HomeMy WebLinkAbout1998-088ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY
OF DENTON AND CORGAN ASSOCIATES, INC FOR THE DESIGN OF THE NORTH LAKES
AND DENIA RECREATION CENTERS EXPANSION IN THE AMOUNT OF $75,000 00 FIXED
FEE AND A NOT TO EXCEED REIMBURSABLE AMOUNT OF $7,500 00, PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE
(RFSP #2174 — NORTH LAKES AND DENIA RECREATION CENTERS EXPANSION —
CORGAN ASSOCIATES, INC — FIXED FEE OF $75,000 00 PLUS A NOT TO EXCEED
REIMBURSABLE AMOUNT OF $7,500 00)
WHEREAS, Chapter 2254 of the Texas Government Code, known as the Professional
Services Procurement Act, provides that a City may not select a provider of professional services
on the basis of competitive bids but on the basis of demonstrated competence and qualification and
for a fair and reasonable price, and
WHEREAS, the professional fees under the proposed contract are consistent with and not
higher than the recommended practices and fees published by the applicable professional association
and do not exceed an maximum provided by law, and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the services set forth in the proposed contract, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That the City Manager is hereby authorized to execute on behalf of the City
of Denton, Texas, a professional services contract, substantially the same as the contract which is
attached hereto and made a part hereof for all purposes, that provides services relating to
Architectural Services as defined in Request for Sealed Proposal #2174 North Lakes and
Dema Recreation Center Expansion Project with Corgan Associates, Inc. in the amount of
$75,000 00 fixed fee plus a not to exceed reimbursable amount of $7,500 00
SECTION II That the award of this contract is on the basis of demonstrated competence
and qualifications of the provider of professional services under this contract and the ability of such
provider to perform the needed services for a fair and reasonable price
SEECTION III. That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the {� day of / G 1998
JACVOLLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
O
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
10-29 97 REV
`U " " U
AGREEMENT BETWEEN THE CITY OF DENTON �y
AND CORGAN ASSOCIATES, INC. b �/ o
RFSP # 2174 — NORTH LAKES AND DENIA RECREATION
CENTERS EXPANSION
This Agreement made as of the seventh day of April, 1998 between the Crry of
Denton, Texas, hereinafter referred to as "Owner" and Corgan Associates, Inc
hereinafter referred to as "Architect" for the following Project North Lakes and Dema
Recreation Center Expansion The Owner and Architect agree as set forth below
ARCHITECT'S RESPONSIBILITIES
1 1 ARCHITECT'S SERVICES
1 1 1 The Architect's services consist of those services performed by the
Architect, Architect's employees and Architect's consultants as enumerated in Articles 2
and 3 of this Agreement and any other services included in Article 11
1 12 The Architect's services shall be performed as expeditiously as is consistent
with a very high standard of professional skill and care and the orderly progress of the
Work Upon request of the Owner, the Architect shall submit for the Owner's approval a
schedule for the performance of the Archutect's services which may be adjusted as the
Project proceeds, and shall include allowances for periods of time required for the
Owner's review and for approval of submissions by authorities having jurisdiction over
the Project Tune limits established by this schedule and approved by the Owner shall
not, except for reasonable cause, be exceeded by the Architect or Owner, and any
adjustments to this schedule shall be mutually acceptable
1 13 The services covered by this Agreement are subject to the time limitations
contained in Subparagraph 10 4 1
SCOPE OF ARCHITECT'S BASIC SERVICES
21 DEFINITION
2 1 1 The Architect's Basic Services consist of those described in Paragraphs 2 2
through 2 6 and any other services identified in Article 11 as part of Basic Services, and
include without limitation normal structural, mechanical and electrical engineering
services and any other engineering services necessary to produce a complete and accurate
set of Construction Documents, as described by and required in Paragraph 2 4
PAGE
22 SCHEMATIC DESIGN PHASE
2 2 1 The Architect in consultation with the Owner shall develop a written
program for the Project to ascertain Owner's needs and to establish the requirements for
the Project
2 2 2 The Architect shall provide a preliminary evaluation of the Owner's
program, construction schedule and construction budget requirements, each in terms of the
other, subject to the limitations set forth in Subparagraph 5 2 1
2 2 3 The Architect shall review with the Owner alternative approaches to design
and construction of the Project
2 2 4 Based on the mutually agreed -upon program, schedule and construction
budget requirements, the Architect shall prepare, for approval by the Owner, Schematic
Design Documents consisting of drawings and other documents illustrating the scale and
relationship of Project components The Schematic Design shall contemplate compliance
with all applicable laws, statutes, ordinances, codes and regulations
2 2 5 The Architect shall submit to the Owner a preliminary detailed estimate of
Construction Cost based on current area, volume or other unit costs and which indicates
the cost of each category of work involved in constructing the Project and establish an
elapsed time factor for the period of time from the commencement to the completion of
construction
23 DESIGN DEVELOPMENT PHASE
2 3 1 Based on the approved Schematic Design Documents and any adjustments
authorized by the Owner in the program, schedule or construction budget, the Architect
shall prepare for approval by the Owner, Design Development Documents consisting of
drawings and other documents to fix and describe the size and character of the Project as
to architectural, structural, mechanical and electrical systems, materials and such other
elements as may be appropriate, which shall comply with all applicable laws, statutes,
ordmances, codes and regulations Notwithstanding Owner's approval of the documents,
Architect shall prepare documents and specifications sufficient and adequate to fulfill the
purposes of the project
2 3 2 The Architect shall advise the Owner of any adjustments to the preliminary
estimate of Construction Cost in a further Detailed Statement as described in Paragraph
225
PAGE 2
24 CONSTRUCTION DOCUMENTS PHASE
2 4 1 Based on the approved Design Development Documents and any further
adjustments in the scope or quality of the Project or in the construction budget authorized
by the Owner, the Architect shall prepare, for approval by the Owner, Construction
Documents consisting of Drawmgs and Specifications setting forth in detail requirements
for the construction of the Project, which shall comply with all applicable laws, statutes,
ordinances, codes, regulations including, without limitation, the latest ADA state and
federal requirements. All state and federal requirements shall be submitted by the
architect and gain approval before the bidding process.
