HomeMy WebLinkAboutCDCRes2018.05.08ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO. �01? -CS -09 (< `c
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
AUTHORIZING PROCUREMENT OF PROFESSIONAL LANDSCAPE ARCHITECT
SERVICES FOR PROJECT MANAGEMENT RELATED TO THE DESIGN AND
CONSTRUCITON OF AN ENTRY FEATURE FOR THE ANNA BUSINESS PARK.
WHEREAS, the Anna Community Development Corporation (the "CDC") desires to
procure the professional consulting services of Belle Firma, and
WHEREAS, the CDC has determined that the above -referenced services, further
described in Exhibit A, are in the best interests of the CDC and will promote Community
development and expanded business enterprise in the City of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Authority to Execute Consulting Services Agreement
The Board of Directors of the Anna Community Development Corporation authorize the
CDC President to execute, on behalf of the CDC board, subject to approval of legal
form by the CDC's legal counsel, a contract with Belle Firma, as further described in
Exhibit A, for professional consulting services for project management related to the
design and construction of an entry feature for the Anna Business Park, said authority to
include execution of all necessary documents to consummate the business relationship
with said consultant.
P SED AND APPROVED by the Anna Community Development Corporation this
day of /W cU_, 2018.
APPROVED:
i
Alonzo utson DC President
ANNA CDC RESOLUTION NOA-01 'e'-0S-6 ' �� ���) PAGE 1 OF 1
BELLE
FIRMA
April 26, 2018
Anna Economic Development Corporation
and Anna Community Development Corporation
111 N. Powell Parkway
P.O. Box 776
Anna, Texas 75409-0776
Re: Proposal for LANDSCAPE ARCHITECTURAL Services
Anna Business Park
Anna, Texas
Agreement between CLIENT and LANDSCAPE ARCHITECT
Beautiful Landscapes.
Signature Services.
bellefirma.com
Dear Anna Economic Development Corporation and Anna Community Development Corporation:
Belle Firma, Inc. is pleased to submit this proposal to provide LANDSCAPE ARCHITECTURAL services for
the above referenced project.
ARTICLE 1 - AGREEMENT
This Agreement is made and entered into effect as of April 26, 2018 between:
Anna Economic Development Corporation
and Anna Community Development Corporation
111 N. Powell Parkway
P.O. Box 776
Anna, Texas 75409-0776
(herein referred to as the CLIENT)
and
Belle Firma, Inc.
4245 N. Central Expressway
Suite 501
Dallas, Texas 75205
(a Texas corporation, herein referred to as the LANDSCAPE ARCHITECT)
For the following project:
Anna Business Park: monument signage, related entry landscaping, irrigation, and lighting design for the
south entry of the industrial business park located near SH 5 and the Collin County Outer Loop in the City
of Anna, Texas.
ARTICLE 2 - BASIC SERVICES
The LANDSCAPE ARCHITECT shall provide the following as Basic Services:
2.1 Schematic Design
A. Review the Project scope to determine existing site and construction considerations.
B. Meet with the CLIENT and / or Owner's Authorized Representatives to discuss and
memorialize the Project's requirements, guidelines, and overall design intent.
C. Review and analyze all applicable laws, regulations, deed restrictions, landscape codes and
4245 North Central Expressway Suite 501 Dallas, Texas 75205 214.865.7192
ordinances/code provisions as they pertain to site development, including but not limited to:
The City of Anna's Tree Preservation, Landscape, Signage, and Irrigation Ordinances.
D. Collect data from the CLIENT (and / or Other Consultants as provided by the CLIENT) to
prepare base plans indicating structures, site elements, easements, property lines, site plan,
building floor plans, topography, utility information, and existing trees that interface with
landscape development (if any).
E. Prepare a conceptual drawing that illustrates the proposed hardscape, signage and planting
plan schematics for the entry.
F. Provide a plan and elevation rendering of the entry design, if requested by the CLIENT.
G. Attend Project coordination meetings as requested by the CLIENT.
2.2 Construction Documents
A. Analyze and define the final requirements for the landscape with the CLIENT.
B. Coordinate information provided by the CLIENT (and / or Other Consultants as provided by
the CLIENT), including structures, site elements, easements, property lines, site plan, building
floor plans, topography, and utility information.
