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2007-11-06 SPDC PacketCitv of Southlake. Texas MEMORANDUM October 31, 2007 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 — Tuesday, November 6, 2007 1. Agenda Item No. 2A. Executive Session: Land acquisition for potential park land. 2. 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. Agenda Item No. 5. Administrative Comments: There are no Administrative Comments for this meeting. 4. Agenda Item No. 6A. Consent: Apnroval of the minutes from the September 4. 2007 Southlake Parks Development Corporation regular meeting. 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.southW:e,tx.us or by calling her at (817) 748-8015. Agenda Item No. 6B. Consent: Recommend approval of an SPDC Matching Funds request in the amount of $3,669 from the Oak Pointe HOA for the purchase and installation of a pond aerator at Oak Pointe Park — Oak Pointe Homeowner's Association is requesting SPDC Matching Funds in the amount of $3,669 for the installation of a pond aeration fountain for Oak Pointe Park. The maintenance and repairs to the public park are the responsibility of the HOA and the fountain will help prevent the stagnation and algae growth that occurs every summer due to the lack of circulation. The Parks Board reviewed and recommended approval (7-0) at their October 8, 2007 meeting and City Council will consider immediately following SPDC at their November 6, 2007 meeting. A representative from the Oak Pointe HOA will be available at your meeting to provide additional information should you have questions. 6. Agenda Item No. 7A. Consider: Recommend approval of a Professional Services Contract with Schrickel Rollins and Associates for the engineering and design of Phase I of Bicentennial Park in the amount of $1,150,000, with a 4.3% ($50,OOO)contingency for a total amount not to exceed $1,200,000 — As provided in the approved CIP Budget for fiscal year 2008, the City has negotiated a proposed professional services agreement with Schrickel, Rollins and Associates to perform the engineering and design for Phase I SPDC Board of Directors Board Meeting — Tuesday, November 6, 2007 Page 2 development of Bicentennial Park. As you recall, Schrickel, Rollins and Associates performed well in providing the City with the schematic design for redevelopment of Bicentennial Park as approved by City Council and is intimately familiar with the scope of the project. With over fifty years experience in planning, landscape design, and engineering services, Schrickel, Rollins, and Associates is recommended to perform the desired work based on their knowledge of park design and work on the previously approved Bicentennial Park Schematic Design and aerial overview. If approved, Terry Cheek, President of Schrickel, Rollins and Associates will serve as the lead on this project for the consultant. The general scope of Basic Professional Services includes: ■ providing professional consultation and advice ■ furnishing customary engineering, architectural and landscape architectural services incidental thereto ■ preparation and development of construction plans and specifications ■ surveying ■ geotechnical assessments ■ seeking necessary governmental approvals ■ assisting in bidding and negotiations ■ construction observation and administration services ■ Architect's presentations at all requested meetings with the City including, but not limited to, City Council, Planning and Zoning Commission, and Parks and Recreation Board Funding for this project in the amount of $1,200,000 is available in the approved FY 2008 SPDC CIP Budget. The proposed engineering and design fees are $1,150,000 representing 11.5 % of a proposed construction budget of $10,000,000. This fee also includes construction observation, all surveying, and geotechnical assessments and is typical for a project of this scale. A contingency of 4.3 % or $50,000 is also requested for such items as reimbursable expenses for fees related to governmental licensing and regulation reviews. The Parks Board reviewed and recommended approval (7-0) at their October 8, 2007 meeting and City Council will consider immediately following SPDC at their November 6, 2007 meeting. Staff will provide a brief presentation at your meeting. 7. Agenda Item No 7B Consider' Recommendation on disposition of DPS North Site — This item is brought forth to allow SPDC to review and offer their recommendation to the City Council as part of the process for determining the transfer payment amount and terms for the potential use of property for park purposes. The property was originally purchased by the Crime Control District in 1999 for a price of $1.4 million or $43,750 per acre and is currently owned by the City. More recently, two appraisals were obtained on the 31.133 tract of land from Goodrich, Schechter & Associates, LLC and Lipscomb Davis & Company, $4,407,000 ($141,553/acre) and $5,075,000 SPDC Board of Directors Board Meeting — Tuesday, November 6, 2007 Page 3 ($163,010/acre), respectively, with a mid -point of $3,441,573 ($152,282/acre). The Crime Control Board reviewed this item at their September 11, 2007 meeting recommending $152,282/acre with $800,000 down and the remaining balance of $2,641,573 to be paid over 10 years with an interest rate of 4.0%. The Park Board reviewed this item at their October 8, 2007 meeting recommending payment at the original purchase price plus 4% interest annually from the original acquisition date through transfer of the property for parks and recreational uses ($59,875/acre or $1,353,173). Two additional funding options are also included for your consideration and Finance Director Sharon Jackson will be available to discuss the various options potential impact on the SPDC Fund. A brief presentation will be provided at your meeting. 8. Agenda Item No. S. Discussion: There are no discussion items for this agenda. 9. Other item included in your packet for your information: • SPDC CIP Projects Status Report • Sales Tax Report (distributed at meeting) As always, 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. SP STAFF CONTACT INFORMATION: Steve Polasek, Director of Community Services, (817) 748-8018 Chris Tribble, Deputy Director of Community Services (817) 748-8021 Sharon Jackson, Director of Finance, (817) 748-8042 n:a., -4P e.._.aL.l..l... m_ SOUTHLAKE PARKS DEVELOPMENT CORPORATION MEETING November 6, 2007 4:00 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 - There are no items for 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 September 4, 2007 Southlake Parks Development Corporation regular meeting. B. Recommend approval of an SPDC Matching Funds request in the amount of $3,669 from the Oak Pointe HOA for the purchase and installation of a pond aerator at Oak Pointe Park. REGULAR AGENDA: 7. Consider: SPDC Meeting Meeting Date — November 6, 2007 Page 2 of 3 A. Recommend approval of a professional services contract with Schrickel, Rollins and Associates, Inc., for the engineering and design of Phase I of Bicentennial Park in the amount of $1,150,000, with a 4.3% ($50,000) contingency for a total amount not to exceed $1,200,000. B. Recommendation on disposition of DPS North site. 