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08-117 - R TOWN OF PROSPER,TEXAS RESOLUTION NO. 08-117 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR THE 57 ACRE COMMUNITY PARK IMPROVEMENTS, BETWEEN JACOBS ENGINEERING GROUP,INC.AND THE TOWN OF PROSPER. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a Professional Services Agreement for the 57 Acre Community Park Improvements between Jacobs Engineering Group, Inc., and the Town of Prosper, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 25th day of November, 2008. Char es Niswah�Mayor ATTEST TO: %0%jil • . q \ O • • � of PElatthew D. Denton,TRMC 3 Town Secretary w • s ® •�: TEXAS Contract No. 7 JACOBS AGREEMENT FOR PROFESSIONAL SERVICES FOR PROSPER SPORTS COMPLEX-PHASE I Prosper,Texas This AGREEMENT is made and entered into this 25th day of November, 2008, by and between the Town of Prosper,Texas hereinafter called the"OWNER"or"Town",and Jacobs Engineering Group,Inc. hereinafter called"JEG". On consideration of the mutual agreements herein and subject to the following terms and conditions,the parties mutually agree as follows: I. PROJECT DESCRIPTION Jacobs Engineering Group Inc. ("JEG') will perform professional design services for the Town of Prosper(the"Town")for Phase I of park improvements at the Prosper Sports Complex(the"Park"). This work will be guided by the`Town of Prosper Park/Prosper ISD Stadium& Event Center Master Plan",previously developed by PBK and dated September 25,2008.JEG will prepare final construction documents for the park improvements for the purpose of bidding the work in accordance with Town standards and budgets,as well as federal,state and local laws. This scope of work includes professional landscape architectural,engineering,and architectural design services. JEG will be joined by the subconsultant firm of Gaylen Howard Laing Architect for the architectural components of the project.The program for the Park improvements will be based on the Master Plan Probable Cost Summary,dated October 10,2008,as identified by the Town and prepared by PBK. This scope of work and fee schedule is based upon an approved program, Phase I development and approximate construction budget of $6,250,000.00 as identified by the Town on November 5,2008 in a meeting with JEG. II. SCOPE OF SERVICES A. BASE MAP PREPARATION AND FINAL PROGRAM DEVELOPMENT 1. JEG will utilize the previously prepared topographic survey information dated June 2008, for Prosper Sports Complex, as prepared by RLK Engineering. The Town will also provide JEG any additional information required to perform this Scope of Services for on- site and off-site conditions including,but not limited to:above and below ground utilities; easements; property lines; right-of-ways, subdivision layouts, roadways, vegetation, soils/Geo-technical information, hydrology/drainage information, etc. Based upon the existing survey and additional information provided by the Town, JEG will prepare an existing conditions base map(s)for use in Design Development and final Construction Documents. Should any additional site survey information be necessary,the Town will be responsible for providing the required information. The Town will provide a Preliminary Grading Plan for the site that is to be utilized in the base mapping, programming and layout of site elements for the park. Prosper Sports Complex.P03 Page 1 2. During the base map preparation,JEG will meet with the Town staff to discuss the Park development program and specifically define the Town's goals for this phase of development. This meeting will also confirm the final budget allocation by the Town for the construction of the Park improvements. B. PRELIMINARY DESIGN CONCEPT 1. JEG will prepare a Preliminary Design Concept Plan for the proposed Phase I Park improvements.The Concept will be based upon the Town approved program items,and the Phase I estimated construction budget of$6,250,000.00. The Preliminary Design Concept Plan will also be based upon the`Town of Prosper Park/Prosper ISD Stadium& Event Center Master Plan"as previously prepared by PBK and approved by the Town. 2. Based upon the Preliminary Design Concept Plan,JEG will prepare a Preliminary Cost Estimate for the proposed improvements. 3. J EG will attend one(1)meeting with the Town Parks and Recreation Board to review the Preliminary Design Concept Plan and Cost Estimate to confirm the overall design and obtain approval before proceeding into the Design Development phase of work. If the Town substantially, as solely determined by the Town, increases the program and construction budget, JEG will review with the Town the required additional fees necessary to cover the increase in scope of work. JEG will not proceed into the Design Development phase until the final program,cost estimates,and consultant design fees have been approved in writing by both JEG and the Town. C. DESIGN DEVELOPMENT 1. Based upon approval of the Preliminary Design Concept plan from the Town,JEG will prepare Design Development drawings for the proposed Park improvements. The Design Development drawings will be prepared at an approximate 50% level of completion of Construction Documents. 