Other Additional Professional Services. Any other additional services to be provided by
Engineer in furtherance of the completion of the Project other than the Additional Services described
in Article II, Section C, Subsection (7)(d) of this Contract ("Other Additional Services") shall be
valid only if authorized in writing by the City Manager. Such services may include assessments of
environmental hazards in structures, structural engineering, MEP engineering, environmental studies
or a SWPPP. Engineer's compensation for Other Additional Services shall be in accordance with
Article II, Section (D), Subsection (4) below.
D. PAYMENT FOR SERVICES
(1) Costs. Payment for Engineer's Basic Professional Services and Additional Services shall
include all Engineer's actual costs to perform such services, including, but not limited to, direct labor
costs, subcontractor costs, and direct non -labor costs, such as the costs to review documents, to purchase
necessary supplies and equipment, and to travel to and from Engineer's principal office and the City or
Job Site ("Local Travel") (collectively "Costs"), Engineer shall submit to the City monthly, itemized
statements and supporting documentation for its Costs. The City shall reimburse Engineer within 30 days
of the City's receipt of such statements in the amount shown in such statements to be Engineer's Costs.
No interest or other penalty shall ever accrue or be due on late payments associated with reimbursement
for such Costs.
(2) Basic Services Fee. Compensation for the Basic Professional Services and Special
Services as contained in Exhibt B attached hereto shall not exceed the sum of $98,500 ("Basic Services
Fee") for a Project construction budget amount of $654,000 ("Budgeted Amount"). The Basic Services
Fee shall be increased or decreased proportionally if the project design budget authorized in writing by the
City is different from the Budgeted Amount stated herein. If the lowest bid for the construction of the
Project exceeds the Budgeted Amount, then the Engineer, at its sole cost and expense, will revise the
Construction Documents as may be required by the City to reduce or modify the quantity or quality of the
Work so that the total construction cost of the Project will not exceed the Budgeted Amount. The City's
payment for the Basic Services Fee shall be limited as follows:
(a) Payment for Engineer's expenses, costs, and services for the Schematic Design
Phase and the Design Development Phase shall not exceed 40% of the Basic Services Fee.
(b) Payment for expenses, costs, and services for Construction Document Phase shall
not exceed 30% of the Basic Services Fee.
(c) Payment for expenses, costs, and services, in the Contract Bidding Phase shall not
exceed 15% of the Basic Services Fee.
(d) Payment for expenses, costs, and services, in Construction Management Phase shall
not exceed 15% of the Basic Services Fee.
(3) Limitations on Payment Obligations. Nothing contained in this Contract shall require
the City to pay for Basic Professional Services or Additional Services which are unsatisfactory as
reasonably determined by the Director of Community Services or, in the case of Additional Services,
which are not approved as required by the terms of this Contract. The City shall not be required to make
any payments to Engineer when Engineer is in default of this Contract, nor shall the terms of this Contract
constitute a waiver of any right, at law or in equity, which City may have if Engineer is in default of this
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Contract, including the right to bring legal action for damages or for specific performance of this
Contract.
(4) Compensation for Other Additional Services. Compensation for Other Additional
Services shall be a multiple of direct personnel expense to be calculated using the rates and multiplier
shown on "Exhibit B" attached hereto.
(5) Compensation for Reimbursable Expenses. Compensation for Reimbursable Expenses
means the actual expenses incurred by Engineer or Engineer's independent professional associates or sub -
Engineers directly in connection with the Project. Such compensation, if authorized by the City, shall be
a multiplier of the direct expense as shown in Exhibit "B" attached hereto. Reimbursements by City to
Engineer shall include the following:
(a) Fees required for securing approval of governmental authorities having jurisdiction
over the Project, including those fees required by the Texas Department of Licensing and
Regulation, if applicable; and
(b) Courier fees and long distance phone charges if authorized by the City. However,
the City will not be separately charged for costs or expenses related to travel, or to lodging, local
telephone/facsimile communications, shipping supplies and equipment, postage, or for the use of
computer -aided design and drafting equipment.
E. OWNERSHIP OF DOCUMENTS
(1) Ownership of Documents. Upon completion of Engineer's services and receipt of payment
in full therefore, all documents, plans, specifications, reports and other information and data given to,
prepared or assembled by Engineer under this Contract shall become the sole property of the City and
shall be delivered to City prior to or commensurate with the issuance of the Certificate of Final
Completion, without restriction on its future use, or upon termination of this Contract in accordance with
Article 11, Section I below. Engineer may make copies of any and all such documents and items and
retain same for its files. A set of Mylar reproducible plans and digital files in AutoCAD format shall be
filed with the City prior to the issuance of the Certificate of Final Completion. Engineer shall have no
liability or defense responsibility for changes made to or use of the drawings, specifications, and other
documents by anyone subsequent to the issuance of the Certificate of Final Completion. However, any
such change or other use shall be sealed by a new Engineer employed by City and shall be appropriately
marked to reflect what was changed or modified.
