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Item 10FCity of Southlake, Texas MEMORANDUM February 12, 2003 TO: Billy Campbell, City Manager FROM: Malcolm Jackson, Interim Director of Community Services (xt. 1527) SUBJECT: Approval to enter into an agreement with Dunkin, Sims, Stoffels, Inc., for the design and engineering of the Bob Jones Park Softball Facility Improvements Action Requested: City Council approval to enter into an agreement with Dunkin, Sims, Stoffels, Inc., for the design and engineering of the Bob Jones Park Softball Facility Improvements for an amount not to exceed $120,000, with an additional $22,000 for reimbursable expenses to include geotechnical studies, surveying, and printing costs. Background Information: During the month of December, staff contacted five architectural /engineering firms and requested letters of interest and background information from each in regards to the design of the Bob Jones Park Softball Facility Improvements. Four firms submitted information and staff reviewed and scored their portfolios and letters of interest, evaluating them in ten different categories with the top two firms (Dunkin, Sims, Stoffels and Carter and Burgess) being invited for personal interviews. During the interviews, Dunkin, Sims, Stoffels, Inc., demonstrated good presentation and communication skills, a strong desire to work with the City, and an indication that they were capable of meeting the time frames established for the proj ect. Dunkin, Sims, Stoffels, Inc., is a well known firm in the Dallas/Fort Worth area and their work focuses primarily on the design of parks and recreational facilities. A reference check with area cities (Desoto, The Colony, and McKinney) resulted in glowing recommendations and a high satisfaction rate. Dunkin, Sims, Stoffels has completed numerous projects similar in nature to the planned improvements to Bob Jones Park (design of game fields, irrigation system with well, parking lots, concession building, pavilion, and other park amenities.) Typical services to be provided by Dunkin, Sims, Stoffels as a part of the proposed contract include conceptual design, schematic design, construction documentation and specifications, cost estimation, assistance in pre -bid and pre - construction meetings, construction administration to include pay submittal review and progress analysis, shop drawing review, and responsibility for clarification of construction issues as needed. Financial Consideration: Funding in the amount of $1,870,855 for improvements to Bob Jones Park, including the development of a softball complex, is included in the proposed Billy Campbell, City Manager February 12, 2003 Page 2 SPDC Capital Improvements Program for FY 2002 -03 which is presently subject to forthcoming Council adoption. The proposed agreement for design and engineering services is $120,000 or 7.5% based on a projected construction budget of $1,600,000, with an additional $22,000 for reimbursable expenses to include surveying, geotechnical studies, and printing. Financial Impact: Funding for the design and engineering for the improvements to Bob Jones Park, including the softball facility, are included within the proposed SPDC CIP for fiscal year 2002 -03. Citizen Input/ Board Review: SPDC will consider this item prior to City Council at their February 18, 2003 meeting. The SPDC results will be provided during City Council consideration of this item. The Parks and Recreation Board recommended approval (6 -0), at their February 10, 2003 meeting, to enter into an agreement with Dunkin, Sims, Stoffels, Inc., for the design and engineering of the Bob Jones Park Softball Facility Improvements for an amount not to exceed $120,000, with an additional $22,000 for reimbursable expenses to include geotechnical studies, surveying, and printing costs, subject to City Council adoption of the SPDC Capital Improvements Program. The Parks Board approved Bob Jones Park as the recommended site for the Southlake Girls Softball Association playing game field complex (3 -1 -1) at their July 8, 2002 meeting. The Parks Board considered the SPDC CIP budget, including moving the development of a girls softball complex up to priority #3, and recommended approval to the Southlake Parks Development Corporation (4 -2) at their August 12, 2002 meeting. The Southlake Parks Development Corporation approved Bob Jones Park as the recommended site for the Southlake Girls Softball Association playing game field complex (6 -1) at their July 15, 2002 meeting. The Southlake Parks Development Corporation considered the CIP budget and recommended approval (6 -1) at their September 24, 2002 meeting. Legal Review: The proposed contract with Dunkin, Sims, Stoffels for design services relating to improvements at Bob Jones Park has been reviewed by the City Attorney's office and their comments incorporated. Billy Campbell, City Manager February 12, 2003 Page 3 Page 6 1'a e 2 Alternatives: Alternatives may include: • City Council approval as submitted. • City Council discussion and input. • City Council decision not to approve the proposed contract as presented. Supporting Documents: Supporting documents include the following: ■ Copy of proposed contract with Dunkin, Sims, Stoffels, Inc. Staff Recommendation: City Council approval to enter into an agreement with Dunkin, Sims, Stoffels, Inc., for the design and engineering of the Bob Jones Park Softball Facility Improvements for an amount not to exceed $120,000, with an additional $22,000 for reimbursable expenses to include geotechnical studies, surveying, and printing costs. Paage6Page 3 PROFESSIONAL SERVICES CONTRACT BOB JONES PARK SOFTBALL FACILITY IMPROVEMENTS City of Southlake Project No. 03302004 THIS CONTRACT, by and between the CITY OF SOUTHLAKE, a municipal corporation located in Tarrant County, Texas, hereinafter called "CITY ", and Dunkin, Sims, Stoffels, Inc., a corporation authorized to do business in the State of Texas, hereinafter called "CONSULTANT ", provides the following: WHEREAS, CITY desires the professional architectural services of CONSULTANT, for the