C. Prepare required Construction Documents to include all information necessary to allow a
competent contractor to rely on same in order to build/install all of the elements set forth in
the Construction Documents, including but not limited to design of the following:
1. Tree Preservation (if necessary)
a. Provide a Tree Preservation Plan with methods and details for preserving existing trees
on site to remain.
b. Provide replacement/mitigation requirements for existing trees to be removed based
on the applicable ordinances and codes.
2. Hardscape
a. Provide design and dimensional layout plans for any proposed hardscape elements
including but not limited to: pavers, mow strips, gravel, boulders, etc.
b. Provide material selections and finishes for hardscape elements.
c. Provide construction details articulating hardscape elements in section or elevation.
d. Coordinate landscape structural details with the Project's Structural Engineer.
(i) if a Structural Engineer is not retained by the CLIENT, signed and sealed
engineering shop drawings will be specified to be provided by the- Contractor as
part of the drawing set.
e. Provide written specifications and performance criteria for installation of hardscape
elements.
3. Landscape Site Lighting
a. Provide basic layout and dimensions of landscape site lighting for the entry and
monument sign.
b. Provide product selection and finishes for landscape site lighting elements.
c. Provide construction details articulating lighting elements in section or elevation.
d. Coordinate light locations with the Project's Electrical Engineer.
(i) If an Electrical Engineer is not retained by the CLIENT, performance specifications
will be provided for the Contractor as part of the drawing set.
e. Provide written specifications and performance criteria for installation of lighting
elements.
4. Monument Sign
a. Provide a dimensional layout plan for the proposed monument sign.
b. Provide material selections and finishes for sign elements.
c. Provide construction details articulating the monument sign in section or elevation.
d. Coordinate lighting and structural details with the Project's Engineers.
(i) If a Structural Engineer is not retained by the CLIENT,- signed and sealed
engineering shop drawings will be specified to be provided by the Contractor as
part of the drawing set.
(ii) If an Electrical Engineer is not retained by the CLIENT, performance specifications
will be provided for the Contractor as part of the drawing set.
Anna Business Park
Page 2 of 7 April 26, 2018
5. Landscape
a. Provide a Landscape Plan with planting layout, plant material selections, plant list,
tabulations, and notes.
b. Provide construction details articulating landscape elements in section or elevation.
c. Provide written technical specifications for installation of landscape elements.
6. Irrigation
a. Provide an Irrigation Plan utilizing city water sources indicating sleeving, head layout,
pipe layout, pipe sizing, controller location, and notes that complies with state and
local ordinances and requirements.
b. Provide construction details articulating irrigation elements in section or elevation.
c. Provide written technical specifications for installation of irrigation elements.
d . NOTE.-
(i) Standard automatic irrigation controllers shall be specified. If the Project requires a
central control system, that design shall be Additional Services to this Agreement.
(ii) Irrigation design shall be based on watering the site from domestic water with a
separate irrigation meter. Design from an alternate water source including but not
limited to a well, lake, cistern, tank, or other grey water source shall be Additional
Services to this Agreement.
D. Attend Project coordination meetings as requested by the CLIENT.
2.3 Construction Observation
A. Review shop drawings and submittals pertinent to the LANDSCAPE ARCHITECT'S Scope of
Work to determine if they conform to the LANDSCAPE ARCHITECT'S visual, technical, and
aesthetic design intent. Such review and approvals or other action shall not extend to means,
methods, techniques, equipment choice and usage, sequences, or procedures of construction,
or to related safety precautions and programs.
B. Answer Contractor Request for Information (RFIs) and issue clarifications.
C. Provide up to two (2) visits to the site, per the CLIENT'S request or as deemed necessary by
the LANDSCAPE ARCHITECT,, to become generally familiar with and to keep the CLIENT
informed about the progress and quality of the work completed in relationship to the
LANDSCAPE ARCHITECT'S Construction Documents.
D. Provide a "Site Observation Report" following each Project site visit.
E. Provide one (1) site visit at the substantial completion of the Project to participate in
compiling the punch list of items to be addressed.
F. The Site Observation Report shall include a description of any material inadequacies related to
progress or quality of the work that are actually observed by the LANDSCAPE ARCHITECT.