F. SERVICES PROVIDED BY THE CITY
(1) Services Provided by the City. The City shall provide the following services to Engineer
under this Contract:
(a) Providing existing boundary surveys, topographic maps and surveys, utility
locations, street maps, architectural drawings, and other existing documents necessary to the
design of the Project.
(b) Providing information regarding requirements for the Project, including a program
which shall set forth the City's design objectives, constraints and criteria, including space
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Southlake Parks Development Corporation
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Page 15
requirements and relationships, flexibility and expendability, special equipment, systems and Job
Site requirements.
(c) Providing a budget for the Project, with timely revisions appropriate to the design
phases.
(d) Meeting with Engineer at designated City facilities as needed for the timely
completion of the Project.
G. COMPLETION SCHEDULE
(1) Calendar. For the purposes of this Contract, a month is defined as 30
calendar days and a week as 7 calendar days. If any of the deadlines for
submissions fall on a holiday or other day when the City is closed, then the
submission shall be due the following weekday.
(2) Completion Deadline —Schematic Design Phase. The duration of time
required to complete the Schematic Design Phase shall not exceed 60 calendar days
from the Effective Date of this Contract.
(3) Completion Deadline -Design Development Phase. The duration of time
required to complete the Design Development Phase shall not exceed 45 calendar
days following receipt of comments and direction from City for the Schematic
Design submittal and receipt of written notice to proceed with Design Development
Phase from City.
(4) Completion Deadline —Construction Document Phase. The duration of
time required to complete the Construction Document Phase shall not exceed 45
calendar days following receipt of comments and direction from City for the
Design Development submittal and receipt of written notice to proceed with
Construction Document Phase from City.
(5) Completion Deadline --Construction Bidding Phase. The duration of time
required to complete the Construction Bidding Phase is anticipated not to exceed
45 calendar days fxom submission of Construction Documents and is dependent
upon construction contractor's progress on the Work.
(6) Completion Deadline ---Construction Observation and Administration
Phase. The duration of time required to complete the Construction Management
Phase is anticipated to not to exceed 180 calendar days, but is dependent upon
construction contractor's progress on the Work.
H. NOTICE TO PROCEED
The City's execution of this Contract shall constitute the City's authorization to the Engineer to
proceed and to commence the Work described in this Contract. However, no such Work shall begin until
after the expiration of the Effective Date of this Contract.
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I. TERMINATION OF CONTRACT
(1) Termination by the City. The City may indefinitely suspend further Work
hereunder or terminate this Contract or any phase of this Contract upon 30 days
prior written notice to Engineer ("Notice of Termination") with the understanding
that immediately upon Engineer's receipt of such notice, all work and labor being
performed by Engineer under this Contract shall cease immediately. Prior to the
end of the 30 day notice period, Engineer shall invoice the City for all Work
performed prior to Engineer's receipt of the Notice of Termination.
(2) Termination by Engineer. Engineer may not terminate this Contract unless
the City is in default of this Contract and fails to correct such default within 60
days after receiving written notice of such default from Engineer.
(3) Effect of Termination. In the event this Contract is terminated by either
party, the City shall be liable to Engineer for all Work performed under this
Contract through the date of termination only. The City shall not be liable and
shall not be invoiced for Engineer's lost or anticipated profits under this Contract.
Upon Engineer's receipt of payment in full for services performed all plans, field
surveys, and other data related to the Project shall become property of the City
upon termination of this Contract and shall be promptly delivered to the City in a
reasonably organized form without restriction, except as described above in Article
II.E., on the City's future use of such information. Should the City subsequently
contract with a new Engineer for continuation of services on the Project, Engineer
shall cooperate in providing information to the new Engineer as may be necessary
to facilitate such transition. Notwithstanding the foregoing the City and Engineer
intend to act in good faith toward the completion of the services described in this
Agreement and shall not utilize the termination clauses contained in this Agreement
for the purpose of supplanting the Engineer with a new Engineer, without
reasonable justification or cause.
J. INSURANCE
(1) Insurance. Engineer agrees to maintain in full force and effect for the duration of this
Contract and any extensions hereof, at Engineer's sole expense, insurance coverage written by companies
approved by the State of Texas and acceptable to City with all policies being endorsed to provide a waiver
of subrogation as to the City. Such coverage shall include the following types and minimum amounts:
TYPE AMOUNT
Workers Compensation Statutory
and
Employer's Liability $100,0001500,0001100,000
Commercial General
Liability Insurance
Comprehensive Automobile
Liability Insurance
Combined Single Limit of
$1,000,000 per Occurrence
Minimum State Financial
Responsibility Limits
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July 20, 2006
Page 1'7
Professional Liability $500,000 Per Claim and in the
Aggregate
(Errors and Omission) Insurance
(a) Engineer shall furnish a completed Insurance Certificate to the City which shall be
completed by an agent authorized to bind the named underwriting companies to the coverages,
limits, and termination provisions required by this Contract.
