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Item 5JCity of Southlake, Texas M E M O R A N D U M January 10, 2006 TO: Shana Yelverton, City Manager FROM: Steve Polasek, Director of Community Services Consider entering into a professional services agreement with Schrickel, SUBJECT: Rollins and Associates, Inc., for the conceptual planning and schematic design of the undeveloped west side of Bicentennial Park Action Requested: City Council consideration to enter into a professional services agreement with Schrickel, Rollins and Associates, Inc., in the amount of $44,000 for the conceptual planning and schematic design of the undeveloped west side of Bicentennial Park with a supplementary amount of $6,000 for additional and reimbursable expenses to include geo-technical and site surveying. Background Information: Consideration of this item assumes a favorable recommendation of the Southlake Baseball Association’s (SBA) request for SPDC Matching Funds in the amount of $25,000 for professional services for the conceptual planning of the undeveloped west side of Bicentennial Park and schematic design to include primarily a baseball complex, with consideration of general park design and support facilities. The conceptual planning will also take into account existing park development and remarks from the 2005 Parks, Recreation, and Master Plan Update. The proposed professional services include in general the following:  Perform reconnaissance of the site and provide a presentation of findings.  Analyze the capabilities and limitations (opportunities and constraints) of the park site and prepare descriptive graphics in a study of development feasibilities.  Determine needs for utility extensions to serve the site.  Provide throughout the process a preliminary evaluation of the City’s program, schedule and construction budget requirements, each in terms of the other.  Prepare for approval by the City, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. This shall be accomplished in steps: Initially two-to-three conceptual plans of development will be o prepared in sketch form for review Next, the best “Concept of Development” (or combined best o parts of the original concepts) shall be presented for review. Then, a draft of the Schematic Design Document(s) shall be o prepared for review Draft designs shall include a materials palette and a theme of o development for proposed improvements Shana Yelverton, City Manager January 10, 2006 Page 2 Draft design shall include a rough, preliminary grading plan o Following review and approval, the final draft of the Schematic o Design shall be presented to the appropriate Boards and City Council.  Prepare for submittal with the Schematic Design a preliminary Opinion of Probable Construction Cost based on current area, volume or other unit costs.  Prepare corresponding recommendations for construction phasing for the park site. Increments of phased development will correspond to the City’s park budget plans, or anticipated funding.  Provide a colored rendering of the Schematic Design Plan: a printed and mounted copy, and a digital copy on CD. 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 ballfield design. City staff and members of the SBA Board of Directors met with Schrickel, Rollins and Associates to review with them the proposed scope of work and assess their credentials. Schrickel, Rollins, and Associates is a full service firm with a solid reputation. They have designed and provided professional services on numerous high level athletic facilities in the area to include Texas Star in Euless, Wagon Wheel Park in Coppell, Hurst Community Park (Tri-Cities Baseball), C.P. Waggoner Park in Grand Prairie, Roger Williams Ballpark (Weatherford College), and the TCU baseball facility. A representative from Schrickel, Rollins, and Associates will be available at your meeting. Financial Consideration: The proposed agreement for conceptual planning and schematic design is $44,000 with a supplementary amount of $6,000 for additional and reimbursable expenses to include geo-technical and site surveying. Financial Impact: There are no direct financial impacts associated with the proposed professional services. Long term financial impacts from the proposed project may vary based on approved schematic design and future funding considerations Citizen Input/ Board Review: Parks Board reviewed and recommended approval (9-0) at their January 9, 2006 meeting. SPDC will consider this item immediately prior to City Council at their January 17, 2006 meeting. Legal Review: The proposed contract with Schrickel, Rollins, and Associates for professional design services relating to Bicentennial Park has been reviewed by the City Attorney. Shana Yelverton, City Manager January 10, 2006 Page 3 Alternatives: Alternatives may include:  Council approval as submitted  Council approval with input as desired  Council decision not to approve the proposed contract Supporting Documents: Supporting documents include the following:  Copy of proposed contract with Schrickel, Rollins, and Associates Staff Recommendation: Council consideration to enter into a professional services agreement with Schrickel, Rollins and Associates, Inc., in the amount of $44,000 for the conceptual planning and schematic design of the undeveloped west side of Bicentennial Park with a supplementary amount of $6,000 for additional and reimbursable expenses to include geo-technical and site surveying. Shana Yelverton, City Manager January 10, 2006 Page 4 PROFESSIONAL SERVICES CONTRACT SCHEMATIC DESIGN OF A BASEBALL COMPLEX FOR THE WEST SIDE OF BICENTENNIAL PARK CITY OF SOUTHLAKE This Professional Services Contract (“Contract”) is hereby made to be effective on __________________, 2005 (“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 