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, November 2, 2007 by 6:00 p.m. pursuant to the Texas . Government Code, Chapter 551. LoriPayne,TR6kC City Secretary U :_ If you plan to attend this ftfet4iW nd jative a disability that requires special needs, please advise the City Secretary's Office 48 huuNi`In advance at (817) 748-8016, and reasonable accommodations will be made to assist you. SPDC Meeting Meeting Date — November 6, 2007 Page 3 of 3 EXECUTIVE SESSION Southlake Parks Development Corporation Board SECTION 551.071 CONSULTATION WITH ATTORNEY The Southlake Parks Development Corporation Boatel 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. SOUTHLAKE PARKS DEVELOPMENT CORPORATION MEETING: SEPTEMBER 4, 2007 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall Board Members present: President Carolyn Morris, Vice -President Sherry Berman, Secretary Virginia M. Muzyka, and Board Members Laura K. Hill, Danny Mayer, and Mike Mills. Board Members absent: Board Member Gregory Jones. Staff present: Assistant City Manager Jim Blagg, Director of Community Services Steve Polasek, Deputy Director of Community Services Chris Tribble, Finance Director Sharen Jackson and Deputy City Secretary Tara Brooks. Agenda Item No. 1. Call to order. The meeting was called to order by President Morris at 4:04 p.m. Agenda Item No.,2. Executive Session / Agenda Item No. 3 Reconvene. An executive session was not held. Agenda Item No. 4. Public Forum. No one spoke during the public forum. Agenda Item No 5A Administrative Comments — Introduction of new SPDC members. Director Polasek welcomed Board Member Mayer and Board Member Stansell to the SPDC board and welcomed Board Member Muzyka and Board Member Berman to another term on the board. Deputy City Secretary Brooks lead the new members in reciting the Oath of Office. Agenda Item No. 5B. Orientation Meeting. Director Polasek announced an orientation meeting for all of the boards will take place on October 17, 2007. CONSENT AGENDA: Agenda Item No 6A Approval of the minutes from the August 6, 2007 Southlake Parks Development Corporation regular meeting. Agenda Item No 6B Approval of the minutes from the August 6 2007 Joint Southlake Parks Development Corporation and Parks Board meeting. Motion was made to approve the minutes from the August 6, 2007 Southlake Parks Development Corporation regular meeting and the August 6, 2007 Joint Southlake Parks Development Corporation and Parks Board meeting as presented. Motion: Muzyka Unofficial Southlake Parks Development Corporation meeting minutes, September 4, 2007 Page 1 of 3 LOg- i Second: Mills Ayes: Muzyka, Mayer, Morris Nays: Berman, Mills, Stansell Motion Failed. Board member Stansell asked if any of the Board Members who were present at the meetings had any issues with the minutes. President Morris said they were correct. President Morris called for another vote. Ayes: Muzyka, Mayer, Berman, Mills, Stansell, Morris Nays: None Approved: 6-0 REGULAR AGENDA: Agenda Item No. 7A. Election of SPDC Officers for 2007-08. Director Polasek presented this item. The Board discussed this item. Motion was made to name Carolyn Morris — President, Sherry Berman — Vice -President and Virginia M. Muzyka — Secretary Motion: Berman Second: Mills Ayes: Mayer, Berman, Mills, Stansell, Muzyka, Morris Nays: None Approved: 6-0 Agenda Item No. 7B. Recommendation for approval of the conceptual design for Library Park at Sheltonwood. Director Polasek presented this item to the Board in conjunction with item 7C. The Board discussed this item including the water fountains, trails, the pavilion, the pond and budget estimates. Motion was made to recommend for approval the conceptual design for Liberty Park at Sheltonwood. Motion: Muzyka Second: Berman Ayes: Berman, Mills, Stansell, Muzyka, Mayer, Morris Nays: None Approved: 6-0 Agenda Item No. 7C. Recommendation for approval of the conceptual design for Royal and Annie Smith Park. Director Polasek presented this item to the Board in conjunction with item 7B. The Board discussed this item including the trails and parking options. Motion was made to recommend for approval the conceptual design for Royal and Annie Smith Park. Motion: Muzyka Unofficial Southlake Parks Development Corporation meeting minutes, September 4, 2007 Page 2 of 3 6A-a Second: Mills Ayes: Mills, Stansell, Muzyka, Mayer, Berman, Morris Nays: None Approved: 6-0 Agenda Item No. 9. Adjournment. President Morris adjourned the meeting at 4:59 p.m. ATTEST: Tara Brooks Deputy City Secretary Carolyn Morris President Unofficial Southlake Parks Development Corporation meeting minutes, September 4, 2007 Page 3 of 3 UF)-5 City of Southlake, Texas MEMORANDUM October 31, 2007 TO: SPDC Board FROM: Steve Polasek, Director of Community Services SUBJECT: Recommend approval of an SPDC Matching Funds request in the amount of $3,669 from the Oak Pointe HOA for the purchase and installation of a pond aerator at Oak Pointe Park Action Requested: Recommend approval of SPDC Matching Funds Request from the Oak Pointe Homeowner's Association in the amount of $3,669 for the purchase and installation of a pond aerator at Oak Pointe Park. Background Information: The Oak Pointe subdivision is located off of Ridgecrest, just north of Dove Road in the northern portion of Southlake. The development contains approximately 8.09 acres of public park land known as Oak Pointe Park. During the summer months, the pond within the park area becomes stagnant and algae -filled due to the lack of rainfall and circulation. The Oak Point Homeowner's Association proposes the installation of a pond aeration fountain to improve the appearance and health of the pond while also reducing the occurrence of mosquitoes. The project would include the installation of electric service and a one (1) hp fountain with three (3) lights. Financial Considerations: Fiscal Year 2007-08 SPDC Matching Funds in the amount of $200,000 are budgeted with no allocations to date. Approval of this project in the amount of $7,338 ($3,669 match) would leave an unencumbered fund balance of $192,662. Financial Impact: Minor impact for electrical and fountain maintenance estimated at $500 or less annually. Citizen Input/ Board Review: Parks Board recommended approval (7-0) at their October 8, 2007 meeting. City Council will consider this item immediately following SPDC at their November 6, 2007 meeting. Legal Review: Not applicable Alternatives: SPDC consideration of matching funds request. �6-1 SPDC Board Meeting Date — November 6, 2007 Page 2 Supporting Documents: Supporting documents include: ■ Matching Funds Request Form • Proposals to Oak Pointe Homeowner's Association for: o fountain o electrical service ■ Site Map Staff Recommendation: SPDC recommendation to