(b) Engineer shall name the City, its officers, employees, and elected representatives as
additional insureds on the Workers Compensation, Employer's Liability, Commercial General
Liability and Comprehensive Automobile insurance policies.
(c) Engineer shall notify the City in the event of any material change in insurance
policies required by this Contract, including, but not limited to, changes in providers, coverage or
effective dates, or if such policies are deemed to be nonrenewable. Engineer shall deliver such
notice to the City not less than 30 days prior to the change.
(d) For coverages that are written with claims made policies, the required period of coverage
shall be continuous coverage for the life of the Contract, plus an extended discovery period of 5
years to begin at the end of the term of the Contract. Should Engineer change insurance providers
during this time, the replacement policy shall include a prior acts provision to eliminate any lapse
in coverage.
III.
Miscellaneous
A. RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the City of the Work shall not constitute nor be deemed a release of the responsibility
or liability of Engineer, its employees, associates, agents, or subcontractors for the accuracy and
competency of their designs or other Work; nor shall such approval be deemed an assumption of such
responsibility by the City for any defect in the design or other Work prepared by Engineer, its employees,
associates, agents or subcontractors.
B. EQUAL EMPLOYMENT OPPORTUNITY
(1) No Discrimination. Engineer shall not discriminate against any employee
or applicant for employment because of the race, age, color, religion, sex, or
national origin of such employee or applicant. Engineer shall take affirmative
action to insure that applicants are employed and that employees are treated equally
during their employment without regard to their race, age, color, religion, sex, or
national origin.
(2) Penalty for Discrimination. If Engineer fails to comply with the federal or
state laws relating to Equal Employment Opportunity, it is agreed that the City, at
its option, may do either or both of the following:
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Page 18
(a) Cancel, terminate, or suspend the Contract in whole or in part; or
(b) Declare Engineer ineligible for future City contracts until it is
determined to be in compliance.
C. AMENDMENTS
This Contract may not be amended or supplemented unless such amendment or supplementation is
approved in writing and signed by the City Manager.
D. COMPLIANCE WITH LAWS CHARTERS AND ORDINANCES
Engineer, its agents, employees and subcontractors shall comply with all applicable federal and
state laws, with the Charter and Ordinances of the City, and with all applicable rules and regulations
promulgated by all local, state, and national boards, bureaus and agencies existing and published before
Effective Date of this Contract.
E. RIGHT OF REVIEW
Engineer agrees that the City may review and inspect any and all of the work and services
performed by Engineer under this Contract. The City is hereby granted the right to audit, at the City's
election, all of Engineer's records and billings related to the performance of this Contract. Engineer
agrees to retain such records for a minimum of 3 years following the completion of this Contract or until
any litigation relating to the work and services provided by Engineer under this Contract is completed.
F. CONFLICT OF INTEREST
No officer or employee of the City shall have any personal, financial interest, direct or indirect, in
this Contract nor have any direct financial interest in the sale to the City of any land, materials, supplies,
or services under this Contract, except on behalf of the City as a City officer or employee. Any violation
of this prohibition shall constitute malfeasance in office, and any officer or employee guilty thereof shall
thereby automatically forfeit his or her office or positron with the City. Any violation of this prohibition
with knowledge, expressed or implied, of the person or corporation contracting with the City shall render
the Contract voidable by the Director or the City Council.
G. ASSIGNABILITY
This Contract is for personal and professional services and Engineer shall not assign this Contract,
in whole or in part, without the prior written consent of the City.
H. NOTICES
All notices, communications, and reports required or permitted to be delivered under this Contract
shall be personally delivered or mailed by certified mail, return receipt requested, to the respective parties
by depositing the same in the United States Postal Service at the address shown below, unless and until
either party is otherwise notified in writing by the other party at the following addresses. Notices mailed
in accordance with this paragraph shall be deemed delivered after 5 calendar days of the date mailed.
Notices personally delivered shall be deemed delivered on the day received.
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If to the City:
Steve Polasek
Director of Community Services
City of Southlake
400 North White Chapel
Southlake, Texas 76092
(817)748-8021
1. INDEPENDENT CONTRACTOR
If to Engineer:
Lenny Hughes, RLA
Vice President
Halff Associates
8616 Northwest Plaza Drive
Dallas, Texas 75225
(214) 346-6200
In performing work and services under this Contract, Engineer is acting as an independent
contractor. No term or provision hereof shall be construed as making Engineer the agent, servant, or
employee of the City or as creating a partnership or joint venture relationship between Engineer and the
City.