2. The Town will provide to JEG all front end documents, contracts, insurance requirements, general conditions, etc. for use by JEG in preparing the specifications and contract documents. 3. JEG will prepare a preliminary Table of Contents for the specifications and contract documents. 4. JEG will submit the Design Development drawings and Table of Contents for the specifications and contract documents to the Town for review and approval. 5. JEG will attend one(1)meeting with the Town Parks and Recreation Board to review the Design Development Plans and Cost Estimate to obtain approval before proceeding into the final construction documents phase of work. 6. The Town will forward, in writing, to JEG all review comments for the Design Development drawings submittal. JEG will obtain these comments and approval from the Town prior to proceeding into the final construction documents. Prosper Sports Complex.P03 Page 2 D. FINAL CONSTRUCTION DOCUMENTS 1. Based upon approval from the Town for the Design Development drawings submittal, JEG will prepare final Construction Documents at an approximate 95% level of completion. The Construction Documents will be comprised of both the drawings and the specifications and contract documents. 2. Based upon the 95%Construction Documents,JEG will prepare a final cost estimate for all the proposed Park improvements. 3. JEG will submit the 95%Construction Documents and cost estimate to the Town for final review and comments. The Town will provide JEG final, written comments for all revisions requested to the Final Construction Documents. 4. Based upon the final written comments received from the Town,JEG will prepare final 100%Construction Documents for the Town to utilize in bidding the project. 5. JEG will submit the final Construction Documents to the Texas Department of Licensing and Regulation (TDLR)for the State required accessibility review. E. BID PHASE 1. JEG will attend a pre-bid meeting with Town representatives and the potential bidders. 2. JEG will assist the Town in preparing addendum(s), if required,during the bid phase. 3. JEG will assist the Town in reviewing the Contractor's bids and providing a recommendation to the Town for award of contract. F. CONSTRUCTION ADMINISTRATION 1. JEG will assist the City by attending a pre-construction meeting and a maximum of twelve(12)2-hour progress meetings during construction to evaluate completion of work by the Contractor. Should the number of required meetings or amount of meeting time increase,such time can be provided by JEG as Additional Services,pursuant to Article V,as requested and approved by the Town in writing. The Town will be responsible for the day-to-day administration of the construction contract. 2. JEG will prepare a written Field Report for each meeting attended during the construction of the project. 3. JEG will process submittal and shop drawing reviews as submitted by the Contractor during the construction process. Pay applications will also be reviewed each month by JEG and will then be forwarded to the Town with the appropriate recommendation. 4. JEG will assist the Town in attending two (2) final project walk-throughs with the Contractor and his subcontractors to review the completion of work. JEG will provide written comments to the Town for the Town to utilize in preparing a final"punch list"for work to be completed by the Contractor. Prosper Sports Complex.P03 Page 3 5. If JEG is called upon to observe the work of Town's construction contractor(s)for the detection of defects or deficiencies in such work,JEG will not bear any responsibility or liability for such defects or deficiencies or for the failure to so detect. JEG shall not make inspections or reviews of the safety programs or procedures of the construction contractor(s), and shall not review their work for the purpose of ensuring their compliance with safety standards. (b) If JEG is called upon to review submittals from construction contractors,JEG shall review and approve or take other appropriate action upon construction contractor(s)' submittals such as shop drawings, product data and samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. JEG'S action shall be taken with such reasonable promptness as to cause no delay in the work while allowing sufficient time in JEGS professional judgment to permit adequate review. Review of such submittals will not be conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities.(c)JEG shall not assume any responsibility or liability for performance of the construction services,orfor the safety of persons and property during construction,or for compliance with federal, state and local statutes, rules, regulations and codes applicable to the conduct of the construction services. JEG shall have no influence over the construction means, methods, techniques, sequences or procedures. Construction safety shall remain the sole responsibility of the construction contractor(s). (d) All contracts between TOWN and its construction contractor(s)shall contain broad form indemnity and insurance clauses in favor of TOWN and JEG, in a form satisfactory to JEG. G. STORM WATER POLLUTION PREVENTION PLAN (SWPPP) 1. In conjunction with the completion of the Final Construction Documents, JEG will prepare a Storm Water Pollution Prevention Plan (SWPPP)for the proposed site.Any other environmental engineering services would be considered additional services. III. BASIS OF COMPENSATION The cost for performing these services set forth herein is based upon an approximate construction budget of$6,250,000.00 and will be as follows: A Base Map Preparation& Final Program Development(Lump Sum).................$30,938.00 B. Preliminary Design Concept(Lump Sum)..........................................................$47,812.00 C. Design Development(Lump Sum)....................................................................$148,750.00 D. Final Construction Documents(Lump Sum)....................................................$239,062.00 E. Bid Phase(Lump Sum).......................................................................................$15,938.00 F. Construction Administration(Lump Sum)...........................................................$42,500.00 Total Basic Design Services..........................................................................$525,000.00 G. Storm Water Pollution Prevention Plan(SWPPP) (Lump Sum)..........................$3,000.00 Prosper Sports Complex.P03 Page 4 H. TDLR Accessibility Plan Review&Construction Inspection................................$1,475.00 I. Reimbursable Expenses(Not-to-Exceed)............................................................$9.000.00 Total Basic Design Services and Reimbursable Fee(Not-to-Exceed).......................................................$538,475.00 Reimbursable Expenses will be additional to the Basic Design Services cost. These expenses include, but may not be limited to such items as: reproduction costs, computer plotting, printing, mileage, photography, couriers, deliveries, etc. Reimbursable expenses will be paid for at cost times a 1.0 multiplier. IV. PROJECT SCHEDULE Construction Documents shall be 100% complete and delivered to the Town within 140 days after receipt of Base Mapping information as described herein Item II,A.Base Mapping and Final Program Development V. ADDITIONAL SERVICES Additional Services, not included in this Scope of Services, will be negotiated with the Town as necessary. Compensation will be based upon either a mutually agreed lump sum fee or on an hourly basis. See Attachment"A", Billing Rate Schedule,for hourly rates. Items which would be considered Additional Services could include: site surveying, geotechnical investigation, design of additional program items beyond what has been identified by the Town for the Park improvements,alternate bid items, additional meetings with Town Staff and/or presentation to other groups, additional site visits during construction activity,etc. VI. ASSUMPTIONS A. The Town has designated a Phase I construction budget of approximately$6,250,000.00 for the Park improvements at Prosper Sports Complex. Should this construction budget substantially, as solely determined by the Town, increase or decrease, or the Town should require a significant number, as solely determined by the Town, of alternate bid items be included in the construction document package, JEG and the Town staff will re-evaluate this scope of work and determine the basis of compensation in accordance with revisions to the design services. Prosper Sports Complex.P03 Page 5 B. The Town will provide as expeditiously as possible all base information,that it currently has in its possession, necessary to complete the Scope of Services described herein. This Scope of Services does not include any survey work. Should additional survey information be needed by JEG,the Town will provide this information to JEG. ALL INFORMATION PROVIDED BY THE TOWN IS ASSUMED TO BE ACCURATE AND COMPLETE,unless indicated otherwise bythe Town. Except when Town indicates that the information provided to JEG is not accurate or complete,JEG shall be entitled to rely upon the accuracy and completeness