generally tconceptual planning, estimates of probable cost, schematic design, recommendations for phased development, and colored renderings for the proposed improvements at Bicentennial Park located in the 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. Contract Documents— (2) means this Contract, and the Schematic Design Documents. Contract Time (3) – means the total length of time to complete the project from the commencement date of the contract. Schematic Design Phase— (4) 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. Shana Yelverton, City Manager January 10, 2006 Page 5 II. Terms and Conditions A. EMPLOYMENT OF THE ARCHITECT Architect agrees to perform Basic Professional 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. or his designated representative 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 conceptual plans, schematic design, estimate of probable cost, recommendations for phased development, and colored renderings with respect to the Project. Basic Professional Services shall also include Architect’s presentations at up to eight meetings with the City including, but not limited to, City Council and Park Board. All such meetings will be held at a designated City facility. The Architect’s Basic Professional Services to develop the SCHEMATIC DESIGN for facilities on the West Side of Bicentennial Park include the following processes and products:  Prepare a base map of existing information [information to be provided by the CITY] to include boundaries, topographic information, existing improvements and utilities in an electronic file as a base for CAD drawings.  Review the program furnished by the City to ascertain the requirements of the Project and arrive at a mutual understanding of such requirements with the City. The general program shall be development of the west side of o Bicentennial Park to include, but not be limited to, a baseball complex of a main large field, several small fields, spectator areas, parking areas, roadways, drainage, support buildings and other such components associated with the baseball complex with consideration to current park development and layout.  Perform reconnaissance of the site and provide a presentation of findings.  Analyze the capabilities and limitations (opportunities and constraints) of the park site and prepare descriptive graphics in a study of development feasibilities. These will be presented as two-to-three arrangement analyses (“bubble diagrams”).  Determine, through coordination with City Staff, needs for utility extensions to serve the site.  Provide throughout the process a preliminary evaluation of the City’s program, schedule and construction budget requirements, each in terms of the other. Shana Yelverton, City Manager January 10, 2006 Page 6 Formatted: Indent: Left: 1.58"  Based on a mutually agreed-upon program, schedule and construction budget requirements, prepare, for approval by the City, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. This shall be accomplished in steps. Initially two-to-three conceptual o plans of development will be prepared in sketch form for review by City Staff and/or Stakeholders Next, the best “Concept of Development” (or combined best parts of o the original concepts) shall be presented to the City Staff and/or Stakeholders for review and approval. Then, a draft of the Schematic Design Document(s) shall be prepared o for review by the City Staff and Stakeholders. Draft designs shall include a materials palette and a theme of o development for proposed improvements. Draft design shall include a rough, preliminary grading plan. o Following review and approval, the final draft of the Schematic Design o shall be presented to the appropriate Boards and City Council.  Prepare for submittal with the Schematic Design a preliminary Opinion of Probable Construction Cost based on current area, volume or other unit costs.  Prepare corresponding recommendations for construction phasing for the park site. Increments of phased development will correspond to the City’s park budget plans, or anticipated funding.  Provide a colored rendering of the Schematic Design Plan: a printed and mounted copy, and a digital copy on CD. 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 Documents, Architect agrees to provide Documents 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 2 only, “good cause” may include, but may not be limited to, events that are beyond the Architect’s control. Shana Yelverton, City Manager January 10, 2006 Page 7 Basis of Services. (4) In developing the Documents 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 planning and design documents to the City at intervals appropriate to the 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 accomplished in the steps described in paragraph C.(1) and shall end with completion of the Schematic Design.. . Opinions of Cost and Cost of Work (7) . Since Architect has no control over the cost of labor, materials, equipment, or services which may at a future date be furnished by a general contractor or 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 future proposals, bids or the actual Cost of Work will not vary from Architect’s opinion of the estimated Cost of Work. (a)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). (b)d) The following services shall also be provided by Architect as Additional Services under this Contract: (i) Evaluating substitutions proposed by the City, that would result in or require subsequent revisions to instruments of services resulting therefrom; (ii) Providing a computer-animated “three-dimensional birds eye view” of the Project. (ce) Other Additional Professional Services. Any other additional services to be provided by Architect in furtherance