J. INDEMNITY
Engineer hereby agrees to defend, indemnify and hold the City harmless from and against any and
all claims for damages, liabilities, claims, injuries, attorney's fees, costs and expenses of any person that
may arise out of or be occasioned by any negligent act, error or omission of Engineer, or any agent,
servant, employee or subcontractor of Engineer in the execution or performance of this Contract.
K. VENUE
Any action brought to interpret or enforce the terms of this Contract shall be brought in a court of
competent jurisdiction in Tarrant County, Texas.
L. GOVERNING LAWS
This Contract shall be governed by and construed in accordance with the laws of the State of
Texas regardless of any conflict of law provisions thereof.
M. LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this Contract shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
affect any other provision of this Contract, and this Contract shall be construed as if such invalid, illegal
or unenforceable provision had never been contained in this Contract.
N. PUBLISHED MATERIAL
Engineer agrees that the City shall review and approve any written material about the Project or
the activities of Engineer under this Contract prior to such material being published by Engineer.
O. CAPTIONS
—AA' �C ,
Southlake Parks Development Corporation
July 20, 2006
Page 20
The captions to the various provisions of this Contract are for informational purposes only and
shall not alter the substance of the terms and conditions of this Contract.
P. SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and insure to the benefit of the parties hereto and their
respective successors and permitted assigns.
Q. ENTIRE AGREEMENT
This Contract and the exhibits attached hereto embody the complete agreement of the parties
hereto, superseding all prior or contemporaneous oral or written agreements between the parties relating
to the subject matter hereof.
IN WITNESS WHEREOF, the parties hereby have executed this Contract in triplicate originals to
be effective on the Effective Date.
HALFF ASSOCIATES, INC.
Lenny Hughes, Vice President
CITY OF SOUTHLAKE:
Andy Wambsganss, Mayor
Date: Date:
ATTEST:
Southlake Parks Development Corporation
July 20, 2006
Page 21
Exhibit `A'
Scope of Services
Royal Annie Smith 1
Liberty Park at Sheltonwood Parks
Southlake, Texas
Purpose
The purpose of this project is to prepare plans and specifications for Royal and Annie Smith
Park, a (+1-) 13 -acre tract of land adjacent to Florence Elementary School and Liberty Park at
Sheltonwood a (+1-) 17 acre tract of land in Southlake, Texas. The intent will be to create a
neighborhood park facility for the surrounding neighborhood, school and residents of Southlake.
The parks will include support infrastructure such as trails, walking paths, medium to large group
pavilions, children's playgrounds, extensive landscape plantings, irrigation, security lighting,
signage and public art.
The proposed items for development on which this proposal is based include:
• Group pavilions
• Children's playgrounds
• Internal walking paths
« Hike and bike trail connection
• Park entrance markers
• Parking lots
• Site furnishings, (benches, picnic tables, BBQ grills, trash receptacles, and a drinking
fountain)
• Landscaping
« Irrigation
• Earth sculpting and grading
• Placement and installation of public art
The scope of services is defined as follows;
• Basic or Customary Services;
• Special Services to be provided, based on direction from the City of Southlake; and
• Additional Services which can be provided if required.
Each of the services is described on the following pages.
A. BASIC OR CUSTOMARY SERVICES — Park Design and Engineering
1. Pre-Deslgn
a. Topographic Mapping
• Field tie visible points required for final design, including topographic survey
locating all curbs, inlets, potentially large trees 8 and greater affected by the
design (this may require additional survey information upon approval of Design
Southlake Parks Development Corporation
July 20, 2006
Page 22
Development Plan), identify tree line of groups of trees and all above -ground
and visible utilities shown.
• Prepare a topographic survey drawing of the areas where new facilities are
proposed at a scale acceptable to the Owner and Architect.
= This drawing will show ground surface contours at an interval of one (1) foot
supplemented by appropriate spot elevations accurate to 0.1 foot elevation in
areas where new facilities are proposed.
• This task includes performing a topographic survey for proposed development at
Royal and Annie Smith Park approximately +/.. 13 and Liberty at Sheltonwood
Park approximately +/- 17 acres of land.
b. Data Acquisition.
We will
gather existing drainage and utility information from the City of Southlake and other
Franchise Utility Agencies. The utility information will be indicted on plan and survey
documents.
c. Base Mapping
Based on a topographic survey with curbs and above -ground and visible utilities
shown, we will prepare base map drawings for the park site in a 24" x 36" sheet
format indicating property boundaries, topographic information and other existing
features such as visible utilities. Halff will organize and label the surveying data into a
construction document format.