of all information provided by the Town and shall have no liability for any Services developed by JEG in reliance on any information that is not accurate or complete. Any information required to complete this Scope of Services that cannot be readily provided by the Town will remain the responsibility of the Town. All such information shall be provided to JEG and any costs associated with acquisition of information will be borne by the Town. C. This Scope of Services does not include water permitting related to the following agencies:U.S. Army Corps of Engineers 404 Permitting, Federal Emergency Management Agency(FEMA) map revision preparation and processing;Texas Commission on Environmental Quality(TCEQ) permits or applications. Any services for these would be considered additional services. D. Any services for environmental engineering such as an Environmental Assessment (E.A.) or Environmental Impact Statement(E.I.S.)are not included in this Scope of Services and would be considered additional services. E. The Town will pay for all required governmental processing fees and public notice advertising costs. F. It is anticipated that the park design will be prepared as one bid package. If additional bid packages are required by the Town for phasing breakouts, JEG will re-evaluate the scope of services to address additional fees not covered in this scope of work. G. This Scope of Services does not include an overall site mass grading plan as a separate deliverable. VII. COST ESTIMATES Any cost estimates provided by JEG will be on a basis of experience and judgement,but since it has no control over market conditions or bidding procedures, JEG cannot warrant that bids or ultimate construction costs will not vary from these cost estimates;however,JEG acknowledges that the Town is relying on the cost estimates provided by JEG and expects minimal variation from the cost estimates provided. VIII. OWNERSHIP OF DOCUMENTS A. JEG may not use the base maps, design development plans,construction documents and/or any other documents,data,plans or other materials(the"documents")for any purpose not relating to the Park improvements project described herein without the Town's prior written consent. The Town will be furnished with any and all reproductions of the documents provided and/or created during the Park improvements project. Upon completion of the work,or any earlier termination of this Agreement, JEG will revise the documents to reflect changes made while working on the Park improvements project and promptly furnish the same to the Town in an acceptable format. All such reproductions shall be the property of the Town who may use them without JEG's permission for any purpose Prosper Sports Complex.P03 Page 6 relating to the Park improvements project, including, but not limited to, completion of the Park improvements project and/or additions, alterations, modifications, and/or revisions to the Park improvements project. B. JEG shall have no liability for changes made to the drawings by other architects,engineers,or any other person subsequent to the completion of the Project,unless said changes were at the request of and/or direction of JEG. Any such change shall be sealed by the person making the change and shall be appropriately marked to reflect what was changed or modified. The City may not use any documents related to this park improvements project for work on any other project without removing all JEG professional engineer,registered architect,registered landscape architect,etc.seals from the drawings. JEG shall have no liability for the use of the documents related to the park improvements for work on any other project. IX. JEG'S ACCOUNTING RECORDS Records of expenses pertaining to services performed in conjunction with the Park improvements project shall be kept on the basis of generally accepted accounting principles.Copies of employee timesheets(for hourly work only), receipts for expense items,and other records of project expenses will be made available upon request to the Town for examination at any time the Town deems necessary. X. AUDITS AND RECORDS JEG agrees that at any time during normal business hours and as often as Town may deem necessary,JEG shall make available to representatives of the Town for examination all of its records with respect to all matters covered by this Agreement,and will permit such representatives of the Town to audit,examine,copy and made excerpts or transcripts from such records,and to make audits of all contracts,invoices,materials, payrolls,records of personnel,conditions of employment and other data relating to all matters covered bythis Agreement,all for a period of one(1)year from the date of final settlement of this Agreement or for such other or longer period, if any, as may be required