programming, design, construction documentation, and limited construction administration for the SOUTHLAKE Bob Jones Park Softball Facility Improvements in the CITY of SOUTHLAKE, County of Tarrant, Texas, consisting of athletic fields, a concession stand, fencing, water well and — related improvements, hereinafter called "Projects "; and WHEREAS, ARCHITECT represents that it is qualified and capable of performing the professional architectural services proposed herein for this Project and is willing to enter into this Contract with CITY to perform said services; NOW, THEREFORE, the parties in consideration of the terms and conditions contained herein agreed as follows: EMPLOYMENT OF THE CONSULTANT CONSULTANT agrees to perform professional services in connection with the Projects as set forth in the following sections of this Contract, and CITY agrees to pay, and CONSULTANT agrees to accept fees as set forth herein as full and final compensation for all services provided under this Contract. 2. CONTRACT ADMINISTRATION The Director of Community Services or his designated representative s— (hereinafter called "Director ") shall administer this Contract on behalf of the CITY, and Dennis Sims, or his designated representative, shall administer this Contract on behalf of the CONSULTANT. CONSULTANTS SERVICES 3.01 Scope of Project Services The CONSULTANT'S services consist of those services performed by the CONSULTANT, CONSULTANT'S employees and CONSULTANT CONSULTANT ' S, subcontractors or consultants as enumerated in Section 3 of this Agreement ^a any otheF ° ° r^ ^ °° iffi^i „ a °a 4 Paage6Page 4 a. The CONSULTANT'S services shall be performed as expeditiously as is consistent with the degree of professional skill prevailing in the Dallas/Ft. Worth Metroplex area and care and the orderly progress of the Work. The CONSULTANT shall submit for the CITY'S approval a schedule for the performance of the CONSULTANT'S services which shall be consistent with the time periods established in Section 7 and which may be adjusted as the Project proceeds. The schedule shall include allowances for periods of time required for the CITY'S review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the CITY shall not, except for reasonable cause, be exceeded by the CONSULTANT or CITY. b. The CONSULTANT shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program, budget and aesthetics in developing the design for the Project. C. The CONSULTANT shall submit design documents to the CITY at intervals appropriate to the design process for the purposes of evaluation and approval by the CITY. The CONSULTANT shall be entitled to rely on approvals received from the CITY in the further development of the design. 3.02 Professional Services Basic CONSULTANT shall perform for CITY Basic Professional Services for the pPhases of the Project as set forth in this Section 3 . Services shall include providing professional consultation and advice, landscape planning, and furnishing customary structural, mechanical, civil, and electrical engineering services, and customary C- ONSULT- NT- architectural services incidental thereto, and landscape design services for the Project. Basic Services shall include the Preparation of Schematic Designs, Design Development, Construction Document and Specifications preparation, assistance in Bidding and Negotiations, and Construction Administration for the .- construction of the Bob Jones Park Softball Facility Improvements (the Project) Basic Services tshall include CONSULTANT's e a e aid presentations at up to eight meetings, to include, but not limited to, 4meetings of the City Council and Park Board All meetings pertaining to theseis Project will be held in the CITY at a designated CITY facility. 3.03 Schematic Design Phase. a. The CONSULTANT shall review the program furnished by the CITY to determine the requirements of the Projects and shall arrive at a mutual understanding of such requirements with the CITY. b. The CONSULTANT shall advise the CITY as to the necessity of CITY providing or obtaining from others data or services of the types described in Section 6, SERVICES BY CITY C. The CONSULTANT shall review with the CITY alternative approaches to design and construction of the Project. Paage6Page 5 d. d. The G0NSTJLT-A NT- shall review with the CITY alternative — approaches —tom design and constr-iletion of the Pr-qjeet. e. k Based upon the mutually agreed upon program, schedule, and Project design budget, the CONSULTANT shall prepare, for approval by the CITY, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of the Project. g- The CONSULTANT shall provide Schematic Design Documents based on the mutually agreed -upon program, schedule, and budget for the Cost of the Work. The documents shall establish the conceptual design of the Project illustrating the scale and relationship of the Project components. The Schematic Design Documents shall include a conceptual site plan, if appropriate, and preliminary building plans, sections and elevations. 9. The CONSULTANT ..hall p ., ,.lemma. ev aluati o n o f th CITY' „ vonstr-lictio" schedule anti --onstr-uetioa budget FeqffiFements, eaek in ter-mN of the other subjeet to the limitations set for-th in Paragraph hf. The CONSULTANT shall submit to the CITY a preliminary estimate of Cost of the Work based on current area, volume or other unit cost. 3.04 Design Development Phase a. Based upon the approved Schematic Design Documents and any adjustments authorized by the CITY in the program, schedule, or project design budget for the Cost of the Work, the CONSULTANT shall prepare, for approval by the CITY, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project with regard to site, architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. Notwithstanding CITY'S approval of the documents, CONSULTANT warrants that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project. Design Development Phase deliverables shall include the following: 1. Plan views in appropriate scale 2. Sections where appropriate 3. Elevations where appropriate 4. Typical details (architectural and structural) 5. Preliminary mechanical schematic and design loads 6. Preliminary electrical schematic with design loads 7. Preliminary plumbing schematic with design loads 8. Outline specification in CSI format b. The CONSULTANT shall coordinate with appropriate governmental authorities for compliance with applicable codes, ordinances, and laws. Paage6Page 6 C. The CONSULTANT shall advise the CITY of any adjustments to the preliminary estimate of Cost of the W El oesti�- d. The CONSULTANT shall provide two (2) sets of blue -line drawings to the CITY for review of the Design Development Phase. Cost of these drawings shall be included in the compensation for Basic Professional Services. C. The CONSULTANT shall prepare design and documentation for alternate bid requests proposed by the CITY. 3.05 Construction Documents Phase a. Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the project design/construction budget authorized by the CITY, the CONSULTANT shall prepare, for approval by the CITY, Construction Documents. A complete and correct set of Construction Documents consisting of architectural and engineering Stamped /Sealed Drawings and Specifications setting forth in detail the requirements for construction of the Projects. The Construction Documents shall consist of Drawings and Specifications setting forth in detail requirements for the construction of the Project, which shall comply with those laws, statutes, ordinances, codes and regulations applicable to the CONSULTANT'sS Services at the time of preparation. The Construction Documents shall include Drawings and specifications that establish in detail the quality levels of materials and systems required for the Project. The CONSULTANT shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. b. Construction Document Phase deliverables shall include contract documents coordinated into a bidding package, the necessary bidding information, bidding forms, the Conditions of the Contract [General, Supplementary and other Conditions] and the form of Agreement between the CITY and Contractor. C. The CONSULTANT shall provide two sets of blue -line drawings withand Project Manuals to the CITY for review before the final plans of the Construction Document Phase are completed. The cost of the se drawings and manuals are included in Basic Professional Services. The Project Manual shall include the Conditions of the Contract for constitution and specifications and may include bidding requirements and sample forms. d. The CONSULTANT shall advise the CITY of any adjustments to previous preliminary opinions of Cost of the Work indicated by changes in project requirements or general market conditions. e. The CONSULTANT shall assist the CITY with the CITY'S responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project, if applicable. Page 6 1'a e 7 3.06 Construction Bidding Phase a. The CONSULTANT, following the CITY'S approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost, shall assist the CITY in (i) establishing a list of prospective bidders; (ii) obtaining bids, and (iii) assist in awarding and preparing contracts for construction b. If requested by the CITY, the CONSULTANT shall distribute the Bidding Documents to prospective bidders and request their return upon completion of the bidding process. The CONSULTANT shall maintain a log of distribution and retrieval, and the amounts of deposits, if any, received from and returned to prospective bidders. C. The CONSULTANT shall answer questions from prospective bidders, provide clarification and interpretations of the Bidding Documents to prospective bidders in the form of addenda. Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. d. The CONSULTANT shall arrange for procuring the reproduction of Bidding Documents for distribution to prospective bidders. Copies are reimburseable under Section 4.03 hereof. e. The CONSULTANT shall assist the CITY in conducting the pre -bid meeting and bid opening at a designated CITY location and awarding and preparing contracts for construction. f. The CONSULTANT shall assist the CITY in bid evaluation and determination of the successful bid, if any. The CONSULTANT shall review the low bidder's qualifications after bid opening and advise CITY as to the acceptance of bid. If requested by the CITY, the CONSULTANT shall notify all prospective bidders or contractors of the bid or proposal results. 3.07 Opinions of Cost and Cost of Work a. Since CONSULTANT has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, CONSULTANT'S opinion of probable Construction Cost provided for herein are to be made on the basis of CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgment as an experienced and qualified professional familiar with the construction industry; but CONSULTANT cannot and does not guarantee that proposals, bids or actual Construction Costs will not vary from opinions of probable cost prepared by CONSULTANT. b. If prior to the Bidding Phase, CITY wishes greater assurance as to Construction Costs, CITY shall employ an independent cost estimator. Page 6 1'a e 8 C. The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the CITY and equipment designed, specified, selected or specially provided for by the CONSULTANT including the costs of management or supervision of construction or installation provided by a separate construction manager of contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. It shall not include the fees for architect's services. 