City Council for approval of SPDC Matching Funds Request from Oak Pointe Homeowner's association in the amount of $3,669 for the purchase and installation of a pond aerator at Oak Pointe Park. Meeting Date — November 6, 2007 Page 3 City of Southlake, Texas Project Name: Oak Pointe Park pond /buntain Contact Person: Michelle Swan — Oak Pointe HOA Mailing Address: 324 Oak City: Southlake State: TX ZIP: 76092 Day Phone: Night Phone: 817-488-7641 Additional Contact Person: 817-488-7641 email: soapgirl fairyskinsoap.eom Day Phone: PROJECT DESCRIPTION: Addition of fountain/aerator in neighborhood park pond The pond in the public Oak Pointe Park is maintained by the Oak Pointe Homeowner's Association. During the summer months, the pond becomes stagnant and algae -filled due to lack of rainfall and water movement, and has become a breeding ground for mosquitoes. The Association researched the situation, and obtained competitive bids for the installation of a fountain to aerate the pond as well as to make the pond more aesthetically pleasing. The low bid received for the installation of the fountain was from Lonestar Fountains, Inc. in the amount of $4,208.76. The fountain will require that electrical service be brought to the site by Tri-County Electric and from the meter to the site by Finish Line Electric. The total cost for the electric service is $3,128.65. This comes to a total of $7,337.41 The Oak Pointe Homeowner's Association is requesting SPDC Matching funds in the amount of $3,669 for the installation of the electric service and the fountain. Proposed Start Date: December 1, 2007 Projected Completion Date: January 30, 2008 Projected Cost: $7,338 Amount of Funds Requested: $3,669 SPDC Board Meeting Date — November 6, 2007 Page 4 Oak Pointe HOA Attn, Michelle SATE 5l2(3/2007 r VOICE # 4192 P.O. No. TERMS Project New Fount... ZTY bFSCRIP ! it3N UNIT PRICE AMOUNT Lone Star Fountains proposes to furnish and install one (1) Kasca Marine floating fountain with the followinc specifications: 1 hp with fixed vfx nozzle Control panel with timers & foFT protection 100 ft underwater cable Stainless steel suction screen Three (3) 75 watt lights We will install the unit to 120 volt single phase power which you will provide within 25 ft of the lake, We require a 30 amp double pole breaker in a disconnect box. We will install the unit about 3 weeks of ter we receive your 50% deposit. The balance is due upon installation. We can not be responsible for delays caused by others, le. no electrical power or water in lake. Sales tax will be added unless appropriate exemption certificates are received with your deposit. Kosco 1 hp 4400 vfx with 100 ft cable and C75 Control panel 2,430.00 2,430,0OT Kasco Light Kit with 100 fit cable L375-T 1,458.00 1,458.00T Sales Tax 8.25% 320.76 972-724-0071 Off ice P.O.8ox 3087 972-471-2824 Fax Cowell, TX TOTAL $4,208.7 infalSimagnol iafisheries.com SPDC Board Meeting Date — November 6, 2007 Page 5 Rick Host! Cell 817-401-9198 Fax 817-427 2033 FPAiU t. NE RUOTfuc 7144 Newcastle Place NRH, Texas 76180 TO: OAK POINTS HOMEOWNERS ASSOCIATION ITS. POND SERVICE SMALL JOB 1) Ditch Approx. 240' From Meter to Service 2) Install Conduit and Wiring for 8 OErcuit Panel 3) Build Pedestal for Panel 4) Provide 30 Amp Breaker for Fountain 5) Obtain Proper Permits From City of Soulhfake 6) Got Proper Inspections From City of Southlake 7) Check for Proper Operation 8) Clean Work Areas $2,674.00 SPDC Board Meeting Date — November 6, 2007 Page 6 City of Southlake, Texas MEMORANDUM October 29, 2007 TO: SPDC Board FROM: Steve Polasek, Director of Community Services SUBJECT: Recommend approval of a professional services contract with Schrickel, Rollins, and Associates, Inc., for the engineering and design of Phase I of Bicentennial Park in the amount of $1,150,000, with a 4.3% ($50,000) contingency for a total amount not to exceed $1,200,000 Action Requested: SPDC recommendation to City Council for approval of a professional services contract with Schrickel, Rollins and Associates, Inc., for the engineering and design of Phase I of Bicentennial Park in the amount of $1,150,000, with a 4.3% ($50,000) contingency for a total amount not to exceed $1,200,000. Background Information: As provided in the approved CIP Budget for fiscal year 2008, attached is a proposed professional services agreement with Schrickel, Rollins and Associates to perform the engineering and design for Phase I development of Bicentennial Park. As you recall, Schrickel, Rollins and Associates performed well in providing the City with the schematic design for redevelopment of Bicentennial Park as approved by City Council and is intimately familiar with the scope of the project. If approved, Terry Cheek, President of Schrickel, Rollins and Associates will serve as the lead on this project for the consultant. The general scope of Basic Professional Services includes: ■ providing professional consultation and advice • furnishing customary engineering, architectural and landscape architectural services incidental thereto ■ preparation and development of construction plans and specifications surveying • geotechnical assessments ■ seeking necessary governmental approvals ■ assisting in bidding and negotiations ■ construction observation and administration services ■ Architect's presentations at all requested meetings with the City including, but not limited to, City Council, Planning and Zoning, and Parks Board With over fifty years experience in planning, landscape design, and engineering services, Schrickel, Rollins, and Associates is recommended to perform the desired work based on their knowledge of park and ball field design and work on the previously approved Bicentennial Park Schematic Design and aerial overview. Schrickel, Rollins, and Associates are a full service firm with a solid reputation. I A - t SPDC Meeting Date — November 6, 2007 Page 2 They have designed and provided professional services on numerous high level park facilities in the area to include Texas Star in Euless, Wagon Wheel Park in Coppell, Hurst Community Park, C.P. Waggoner Park in Grand Prairie, Roger Williams Ballpark (Weatherford College), and the TCU baseball facility. Their current staffing and schedules are favorable and should allow for the completion of the work in a timely fashion. Financial Consideration: Funding for this project in the amount of $1,200,000 is available in the approved FY 2008 SPDC CIP Budget. The proposed engineering and design fees are $1,150,000 representing 11.5% of a proposed construction budget of $10,000,000. This fee also includes construction observation, all surveying and geotechnical assessments and is typical for a project of this scale. A contingency of 4.3 % or $50,000 is also requested for such items as reimbursable expenses for fees related to governmental licensing and regulation reviews. Financial Impact: There are no direct financial impacts associated with the proposed professional services. Citizen Input/ Board Review: Parks Board reviewed and recommended approval (7-0) at their October 8, 2007 meeting. City Council will consider this item immediately following SPDC at their November 6, 2007 meeting. Legal Review: The proposed contract with Schrickel, Rollins, and Associates for professional services relating to Bicentennial Park has been reviewed by the City Attorney. Alternatives: Alternatives may include: ■ SPDC recommendation for approval as submitted ■ SPDC recommendation for approval with input as desired ■ SPDC recommendation not to approve proposed contract Supporting Documents: Supporting documents include the following: ■ Copy of proposed contract with Schrickel, Rollins, and Associates Staff Recommendation: SPDC recommendation to City Council for approval of a professional services contract with Schrickel, Rollins and Associates, Inc., for the engineering and design of Phase I of Bicentennial Park in the amount of $1,150,000, with a 4.3 % ($50,000) contingency for a total amount not to exceed $1,200,000. I A" Page 2 SPDC Meeting Date — November 6, 2007 Page 3 PROFESSIONAL SERVICES CONTRACT ENGINEERING AND DESIGN SERVICES FOR PHASE I IMPROVEMENTS AT BICENTENNIAL PARK CITY OF SOUTHLAKE This Professional Services Contract ("Contract") is hereby made to be effective on 2007 ("Effective Date") by and between the City of Southlake, Texas (the "City"), a municipal corporation located in Tarrant County, Texas, and Schrickel, Rollins and Associates ("Architect"), a corporation authorized to do business in the State of Texas. For convenience, the City and Architect may be referred to hereinafter collectively as the "parties" and individually as a "party." WHEREAS, the City desires to retain the professional services of Architect to include, based on the approved schematic design, the planning, design and drafting of construction documents, and construction observation and administration for Phase I improvements at Bicentennial Park, City of Southlake, Texas, hereinafter called "Project"; and WHEREAS, Architect represents that it is qualified and capable of performing the architectural 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 Architect and Architect'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 Architect that represents Architect's certification and representation to the City that in the Architect's opinion and to the best of the Architect's knowledge, information and belief: (a) that the Work has been substantially completed, (b) that the observed portions of the Work are in 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 Architect's Punch List. J R- Page 3 SPDC Meeting Date — November 6, 2007 Page 4 (4) Certificate of Final Completion —means a document issued by Architect that represents Architect's certification and representation to the City that in the Architect's opinion and to the best of the Architect'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 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 Architect's Punch List to Architect'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 Architect 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 for 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 Architect 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 Architect 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 Architect's work and services under this Contract whereby Architect takes certain steps during the Construction Phase as provided in this Contract to assist City staff in charge of the Project to observe 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 Architect, 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 IA-- Page4 SPDC Meeting Date — November 6, 2007 Page 5 during construction. The Cost of Work shall not include the fees for Architect's services under this Contract. (14) Design Development Phase —means the phase of the Project that begins when the City authorizes Architect 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 Architect to finalize such drawings and specifications. (15) Final Certificate for Payment —means a document issued by Architect that represents Architect's certification and representation to the City that in the Architect's opinion and to the best of the Architect'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 Architect that needs to be repaired, replaced, completed or corrected by the general contractor prior to Architect 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 Architect 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 phase I improvements to Bicentennial Park in accordance with the terms and specifications of the Contract Documents. II. Terms and Conditions A. EMPLOYMENT OF THE ARCHITECT Architect 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 Architect 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 Terry T. Cheek, R.L.A. shall administer and manage this Contract on behalf of Architect. 1 A - Page 5 SPDC Meeting Date — November 6, 2007 Page 6 C. BASIC PROFESSIONAL SERVICES (1) Scope of Services. The scope of the Basic Professional Services includes generally: providing professional consultation and advice, furnishing customary engineering, architectural and landscape architectural services incidental thereto, preparation and development of construction plans and specifications, surveying, geotechnical assessments, seeking necessary governmental approvals, assisting in bidding and negotiations, and Construction Observation and Administration Services with respect to the Project. Basic Professional Services shall also include Architect's presentations at all requested meetings with the City including, but not limited to, City Council, Planning and Zoning, and Parks Board. All such meetings will be held at a designated City facility. Basic Professional Services shall further include the following: (a) the development and drafting of detailed design and construction documents, plans and specifications for Phase I improvements to Bicentennial Park as depicted in Exhibit B and in accordance with the approved Bicentennial Park schematic design. (2) Quality of Services. Architect'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 architects in the Dallas/Ft. Worth metroplex area. Architect shall promptly notify the City about and promptly correct any negligent designs or specifications furnished by Architect at no cost to the City. The City's approval, acceptance, use of or payment for all or any part of the Architect's services under this Contract, or of the Project itself, shall in no way alter the Architect's obligations or the City's rights under this Contract. Notwithstanding Owner's approval of the Construction Documents, Architect 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 Architect 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 II, 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. Architect'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 (3) only, "good cause" may include, but may not be limited