Item 4CCity of Southlake, Texas
M E M O R A N D U M
October 29, 2007
TO: Shana Yelverton, City Manager
FROM: Steve Polasek, Director of Community Services
Approve a professional services contract with Schrickel, Rollins, and Associates, Inc.,
SUBJECT:
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:
City Council 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 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 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.
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.
SPDC will consider this item just prior to City Council 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:
Council approval as submitted
Council approval with input as desired
Council decision not to approve proposed contract
Supporting
Documents:
Supporting documents include the following:
Copy of proposed contract with Schrickel, Rollins, and Associates
Staff
Recommendation:
City Council 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.
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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.
Basic Professional Services
(1) —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.
Bidding Documents
(2) —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.
Certificate of Substantial Completion—
(3) 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.
Certificate of Final Completion
(4) —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
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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.
Construction Contract
(5) —means the contract entered into between the City and a general
contractor to perform the Work.
Construction Bidding Phase—
(6) 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.
Construction Document Phase—
(7) 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.
Construction Documents—
(8) 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.
Construction Observation and Administration Phase
(9) —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.
Contract Documents—
(10) means this Contract, the Construction Contract, and the
Construction Documents.
Contract Observation and Administration Services
(11) —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.
Contract Time
(12) —means the total length of time to complete the Project from the
commencement date of the Construction Contract.
Cost of Work
(13) —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
during construction. The Cost of Work shall not include the fees for Architect’s services under this
Contract.
Design Development Phase
(14) —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.
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Final Certificate for Payment
(15) —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.
Job Site
(16) —means the location where the Work is being performed under the Construction
Contract.
Project Manual—
(17) means the documents setting forth the terms and conditions of the
Construction Contract, Project specifications, bidding requirements and sample forms.
Punch List—
(18) 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.
Schematic Design Phase—
(19) 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.
Work
(20) —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.
C. BASIC PROFESSIONAL SERVICES
Scope of Services.
(1) 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.
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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.
Quality of Services.
(2) 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.
Timeliness of Services.
(3) 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.
Basis of Services.
(4) 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.
Approval of Services.
(5) 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.
Phases of the Project.
(6) The Project shall be divided into the following phases: Design
Development Phase, Construction Document Phase, Construction Bidding Phase, and Construction
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
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(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.
Construction Documents Phase--
(b) 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;
(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.
Construction Bidding Phase
(c) —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.
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(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.
Construction Observation and Administration Phase
(d) -- 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
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
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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.
(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
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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.
(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.
Opinions of Cost and Cost of Work
(7) . 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.
Changes in the Work
(8) . 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
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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
recommendation 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.
(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
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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
sum 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
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.
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(c) Charges for printing of final construction documents at cost plus ten (10) percent.
E. OWNERSHIP OF DOCUMENTS
(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 II, 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
Services Provided by the City.
(1) 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 may be 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.
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(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.
(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 party, 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
Insurance.
(1) 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 $100,000/500,000/100,000
Commercial General Combined Single Limit of
Liability Insurance $1,000,000 per Occurrence
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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.
(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
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(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
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: If to Architect:
Steve Polasek Terry T. Cheek, R.L.A.
Director of Community Services President
City of Southlake Schrickel, Rollins and Associates
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400 North White Chapel 1161 Corporate Drive West, Suite 200
Southlake, Texas 76092 Arlington, Texas 76006
(817) 748-8021 (817) 649-3216
I. INDEPENDENT CONTRACTOR
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.
J. 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
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
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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:___________________________ Date:________________________________
ATTEST:
____________________________________
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EXHIBIT A
SCHEDULE OF CHARGES - 2007
BILLABLE SALARY RATE & EXPENSE CHARGES
RANGE OF BILLABLE SALARY
RATE
CLASSIFICATION: LOW HIGH
P $130 $165
RINCIPAL
A 85 155
SSOCIATE
SE 120 155
ENIOR NGINEER
EIII 90 120
NGINEER
EII 75 95
NGINEER
E--T(EIT) 65 85
NGINEERINRAINING
SLA 110 155
ENIOR ANDSCAPE RCHITECT
LAIII 80 110
ANDSCAPE RCHITECT
LAII 65 90
ANDSCAPE RCHITECT
LAI 50 75
ANDSCAPE RCHITECTURAL NTERN
SP 95 130
ENIOR LANNER
P 65 95
LANNER
A 80 130
RCHITECT
AI 50 75
RCHITECTURAL NTERN
D 50 90
ESIGNER
S(RPLS) 90 130
URVEYOR
SC 70 105
URVEY OORDINATOR
ST 60 100
URVEY ECHNICIAN
ET 60 90
NGINEERING ECHNICIAN
PT 50 75
LANNING ECHNICIAN
PC 70 105
RODUCTION OORDINATOR
CADO/DIII 60 90
PERATORRAFTER
CADO/DII 50 70
PERATORRAFTER
CADO/DI 45 60
PERATORRAFTER
SS/SC 45 80
ENIOR ECRETARYPECIFICATIONS OORDINATOR
S/WP 35 65
ECRETARYORD ROCESSOR
C 30 45
LERK
The ranges and individual salaries are adjusted
annually.
OTHER SERVICES:
SFP $125 $150
URVEY IELD ARTY
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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.
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Exhibit B
(Phase I including the five tennis courts)
Shana Yelverton, City Manager
October 29, 2007
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