11-072 - R I
TOWN OF PROSPER, TEXAS RESOLUTION NO. 11-72
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 LAYOUT AND
GRADING PLAN FOR THE FRONTIER 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 layout and grading plan for the Frontier 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 13th day of December, 2011 by vote of 7-0.
Ray ,tmith, Mayor
ATTEST TO:
Amy PiuWa, AMC
Town Secretary
JACOBS'"
6688 North Central Expressway Suite 400
Dallas Texas 75206
PROFESSIONAL SERVICES
AGREEMENT
PROJECT PROJECT
NAME: Frontier Park NUMBER:
CLIENT: Town of Prosper
Attn: Wade Harden
Parks and Recreation Department
ADDRESS: 407 E. First Street
Prosper, Texas 75078
hereby requests and authorizes Jacobs Engineering Group Inc. ("Jacobs") to perform the following
Services:
SCOPE OF Basic Services
SERVICES:
Jacobs Engineering Group Inc. will provide Landscape Architectural Services to support The
Town of Prosper in the development of the proposed improvements of a pavilion, spray
ground, and playground. The design of the pavilions, sprayground, and playground will be
accomplished by others. Services to be provided by Jacobs shall be as follows:
1. Provide two (2) conceptual plans for the proposed layouts of the playground, spraypark,
pavilion, amphitheater, sidewalks, and drainage.
2. Attend a meeting with the client to discuss concept plans.
3. Jacobs will provide grading plans and layout plans for improvements of the pavilion,
playground, and sprayground. Material selections, facility layout, structural design
(including foundation design), electrical design for these facilities shall be prepared by
others. Jacobs shall prepare grading plans which will include finished floor elevations
for the proposed pavilions and amphitheater. Jacobs will prepare general layout plans
for the location of the other facilities, but these will be approximate dimensions based
on information provided by the client.
4. Jacobs will provide electrical design to provide ground boxes for emergency lighting
and plugs for other electrical needs. Jacobs will not provide any fixed site lighting or
electrical for the pavilion, playground, and sprayground. This will be done by others.
Potential additional services could include, but may not be limited to:
1. Specifications for improvements.
2. Electrical Design for pavilion lighting, playground lighting, and other site lighting.
3. Specification for additional electrical design.
4. Design of complimentary hardscape/softscape improvements around playground
sprayground.
5. Design modeling and/or materials mock-ups.
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EXHIBIT "A"
Estimated professional design fees for the above services shall be:
Base Contract
Task 1 —$ 2,000
Task 2 —$ 500
Task 3—$ 4,500
Task 4—$ 1,500
Additional services
Task 1 —$ 2,500
Task 2 —$ 2,000
Task 3 - $ 500
Direct Cost $500
TOTAL Base Contract(including direct expenses) - $ 9,000
Assumptions:
• Contract does not include and Construction observation services.
• Contract does not include TDLR submission (it is anticipated the contract will be less
than $50,000 total construction budget. This means the pavilion, playground and
sprayground will be bid separately.
• Contract does not include any structural design or geotechnical services.
Assumptions:
Contract does not include and Construction observation services.
Contract does not include TDLR submission (it is anticipated the contract will be less than
$50,000 total construction budget. This means the pavilion, playground and spray ground will
be bid separately.
Contract does not include any structural design or geotechnical services.
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COMPENSATION to be on a basis of:
A Lump Sum amount of $ 9,000.00 (nine thousand dollars and zero cents). This Lump Sum includes all
charges for professional services, which will be provided by Jacobs and all outside sources and an estimate of
expenses. Should actual expenses exceed the Lump Sum amount; Jacobs will submit a statement within thirty
(30) days of completion of Services for such expenses. Additional Services authorized in writing or otherwise
confirmed by Client will be billed in addition to the lump sum amount as provided in Exhibit A on page 2 of this
authorization.
The parties agree to the "Provisions" provided on page 4 of this authorization.
Accepted for CLIENT Accepted for JACOBS ENGINEERING GROUP INC.
