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HomeMy WebLinkAboutRes 2022-03-1116 New Line Skate Parks AgreeCITY OF ANNA, TEXAS RESOLUTION NO. oZ�aa G�-LIII A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH NEW LINE SKATEPARKS FOR THE DESIGN OF A SKATEPARK AND ASSOCIATED LANDSCAPING AND IRRIGATION AT SLAYTER CREEK PARK. WHEREAS, the City Council of the City of Anna, Texas, ("City Council")finds that the professional services agreement with New Line Skateparks is instrumental and necessary to the creation of a design for a skatepark; and WHEREAS, the City Council considers a skatepark to be beneficial to the neighbors of Anna, Texas, meeting several goals and objectives set forth in the Strategic Plan adopted by City Council; and WHEREAS, the City Council approves the proposed contract with New Line Skateparks, to include the following fee: "The total amount for fiscal year 2022: $150,000" NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes as set forth in full. Section 2. Approval and Authorization of Agreement. The City Council hereby approves the extension attached hereto as Exhibit 1 to enter into a professional services agreement with New Line Skateparks and ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize and enforce the professional services agreement with New Line Skateparks. PASSES AND APPROVED by the City Council of the City of Anna, Texas, on this 91h day of November 2021. APPROVED: Mayor Nate Pike iui1u,rrrrrr��,. ATTEST: % 19 1 STATE OF TEXAS § COUNTY OF COLLIN § THIS AGREEMENT is made and entered into as of the 0 day of c,'cAm% , 2022, by and between the City of Anna, Texas, a Texas municipal corporation, with its principal office at I I I N. Powell Parkway, Anna, Collin County, Texas 75409, hereinafter called "OWNER' and New Line Skateparks FL, Inc with its corporate office #1,137 West Marion Ave, Edgewater, FL hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives, y'JITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: OWNER hereby contracts with CONSULTANT, as an independent contractor, and CONSULTANT hereby agrees to perform the services herein in connection with the projects) as stated herein: (1) with the professional skill and care ordinarily provided by competent engineers and/or architects, as applicable, practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer and/or architect, as applicable. The professional services set out here are in connection with the following described project(s) (the "Project" whether one or more): The Project shall include the professional services described under Article 2.A. of this Agreement and/or individual task orders which shall be governed by the terms of this Agreement. CONSULTANT shall perform the following services in a professional manner: A. CONSULTANT shall perform all those services as necessary and as described under "Scope of Services" as set forth in Exhibit "A" which is attached hereto and made part hereof as if written word for word herein, B. CONSULTANT shall perform appropriate services set forth in individual task orders which shall be governed by the terms of ibis Agreement. C. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement or any task orders, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. Additional services to be performed by CONSULTANT, if authorized in writing by OWNER, whether included in the above -described Scope of Services, are described as follows: A. During the course of the Project, as requested by OWNER, CONSULTANT will be available to accompany OWNER's personnel when meeting with or having dealings with the Texas Commission on Environmental Quality, U.S. Environmental Protection Agency, or other regulatory agencies. CONSULTANT will assist OWNER's personnel on an as -needed basis in preparing compliance schedules, progress reports, and providing general technical support for OWNER'S compliance efforts. B. Assisting OWNER or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. C. Sampling, testing, or analysis beyond that specifically included in the above -described Scope of Services. D. Preparing copies of computer aided drafting {CAD) electronic data bases, drawings, or files for OWNER's use in a future CAD system. E. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. F. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to OWNER G. Providing geotechnical investigations, including soil borings, related analyses, and recommendations. This Agreement shall become effective upon execution of this Agreement by OWNER and CONSULTANT and upon issue of a notice to proceed by OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule for completion set forth in Exhibit `B" which is attached hereto and made a part of this Agreement as if written word for word herein. s 1. "Subcontract Expense" is defined as expenses incurred by CONSULTANT in employment of others in outside firms for services .'in the nature of, geotechnical evaluations, architectural or engineering services, and other necessary support labor incident to the work required under the Scope of Services and Additional Services. 