3.08 Construction Phase - Administration of the Construction Contract a. The CONSULTANT'*S responsibility to provide Basic Services for the Construction Phase under this Contract commences with the award of the Contract for Construction and terminates at the issuance of the CITY of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work XTEiZF An9 vnrT �nn.iznnT4 - 1 9 - T —9- RVX9e n449n except as provided in subsection x hereof. b. The CONSULTANT shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Contract, unless otherwise provided in this Contract. In the event of a conflict because the provisions of the AIA document and this Agreement, the Agreement shall be controlling. C. Construction Phase duties, responsibilities and limitations of authority of the CONSULTANT shall not be restricted, modified or extended without written agreement of the CITY and CONSULTANT. d. The CONSULTANT shall be a representative of and shall advise and consult with the CITY (1) during construction until final payment to the Contractor is due, and (2) as an Additional Service at the CITY'S direction from time to time during the warranty period described in the Contract for Construction. The CONSULTANT shall have authority to act on behalf of the CITY only to the extent provided in this Agreement unless otherwise modified by written instrument. e. The CONSULTANT shall review Contract Documents, bonds, and insurance certificates from the successful bidder. f. The CONSULTANT shall schedule and conduct pre - construction conferences at a designated CITY location. Contractor shall also schedule and conduct monthly job site meetings at designated CITY location to review progress of construction. R. The CONSULTANT shall visit the site at intervals appropriate to the stage of construction, at least two times a month, or as otherwise agreed by the CITY and CONSULTANT in writing to become familiar with the progress and quality of Work completed and to determine in general —T-ag" e 9 if the work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. On the basis of on -site observations as an CONSULTANT, the CONSULTANT shall keep the CITY informed of the progress and quality of the Work, and shall exercise the in 4iseaveFing and pFomptly fepoAing to t h e CJTV A4:1 d (:W i 4:1 the, 117"V4 of Con4aetof pNt ssiOflajst�^4 ceiAMe�sxr^ e-, 1 t h° utmost of care and diligence exercised by aFehit ° ^tsCONSULTANTs in the Dallas -Fort Worth Metroplex area in discovering and promptly reporting to the CITY any defects or deficiencies in the work of Contractor or any subcontractors. The CONSULTANT represents that he shall follow the highest normal professional standards commensurate with the degree of care and diligence exercised by CONSULTANTS in the DFW Metroplex area in performing all services under this Agreement. The CONSULTANT shall promptly correct any defective designs or specifications furnished by the CONSULTANT at no cost to the CITY. The CITY'S approval, acceptance, use of or payment for all or any part of the CONSULTANT'S services hereunder or of the Project itself shall in no way alter the CONSULTANT'S obligations or the CITY'S rights hereunder. fr Based on the CONSULTANT observations at the site of the work and evaluations of -- - - Formatted: Bullets and Numbering the Contractor's Applications for Payment, the CONSULTANT shall review and certify the amounts due the Contractor. The CONSULTANT shall maintain a record of the contractor's applications for payment. g: i. The CONSULTANT'S certification for payment shall constitute a representation to the CITY, based on the CONSULTANT'S observations at the site as provided in Subsection g and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that l ft i a .t � . ..t p � ��n� W �s- �r t accOr�ce��a���a�. r �O ^�an�,s o the best of CONSULTANT knowledge, information and belief. The foregoing representations are subject to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the CONSULTANT. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the CONSULTANT has (1) reviewed construction means, methods, techniques, sequences or procedures, (2) reviewed copies of requisitions received form subcontractors and suppliers and other data requested by CITY to substantiate the contractor's right to payment, (3) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum or ( 4) made exhaustive and continuous inspection to check the quality of the work j The CONSULTANT shall have the responsibility and authority to reject Work which does not conform to the Contract Documents. Whenever the CONSULTANT considers it necessary or advisable for implementation of the intent of the Contract Documents, the CONSULTANT will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither —T-ag"Page 10 this authority of the CONSULTANT nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the CONSULTANT to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work. n. flHo CONS14 TANT'6 9� a p�o�t,,�;,,,� o f 4 C_ , ;4( # CW 4 ; t affJ041pt to fl CITY, based an CONSULTANT's -At the--, Site--, MIA- OB the--, d—At-A OOMPFiSifig the GOPAFaet()FS Appheation fOF PayffleHl, that, to the--, best of the CONSULTANT's 1mowledge, infoFmatian and belief-, D n t s k. The CONSULTANT shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of determining whether or not the Work, when completed, will conform to the requirements of the Contract Documents. The CONSULTANT shall act with such reasonable promptness to cause no delay in the Work or in the construction of the CITY or of separate contractors, while allowing sufficient time in the CONSULTANT'S professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The CONSULTANT'S review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the CONSULTANT, of construction means, methods, techniques, sequences or procedures. The CONSULTANT'S approval of a specific item shall not indicate 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, the CONSULTANT 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. kl. On behalf of the CITY and with CITY'S representation, the CONSULTANT shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and shall issue Certificates of Substantial and Final Completion. The CONSULTANT will receive and review warranties, written guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a Final Certificate for Payment upon compliance with the requirements of the Contract Documents. hn. The CONSULTANT'sS inspection shall be conducted with the CITY'S Designated Representative to check conformance of the work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. Paage6Page 11 Rln. When the Work is found to be substantially complete, the CONSULTANT shall inform the CITY about the balance of the Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or correction of the Work. R o . The CONSULTANT shall obtain from the Contractor and forward to the CITY: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment and (2) affidavits big lls aid receipts, releases and waivers of liens or bonds indemnifying the CITY against liens. 