2 4 2 The Architect shall assist the Owner in the preparation of the necessary
bidding information, bidding forms, the Conditions of the contract, and the form of
Agreement between the Owner and contractor
2 4 3 The Architect shall advise the Owner of any adjustments to previous
prelimmary estimates of Construction Cost indicated by changes in requirements or
general market conditions
2 4 4 The Architect shall assist the Owner in connection with the Owner's
responsibility for filing documents required for the approval of governmental authorities
having jurisdiction over the Project
25 BIDDING
2 5 1 The Architect, following the Owner's approval of the Construction
Documents and of the latest preliminary estimate of Construction Cost, shall assist the
Owner in obtaining bids and assist in awarding and preparing contracts for construction
2 5 2 If the lowest bid for the construction of the Project exceeds the total
construction cost of the Project as set forth in the approval Detailed Statement of Probable
Construction Costs of the Projects submitted by the Architect, then the Architect, as its
sole cost and expense, shall revise the Construction Documents as may be required by the
City to reduce or modify the quantity or quality of the work so that the total construction
cost of the Project will not exceed the total construction cost set forth in the approved
Detailed Statement of Probable Construction Costs The project shall be bid with a
written statement requiring the contractor and subcontractors to sign an agreement to
participate in a partnering construction relationship with the City and the Architect
26 CONSTRUCTION PHASE - ADMINISTRATION OF THE
CONSTRUCTION CONTRACT
2 6 1 The Architect's responsibility to provide Basic Services for the Construction
Phase under this Agreement commences with the award of the Contract for Construction
and terminates at the issuance to the Owner of the final Certificate for Payment, unless
extended under the terms of Subparagraph 9 3 3
PAGE
2 6 2 The Architect shall provide detailed administration of the Contract for
Construction as set forth below and in the edition of AIA document A201, General
Conditions of the Contract for Construction, current as of the date of this Agreement,
unless otherwise provided in this Agreement
2 6 3 Construction Phase duties, responsibilities and limitations of authority of the
Architect shall not be restricted, modified or extended without written agreement of the
Owner and Architect
2 6 4 The Architect shall be a representative of and shall advise and consult with
the Owner (1) during construction, and (2) as an Additional Service at the Owner's
direction from time to time during the warranty period described in the Contract for
Construction, i e one year The Architect shall have authority to act on behalf of the
Owner only to the extent provided in this Agreement unless otherwise modified by written
instrument
2 6 5 The Architect shall observe the construction site at least one time a week,
regardless of whether construction is in progress, to become familiar with the progress and
quality of the Work completed and to determine if the Work is being performed in a
manner indicating that the Work when completed will be in accordance with the Contract
Documents Provided, however, Architect shall not be required to make continuous on -
site inspections to check the work Architect shall provide Owner a written report
subsequent to each on -site visit On the basis of on -site observations as an architect, the
Architect shall keep the Owner informed of the progress and quality of the Work, and
shall exercise the utmost care and diligence in discovering and promptly reporting to the
Owner any defects or deficiencies in the work of Contractor or any subcontractors The
Architect represents that he will follow the highest professional standards in performing all
services under this Agreement Any defective designs or specifications furnished by the
Architect will be promptly corrected by the Architect at no cost to the Owner The
Owner's approval, acceptance, use of or payment for all or any part of the Architect's
services hereunder or of the Project itself shall in no way alter the Architect's obligations
or the Owner's rights hereunder
2 6 6 The Architect shall not have control over or charge of and shall not be
responsible for construction means, methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the Work The Architect shall not be
responsible for the Contractor's schedules or failure to carry out the Work in accordance
with the Contract Documents except insofar as such failure may result from Architect's
acts or omissions The Architect shall not have control over or charge of acts or
omissions of the Contractor, Subcontractors, or their agents or employees, or of any other
persons performing portions of the Work
2 6 7 The Architect shall at all tunes have access to the Work wherever it is in
preparation or progress
PAGE 4
2 6 8 Except as may otherwise be provided in the Contract Documents or when
direct communications have been specially authorized, the Owner and Contractor shall
communicate through the Architect Communications by and with the Architect's
consultants shall be through the Architect