to, events that are beyond the Architect's control. (4) Basis of Services. In developing the designs and specifications for the Project, Architect 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. Architect 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. Architect 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: Design Development Phase, Construction Document Phase, Construction Bidding Phase, and Construction 1 A - Page 6 SPDC Meeting Date — November 6, 2007 Page 7 Observation and Administration Phase. Architect's Basic Professional Services shall vary with each phase of the Project as described below. (a) 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 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 and structural) (E) Outline specification in CSI format; (ii) Coordinating with appropriate governmental authorities for compliance with applicable codes, ordinances, and laws; (iii) Advising the City of any adjustments to Architect's preliminary estimate of the Cost of Work; (iv) Providing two blue -line sets of the documents described in Article, II, Section 6(b)(i) above to the City. The cost of providing such documents shall be included in the Architect's compensation for Basic Professional Services; and (v) Preparing design and documentation for alternate bid requests proposed by the City. (b) 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 II, Section 6.C.(a) above. The Construction Documents shall comply with all known 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 Architect's compensation for Basic Professional Services; k - Page 7 SPDC Meeting Date — November 6, 2007 Page 8 (iii) Advising the City of any adjustments to the Architect's previous preliminary opinions of the Cost of Work; and (iv) If applicable, assisting the City by filing all known applicable documents required for obtaining the approval of other governmental authorities having jurisdiction over the Project. (c) 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, Architect shall maintain a log of distribution and retrieval, and the amounts of deposits, if any, received from and returned to prospective bidders. (iii) Answering questions from prospective bidders, providing clarification and interpretations of the Bidding Documents to prospective bidders in the form of addenda. (iv) Procuring the reproduction of Bidding Documents for distribution to prospective bidders. Architect's cost for such reproduction shall be reimbursed in accordance with Article II, Section D(5c) 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. (vi) Assisting the City in evaluating the bids and in determining the successful bid, if any. As such, Architect 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, Architect shall notify all prospective bidders or contractors of the bid or proposal results. (d) 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 including participation in the pre -construction meeting. As such, Architect shall have A , Page 8 SPDC Meeting Date — November G, 2007 Page 9 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 depending on the progress of the Work, or as otherwise agreed by the City and Architect 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 City employee designated by the City to attend such observations. (iv) Communicating with the City regarding the progress and quality of the Work, and promptly reporting to the City observed defects or deficiencies in the Work which Architect discovers as a result of Architect's monthly observation visits to the Job Site. Architect 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 Architect's work or services under this Contract. (v) Reviewing and certifying the amounts due to the general contractor under the Construction Contract based on Architect's observations of the Work and evaluations of the general contractor's applications for payment. Architect shall maintain a record of all of the general contractor's applications for payment and Architect's certifications of payment and shall deliver to the City a copy of such record upon issuing the Final Certificate for Payment. The Architect's certification for payment shall constitute a representation to the City, based on the Architect'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 Architect's knowledge, information and belief and that the Contractor is entitled to payment in the amount certified. However, Architect's issuance of certificates for payment shall not constitute a representation that Architect has reviewed the construction means, methods, techniques, sequences or procedures, or copies of requisitions received from subcontractors or suppliers, or that Architect has ascertained how or for what purpose the general contractor has used money previously paid on account of the Contract Sum, or that Architect 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 Architect considers it necessary or advisable for implementation of the intent of the Contract Documents, Architect 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, Architect'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. 1. R — Page 9 SPDC Meeting Date — November 6, 2007 Page 10 (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, Architect shall act with reasonable promptness and shall not cause delay in the progress of the Work. Architect'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 Architect, Architect's review of such submittals shall not constitute Architect's approval of safety precautions, construction means, methods, techniques, sequences or procedures utilized by the general contractor. Similarly, Architect's approval of a specific item shall not indicate Architect'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, Architect 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 Architect 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 Architect to the Construction Documents during the Construction Phase. Other changes made by the Contractor and City's representative shall be provided to the Architect for incorporation in the record drawings. (x) Conducting detailed observations on behalf of the City to determine the dates of substantial completion and final completion of the Project. When appropriate, Architect 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, Architect 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 City prior to or commensurate with issuing the Final Certificate for Payment. t R - Page l0 SPDC Meeting Date — November 6, 2007 Page 11 (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. Architect may require that such requests be in a form prepared or approved by Architect, 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 Architect, Architect 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 Architect 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, Architect's estimated opinion of the Cost of Work is to be made on the basis of Architect's experience and qualifications as a professional