40M the-, bidder-. p. The CONSULTANT shall se-hedifl° ^ ^ ^ +a ^ t ^ +is#4g ^ti^^ at dOSigflatOd CITY 10-1-3-Ati0". shall -also se-hp-A-mle, —;A4qd- e-ond-met mhant" job site meetings a desig CITY 1 to ,- A T Pro gF@SS Of 0041,t4211 M q The CONSULTANT Rhall coordinate final site walk through with the CITY at the conclusion of the construction and provide a punch list to the Contractor in order to complete the project. 1=q. Interpretations and decisions of the CONSULTANT 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. When making such interpretations and initial decisions, the CONSULTANT shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence of negligence. sr. The CONSULTANT shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the CITY and Contractor relating to the execution or progress of the Work as provided in the Contract Documents. t S. The CONSULTANT (1) shall render services under the Agreement in accordance with the professional standards prevailing in the Dallas -Fort Worth metroplex area, (2) will reimburse the CITY for all damages caused by the def -et T'eneeheent designs the CONSULTANT prepares; and (3) by acknowledging payment by the CITY of any fees due, shall not be released from any rights the CITY may have under the Agreement or diminish any of the CONSULTANT'S obligations thereunder. , at. The CONSULTANT shall provide the CITY with two sets of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase. vu. The CONSULTANT shall review properly prepared timely requests by the Contractor for additional information about the Contract Documents. A properly prepared request for additional information about he Contract Documents shall be n a form prepared or approved by the CONSULTANT and shall include a detailed written statement that indicates the specific Drawings or Specifications in need or clarification and the nature of the clarification requested. Paage6Page 12 �W. If deemed appropriate by the CONSULTANT, the CONSULTANT shall on the CITY'S behalf prepare, reproduce and distribute supplemental Drawings and Specifications in response to requests for information by the Contractor. xw. The CONSULTANT shall meet with the CITY or the CITY'S Designated Representative promptly after Substantial Completion to review the need for facility operation services. yx. Prior to the expiration of one year from the date of Substantial Completion, the CONSULTANT shall conduct a meeting with the CITY and the CITY'S Designated Representative to review the facility operations and performance and to make appropriate recommendations to the CITY. 3.09 Change In Services a. The CONSULTANT shall prepare Change Orders and Construction Change Directives for the CITY'S approval and execution in accordance with the Contract Documents. The CONSULTANT may authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. If necessary, the CONSULTANT shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted or modified, as provided in Section 3.09 c b. The CONSULTANT shall review properly prepared, timely requests by the CITY or Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time. A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to permit the CONSULTANT to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications. If the CONSULTANT determines that requested changes in the Work are not materially different from the requirements of the Contract Documents, the CONSULTANT may issue an order for a minor change in the Work or Recommend to the CITY that the requested change be denied. C. If the CONSULTANT determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the CONSULTANT shall make a recommendation to the CITY, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished by the Contractor, if any, the CONSULTANT shall estimate the additional cost and time that might result from such change, including any additional costs attributable to a Change in Services of the CONSULTANT with the CITY'S approval, the CONSULTANT shall incorporate those estimates into a Change Order or other appropriate documentation for the CITY'S execution or negotiation with the Contractor. d. The CONSULTANT shall maintain records relative to changes in the Work. e. Change in Services of the CONSULTANT, including services required of the CONSULTANT' ° ' ^ ^ ^* ^ ^ * ^rS consultant may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the CONSULTANT'sS control, or if the CONSULTANT'sS services are affected as described in Sub paFagFaph 1 subsection f. and if mutually agreed in writing. In the Paage6Page 13 absence of mutual agreement in writing, the CONSULTANT shall notify the CITY prior to providing such services. If the CITY deems that all or a part of such Change in Services is not required, the CITY shall give prompt written notice to the CONSULTANT, and the CONSULTANT shall have no obligation to provide those services. Except for a change due to any act or omission of the CONSULTANT, Change in Services of the CONSULTANT shall entitle the CONSULTANT to an adjustment in compensation pursuant to Section 3.09 and to any Reimbursable Expenses described in S 4pffaffaph 9.2ection 4 . f. The following Design and Contract Administration Services shall be provided by the CONSULTANT as a Change in Services in accordance with Pafagfaph 1.2.5 Section 4.03 1. Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or revision of Instruments of Services, 2. Evaluation of an extensive number of claims submitted by the CITY'S consultant the Contractor or others in connection with the Work; 3. Evaluation of substitutions proposed by the CITY'S GONSr rr TA-NTconsultant or contractors and making subsequent revisions to Instruments of Services resulting therefrom, 4. Mal4flg ievisi0ns�r^ speeit eao^ - tmher- doc� tents, IA - 40H suc� ^ aa;.;, 4gA ° p Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the CITY or Contractor under the Contract for Construction 5. Providing o"suh �HOenifig F0P1ae0man* 04IxVwv a , gea b� fiFeOr Oche S. P-o; :a;n,. services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services -end 36. Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked -up prints drawings and other data furnished by the Contractor to the CONSULTANT. (This is for drawings prepared in addition to those specified in Pwagraplk .Section 3. ) age Fi Page 14 3.10 Additional Professional Services Additional services by the CONSULTANT shall be provided if authorized by the CITY. Compensation for the additional services, unless otherwise agreed, shall be a multiple of direct personnel expenses. Direct personnel expenses shall be calculated using the rates and multiplier shown on Exhibit "A ", attached hereto. 4. PAYMENT FOR SERVICES Payment for Services shall include all costs to perform the professional services in connection with this project as described herein, including but not limited to Direct Labor costs, Subcontractor costs, and Direct Non -Labor Expenses such as review documents, supplies, equipment, communications, and local travel. CONSULTANT shall submit itemized monthly statements for Service Costs incurred. CITY shall make payments within 30 days of the statement date f r SOFN4ees PFOPOFI-' ^°r* ^rm °a ^ ^a be •able i fi aP0 ( :W d A 4 : 1( 2e ' 4A th the pF ^+ th. T°°°° Go °^* G ^a °in the amount shown by the CONSULTANT'S monthly statements and other documentation submitted and no interest shall ever be due on late payments 4.01 Compensation for Basic Professional Services for the Bob Jones Park Softball Facility Improvements shall not exceed $120,000 Basic Services Fee) for a design budget of approximately $1,600,000. The stipulated sum shall be increased or decreased proportionally if the project design budget authorized in writing by the CITY is different from the original projection stated in this Contract. a. Payment for expenses, costs, and services for Schematic Design and Design Development Phases described in Sections 3.03 and 3.04 shall not exceed 40% of ti Basic sServices Fee b. Payment for expenses, costs, and services for Construction Document Phase described in Section 3.05, shall not exceed 45% of b the B asic sServices Fee. C. Payment for expenses, costs, and services, in the Bidding and Negotiation Phase described in Section 3.06, shall not exceed 5% of b the B asic sServices Fee d. Payment for expenses, costs, and services, in Construction Administration Phase described in Section 3.08, shall not exceed 10% of b the B asic sServices Fee. e. Nothing contained in this Seeartion shall require the CITY to pay for any work which is unsatisfactory as reasonably determined by the Director or which is not submitted in compliance with the terms of this Contract. CITY shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Contract; nor shall this paragraph constitute a waiver of any right, at law or in equity, which CITY may have if the CONSULTANT is in default, including the right to bring legal action for damages or for specific performance of this Contract. age Fi Page 15 4.02 Compensation for Other Additional Services that may be authorized shall be a multiple of direct personnel expense. Direct personnel expense shall be calculated using the rates and multiplier shown on "Exhibit A" attached hereto. 4.03 Compensation for Reimbursable Expenses means the actual expenses incurred by CONSULTANT or CONSULTANT'S independent professional associates or Sub - consultants directly in connection with the Projects. Compensation for Reimbursable Expenses that may be authorized shall be a multiplier of the direct expense as shown in Exhibit A. Reimbursements by CITY to CONSULTANT shall be based on the following: a. a. Fees required for securing approval of authorities having jurisdiction over the CITY and the Projects will be reimbursable. This includes fees required by the Texas Department of Licensing and Regulation, if applicable. b. Other reimbursable expenses, including courier fees and long distance phone charges, may become due if the CITY requests or authorizes such payment. However, the CITY will not be separately charged for local or outside transportation and lodging, local telephone /facsimile communications, supplies and equipment, postage and delivery charges normal to the project; nor for the use of computer - aided design and drafting equipment n eeess r- to per __ * h ° Basie Sen4eosormal to the project OWNERSHIP OF DOCUMENTS 5.01 All information and other data given to, prepared, or assembled by CONSULTANT under this Contract, and other related items shall become the sole property of CITY and shall be delivered to CITY, without restriction on future use. CONSULTANT may make copies of any and all documents and items for its files. A set of Mylar reproducible plans and digital files in AutoCAD format shall be filed with the CITY prior to final payment. CONSULTANT shall have no liability for changes made to or use of the drawings, specifications, and other documents by anyone subsequent to the completion of the Projects. CITY shall require that any such change or other use shall be sealed by the CONSULTANT making that change or use and shall be approximately marked to reflect what was changed or modified. 6. SERVICES BY CITY CITY shall provide the following services under this Contract: 6.01 The CITY shall provide boundary surveys, detailed topographic maps and surveys, utility locations, street maps, architectural drawings, geotechnical tests, and other documents necessary to the design by the CONSULTANT. age { Page 16 6.02 The CITY shall provide information regarding requirements for the Projects, 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 site requirements. The CITY shall provide a budget for the Project, with timely revisions appropriate to the design phases. 6.03 The CITY shall meet with CONSULTANT as required for the timely completion of the Basic Professional Services. All meetings will take place at a designated CITY facility. 