Product: Base map in electronic form in 24" x 36" sheet format
IL Schematic Design Phase
The Basic Professional Services for the Schematic Design Phase of the Project shall
include the following:
a. Reviewing the Project objectives furnished by the City to determine the requirements
of the Projects and shall arrive at a mutual understanding of such requirements with
the City,
(iv) Advising the City as to the necessity of the City providing or obtaining data or services
from third parties;
(v) Conduct stakeholder meetings (up to 3) to seek public input and participation in the
conceptual design of the parks.
d. Developing and drafting preliminary, schematic design drawings and specifications for
the City's approval which shall: describe generally the conceptual design of the
Project; take into account the City's objectives, scheduling and budgeting concerns;
illustrate the scale and relationship of the Project components; and include a
conceptual site plan, sections and elevations as may be warranted; and
Southlake Parks Development Corporation
July 20, 2006
Page 23
Submitting to the City a preliminary estimate of the Cost of Work based on current
area, volume or other unit cost.
lll. DesignDevelopment Phase
The Basic Professional Services for the Design Development Phase of the Project
shall include the following:
Preparing documents consisting of drawings and specifications for the City's
approval which describe in detail the architectural, mechanical, electrical, aesthetic,
landscaping, and other technical aspects of the Project based on the City's approval
of the preliminary schematic design drawings and specifications and any approved
modifications thereof. Such documents and specifications shall be sufficient and
adequate to fulfill the purposes of the Project and shall include the following, as
appropriate:
IV. Construction Documents
a. Construction Drawings and Specifications
Halff Associates will proceed to prepare final construction documents and
specifications for Royal and Annie Smith Park and Liberty Park at Sheltonwood.
Construction Plans will include the following plans:
1. Demolition Plan
Halff Associates will prepare the demolition plan, which will provide notes and details
required for the demolition, removal and disposal of site features, trash and debris.
The demolition plan and specifications will be coordinated with the City of Southlake
for proper disposal.
2. Site Grading Plan
The Grading Plan includes the notes and details required to allow grading of the new
park facility. This plan will show existing and proposed ground contour lines, and
spot elevations needed to grade the site for drainage.
3. Trail 1 Pedestrian Walkway Dimension Control Plan and Site Amenities
Halff Associates will design and provide details for the trail and associated site
amenities (tables, benches, BBQ grills, drinking fountain, and trash receptacles).
Fee includes plans
and specifications for the trail, sub -grade preparation, jointing requirements, culverts
to convey cross drainage under the trail and construction notes. Geometric
dimension control will be provided. Dimension control will include coordinate
geometry and typical dimensions of the trail. A geotechnical report with paving
recommendations will be required, as described in the Special Services section of
this proposal. (This task does not include design of the extension of drainage
facilities located outside the construction limits of the trail included in this scope of
,_� R -a-6
Southlake Parks Development Corporation
July 20, 2006
Page 24
work and outside the limits of the Park)
4. Playground Dimension Layout and Design
Halff Associates will design and provide details for the playground and associated
amenities. Fee includes plans and specifications for the playground equipment and
containment edge layout, sub -grade preparation, safety requirements, and
construction notes. Dimension control will include coordinate geometry and typical
dimensions of the playground. A geotechnical report with recommendations will be
required, as described in the Special Services section of this proposal.
5. Landscape and Buffer Planting Plan
Halff Associates will design the landscape planting plan. The landscape plan will
show all plantings, arrangement of plant materials, mow and minimal mow areas,
and landscape
berms. The quantity, species, size and spacing of all materials will be specified in a
material schedule on the plan. Details for the proper installation of plants will also be
included.
6. Irrigation Plan
Halff Associates will design and provide details for the irrigation plan. Upon approval
of the landscape plan, we will prepare an irrigation plan that responds to the
proposed landscape, being sensitive to planned prairie grass establishment areas.
The plan will be developed with an emphasis on proper zoning of the system in order
to maximize efficient water management. The system will be designed to permit
separate watering of turfgrass. Details for the proper installation of sprinkler heads,
valves, pipe, service connection, controller and other items will be shown on the plan.
A professional Licensed Irrigator will seal the final plan.
7. Electrical Engineering Design
Halff Associates will provide electrical engineering services for illumination and
associated power distribution design for the two designated park sites. Special
emphasis will be placed on security lighting and activity areas. Drawings will include
light fixture type and location, circuiting and connection to the local distribution
system. Power distribution will be coordinated with TXUIOncor. Lighting design will
be per IES Standards.
Instruments of Professional Services: Two draft sets of drawings for review and
comment will be submitted at 60%, 95% and 100% submission stages
S. Construction Administration
Southlake Parks Development Corporation
Tully 20, 2006
Page 25
Advertise and Coordinate Bid Process
Preparation of documents for advertisement of the project for bidding, distribution of bid sets
(including to bidders and plan houses), organization and execution of a pre -bid conference,
distribution of addenda and response to bidders' inquiries.