by applicable statute or other lawful requirement. XI. INDEMNITY JEG shall defend,exempt,indemnify and hold harmless the Town,its City Council Members,officers,agents, servants,representatives and/or employees of and from any and all claims,suits,actions,legal proceedings, demands,damages orjudgments,including all expenses,attorneyfees(including attorneys'fees incurred in enforcing this indemnity),witness fees,costs,and costs and expenses of appeals there from,arising out of the performance of this Agreement, including, but not limited to, the intentional or negligent acts and/or omissions of JEG, its officers, agents, servants, representatives, employees, subcontractors, licensees, invitees and/or any other third parties, incident to the Park improvements project, regardless of the joint or concurrent negligence or strict liability of the Town. Prosper Sports Complex.P03 Page 7 XII. NOTICE A. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States Mail,addressed to the party to be notified,postage pre-paid and registered or certified with return receipt requested,or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice,the addresses of the parties shall be as follows: If to JEG,to: Mr. Dave Retzsch Jacobs Engineering Group Inc. 7950 Elmbrook Drive Dallas,Texas 75247-4951 If to Prosper,to: Mr.Mike Land Town of Prosper P.O. Box 307 Prosper,Texas 75078 With copies to: Mr.Wade Harden Town of Prosper 407 E. First Street. Prosper,Texas 75078 XIII. TERMINATION OF AGREEMENT/REMEDIES The Town may, on thirty(30) days written notice to JEG, terminate this Agreement, for any reason, before the termination date hereof,and without prejudice to any other remedy it may have. If the Town terminates this Agreement due to a default of and/or breach by JEG and the expense of finishing the Project exceeds JEG's compensation set forth in III of this Agreement at the time of termination,JEG waives its right to any portion of its compensation as set forth in III herein and agrees to pay any excess costs over and above the fee which the Town is required to pay in order to finish the Project. On any default and/or breach by JEG,the Town may elect not to terminate the Agreement,and in such event it may make good the deficiency in which the default consists, and deduct the costs from the compensation due JEG asset forth in III herein. If the Town terminates this Agreement and JEG is not in default of the Agreement,JEG shall be entitled to compensation for any and all work completed to the satisfaction of the Town in accordance with the provisions of this Agreement prior to termination, in addition to all costs incurred by Engineer in bringing the Services to a reasonable and orderly cessation. In the event of any termination,JEG shall deliver to the Town all finished and/or unfinished documents, data,studies,surveys,drawings,maps,models,reports,photographs and/or any other items prepared by JEG in connection with this Agreement prior to JEG receiving final payment. The rights and remedies provided by this Agreement are cumulative, and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. Prosper Sports Complex.P03 Page 8 XIV. MISCELLANEOUS PROVISIONS A. Entire Agreement: This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. B. Applicable Ordinances: Except as provided for in this Agreement,the parties agree that JEG shall be subject to all Ordinances of the Town, now existing or future arising, prior to completion of Construction Documents. C. Not Assionable: This Agreement is not assignable. D. Venue: This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County,Texas. E. Consideration: This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration,the sufficiency of which is forever confessed. F. Counterparts: This Agreement may be executed in a number of identical counterparts,each of which shall be deemed an original for all purposes. G. Authoritv to Execute: The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the part for which his or her signature appears,that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. H. Bindina Effect: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs,executors,administrators,legal representatives and successors. I. Severabilitv: In case any one or more of the provisions contained in this Agreement 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 thereof,and this Agreement shall be construed as if such invalid,illegal, or unenforceable provision had never been contained herein. J. Immunitv: The parties agree that the Town has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. K. Representations: Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. L. Miscellaneous Draftina Provisions: This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning,and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. Prosper