of the completion of the Project other than the Additional Services described in Article II, Section C, Subsection (7)(d) of this Contract (“Other Additional Services”) shall be valid only if authorized in writing by the City. Such services may include assessments of environmental hazards in structures, structural engineering, MEP engineering, geotechnical and surveying services, environmental studies or a SWPPP. Architect’s compensation for Other Additional Services shall be in accordance with Article II, Section (D), Subsection (4) below. Shana Yelverton, City Manager January 10, 2006 Page 8 D. PAYMENT FOR SERVICES Costs. (1) Payment for Architect’s Basic Professional Services and Additional 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 and equipment, and to travel to and from Architect’s principal office and the City or Job Site (“Local Travel”) (collectively “Costs”). 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. Basic Services Fee. (2) Compensation including Architect’s expenses, costs and services for the Basic Professional Services shall be the stipulated sum of $44,000.00 (“Basic Services Fee”). Limitations on Payment Obligations. (3) 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. Compensation for Other Additional Services (4) . 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. Compensation for Reimbursable Expenses. (5) 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. E. OWNERSHIP OF DOCUMENTS Shana Yelverton, City Manager January 10, 2006 Page 9 (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 boundary surveys, detailed topographic maps and surveys, utility locations, street maps, architectural drawings, geotechnical tests, and other documents necessary to the design of the Project. (b) Providing information regarding requirements for the Project, including a program which shall set forth the City’s design objectives, constraints and criteria, including space 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—Conceptual Planning and Schematic Design. The duration of time required to complete the Schematic Design shall not exceed 90 calendar days from the Effective Date of this Contract, not inclusive of City scheduling delays that may result from working meetings or presentations into City’s calendar schedules. H. NOTICE TO PROCEED Shana Yelverton, City Manager January 10, 2006 Page 10 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 Comprehensive Automobile Minimum State Financial Liability Insurance Responsibility Limits Professional Liability $500,000 Per Claim (Errors and Omission) Insurance Shana Yelverton, City Manager January 10, 2006 Page 11 (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 (b) Declare Architect ineligible for future City contracts until it is determined to be in compliance. C. AMENDMENTS Shana Yelverton, City Manager January 10, 2006 Page 12 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 all applicable federal and state laws, with the Charter and Ordinances of the City, and with all applicable rules and regulations promulgated by all local, state, and national boards, bureaus and agencies existing and published before Effective Date of this Contract. E. RIGHT OF REVIEW 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 400 North White Chapel 1161 Corporate Drive West, Suite 200 Shana Yelverton, City Manager January 10, 2006 Page 13 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. Shana Yelverton, City Manager January 10, 2006 Page 14 Q. ENTIRE AGREEMENT This Contract and the exhibits attached hereto embody the complete agreement of the parties hereto, superseding all prior or contemporaneous oral or written agreements between the parties relating to the subject matter hereof. IN WITNESS WHEREOF, the parties hereby have executed this Contract in triplicate originals to be effective on the Effective Date. SCHRICKEL, ROLLINS AND ASSOCIATES: CITY OF SOUTHLAKE: By: Terry T. Cheek, R.L.A., President Andy Wambsganss, Mayor Date:___________________________ Date:________________________________ ATTEST: ____________________________________ Shana Yelverton, City Manager January 10, 2006 Page 15 EXHIBIT A Other Additional Services and Reimbursable Expenses SCHEDULE OF CHARGES - 2005 BILLABLE SALARY RATE & EXPENSE CHARGES RANGE OF BILLABLE SALARY RATE CLASSIFICATION: LOW HIGH PRINCIPAL $130 $155 ASSOCIATE 85 140 SENIOR ENGINEER 110 130 ENGINEER III 90 110 ENGINEER II 65 90 ENGINEER I 60 80 DESIGNER/ENGINEER-IN-TRAINING 50 70 SENIOR LANDSCAPE ARCHITECT 110 140 LANDSCAPE ARCHITECT III 80 100 LANDSCAPE ARCHITECT II 65 85 LANDSCAPE ARCHITECT I 50 70 DESIGNER 45 60 SENIOR PLANNER 95 130 PLANNER 75 95 ARCHITECT 80 95 DESIGNER 75 95 SURVEY COORDINATOR 70 95 SENIOR ENGINEERING TECHNICIAN 55 70 ENGINEERING TECHNICIAN 50 70 PLANNING TECHNICIAN 50 66 PRODUCTION COORDINATOR 70 105 CAD OPERATOR/ DRAFTER III 60 85 CAD OPERATOR/ DRAFTER II 50 70 CAD OPERATOR/ DRAFTER I 45 60 SENIOR SECRETARY/SPECIFICATIONS COORDINATOR 45 80 SECRETARY/WORD PROCESSOR 37 52 CLERK 30 40 The ranges and individual salaries are adjusted annually. OTHER SERVICES (invoiced at rate shown): Survey Field Party $115/hour PRINTING SERVICES (in house): COMPUTER PLOTTING SERVICES (in house): BLACK INK ON COLOR ON MYLAR FILM SQ. FT. PER ORDER BLUE LINE MYLAR SIZE BOND/VELLUM BOND/VELLUM OF INK PLOT PRICE VARIES ACCORDING TO SIZE OF ORDER up to 11"x17" $ 10.50 $ 13.00 $ 13.50 24"x36" 11.00 15.50 21.00 6 $3.70 $10.00 30"x42" 12.50 22.00 27.00  oversize add 2.50/SF 3.50/SF 4.50/SF 100 25.71 139.00 101-200 0.18/S.F. 1.30/S.F. 201-300 0.14/S.F. 1.25/S.F. 301-1000 0.13/S.F. 1.20/S.F. 1001 - up 0.11.S.F. 1.15/S.F. 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. All Additional Services must be authorized by the City prior to the service being performed.