City shall advertise the project for bidding and receive the bids. Halff Associates shall assist
the City in tabulating and evaluating the bids and make a recommendation to the City for
award of a construction agreement. Halff Associates will make telephone inquiries of the two
contractors who, after opening of the bids, are considered by the City of Southlake to be the
apparent low bidders. Halff will prepare a written memorandum which presents the
information obtained during this inquiry period. Halff will review the paperwork submitted
by the contractors to determine if the submitted paperwork appears to be administratively
complete. Review of bonding information (performance, payment and maintenance bonds) as
well as submitted insurance information will be for administrative completeness. It has been
assumed that Southlake City attorney will review bond and insurance information to
determine adequacy of such protections afforded by these instruments.
Submittal Review
Review and provide written responses to contractor submittals and Request for
Information ("RFI") on construction drawings and specifications prepared under this
proposal.
Site Meetings
Attend up to 5 monthly site meetings during the site work phase of construction. The
anticipated scheduled of completion for construction is (120) calendar days. All
meetings hereinafter the scheduled 5 meetings will require additional services. Any
changes in the proposed scope for additional services shall not be made without
prior consent of the City. These meetings shall be scheduled and coordinated by
others. Site meeting minutes shall be prepared by Halff Associates, Inc.
b. Accessibility Review
Halff will submit drawings and specifications to the Texas Department of Licensing
and Regulation ("TDL&R") for review of accessibility. We will incorporate any
appropriate comments received and make adjustments to the plans as needed.
Application and inspection fees payable to TDL&R will be paid by the City of Southlake
and delivered with transmittal of the plans to TDL&R. Printing of plans and specifications
and shipping will be reimbursable expenses as defined herein.
Instruments of Professional Services: Submission sets as required by TDL&R, record set
for City of Southlake staff.
B. SPECIAL SERVICES
Special service elements that are included in this scope of work, as requested by the City of
Southlake, include the following:
Storm Water Pollution Prevention Plan (SWP3)
Southlake Parks Development Corporation
July 20, 2006
Page 26
Prepare an erosion control plan in conjunction with the grading and drainage designs. This
task is for the preparation of design drawings and associated details only. The Contractor will
be responsible for preparing a Storm Water Pollution Prevention Plan (SWP3) for the project
in accordance with the Texas Pollution Discharge Elimination System General Permit No.
TXR150000. The Contractor will submit a Notice of Intent (NOT) and Notice of Termination
(NOT) to the Texas Commission on Environmental Quality and assist the Owner in preparing
a NOT and NOT Contractor and Owner will be responsible for execution and implementation
of NOT, NOT, and SWP3.
Geotechnical Services
Geo-technical services to include (1) soil boring to 10' at the playground and (1) soil
boring to 10' at the parking lot and (1) soil boring to 15' at the proposed pavilion at each
of the proposed parrs. The report shall include strength swell, profile, swell, and
compression as well as boring logs and recommendations for the wall foundations. Halff
Associates will assist the City in determining the scope of information needed from the
geotechnical engineer. The geotechnical consultant will have sole responsibility for
determining, staking and recording exact locations of borings and for providing all
decisions and recommendations associated with the Geotechnical Engineering Services.
C. ADDITIONAL SERVICES
Additional Services
Additional services, not included in the Scope of Services, will be negotiated with the City
of Southlake as needed. Compensation will be based upon a mutually agreed lump sum
fee or an hourly rate as shown below. Items that are considered additional services
include:
• Park improvements other than those listed in the scope of work
• Meetings or presentations not specified herein
• Record drawings
• Revisions to plans requested by the City after the park plans are approved
• Permit fees, filing fees, pro -rated fees, impact fees and taxes
• Preparation of easement or right-of-way documents
• Design of electric for lighting of project and irrigation controllers, gas, telephone or
other utility improvements except as noted herein
• Printing of drawings, specifications and contract documents except as noted herein
• Full-time construction inspection and preparation of as -built drawings
• Certification that the work is built in accordance with plans and specifications (by City
inspector)
• Graphic products except as noted herein
• Design of utilities or other improvements outside of the park boundary (not in scope)
• Attendance or preparation for meetings and public hearings except as noted herein
• Preparation of bid packages other than one original set
'.N--;I. �v .
Southlake Parks Development Corporation
July 20, 2006
Page 27
• Geotechnical consulting services
• Quality control and material testing services during construction
• Filing and permit fees
• Environmental services
• Traffic engineering report or studies
• Construction staking
• Design of drainage facilities, grading, or utilities within the limits of the buildings
• Design of off -site facilities
• Design of existing utility relocations or modifications
• Design of storm water detention facilities
• Design/coordination of power, phone and gas services
• Negotiationslagreements with adjacent property owners
• Preparation of easement descriptions and exhibits not included on plat
• Boundary, improvement or specific tree survey
Time for Completion
Raiff Associates agrees to complete and submit all work required by the City of Southlake
set forth above under Scope of Work within one hundred and twenty l( 20calendar days
from the date of the written authorization by director or his designee to proceed
immediately following execution of the Agreement. However that time -frame may be
extended or suspended due to delays in the reviews by agencies or franchised utilities or
other such matters beyond the control of City or Landscape Architect, with the mutual
written consent of both parties.