7. COMPLETION SCHEDULE The services furnished by the CONSULTANT under this Contract will be diN4de -ii ^performed under two separate schedules inelude 1) the Athletic Fields; and 2) Building and Park Amenities to and shall be completed in accordance with the following: For the purposes of this Contract, a month is defined as thirty (30) calendar days and a week as seven (7) calendar days. If any of the following submissions fall on a CITY non - working day, then the submission shall be due the following CITY working day. 7.01. The duration of time required to complete the Athletic Field Construction Document Phase shall not exceed 60 calendar days. a. Day count for the Athletic Field Construction Document Phase shall begin on the date the Letter to Proceed is issued. 7.02. The duration of time required to complete the Schematic Design Phase under this contract for the Building and Park Amenities shall not exceed 45 calendar days. a. Day count for the Schematic Design Phase shall begin on the date the Letter to Proceed is issued. 7.03 The duration of time required to complete the Design Development Phase, upon approval of the Schematic Design Documents and authorization to proceed, under this contract for the Building and Park Amenities shall not exceed 45 calendar days. a. Day count for the Design Development Phase shall begin on the day the Schematic Design is approved and the CITY has given to the CONSULTANT all requested information the CITY is to provide (topographic maps, geotechnical data, etc.). 7.04 The duration of time required to complete the Construction Document Phase, upon approval of the Design Development Documents and authorization to proceed, under this contract for the Building and Park Amenities shall not exceed 60 calendar days. age { Page 17 a. Day count of the Construction Document Phase shall begin on the day the Design Development Documents are approved. 7.05 The duration of time required to complete the Bidding/Negotiation Phase, upon approval of the Construction Document Phase and authorization to proceed, under this contract for both the Athletic Fields and the Building and Park Amenities is anticipated not to exceed 45 calendar days. 7.06 The duration of time required to complete the Construction Phase for the Athletic Fields is anticipated to be 45 calendar days. 7.07 The duration of time required to complete the Construction Phase for the Building and Park Amenities is anticipated to be 180 calendar days. 8. NOTICE TO PROCEED CITY shall have complete control of the services to be rendered and no work shall be done under this Contract until the CONSULTANT is instructed in writing to proceed. 9. TERMINATION OF CONTRACT CITY may indefinitely suspend further work hereunder or terminate this Contract or any phase of this Contract upon thirty (30) days prior written notice to the CONSULTANT with the understanding that immediately upon the receipt of such notice all work and labor being performed under this Contract shall cease immediately. Before the end of the thirty (30) day period, CONSULTANT shall invoice the CITY for all work accomplished by him prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Projects shall become property of CITY upon termination of the Contract and shall be promptly delivered to CITY in a reasonably organized form without restriction on future use except as stated in Section 5. Should CITY subsequently contract with a new CONSULTANT for continuation of services on the Projects, CONSULTANT shall cooperate in providing information. 10. RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by CITY shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, and CONSULTANT'sS for the accuracy and competency of their designs or other work; nor shall approval be deemed to be an assumption of such responsibility by CITY for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractor, and agents. 11. EQUAL EMPLOYMENT OPPORTUNITY 11.01 The CONSULTANT shall not discriminate against any employee or applicant for employment because of race, age, color, religion, sex, ancestry, national origin, or place of birth. The CONSULTANT shall take affirmative action to insure that applicants are employed and that employees —T-&ge{ 18 are treated during their employment without regard to their race, age, color, religion, sex, ancestry, national origin, or place of birth. 11.02 If the CONSULTANT fails to comply with the Federal 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; and /or b. Declare the CONSULTANT ineligible for future CITY Contracts until it is determined to be in compliance. 12. AMENDMENTS This Contract may be amended or supplemented in any particular only by written instrument and only as approved by resolution of CITY'S City Council or the CITY Manager, except for termination under Section 9, Termination of Contract which may be accomplished by the City Manager or his designated representative as identified in Section 9, Termination of Contract. 13. COMPLIANCE WITH LAWS, CHARTERS, AND ORDINANCES, ETC. The CONSULTANT, its CONSULTANTS agents and employees, and subcontractors shall comply with all applicable Federal and State Laws, the Charter and Ordinances of the CITY of SOUTHLAKE, and with all applicable rules and regulations promulgated by all local, state, and national boards, bureaus, and agencies existing and published before date of this Contract that are known by the CONSULTANT or that are known by the CITY which shall make copies available to the CONSULTANT. 14. RIGHT OF REVIEW CONSULTANT agrees that CITY may review any and all of the work performed by the CONSULTANT under this Contract. CITY is hereby granted the right to audit at CITY'S election, all of the CONSULTANT'S records and billings related to the performance of this contract. CONSULTANT agrees to retain such records for a minimum of three (3) years following completion of this Contract or until any litigation relating to the services provided hereunder is completed. 