familiar with the construction industry. However, the City acknowledges that Architect cannot and does not guarantee that proposals, bids or the actual Cost of Work will not vary from Architect's opinion of the estimated Cost of Work. (8) Changes in the Work. Architect shall prepare change orders and construction change directives for the City Manager's approval and execution in accordance with the Contract Documents. Architect may not authorize changes in the Work without the consent of the City Manager. If necessary, Architect shall prepare, reproduce and distribute drawings and specifications to describe Work to be added, deleted or modified. (a) Architect 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 Architect to make a determination without extensive investigation or preparation of additional drawings or 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, Architect 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, Architect's recommnendation to the City shall include Architect's opinion as to the appropriate amounts of such adjustment. If Architect's recommendation is for the request to be approved by the City, Architect 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. P1 , Page 11 SPDC Meeting Date — November 6, 2007 Page 12 (b) Architect 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 Architect'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 Architect and City Manager, and: (i) if required by circumstances beyond Architect's control; or (ii) if Architect'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 Architect, a change in Architect's services under this Contract shall entitle Architect to an adjustment in compensation pursuant to Article II, Section (D), Subsection (4) below and to any reimbursable expenses described below in Article II, Section (D), Subsection (5). (d) The following services shall also be provided by Architect as Additional Services under this Contract: (i) Preparing an extraordinary number of 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; D. PAYMENT FOR SERVICES (1) Costs. Payment for Architect's Basic Professional Services shall include all Architect'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, materials, and equipment), surveying, geotechnical services, travel to and from Architect's principal office and the City or Job Site ("Local Travel") (collectively "Costs"), and seeking necessary approvals from governmental authorities having jurisdiction over the Project. Architect shall submit to the City monthly, itemized statements and supporting documentation for its Costs. The City shall reimburse Architect within 30 days of the City's receipt of such statements in the amount shown in such statements to be Architect'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 shall not exceed the surn of $1,150,000.00 ("Basic Services Fee") for a Project budget amount of $10,000,000.00 ("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 Architect, at its sole cost and expense, will revise the Construction Documents as may be required by the City to reduce or ( A — Page 12 SPDC Meeting Date — November 6, 2007 Page 13 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 Architect's expenses, costs, and services for the Design Development Phase shall not exceed 20% of the Basic Services Fee. (b) Payment for expenses, costs, and services for Construction Document Phase shall not exceed 60% of the Basic Services Fee. (c) Payment for expenses, costs, and services, in the Contract Bidding Phase shall not exceed 5 % of the Basic Services Fee. (d) Payment for expenses, costs, and services, in Construction Observation 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 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 Architect when Architect 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 Architect is in default of this 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 A" attached hereto. (5) Compensation for Reimbursable Expenses. Compensation for Reimbursable Expenses means the actual expenses incurred by Architect or Architect's independent professional associates or sub -architects 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 "A" attached hereto. Reimbursements by City to Architect 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. (c) Charges for printing of final construction documents at cost plus ten (10) percent. E. OWNERSHIP OF DOCUMENTS A - Page 13 SPDC Meeting Date — November 6, 2007 Page 14 (1) Ownership of Documents. All documents, plans, specifications, reports and other information and data given to, prepared or assembled by Architect under this Contract shall become the sole property of the City and shall be delivered to City prior to or commensurate with the completion of Professional Services, without restriction on its future use, or upon termination of this Contract in accordance with Article I1, Section I below. Architect 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. Architect shall have no liability for changes made to or use of the drawings, specifications, and other documents by anyone subsequent to the completion of Professional Services. However, any such change or other use shall be sealed by a new Architect 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 Architect under this Contract: (a) Providing access to existing boundary surveys, detailed topographic maps and surveys, utility locations, street maps, architectural drawings, geotechnical tests, and other documents that maybe 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 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 Architect 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 —Design Development Phase. The duration of time required to complete the Design Development Phase shall not exceed 75 calendar days. (3) Completion Deadline —Construction Document Phase. The duration of time required to complete the Construction Document Phase shall not exceed 150 calendar days. (4) Completion Deadline —Construction Bidding Phase. The duration of time required to complete the Construction Bidding Phase is anticipated not to exceed 60 calendar days and is dependent upon the City's and successful bidder's progress on the Work. 1 A Page 14 SPDC Meeting Date — November 6, 2007 Page 15 (5) Completion Deadline —Construction Observation and Administration Phase. The duration of time required to complete the Construction Observation Phase is anticipated to not to exceed 365 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 Architect 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. 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 Architect ("Notice of Termination") with the understanding that immediately upon Architect's receipt of such notice, all work and labor being performed by Architect under this Contract shall cease immediately. Prior to the end of the 30 day notice period, Architect shall invoice the City for all Work performed prior to Architect's receipt of the Notice of Termination. (2) Termination by Architect. Architect 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 Architect. (3) Effect of Termination. In the event this Contract is terminated by either parry, the City shall be liable to Architect 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 Architect's lost or anticipated profits under this Contract. 