Southlake Parks Development Corporation
July 20, 2006
Page 28
Exhibit `B'
Basis of Compensation
Royal and Annie Smith 1
Liberty Park at Sheltonwood Parks
Southlake, Texas
1. Basic Services
Basic design and engineering services as described in Exhibit 'A' will be provided, with a fee of
$38,000.00 + the sum of "Special Services" with a fee of $5,000.00 for Royal and Annie Smith Park for
a total lump sum of_43 000.00. and a fee of $50,500.00 + the sum of "Special Services" with a fee of
$5,000.00 for a total lump sum of $56,500.00_. The overall fee total shown will not be exceeded without
prior written authorization by the City of Southlake.
Payment for total services as described in Exhibit 'A' will be invoiced to the City of Southlake on a
monthly basis, based upon a percentage of completed tasks over a 4 to 6 month period. Below is a cost
breakdown of Basic Services.
R.A.S. Park
Lib. Park
a.
Coordination, Meetings, Project Management
$ 0.00
$ 4,000.00
b.
Topographical Survey
$ 5,500.00
$ 6,500.00
c.
Schematic/ Design Development
$ 6,000.00
$ 7,000.00
d.
Park Layout, Design, Details and Demolition plan
$ 4,000.00
$ 5,500.00
e.
General Civil, Electrical Design, Details and Notes
$ 11,000.00
$ 14,000.00
f.
Playground, Landscape and Irrigation Design and
Details
$ 8,000.00
$ 10,000.00
g.
Construction Administration
3,500.00
3,500.0
Total Basic Services
$ 38,000.00
$ 50,500.00
2. Special Services
Special services required as part of the scope of services will be provided based on the following fees:
a. Geotechnical study and report $ 3,000.00 $ 3,000.00
b. Stormwater Pollution Prevention Plan and Standard
Details $ 2,000,00 2,000.00
Total Special Services $ 5,000.00 $ 5,000.00
3. Expenses
Payments shall also include Direct Non -Labor Expenses that, in general, include expenses for supplies,
transportation, equipment, travel, communication, printing of plans and specifications, and similar
incidentals. The Direct Non -Labor expenses shall be reimbursable at actual invoice cost plus ten percent
(10%). An allowance of $3,500.00 is recommended for project related expenses, but may vary if
additional plan and specification sets are required.
4. Unit Pricing Schedule
January 1, 2006 1 P, r�q.'0
Southlake Parks Development Corporation
July 20, 2006
Page 29
Unit of
$ per
Unit Description
Measure
Unit
Hand Auger
per day
$15.00
Binding Booklets
per set
$5.00
Binding Plans
per set
$5.00
Blueprints
per print
$1.00
CD
per CD
$25.00
Copies and Scans - Legal and Letter 1 Black & White
per sheet
$0.10
Copies and Scans- Oversize (11 x17)1 Black & White
per sheet
$0.20
Copies and Scans -- Legal and Letter 1 Color
per sheet
$1.50
Copies and Scans - Oversize (11x17) / Color
per sheet
$3.00
Disposable Bailers (.75' and 2")
per each
$8.00
Delivery/ Courier in Area
per delivery
$15.00
Delivery 1 Out of Area
per delivery
$40.00
Dual Interphase Probe (for free product measuring)
per day
$25.00
Diskette
per each
$1.50
Disposable Pressure Bailers (2")
per each
$15.00
Environmental Survey Equipment (for Grad ientlElevation)
per day
$100.00
FAX
per sheet
$1.00
Disposable Gloves
per pair
$10.00
GPS Survey Equipment
per hour
$36.00
Mileage rate for Mobilization 1 Demobilization of the Designating Vehicle
per mile
$2.68
Mileage rate for Mobilization 1 Demobilization of a Survey Truck
per mile
$2.68
Mileage rate for Mobilization 1 Demobilization of a Traffic Control Vehicle
per mile
$2.68
Mileage rate for Mobilization 1 Demobilization of the Vacuum Excavating Vehicle
per mile
$5.68
10 Micron Filters (for Low Flow Sampling - Metal)
per each
$20.00
Mileage
per mile
$0.445
Mylars
per mylar
$5.00
Organic Vapor Meter (OVM)
per day
$75.00
Long Distance Telephone Calls
per minute
$0.10
Plots -- Full Size I Black & White