ARTICLE 3 - ADDITIONAL SERVICES
3.1 The LANDSCAPE ARCHITECT may provide services beyond the LANDSCAPE ARCHITECT'S Basic
Services listed above (the "Additional Services") upon written consent by the CLIENT.
3.2 Additional Services available, but are not limited to:
A. Changes to design after approval of the CLIENT that the parties agree are necessary for
adequate completion of the original Project requirements and that are not the fault of CLIENT;
B. Engineering Design, including but not limited to: civil, structural, and MEP;
C. Fountain Design;
D. Subsurface Drainage Design;
E. Grading Design;
F. LEED Design and Documentation;
G. Construction Bidding Assistance;
H. Tree Tagging Trips; and
1. Record Drawings, As -built Drawings and/or Shop Drawings.
ARTICLE 4 - CLIENT'S RESPONSIBILITIES
4.1 The CLIENT agrees to provide the LANDSCAPE ARCHITECT with information sufficient to perform
the LANDSCAPE ARCHITECT'S work under this Agreement, including, but not limited to:
Anna Business Park
Page 3 of 7 April 26, 2018
A. Survey data indicating: structures, site elements, easements, property lines, topography, and
utility information;
B. Tree survey (The CLIENT may provide this or by other project team Consultant, i.e. Civil
Engineer. This is not included in the proposal by the LANDSCAPE ARCHITECT.);
C. Soil reports;
D. Proposed site plans, grading, and utility information; and
E. And other related items requested by the LANDSCAPE ARCHITECT in order to provide
required services.
4.2 The CLIENT agrees that the LANDSCAPE ARCHITECT may rely on the accuracy and completeness
of these items and that the LANDSCAPE ARCHITECT shall not be held responsible for deficiencies
or inadequacies of the data; provided, however, that the LANDSCAPE ARCHITECT shall promptly
report to the CLIENT in writing if the LANDSCAPE ARCHITECT becomes aware of material
inconsistencies, inaccuracies or deficiencies in the data which, if relied upon by LANDSCAPE
ARCHITECT, would unreasonably interfere with adequate completion of the agreed upon Project
requirements.
4.3 The CLIENT shall obtain and pay for all necessary permits from authorities with jurisdiction over the
Project:
4.4 The CLIENT agrees to provide the items described in Article 4.1 above, and to render decisions in a
timely manner, so as not to delay the orderly and sequential progress of the LANDSCAPE
ARCHITECT'S services.
ARTICLE 5 - COMPENSATION AND PAYMENTS
5.1 The CLIENT agrees to pay a total contract fee of $6,000.00 (Six Thousand Dollars and zero cents)
(the "Total Contract Fee") to the LANDSCAPE ARCHITECT for the Basic Services listed above,
allocated as follows:
Basic Services
Schematic Design $ 23000.00
Construction Documents $ 33000.00
Construction Observation $ 13000.00
Basic Services Total $ 6,000.O0
5.2 The Total Contract Fee for the Basic Services shall be billed in monthly increments. The
LANDSCAPE ARCHITECT shall bill the CLIENT on the 15th of each month based on the percentage
of total Basic Services completed during the prior 30 days. All payments are due to LANDSCAPE
ARCHITECT upon receipt of invoice. As a late fee, an amount equal to 1.5% of invoice per month
shall be charged on all amounts due more than 30 days after the date of invoice, such late fee
being due without further demand.
5.3. Additional Services may be provided, upon written consent by the CLIENT, on an hourly basis with
a mutually agreed "not to exceed" amount. The LANDSCAPE ARCHITECT shall bill the CLIENT on
the 15th of each month based on the number of hours worked performing the Additional Services
during the prior 30 days. All payments are due to LANDSCAPE ARCHITECT upon receipt of
invoice. As a late fee, an amount equal to 1.5% of invoice per month shall be charged on all amounts
due more than 30 days after the date of invoice, such late fee being due without further demand.
5.4 Hourly rates for Additional Services are as follows:
per hour
Principal $ 185.00
Licensed Professional $ 135.00
Non -Licensed Professional $ 100.00
Design / CAD Technician $ 85.00
Support Staff $ 65.00
5.5 Reimbursable expenses include, but are not limited to: reproduction of graphics and plans, postage,
handling of documents, in-house plotting, courier services, and authorized travel expenses. Project
Anna Business Park
Page 4 of 7 April 26, 2018
related reimbursable expenses shall be billed at the cost plus 10%.