15. CONFLICT OF INTEREST No officer or employee shall have any financial interest, direct or indirect, in any contract with the CITY or be financially interested, directly, in the sale to the CITY of any land, materials, supplies, or services, except on behalf of the CITY as an officer or employee. Any violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall thereby forfeit his office or position with the CITY. Any violation of this section with knowledge, expressed or implied, of the person or corporation contracting with the CITY shall render the Contract involved voidable by the CITY'S City Manager or the City Council. age Page 19 16. CONTRACT PERSONAL This Contract is for personal and professional services; and the CONSULTANT shall not assign this Contract, in whole or in part, without the prior written consent of the CITY. 17. NOTICES All notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed 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. Mailed notices shall be deemed communicated after five days. If intended for CITY, to: If intended for CONSULTANT, to: Steve Polasek Dennis Sims Deputy Director of Community Services Principal CITY of SOUTHLAKE Dunkin, Sims, Stoffels, Inc. 400 North White Chapel 9603 White Rock Trail, Suite 210 SOUTHLAKE, Texas 76092 Dallas, Texas 75238 (817) 481 -1543 (214) 553 -5778 18. INDEPENDENT CONTRACTOR In performing services under this Contract, CONSULTANT is performing services as an independent contractor. No term, or provision hereof, or act of CONSULTANT in the performance of this Contract shall be construed as making CONSULTANT the agent, servant, or employee of SOUTHLAKE. 19. INDEMNITY CONSULTANT agrees to defend, indemnify, and hold CITY whole and harmless against any and all claims for damages, less,-4iability claims, attorney's fees costs, and expenses of persons or property that may arise out of, or be occasioned by, or from any negligent act, error or omission of CONSULTANT, or any agent, servant, or employee of CONSULTANT in the execution or performance of this Contract. �01 s '7 "\ I LN CONSULTANT agrees to maintain, with reasonable deductibles, in full force and effect for the duration of this Contract and any extensions hereof, at the CONSULTANT'sS sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to CITY. Coverage shall include the following types and minimum amounts: g age 20 TYPE AMOUNT 20.0k Workers Compensation Statutory and Employer's Liability $100,000 /500,000 /100,000 20.02Commercial General Liability Insurance Combined Single Limit of $1,000,000 per Occurrence 203 Comprehensive Automobile Liability Insurance 20.04 Professional Liability (Errors and Minimum State Financial Responsibility Limits $500,000 Per Claim Omission) Insurance a. CONSULTANT shall famish a completed Insurance Certificate to CITY which shall be completed by an agent authorized to bind the named underwriting companies to the coverages, limits, and termination provisions shown hereon. b. N CONSULTANT shall n ame the CITY of SOUTliLAKEax4, its officers, employeers, and elected representatives as additional insureds on the General and Automobile insurance coverages. C. CONSULTANT or CONSULTANT'-,S insurance provider shall notify CITY in the event of any material change in coverage, cancellation, or is considered nonrenewable and shall give such notices 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 €ive5 years to begin at the end of the contract period. Should CONSULTANT change insurance carriers during this entire insuring period, the replacement policy shall include a prior acts provision to eliminate any lapse in coverage. 21. VENUE The obligations of the parties to this Contract are to be performed in Tarrant County, Texas; and if legal action is necessary to enforce it, exclusive venue shall lie in Tarrant County, Texas. 22. APPLICABLE LAWS age Page 21 This Contract is made subject to the provisions of the SOUTHLAKE Code of Ordinances, other CITY Ordinances, Standards, SOUTHLAKE Specifications for materials and construction, as amended, and all State and Federal Laws. 23. GOVERNING LAWS This contract shall be governed by and construed in accordance with the laws and decisions of the State of Texas. 24. 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 provisions thereof, and this Contract shall be considered as if such invalid, illegal or unenforceable provision had never been contained in this Contract. 25. PUBLISHED MATERIAL CONSULTANT agrees that the CITY shall review and approve any written material about CITY projects and /or activities prior to being published by the CONSULTANT. 26. CAPTIONS The captions to the various clauses of this Contract are for informational purposes only and shall not alter any substance of the terms and conditions of this Contract. 27. SUCCESSORS AND ASSIGNS This Contract shall be binding upon and insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and, except as otherwise provided in this Contract, their assigns. 01 1 .: a a I I I 'M W-IM A a a MA 10011 This Contract (pages 1 through 1 -8, and Exhibit A) embodies the complete Contract of the parties hereto, superseding all oral or written previous and contemporary Contracts between the parties and relating to matters in this Contract, and except as otherwise provided herein, cannot be modified without written agreement of the parties to be attached to and made a part of this Contract. age Fi Page 22 IN WITNESS WHEREOF, the parties hereby have executed this Contract in triplicate originals on this date, the day of 1 2003. D tifihifi, SimTSteffels, !n UNKIN, SIMS, STOFFELS, INC. CITY OF SOUTHLAKE: ENNIS SIMS, PRINCIPAL RICK STACY, MAYOR ATTEST: ATTEST: CITY C0eF@ta VECRETARY age Fi Page 23 EXHIBIT A Other Additional Services and Reimbursable Expenses Other Additional Services Direct personnel billable rates: Principal Landscape CONSULTANT CADD Technician Technical Support Clerical Support $105.00 per hour $ 95.00 per hour $ 75.00 per hour $ 50.00 per hour $ 35.00 per hour Reimbursable Expenses Surveying Geotechnical Reports Printing, courier delivery, licensing, miscellaneous Not to exceed $ 7,000.00 Not to exceed $ 5,000.00 Not to exceed $10,000.00 All Additional Services must be authorized by the CITY of SOUTHLAKE prior to the service being performed.