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 on the City's future use of such information. Should the City subsequently contract with a new architect for continuation of services on the Project, Architect shall cooperate in providing information to the new architect as may be necessary to facilitate such transition. J. INSURANCE (1) Insurance. Architect agrees to maintain in full force and effect for the duration of this Contract and any extensions hereof, at Architect'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 Combined Single Limit of A - Page 15 SPDC Meeting Date —November 6, 2007 Page 16 Liability Insurance $1,000,000 per Occurrence Comprehensive Automobile Minimum State Financial Liability Insurance Responsibility Limits Professional Liability $500,000 Per Claim (Errors and Omission) Insurance (a) Architect 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) Architect 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) Architect 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. Architect 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 Architect 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 Architect, 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 Architect, its employees, associates, agents or subcontractors. B. EQUAL EMPLOYMENT OPPORTUNITY (1) No Discrimination. Architect 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. Architect 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. l p, a Page 16 SPDC Meeting Date — November 6, 2007 Page 17 (2) Penalty for Discrimination. If Architect 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: (a) Cancel, terminate, or suspend the Contract in whole or in part; or (b) Declare Architect 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 Architect, its agents, employees and subcontractors shall comply with applicable federal and state laws, with the Charter and Ordinances of the City, and with applicable rules and regulations promulgated by local, state, and national boards, bureaus and agencies existing and published before Effective Date of this Contract. E. RIGHT OF REVIEW Architect agrees that the City may review and inspect any and all of the work and services performed by Architect under this Contract. The City is hereby granted the right to audit, at the City's election, all of Architect's records and billings related to the performance of this Contract. Architect 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 Architect 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 position 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 Architect shall not assign this Contract, in whole or in part, without the prior written consent of the City. H. NOTICES ! A Page 17 SPDC Meeting Date — November 6, 2007 Page 18 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. If to the City: Steve Polasek Director of Community Services City of Southlake 400 North White Chapel Southlake, Texas 76092 (817)748-8021 I. INDEPENDENT CONTRACTOR If to Architect: Terry T. Cheek, R.L.A. President Schrickel, Rollins and Associates 1161 Corporate Drive West, Suite 200 Arlington, Texas 76006 (817) 649-3216 In performing work and services under this Contract, Architect is acting as an independent contractor. No term or provision hereof be construed as making Architect the agent, servant, or employee of the City or as creating a partnership or joint venture relationship between Architect and the City. INDEMNITY Architect 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 Architect, or any agent, servant, employee or subcontractor of Architect 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 r�A - Page 18 SPDC Meeting Date — November 6, 2007 Page 19 Architect agrees that the City shall review and approve any written material about the Project or the activities of Architect under this Contract prior to such material being published by Architect. O. CAPTIONS 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. R. ATTORNEY'S FEES If it becomes necessary to bring legal action to interpret or enforce the terms of this Contract, the prevailing party in such action shall be entitled to recover from the non -prevailing party, the prevailing party's reasonable attorneys' fees. The City's right to recover such fees is expressly permitted by section 271.159 of the Texas Local Government Code. IN WITNESS WHEREOF, the parties hereby have executed this Contract in triplicate originals to be effective on the Effective Date. SCHRICKEL, ROLLINS AND ASSOCIATES: CITY OF SOUTHLAKE: By: Terry T. Cheek, R.L.A., President Andy Wambsganss, Mayor Date: ATTEST: p� . Page 19 SPDC Meeting Date — November 6, 2007 Page 20 CLASSIFICATION: PRINCIPAL ASSOCIATE EXHIBIT A SCHEDULE OF CHARGES - 2007 BILLABLE SALARY RATE & EXPENSE CHARGES RANGE OF BILLABLE SALARY RATE LOW HIGH $130 $165 85 155 SENIOR ENGINEER 120 155 ENGINEER III 90 120 ENGINEER II 75 95 ENGINEER -IN -TRAINING (EIT) 65 85 SENIOR LANDSCAPE ARCHITECT 110 155 LANDSCAPE ARCHITECT III 80 110 LANDSCAPE ARCHITECT II 65 90 LANDSCAPE ARCHITECTURAL INTERN SO 75 SENIOR PLANNER 95 130 PLANNER 65 95 ARCHITECT 80 130 ARCHITECTURAL INTERN 50 75 DESIGNER SO 90 SURVEYOR(RPLS) 90 130 SURVEY COORDINATOR 70 105 SURVEY TECHNICIAN 60 100 ENGINEERING TECHNICIAN 60 90 PLANNING TECHNICIAN 50 75 PRODUCTION COORDINATOR 70 105 CAD OPERATOR/DRAFTER III 60 90 CAD OPERATOR/DRAFTER II SO 70 CAD OPERATOR/DRAFTER 1 45 60 SENIOR SECRETARY/SPECIFICATIONS COORDINATOR 45 80 SECRETARY/WORD PROCESSOR 35 65 CLERK 30 45 The ranges and individual salaries are adjusted annually. Page 20 SPDC Meeting Date - November 6, 2007 Page 21 OTHER SERVICES: SURVEY FIELD PARTY $125 $1 50 PRINTING & PLOTTING SERVICES: In-house printing and plotting services will be charged at the market rate for commercial printing plus 10%. In- house capability includes color plots and a variety of media, including bond, vellum and mylar. In-house Xerox copies provided at $0.07 per single side copy or $0.14 per double side copy. OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproductions expense, communication expense, travel, transportation and subsistence away from Arlington and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent persons other than staff members. 