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.