2. `direct Non -Labor Expense" is defined as that expense for any OWNER -authorized assignment incurred by CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by CONSULTANT herein, OWNER agrees to pay, based on the cost estimate detail at an hourly rate shown in Exhibit "C" which is attached hereto and made a part of this Agreement as if written word for word herein. Partial payments to CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by OWNER through its City Manager or his designee, however, under no circumstances .shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. Nothing contained in this Article shall require OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. OWNER shall not be required to make any payments to CONSULTANT when CONSULTANT is in default under this Agreement. It is specifically understood and agreed that CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by OWNER for any charge, expense, or reimbursement above any maximum not -to -exceed fee as stated within any specified task order, without first having obtained written authorization from OWNER. CONSULTANT shall not proceed to perform any services without obtaining prior written authorization from the City Manager or his designee. C. ADDITIONAL SERVICES: For additional services authorized in writing by OWNER in Article 3, CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit "C." Payments for additional services shall be due and payable upon submission by CONSULTANT and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. D. PAYMENT: If OWNER fails to make payments due CONSULTANT for services and expenses within 30 days after receipt of CONSULTANT'S undisputed statement thereof, the amounts due CONSULTANT will be increased by the rate of one percent (1%) per month from the said Jua day, and, in addition, CONSULTANT may, after giving seven days' written notice to OWNER, suspend services under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require OWNER to pay the late charge of one percent (1%) set forth herein if OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article S, "Compensation" CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to OWNER any defects or deficiencies in the work of CONSULTANT or any subcontractors or subconsultants of CONSULTANT or of any other party providing construction services or related services in furtherance of the Project. • ��►1� .1 ' i 1 • •1c�ID� All documents prepared or furnished by CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall become the property of OWNER upon the termination of this Agreement. CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by CONSULTANT are intended only to be applicable to the Project, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein and by CONSULTANT at the time such information and materials are delivered, CONSULTANT is released from any and all liability relating to such use in that project. CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. OWNER shall not control the means, methods, sequences, procedures, or techniques utilized by CONSULTANT to perform work or services under this Agreement or any associated task order. OWNER shall have the right to audit and make copies of CONSULTANT'S books, records and computations pertaining to this agreement. CONSULTANT shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, CONSULTANT shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow OWNER. similar access to those documents. All books and records wiIl be made available within a 50 mile radius of the City of Anna. The cost of the audit will be borne by OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by CONSULTANT which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in OWNER's sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. CONSULTANT shall indemnify, defend, save and hold harmless OWNER and its officers, agents, and employees from and against any and all liability for damages to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the CONSULTANT or the CONSULTANT'S agent, consultant under contract, or another entity over which the CONSULTANT exercises control, including but not limited to reasonable attorney fees and related expenses in proportion to CONSULTANT's liability. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including without limitation the defense of governmental immunity, which defenses are hereby expressly reserved. During the performance of the services under this Agreement, CONSULTANT 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. B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance wish limits of not less than $1,000,000 annual aggregate. E. CONSULTANT shall furnish insurance certificates or insurance policies at OWNER's request to evidence such coverages. Except for workers compensation and professional liability, the insurance policies shall name OWNER as an additional insured and shall contain a provision that such insurance shall not be canceled or reduced with respect to by coverages or endorsements without 30 days' prior written notice to OWNER and CONSULTANT. In such event, CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. A. Notwithstanding any other provision of this Agreement, OWNER may terminate by giving 30 days' advance written notice to the CONSULTANT. B. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to OWNER within 30 days after the date of termination. OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article 5 "Compensation." Should OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to OWNER on or before the date of termination but may maintain copies of such documents for its use. Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents, subcontractors, and subconsultanis for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by OWNER for any defect in the design or other work prepared by CONSULTANT, its employees, subcontractors, agents, and consultants. i All notices, communications, and reports required or permitted under this Agreement shall be mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed delivered as of three days after mailing: To CONSULTANT: To OWNER: Attu: Kyle Dion City Manager New Line Skateparks FL, Inc City of Anna #11 137 West Marion Ave Attn: City Manager Edgewater, FL 32132 P.O. Box 776 Anna, Texas 75409 This Agreement constitutes the complete and final expression of the agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior or contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. Ay 1 If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. 1 1 1 1 .�►�'11; 1; In performing the services required hereunder, the CONSULTANT shall not disci�minate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ro A. CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of or have any contractual relations with OWNER. CONSULTANT shall inform OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by CONSULTANT or under its supervision. All personnel engaged in work shall be qualified and shall be authorized and permitted under state and local laws to perform such services. CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of OWNER. M U I al lysily y I# ,, No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed, and the parties further agree that the provisions of this section will not be waived unless as set forth herein. 1 W A. The following exhibits are attached to and made a part of this Agreement: Exhibit A — Scope of Services Exhibit B — Project Completion Schedule Exhibit C — Fee Schedule B. CONSULTANT agrees that OWNER shall, until the expiration of four years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in, order to conduct audits in compliance with this section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Collin County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. PROFESSI®IV.�L SERVICES AGRtEENT Page � of 11 D, For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Trevor Morgan and Mark van der Zahn. However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein. B. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by OWNF,R. F. OWNER shall assist CONSULTANT by placing at CONSULTANT'S disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for CONSULTANT to enter in or upon public and private property as required for CONSULTANT to perform services under this Agreement. G. CONSULTANT shall at all times maintain OWNER'S confidential or proprietary information in confidence and shall disclose same to third parties only as specifically instructed by OWNER, unless disclosure is compelled by law, court, or other compulsory legal process. Any disclosure of privileged or confidential information by OWNER to CONSULTANT is in furtherance of OWNIER's purposes and is not intended to and does not waive any privileges that may exist with regard to such information. H. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS HEREOF, the City of Anna, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer. ,.� � :. � .� 3yoP , its IN 6 4WITNESS WHERE//OF: SOF( § PkL a 4 § C OF Before me, the undersigned notary public, on the 1 day of C ►�� , 2022, personally appeared k� (� 10c �A , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me and verified under oath that he/she executed the same for the purposes and consideration therein expressed and in his/her capacity as w ip - I- of LC C�_ Notary Public, Statt r rr e «« f :c ov,UmGrant M -Sauer t�fs Notary Public (SEAL) 56 8880 201 Street Langley 8C-VIM 4 7 CITY By: IN WITNESS WI-�REOF: STATE OF TEXAS § COUNTY OF COLLIN § Before me, the undersigned notary public, on the ,i q 4 day of , 2022, personally appeared Jim Proce, known to me (or proved to me) to be the person wh se name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna, Texas. �sJQ;O�P�Y PU84 .F•p z OF �i� •••' 1293ZF /W#Ffl ��/I II 1 PROFESSIONAL SERVICES AGREEMENT Page 11 of 11 ;KATEPARK S )Afir_; October 221,a 2021 tear t�<J�r. al�er, hank you f:�r choosing our tearr� for rriodern s�ateparlE deveEoprnent assistan�e. ��bre ��efieve this pI oject will be can excellent investment in the youth of Anna and a welcome addition to the con, nounity. r� ^� �i3.� �i�at��wri�� ��. �rFc is pieaseci tr subr`eri%the foilo`f�firrg scope cf wr�rl for sl�atep<�ri�. desigtii services. We understand that our consulting services will be focused on the development of a cast-in- piace municipal concrete skatepark and immediate landscape in'rerfaces. Final construction drawing package to be sealed b Ii exas PLA, Mark van der Zalm with relevant civil and structural engineering details sealed by our support team of Statedicensed professionals. 