ARTICLE 6 - SCHEDULE
6.1 The LANDSCAPE ARCHITECT shall perform the Services and deliver the related work products in
accordance to the following Proposed Schedule.
A. This Work shall begin immediately upon receipt of both an executed Agreement from the
CLIENT and the receipt of CAD backgrounds from the Civil Engineer.
B. Schematic Design shall be completed within ten (10) business days after receiving both the
executed Agreement and the CAD backgrounds.
C. Construction Documents shall be completed within ten (10) business days after receiving
approval from the CLIENT of the Schematic Design.
ARTICLE 7 - MISCELLANEOUS PROVISIONS
7.1 It is agreed by the parties that the LANDSCAPE ARCHITECT shall neither have control over, charge
of, nor be responsible for, construction means, methods, techniques, equipment choice and usage,
sequences, schedules, procedures, or for safety precautions and programs in connection with the
work on the Project.
7.2 This Agreement is entered into and shall be governed, for all purposes and in all things by the law
of the State of Texas, without regard to its choice of law provisions. Mandatory venue for any
disputes arising out of or related to this Agreement shall be exclusively in the state or federal
.courts located in Collin County, Texas.
7.3 This Agreement is the entire and integrated Agreement between the CLIENT and LANDSCAPE
ARCHITECT. It supersedes all prior negotiations, statements or Agreements, either written or oral.
The parties may amend this Agreement, only by a written instrument signed by both CLIENT and
LANDSCAPE ARCHITECT.
7.4 Warranty Disclaimer: Any language, term, or condition of this Agreement to the contrary
notwithstanding, the LANDSCAPE ARCHITECT makes no expressed or implied warranties of
merchantability, of fitness for a particular purpose (or any purpose), such warranties being
expressly disclaimed hereby: provided, however, that the LANDSCAPE ARCHITECT agrees that it
shall perform its services consistent with the professional skill and care ordinarily provided by
landscape architects practicing in the same or similar locality under the same or similar
circumstances.
7.5 Independent Contractor: The CLIENT and LANDSCAPE ARCHITECT understand,. acknowledge, and
agree that the LANDSCAPE ARCHITECT shall be acting as an independent contractor at all times
during the performance of this Agreement and no provision or obligation expressed or implied in
this Agreement shall create an employment, agency, or fiduciary relationship between the parties
and the CLIENT shall neither have control over, charge of, nor be responsible for the LANDSCAPE
ARCHITECT'S services.
7.6 No Third -Party Beneficiary to this Agreement: Nothing contained in this Agreement shall create, or
shall be implied to create, a contractual or quasi -contractual relationship with, or otherwise create
any cause of action in favor of, any third party against either the CLIENT or LANDSCAPE
ARCHITECT.
7.7 Copyright: The ownership and use of all drawings, schematics, plans and similar documents created
by the LANDSCAPE ARCHITECT in performing under this Agreement shall remain, at all times, the
property of the LANDSCAPE ARCHITECT and shall not be considered a "work for hire," provided
however, that the CLIENT and / or the Project's Owner may use such drawings, schematics, plans
and similar documents as appropriate in connection with the construction, modification, and/or
alteration of the Project, or as otherwise agreed by the LANDSCAPE ARCHITECT, such agreement
not to be unreasonably withheld.
7.8 Delays and Termination: CLIENT or LANDSCAPE ARCHITECT may terminate this Agreement upon
forty-eight (48) hours written notice (the "Termination Notice") should the other party fail
substantially to perform in accordance with the terms and conditions of this Agreement through no
fault of the terminating party. A complete settlement of all claims upon such termination of this
Agreement shall be made as follows: For Basic Services completed, CLIENT shall compensate
LANDSCAPE ARCHITECT for the services performed up to the date of receipt of the Termination
Anna Business Park
Page 5 of 7 April 26, 2018
Notice plus reasonable costs incurred in terminating the services in accordance with rates set forth
in paragraph 5.2 hereof; and for Additional Services completed, CLIENT shall compensate
LANDSCAPE ARCHITECT for the services performed up to the date of the termination notice plus
reasonable costs incurred in terminating the services in accordance with rates set forth in
paragraph 5.4 hereof. In the event LANDSCAPE ARCHITECT'S services cannot be performed on or
before the projected due date because of circumstances beyond the control of LANDSCAPE
ARCHITECT, including, but not limited to, strike, fire, riot, excessive precipitation, act of God,
governmental action, third party action, or action or omission by the CLIENT, the services reflected
in Articles 2 or 3 hereof, as appropriate, and the timeframe for completion of such services, shall be
amended by CLIENT and LANDSCAPE ARCHITECT to reasonably accommodate such delays
and/or disruptions.