Name: � ZI Name: L(�t,
Title Title: /UCl/O
Date: o I Date: 7 Z3 2OlZ
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PROVISIONS
1. AUTHORIZATION TO PROCEED. Signing this Agreement shall be pay interest at the rate of 11/2% per month on all past-due amounts, unless not
construed as authorization by CLIENT for JACOBS to proceed with the Services, permitted by law. Any interest charged or collected in excess of the highest legal
unless otherwise provided for in this Agreement. rate will be applied to the principal amount owing to JACOBS, and if such interest
2. LABOR COSTS. In the event JACOBS' compensation is calculated by exceeds the principal balance of CLIENT's indebtedness to JACOBS, will be
returned to CLIENT.
reference to JACOBS' Labor Costs, Labor Costs shall be the amount calculated
by the number of hours actually worked by each of JACOBS' employees on 13. TERMINATION FOR NON-PAYMENT OF FEES. Without limiting any other
CLIENT's Project, multiplied by an amount charged for each such employee's remedy that may be available,JACOBS may stop work or terminate this Agreement
work, which is calculated by dividing each such employee's annualized, non- if CLIENT has not cured a payment default within 7 days after receipt of written
overtime compensation (whether salary or paid to such employee at an hourly notice from JACOBS. Any failure to make a payment within the time required in
rate,as the case may be)by 2,080 hours per year. Article 12 above shall constitute a payment default. Notice by e-mail or fax,followed
by overnight courier,shall meet this notice requirement. JACOBS'right to stop work
3. DIRECT EXPENSES. JACOBS' Direct Expenses shall be those costs
incurred on or directly for the CLIENT's Project, including but not limited to or terminate
necessary transportation costs including mileage at JACOBS'current rate when Perfoorrmaancce e during any period of investigation by JACOBS to determine the
this Agreement shall not be waived by JACOBS' continued
its automobiles are used, meals and lodging, laboratory tests and analyses, reasons for CLIENT's nonpayment.
computer services, word processing services, telephone, printing and binding 14. LEGAL EXPENSES. In the event legal action is brought by JACOBS to
charges. Reimbursement for these expenses shall be on the basis of actual enforce any of the obligations hereunder or arising out of any dispute concerning the
charges when furnished by commercial sources and on the basis of usual terms and conditions hereby created, CLIENT shall pay JACOBS reasonable
commercial charges when furnished by JACOBS. amounts for fees,costs and expenses as may be set by the court.
4. OUTSIDE SERVICES. When technical or professional services are 15. CONSTRUCTION PHASE SERVICES. If this Agreement includes the
furnished by an outside source,when approved by CLIENT,an additional amount furnishing of any Services during the construction phase of the project,the following
shall be added to the cost of these services for JACOBS'administrative costs. terms will apply: (a) If JACOBS is called upon to observe the work of CLIENT's
5. COST ESTIMATES. Any cost estimates provided by JACOBS will be on a construction contractor(s)for the detection of defects or deficiencies in such work,
JACOBS will not bear any responsibility or liability for such defects or deficiencies or
basis of experience and judgment. Since JACOBS has no control over market for the failure to so detect. JACOBS shall not make inspections or reviews of the
conditions or bidding procedures,JACOBS does not warrant that bids or ultimate safety programs or procedures of the construction contractor(s),and shall not review
construction costs will not vary from these cost estimates. their work for the purpose of ensuring their compliance with safety standards. (b) If
6. PROFESSIONAL STANDARDS. JACOBS shall be responsible,to the level JACOBS is called upon to review submittals from construction contractors,JACOBS
of competency presently maintained by other practicing professionals in the same shall review and approve or take other appropriate action upon construction
type of work in CLIENT's community, for the professional and technical contractor(s)'submittals such as shop drawings,product data and samples,but only
soundness, accuracy, and adequacy of all design, drawings, specifications, and for the limited purpose of checking for conformance with information given and the
other work and materials furnished under this Agreement. If after completion of design concept expressed in the contract documents. JACOBS' action shall be
the Services the CLIENT can demonstrate that the Services hereunder fail to taken with such reasonable promptness as to cause no delay in the work while
conform to such standards, JACOBS will reperform the deficient Services at no allowing sufficient time in JACOBS' professional judgment to permit adequate
cost to the CLIENT,and JACOBS shall have no liability for repair or replacement, review. Review of such submittals will not be conducted for the purpose of
construction rework or other costs. JACOBS makes no warranty, expressed or determining the accuracy and completeness of other details such as dimensions and
implied. quantities. (c) JACOBS shall not assume any responsibility or liability for
7. ADDITIONAL SERVICES. Services in addition to those specified in Scope performance of the construction services,or for the safety of persons and property
7. Services will be provided . JACOBS if authorized o writing or otherwise during construction, or for compliance with federal, state and local statutes, rules,
Y g regulations and codes applicable to the conduct of the construction services.