1. - Page 21 ED H (fog jo xPvqs City of Southlake, Texas MEMORANDUM October 31, 2007 TO: SPDC Board FROM: Steve Polasek, Director of Community Services SUBJECT: Recommendation on disposition of DPS North Site Action Requested: SPDC review, consideration and recommendation to City Council on a proposed sale price and terms. Background Information: On April 10, 2007, Director of Community Services Steve Polasek discussed with the Crime Control and Prevention District Board (CCPD) the option of SPDC purchasing a portion of the DPS North Site for a future park. The CCPD board was interested in reviewing the possibility for the future park. On July 10, 2007 staff presented the conceptual plan for a park located on the DPS North property. The conceptual plan was comprised of a 22.6 acre park. Two appraisals were obtained on the 31.133 tract of land from Goodrich, Schechter & Associates, LLC and Lipscomb Davis & Company, $4,407,000 ($141,553/acre) and $5,075,000 ($163,010/acre), respectively. Both appraisals were discussed with the CCPD board during the August 14`h meeting; and staff was directed to bring a proposal for the CCPD board to consider during the September meeting. Staff reviewed both appraisals with $3,441,573 ($152,282/acre), the mid- point of the appraisals, being a potentially equitable price for 22.6 acres. Payment terms of $800,000 down payment and the remaining balance of $2,641,573 to be paid over 10 years with an interest rate of 4.0% were recommended by the Crime Control and Prevention District at their September meeting. The Parks Board reviewed the appraisals and terms at their October 8, 2007 meeting and recommended approval of the transfer of the land at a cost to the Southlake Parks Development Corporation or other park funds not to exceed the original pro rata cost to the City of $43,750 per acre plus 4% annual interest for the 22.6 acre tract under consideration, with such interest calculated for the period running from the time that funds were dispersed in the original acquisition until the transfer date to parks and recreation uses. The chart below provides a more succinct overview of the motions and their financial impacts. Also included in the chart are two additional options for consideration. '15 -! SPDC Board Meeting Date - November 6, 2007 Page 2 22.6 acres Total Cost Financial Considerations: Citizen Input/ Board Review: 11-Sep-07 $152,282 per acre $4,056,820 8-Oct-07 $59,875 per acre $1,353,173 $141,553 per acre $3,199,098 $100,714 per acre $2,276,136 Assume initial payment of Assumes payment of Assumes purchase at Assumes purchase at $800,000 with 4.0% annual $43,750 per acre with appriasal price as mid -range between interest rate over 10 years on 4.0% annual interest provided by Goodrich, Option A and Parks remaining balance of from time of initial Schecter and Board $2,641,573 with total interest purchase through Associates with no recommendation. payments equalling $615,247 transfer for park and finance charges Payment of original recreation uses purchase cost up front (approx. 8 years) ($988,750) with remaining balance paid over ten years with no finance charges. This item is brought forth to allow SPDC to review and offer their recommendation to the City Council as part of the process for determining the transfer amount and terms. Historical information - The property (approximately 31.133 acres) was purchased by the Crime Control and Prevention District in 1999 for a price of $1.4 million or $43,750 / acre. Finance Director Sharen Jackson will be available at your meeting to address any of the funding options and their impact on the SPDC Fund. Currently, $1.4 million is available in the SPDC CIP for land acquisition with two parcels (DPS North and Fretwell) presently under consideration. The Parks and Recreation Board considered this item at their October 8, 2007 meeting and it was approved (7-0) with the following recommendation to SPDC: A motion was made that whereas the taxpayers of Southlake are fortunate that the City of Southlake has invested in this land and has the financing in place for this investment thereby making it possible to accomplish the needs of the community without removing any additional land from the recurring annual property tax roles, we therefore recommend that the land be transferred as a cost to the Southlake Parks Development Corporation or other park funds not to exceed the original pro rata cost to the City of $43,750 per acre plus 4% annual interest for the 22.6 acre tract under consideration, with such interest calculated for the period running from the time that funds were dispersed in the original acquisition until the transfer date to parks and recreation uses. 16 --z�- SPDC Board Meeting Date — November 6, 2007 Page 3 The Crime Control Board reviewed this item at their September 11, 2007 meeting with the following recommendation to City Council: A motion was made to approve the disposition of the North property as written in the memorandum dated September 5, 2007 (Financial Considerations as included above) with the amendments offered by the Chairman (President). Amendments: 1) A fixed percentage rate for the terms of the contract on the north site land disposition. 2) Any water retention would be the responsibility of the Parks Department. Alternatives: SPDC review, consideration, and recommendation on proposed sale price and terms. Supporting Documents: Site map / concept plan Staff Recommendation: SPDC review, consideration and recommendation to City Council on a proposed sale price and terms. '16-.3 SPDC Board Meeting Date — November 6, 2007 Page 4 Park Site SOUTHLAKE PARK DEVELOPMENT CORPORATION Capital Projects Status Report November 2007 Liberty Garden Phase II status• Curbina and drains were added as a bed edqe to prevent wash -out of mulch onto brick pavers and sidewalks. Girls Softball Complex — F,Y. 2004 — 2005 >tatus: Paving portion of project is complete with irrigation modifications and landscaping to follow Dog Park ,tatus Complete. Nature Center Improvements. Status: Construction underway and on schedule Corps of Engineer Walnut Grove Park: >tatus: City Council awarded $44,950 in matching funds to Southlake Mounted patrol, bringing total of available tunas for trap restoration ana improvements to $94,950 plus 20% in -kind labor. Several areas have had projects completed and a volunteer workday is scheduled for November 10th Royal and Annie Smith Park— F.Y. 2005-06 ;tat. is Scheduled for P & Z on November 8 . Construction documents are being prepared. Scheduled to bid in Dec/Jan. Liberty Park at Sheltonwood F.Y. 2003 — 2004 ,tati,s- Scheduled for P & Z on November 8 . Construction documents are being prepared. Scheduled to bid in Dec/Jan. Page I Timarron Infill Trail Status: Complete. Grapevine / Southlake Soccer Association - Status: All prior projects completed. Southlake Baseball Association — ;t,qtllq. Construction comoleted on infields to fields #6, #8, and #9. This will complete renovations to all game fields at Bicentennial Park. New infields will provide improved playing surfaces, less rainouts, and reduced maintenance. Southlake Girls -Softball Association — Playground and Plaza Improvements Status: Complete — Shade structure at playground re -installed and complete. Southlake Carroll Lacrosse Status: Construction of new facility approved in FY 2005-06 SPDC CIP. Page 2