7.9 WAIVER OF SUBROGATION and INDEMNIFICATION: The CLIENT and LANDSCAPE ARCHITECT
waive all rights against each other and any of their agents, representatives, or employees, each of
the other, for damages caused by fire or other causes of loss to the extent covered by any property
insurance applicable to the PROJECT in any way, even if such damages or loss is caused by the
indemnitee's own negligence. To the extent such loss is not covered by property insurance, the
CLIENT further agrees to indemnify and hold harmless the LANDSCAPE ARCHITECT, its directors,
officers, employees and representatives, called indemnitees, from and against all losses, damages,
expenses and costs (including but not limited to reasonable and necessary attorney's fees and
costs and cost of litigation) which arise from or are caused by any act, error, or omission of the
CLIENT, even if commingled with any act, omission, or negligence of the LANDSCAPE ARCHITECT.
It is the intent of the parties that this provision shall satisfy the requirements of all rules of
enforcement of any applicable jurisdiction specifically including but not limited to the clear and
uneauivocal rule, express negligence or express fault rules, and the conspicuousness doctrine to
provide for enforceable indemnity. The CLIENT acknowledges that $50 of its fee has been
designated as consideration for this indemnification.
7.10 Neither the CLIENT nor LANDSCAPE ARCHITECT shall assign this Agreement without the written
consent of the other.
7.11 This Agreement shall be signed and returned to the LANDSCAPE ARCHITECT prior to the
commencement of services.
7.12 The effective date of this Agreement shall be the day and year first written above.
7.13 During the performance of the services under this Agreement, the LANDSCAPE ARCHITECT shall
maintain the following insurance with an insurance company licensed to do business in the State of
Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate
Carriers of at least an A- or above:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000
for each occurrence and not less than $500,000 in the aggregate, and with property damage
limits of not less than $100,000 for each occurrence and not less than $100,000 in the
aggregate. The CLIENT acknowledges that the LANDSCAPE ARCHITECT may maintain this
policy as a personal liability UMBRELLA.
B. Workers Compensation Insurance in the amounts and coverages required under applicable
law.
CONSULTANT shall furnish insurance certificates or insurance policies at OWNER's request to
evidence such coverages.
ARTICLE 8 - STATEMENT OF JURISDICTION
8.1 The Texas Board of Architectural Examiners (TBAE) has jurisdiction over complaints regarding the
professional practices of persons registered as LANDSCAPE ARCHITECTS in the state of Texas.
TBAE
P.O. Box 12337
Austin, TX 78711-2337
(512) 305 - 9000
www.tbae.state.tx.us
Anna Business Park
Page 6 of 7 April 26, 2018
ARTICLE 9 - SUMMARY
9.1 This proposal is offered for a period of thirty days after which, if said proposal has not been
executed, shall no longer be valid.
9.2 Belle Firma, Inc, is pleased to submit this proposal to you for LANDSCAPE ARCHITECTURAL
services. This proposal, unless otherwise noted, constitutes our understanding of the services to be
provided by Belle Firma, Inc. on the Project described above. We appreciate your consideration
and are excited about the opportunity to work together. If you have any questions or need
additional information, please feel free to contact us. We look forward to the successful
completion of this Project.
9.3 By executing this Agreement, the LANDSCAPE ARCHITECT and CLIENT agree and accept the
terms above.
LANDSCAPE ARCHITECT
Belle Firma, Inc.
By:
Name: Kori Haug S A, C RB
Title: President
CLIENT
Anna Economic Development Corporation
By:%v�JG�
Sig ture
Name: Connie Stump
Title: President
Dated:
CLIENT
Anna Community Development Corporation
By:
Signature
Name: Alonzo Tutson
Title: Pre,�,id���
Dated: �d
Anna Business Park
Page 7 of 7 April 26, 2018