2 Key phases will organize our wome plan; �iiaye � mite �44�=�tsE �ra�araity ��r€srslt�tt�r� r=e �r��<ap �a.sig�� + Project initiation meeting to review site and intended program for- sE;atepark development irgariization of Situ base data anti creatican Qi` at-ralysls dre„;i?;gs {22o't % tltic ) Sit.?Ca° c3nd SC;i}i�'y 2 stt provided. by Others) -'r krreation of scaled ?_D colour € RELIMINARY concept drawings and order of magnitude cost t'.Stirs`iate. � €.�`evefc�prrerit of i=l��Al.facilit�; concept design. r�eli°�er�rbies irrciudv scaEed, �� faa'sfit�,� renderings and budget analysis to confirrm estlrnated facility construction budget. Provision of 3 intemactive public design input/revievmeetings (includes online surveys', -,` Coordination and progress review metitings with Cite Submission of Phase 1 resign and Budget Summary report ��a�e 2; gie��r:�°s�ai eair$ a �r�strr��tio ra��irrs C'r°oduction of all skateparia technical dra�a�ings �- subrr�issi:�rxs and reviews �av�itia t�it�l at ���:'rs, S �a�, 'I.C;0°iu s Pro'tJ1>ior3 of final construction drawings and sp2cii'lcatii9nS f Provision of final cost estimate Electrical engineering J design for sport fighting system lrr i ration design for turf area surrounding sicatepark structure i��w LfPJE 5KA'?��r3Afi24i� i �, 1 �7 rAt�� i tt�Ai;ICJP! A�r<, r=[7�CtlVATEF FL, 32i32 t i i.�5ri ��3.�'�� r GC�4.�3�.2.E �� FM I%% L I N , cpe iil be f�wused on cs�nc reie sltaieparl sirLiciLire end irrriedite l�ndscpe inir�aces only. Support amenities such as baihroorn buildings not included ADA design review included Ail deliver�blesfsR�bt�lssiens iii di�ii�l ��rrn�iAsu��r�tinsa ° SIt2 �ie�tBChni�al Study and Topographical it+dey to be prn��ided by v�frter Inclines civil and structural engineering revieW and seal or relevant project details Any easements required forthe project vjill be obtained by the Owner Fnvironrnental reviety/perfmitting and support (restroom) building design not included I'ti "sCO�se c5i �M1'Crl �r�1e lc��(z ;����S�E��rd to v.#crk`li�� s�ri�h rc�c� �� r:'rake this �rc'jec� � ie�ilG�p, � cease c��n'� hesii�i�e �+Wa lei us i�na�v 1f you have any questions or comments regarding our Subrnissio €. �iriCcr�lti„ l (edr Korean 1ir_p. PrPsident; New Line Skateparis R. ine �� yV�1�,'.f�l�t,�bdl_l�d�S"ltFfil cF',�.iEl4 s.t�J�li 1 iPJC=�J'rU�i`�ict�LIN�SKt�,��Pt��K�.�Fvi !�,`i�`��ii`I�i�: �aian tP,��iker� ParlEs i�lmnning and eveloprnent i'v�anager, e�i;;�F of Anna � )AT E: October 221112021. + Project initiation meeting to review prospective sites (Nordh and East) and intended prograni for skatepark development �` rganira'idon of site b ase data and creation Ctf analysis di'a1�Pin�S (�eotecnnical study and survey data provided by Others) �;- Creation of sr;aieci 2 colour i'Rgt.IMiPS!AP5' concept drawings and order of magnitude cast etatirrrate (preliminary 2D schematics to be created for both site locations within Slayter Park) Development of FINAL facility concept design, Deliverables include scaled, 3D facility renderings and budget analysis to confirm estimated facility construction budget. Provision of 3 interactive public design input/review meetings (includes online sr.,r%feys) Coordination and progress review meetings with E ity Submission of Phase I Design and Budget Surnmar+; Report Y.- "rradr.aetic�n rif ail skateparktechrtical dravfings-�subn�risvirans grad ;�vie'�iis v�rith pity at g�%, `15°'�, �"¢"C19tSl�n r`3Y'iitFul cr�nsirLSctiton drea!$11ngs aY%ii s,�ea�iiir:ation5 Pr-ovis.iori of final cast est'irnate Electrical engineering / design for sport lighting system Irrigation design for turf area surrounding skatepark structure Scope will be focused on concrete skatepark structure and Immediate landscape interfaces only. Design of support amenities such as bathroom buildings not included ADA design review included All deliverables/submissions in digital format NSKATEPARKS 3 CJ,�tner reviP�rrs anti at�provais (corn�nents w�.liti�in 7 vdorkEng days of epee, dasii;n deli�JerabEe submission Environanental review/permitting and suppon (restroom) building design not included in scope of work �iTTEi�?T4C$�!: ��alan tft�aEk�r�- �ar�s Elannin�; anc� �e�elt�pttient. i�;iar�a�er, City c�� �;r�na "��, DATE: October 2211" 2021 Includes YF$ $800 ilreci cost allowance for lat ge format colour printing o t�i°incipaf in Charge `€�yle lain}= 51.23�/hr i�iAinci��al f' i�rc��eet, Ct��rc"iinazi�r� and � �t'rsli� �k�treach �T�"��€��� t�.�ct�=m�; ��1.J/1.,in ro;ect Manager and i er€=ain Designer (Kanten Russell): $1110/hr l and.rcafae Architect (Mark van der Zalm): $1 a0/hr -ethnical Designers (Chris Long/ Ryan Crane); $ /hr „4(l ECB inePi; 160/hr tru aural Engineer: 160/hr r Site C2eoterhnirai Sfudy and Topo�rap'raicai Survey 20 be �iravidpd by t��vner lr�.�l`�'uV.C���flLiP?ESi�� T EE'Ia�ICS.