per plot
$5.00
Plots - Full Size 1 Color
per plot
$10.00
PROXRS Receiver
per hour
$20.00
Sediment 1 Sludge Sampler
per day
$45.00
Silicon Tubing (for Low Flow Sampling)
per foot
$2.00
Postage
per ounce
$0.39
Teflon Tubing (for Low Flow Sampling)
per foot
$1.00
Heavy Duty Vacuum Excavation Truck
per hour
$100.00
per hour $75.00
Vacuum Truck Charge
Measuring Wheel per day $5.00
Water Level Indicator per day $15.00
* OR CURRENT IRS RATE
5. Additional Services
Southlake Parks Development Corporation
July 20, 2006
Page 30
Additional Services, not included in the Scope of Services, will be negotiated with the City of Southlake
as needed. Compensation will be based upon a mutually agreed lump sum fee or an hourly rate. Hourly
rates are as follows:
Project Manager/Sr. Landscape Architect
$130
Professional Engineer
$125
Engineer in Training
$
90
Landscape Architect
$
SO
Project Licensed Irrigator
$
70
Project Landscape Designer/CADD Technician
$
65
Adminstration/Clerical
$
55
`-IP,r-xZZ:>
SOUTHLAKE PARKS DEVELOPMENT CORPORATION
112% SALES TAX REPORT
2005-06 Collected Budget Balance
Budget to Date Balance Percent
$ 3,405,532 2 581 41. $824,119 24,20%
FISCAL
FISCAL
FISCAL
YEAR
% Inc
YEAR
% Inc
YEAR
% Inc
MONTH
03-04
-Dec
04.05
-Dec
05.06
-Dec
October
$196,025
9.2%
$203,269
3.7%
$459,781
126.2%
November
207,624
13.5%
231,403
11.5%
256,504
10.8%
December
295,221
-1.4%
354,293
20.0%
405,410
14.4%
January
199,814
14.8%
214,607
7.4%
246,505
14.9%
February
156,632
47%
202,142
29.1%
234,949
16.2%
March
253,443
1.9%
314,982
24.3%
361,225
14.7%
April
222,233
8.6%
242,241
9.0%
305,284
26.0%
May
206,482
-7.6%
241,379
16.9%
311,753
29.2%
June
262,967
18.6%
309,404
17.7%
=100.0%
July
201,226
-0,8%
221,883
10.3%
-
-100.0%
August
200,172
4.4%
255,788
27.8%
-100.0%
September
259,852
4.8%
301,937
16.2%
-
-100.0%
$2,661,692
$3,093,3211
$2,581,413
TOTALI
Three Year Revenue Comparison
by Month
$500,000t
$400,000
$250000
$200:000
$150,000
$100,000
$50,000
rw
$0
o d6 grb
11 Q�d �`�t
101
QQ� �`��
�S� 10 Pig
41
® FISCAL YEAR 03404 M FISCAL YEAR 04-05 FISCAL YEAR 05-06
Actual
Budget
Actual
Estimated
(budget-est.) %
2004-05
2005-06
2005.06
2005-06
Difference
Change
October
$ 203,269 $
219,531 $
459,781
$ 459,781
$ 240,251
118.19n/a
November $ 231,403 $
249,916 $
256,504
$ 256,504
$ 6,589
2.85%
December $ 354,293 $
382,637 $
405,410
$ 405,410
$ 22,774
6.43%
January
$ 214,607 $
231,775 $
246,505
$ 246,505
$ 14,730
6.860/c
February
$ 202,142 $
218,313 $
234,949
$ 234,949
$ 16,637
8.230%
March
$ 314,982 $
340,181 $
361,225
$ 361,225
$ 21,045
6.68°/
April
$ 242,241 $
261,620 $
305,284
$ 305,284
$ 43,664
18.030/(
May
$ 241,379 $
277,586 $
311,753
$ 311,753
$ 34,167
14.161/1,
June
$ 309,404 $
355,814 $
-
$ 355,814
$ -
0.00n/
July
$ 221,883 $
255,166 $
-
$ 255,166
$ -
0.00%
August
$ 255,788 $
294,156 $
-
$ 294,156
$ -
0.00n/
September $ 301,937 $
318,839 $
-
$ 318,839
$ -
0A0°/
TOTALS $ 3,093,328 $
3,405,532 $
2,561,413
$ 3,805,387.95 $ 399,866 181.421/
SOUTHLAKE PARK DEVELOPMENT CORPORATION
Capital Projects Status Report
August 2006
Liboty Garden Phase 1
Status: Complete. Additions to Bicentennial Park irrigation system to cover
surrounding turf area to be installed in October.
Girls Softball . pWX F X 20A 20OS 30-35 spaces) in anticipation of
Status: Temporary parking has been added ( p
additional parking approved in the SPDC C1P for fiscal year 2005-06.
nY�c .nf F:nneer; Walnut Gr;.ove Park
Status: Ongoing trail maintenance.
Page 1
Timarron 11;Tra ,
Status: Trail additlons are complete with landscape repairs to follow.
A enrcer 5SgCl:1(i1,.
Status: All prior projects completed.
Status: Substantially complete.
Sauthllake Cairroll>E Lacrosse
Status: Construction of new facility approved in FY 2005-06 SPDC CIP.
Page 2