Sports Complex.P03 Page 9 M. Force Maieure Any delays in or failure of performance by JEG or the Town, other than the Deleted: ¶ payment of money, shall not constitute default hereunder if and to the extent such delays or failures of performance are caused by occurrences beyond the reasonable control of the Town or JEG, as the case may be, including but not limited to, acts of God or the public enemy; compliance with any order or request of any governmental authority; fires,floods, explosion, accidents; riots, strikes or other concerted acts of workmen, whether direct or indirect; or any causes,whether or not of the same class or kind as those specifically named above,which are not within the reasonable control of the Town or JEG respectively. In the event that any event of force majeure as herein defined occurs,JEG shall be entitled to a reasonable extension of time for performance of its services under this Contract. N. Payment JEG will invoice Town for work performed on a monthly basis. In the case of short duration projects, invoicing will be upon project completion, with the invoice issued upon delivery of appropriate proposals or documents. Alternative invoicing methods may be acceptable provided they are agreed to in writing prior to the work being undertaken.Invoices will be paid within thirty (30)days of receipt by the Town. XIV. Comaletion Bonus The Town shall withhold on each invoice 10%of the lump sum fee for the Final Construction Documents up to a total of $23,906. Should JEG not complete 100% of the Construction Documents within a period of 140 days from the date the Town provides JEG with the stated Base Mapping information as described herein Item II, A. Base Mapping and Final Program Development,then the Town shall not be required to pay JEG the$23,906 Completion Bonus at the conclusion of the Final Construction Document Task.The Town agrees to assist JEG in its efforts to meet the project schedule and any submission of progress deliverable documents to the Town by JEG shall be reviewed by the Town within five (5) business days. Any final withholding of the Completion Bonus shall not apply to delays not controlled by or reasonably controlled by JEG.Should such delays occur outside of the JEG's control occur,the Town and JEG shall mutually agree in writing to a new Completion Schedule and adjust the due date of the Completion Bonus payable to JEG in good faith. XV. INSURANCE JEG will maintain insurance coverage as follows: • Worker's Compensation Insurance—StatutoryasrequiredbytheTexasLaborCode. • Employer's Liability Insurance - $100,000 per accident; $300,000 per disease; $100,000 occupational disease per employee. • Commercial General Liability Insurance - $1,000,000 per occurrence; $1,000,000 aggregate policy limit applies per project. • Automobile Liability Insurance-$1,000,000 CSL • Professional Liability-$1,000,000 per occurrence;$1,000,000 aggregate policy limit. A"claim made"policy is acceptable subject to coverage being maintained during the course of the project and up to two(2)years after completion and acceptance of the project by the Town. Prosper Sports Complex.P03 Page 10 XVI. This AGREEMENT represents the entire and integrated AGREEMENT between the Town and JEG and supersedes all prior negotiations, representations or agreements, either written or oral. Effective Date: t& ( 1 (� g TOWN CONTRACTOR The Town of Prosper Texas Jacobs Engineering Group, Inc. Date: � Z1 i 7—f Title:Town Manaqer Title: A)'f a- r , 4 OM Prosper Sports Complex.P03 Page 11 STATE OF TEXAS: COUNTY OF COLLIN: BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THIS STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED PIA 11LC LA^—E_t) KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION EXPRESSED, AND IN THE CAPATOWN THEREIN STATED. GIVEN UNDE L OF OFF E THIS 12,DAY OF I�NEe— , 2008. NOTARY PYBLIC IN AND FOR THE STATE OF TEXAS MATTHEW�.DENTON s STATE OF TEXAS: =�`= NotarYt�bl+o, stole of Texas COUNTY OF DALLAS: ���°:•� Comm.ExQ�08,21,12 BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THIS S�j�`TE OF TEXAS,/ ON THIS DAY PERSONALLY APPEARED Jddi� KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION EXPRESSED, AND IN THE CAPATOWN THEREIN STATED. GIVE UNDER MY HAND AND SEAL OF OFFICE THIS � DAY OF/-_ '�!, , 2008. R IN AND Fri THE STATE OF TEXAS "'"�e� JERRY L. FULLER Notary Public,State of Texas y My Commission Expires August� . Prosper Sports Complex.P03 Page 12 ATTACHMENT"A" BILLING RATE SCHEDULE PROSPER SPORTS COMPLEX-PHASE I F CATEGORY BILLING RATE Project Director I $200.00 Project Manager/Senior Landscape Architect I $165.00 Project Engineer I $130.00 Landscape Architect I $100.00 Design/CAD Technician I $85.00 Clerical I $70.00 Prosper Sports Complex.P03 Page 13