�t�s�3 (tR;t=Q rc i���VLI�l��1�3 T EP',I�S:S.f3{73 I UT L SKATEPARKS F Includes civil and struCcurad engineering revieev anti lead caf relevant project aetaiis Any easetrents required for the project will be obtained by the Owner Environmental review permitting and support (restroom) building design not included in scope of work •" �J��f� L4�i= SKr�iic��:Fkd�� t Wit, 13/ l�dES'i fut�Ftl�1;+! AVE, En�E�IJA�"�d2 �'L, 3�93� 1 i 1.�10�.4�3.954f� � fit3^.5u0.`d 9'i9 U�Itn�lrtr.hd�U"slLdi�dd=5"�'TEt'Tti�KS.�dd� d dP�d=C7t�f�E2�JL1�!E�€<AiEPt',Rd��.�"t1�ii WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 33 NOTIFICATION TO OTHERS OF CANCELLATION ENDORSEMENT This endorsement is used to add the following to Part Six of the policy. PART SIX CONDITIONS A. If we cancel this policy by written notice to you for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below. Notification to such person or organization will be provided at least 10 days prior to the effective date of the cancellation, as advised in our notice to you, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this policy by written notice to you for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) / Number of Days Notice: Organization(s): The City of Anna, TX, a Texas municipal corporation 30 111 N. Powell Parkway, Anna, Collin County„ TX 75409 All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 06/01/2022 Policy No:. WC 12-68-329-02 Endorsement No: Insured: Paychex Business Solutions, LLC Alt. Emp: New Line Skateparks FL Inc Premium: $ 911 Panorama Trail South Insurance Company: American Zurich Insurance Company WC 99 06 33 (Ed. 05-10) Includes copyrighted material of National Council on Compensation Insurance, Inc. with its permission. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 06/02/2022 Mary Storti c/o Paychex Insurance Agency, Inc. 150 Sawgrass Drive Rochester, NY 14620 (877) 266-6850 pbscerts@paychex.com American Zurich Insurance Company 40142 Paychex Business Solutions, LLC Alt. Emp: New Line Skateparks FL Inc 911 Panorama Trail South Rochester, NY 14625 Coverage is provided for only those co-employees of, but not subcontractors to: WC 12-68-329-02 06/01/2022 06/01/2022 06/01/2023 06/01/2023 2,000,000 2,000,000 2,000,000 22FL0951018559 20008076-FL Slayter Park Skatepark X Endorsements: Waiver of Subrogation, 30 days written cancel notice (10 days for non payment of premium) Y New Line Skateparks FL Inc 137 W Marion Ave STE 1 Edgewater, FL 32132 The City of Anna 111 N. Powell Parkway Anna, Collin County , TX 75409 Client# A Location Coverage Period: X WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 A (Ed. 1-00) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. Specific Waiver Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: Policy No: Endorsement No: Insured: Premium: $ Insurance Company: Countersigned by WC 42 03 04 A (Ed. 1-00) Page 1 of 1 WORKERS¶ COMPENSATION AND EMPLOYERS¶ LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule IN FAVOR OF: WORK PERFORMED BY CO-EMPLOYEES OF: ON THE FOLLOWING PROJECT: FEE FOR THIS WAIVER IS: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: Policy No: Endorsement No: Insured: Premium: $ Insurance Company: Countersigned By: Authorized Representative Au Authorized Representative WC 124 (4-84) WC 00 03 13 Copyright 1983 National Council on Compensation Insurance. Page 1 �SKAT�p as r. i Contemplated Change Order o o,~QsxAT�e�Pa Project Name: Slayter Creek Skatepark Design- Anna,TX Date: October 28, 2022 Project Number: D-USA22-002U CO# 1 Issued To: Dalan Walker) PARK PLANNING AND DEVELOPMENT MANAGER (Project Manager) Requester: Kanten Russell This is authorization for New Line Skateparks FI. Inc. to perform additional services on the project as noted above. New Line Skateparks FI. Inc. agrees to perform the following additional service(s): Item # Description of Change Cost/Savings 1 Expanded Scope and Re -Design from original $1.4 Mil Skatepark size and scope to Approx. $1.8 Mil for all Skatepark Design $20,000 Fees 2 Expanded Scope from original $1.4 Mil Skatepark size and scope to Approx. $1.8 Mil for all Landscape Architecture and Engineering services $20,000 Fees Total $40,000.00 Original Base Price Previous Changes This Change Order Revised Total Value $ 15%000.00 N/A $40,000.00 $190,000.00 CLIENT agrees to compensate New Line Skateparks FI. Inc. for such additional services in accordance with the terms of the initial agreement for additional amount(s) stated below: This work will be billed Lump Sum, Not -to -Exceed $190,000. All other terms and conditions of the original agreement shall remain in full force and effect. Effect on Schedule: N/A New Line Skateparks Fl. Inc. 137 W. Marion Ave #1, Edgewater, FL 32132 Email: info@newlineskateparks.com By signing below, the parties agree and affirm that each has reviewed and understands the provisions set out above and that each party shall be bound by each and all of said provisions. A copy of this agreement shall serve and may be relied upon as an original. Accepted by: NEW LINE SKATEPARKS FL. INC. CITY OF ANNA, TX 1 t0 C Kyle Dion Print Na e a Title ri ame and Title Signature Signature Date Signed: 25/11/2022 Date Signe . �� New Line Skateparks Fl, Inc. 137 W. Marion Ave #1, Edgewater, FL 32132 Email: info@newlineskateparks.com