confirmed by CLIENT. Additional services will be paid for by CLIENT as indicated JACOBS shall have no influence over the construction means,methods,techniques,
in any Letter of Proposal,Task Authorization,or such other document as deemed sequences or procedures. Construction safety shall remain the sole responsibility of
appropriate by CLIENT and JACOBS. In the absence of an express agreement the construction contractor(s). (d) All contracts between CLIENT and its
about compensation, JACOBS shall be entitled to an equitable adjustment to its construction contractor(s)shall contain broad form indemnity and insurance clauses
compensation for performing such additional services. in favor of CLIENT and JACOBS,in a form satisfactory to JACOBS.
8. SALES TAX. In addition to any other sums or amounts required to be paid 16. SEVERABILITY. In case any one or more of the provisions contained in this
by CLIENT to JACOBS pursuant to this Agreement, CLIENT must also pay to Agreement shall be held illegal, the enforceability of the remaining provisions
JACOBS the amount of any applicable sales,use,excise or other tax with respect contained herein shall not be impaired thereby.
thereto (other than any general income tax payable by JACOBS with respect
thereto)as the same may be levied, imposed or assessed by any federal, state, 17. FORCE MAJEURE. Any delays in or failure of performance by JACOBS shall
county or municipal government entity or agency. not constitute breach hereunder if and to the extent such delays or failures of
bodily injury or performance are caused by occurrences beyond the reasonable control of JACOBS.
9. LIMITATION OF LIABILITY. Excluding JACOBS' liability for
damage to the property of third parties, the total aggregate liability it JACOBS In the event that any event of force majeure as herein defined occurs,JACOBS shall
be entitled to a reasonable extension of time for performance of its Services under
arising out of the performance or breach of this Agreement shall not exceed the
compensation paid to JACOBS under this Agreement. Notwithstanding any other this Agreement.
provision of this Agreement, JACOBS shall have no liability to the CLIENT for 18. ELECTRONIC MEDIA. (a) As a component of the services provided under
contingent, consequential, or other indirect damages including, without limitation, this Agreement,JACOBS may deliver electronic copies of certain documents or data
damages for loss of use, revenue or profit;operating costs and facility downtime, (the "Electronic Files") in addition to printed copies (the "Hard Copies") for the
however the same may be caused. The limitations and exclusions of liability set convenience of CLIENT. CLIENT and its consultants, contractors and
forth in this Article shall apply regardless of the fault, breach of contract, tort subcontractors may only rely on the Hard Copies furnished by JACOBS to CLIENT.
(including negligence), strict liability or otherwise of JACOBS, its employees, or If there is any discrepancy between any Electronic File and the corresponding Hard
subconsultants. Copy,the Hard Copy controls. (b) CLIENT acknowledges that Electronic Files can
10. DISPUTE RESOLUTION. All disputes arising out of this Agreement shall be be altered or modified without JACOBS' authorization, can become corrupted and
that errors can occur in the transmission of such Electronic Files.
mediated by the parties within a reasonable time after the first request for
mediation, prior to either party filing a suit in a court of law, provided, however, 19. THIRD PARTY BENEFICIARIES. Except to the extent any claims alleging
that neither party shall be obligated to mediate prior to requesting injunctive relief. negligence are asserted directly against any JACOBS employee wherein such
11. ASSIGNMENT TO RELATED ENTITY. Notwithstanding anything in this JACOBS employee shall be deemed a third party beneficiary to this Agreement and
Agreement to the contra in the event JACOBS is not qualified and licensed in the protections in favor of JACOBS, there are no third party beneficiaries to this
9 contrary, Agreement.
the relevant jurisdiction to provide any Services required hereunder, JACOBS
may,without the consent of any other party,assign all or any part of its obligation
to provide such Services to an entity related to JACOBS which is qualified and
licensed to provide such Services in the jurisdiction involved and which is
contractually bound to JACOBS to provide such Services.
12. PAYMENT TO JACOBS/INTEREST ON PAST-DUE AMOUNTS. Monthly
invoices will be issued by JACOBS for all Services performed under the terms of
this Agreement. Invoices are due and payable net 30 days. CLIENT agrees to
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