2 6 9 Based on the Architect's observations at the site of the work and evaluations
of the Contractor's Applications for Payment, the Architect shall review and certify the
amounts due the Contractor
2 6 10 The Arclutect's certification for payment shall constitute a representation to
the Owner, based on the Architect's observations at the site as provided in Subparagraph
2 6 5 and on the data comprising the Contractor's Application for Payment, that the Work
has progressed to the point indicated and that the quality of the Work is in accordance with
the Contract Documents The foregoing representations are subject to minor deviations
from the contract Documents correctable prior to completion and to specific qualifications
expressed by the Architect The issuance of a Certificate for Payment shall further
constitute a representation that the Contractor is entitled to payment in the amount
certified However, the issuance of a Certificate for Payment shall not be a representation
that the Architect has (1) made exhaustive or continuous on -site inspections to check the
quality or quantity of the Work, (2) reviewed construction means, methods, techniques,
sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors
and material suppliers and other data requested by the Owner to substantiate the
Contractor's right to payment or (4) ascertained how or for what purpose the Contractor
has used money previously paid on account of the Contract Sum
2 6 11 The Architect shall have the responsibility and authority to reject Work
which does not conform to the Contract Documents Whenever the Architect considers it
necessary or advisable for implementation of the intent of the Contract Documents, the
Architect will have authority to require additional inspection or testing of the Work in
accordance with the provisions of the Contract Documents, whether or not such Work is
fabricated, installed or completed However, neither this authority of the Architect nor a
decision made in good faith either to exercise or not exercise such authority shall give rise
to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and
equipment suppliers, their agents or employees or other persons performing portions of
the Work
2 6 12 The Architect shall review and approve or take other appropriate action upon
Contractor's submittals such as Shop Drawings, Product Data and Samples for the
purpose of (1) compliance with applicable laws, statutes, ordinances and codes, and (2)
determining whether or not the Work, when completed, will be in compliance with the
requirements of the Contract Documents The Architect's action shall be taken with such
reasonable promptness to cause no delay in the Work or in the construction of the Owner
or of separate contractors, while allowing sufficient time in the Architect's professional
judgment to permit adequate review Review of such submittals is not conducted for the
purpose of determining the accuracy and completeness of other details such as dimensions
and quantities or for substantiating instructions for installation or performance of
equipment or systems designed by the Contractor, all of which remain the responsibility of
PAGES
the Contractor to the extent required by the Contract Documents The Architect's review
shall not constitute approval of safety precautions or, unless otherwise specifically stated
by the Architect, of construction means, methods, techniques, sequences or procedures
The Architect's approval of a specific item shall not indicate approval of an assembly of
which the item is a component When professional certification of performance
characteristics of materials, systems or equipment is required by the Contract Documents,
the Architect shall be entitled to rely upon such certification to establish that the materials,
systems or equipment will meet the performance criteria required by the Contract
Documents
2 6 13 The Architect shall prepare Change Orders and Construction Change
Directives, with supporting documentation and data if deemed necessary by the Architect
as provided in Subparagraphs 3 1 1 and 3 3 3, for the Owner's approval and execution in
accordance with the Contract Documents, and may authorize minor changes in the Work
not involving an adjustment in the Contract Sum or an extension of the Contract Time
which are not mconsistent with the intent of the Contract Documents
2 6 14 On behalf of the Owner, the Architect shall conduct inspections to determine
the dates of Substantial Completion and Final Completion, and shall issue Certificates of
Substantial and Final Completion The Architect shall also make observation within thirty
(30) days of the expiration of the one year warranty period under the performance bond or
one year from the date of final completion and shall immediately advise the Owner in
writing of any defects in workmanship and material so that the Owner may make an
appropriate claim under the bond The Architect will receive and review written
guarantees and related documents required by the Contact Documents and assembled by
the Contractor and shall issue a final certificate for Payment
2 6 15 The Architect shall interpret and provide recommendations on matters
concerning performance of the Owner and Contractor under the requirements of the
Contract Documents on written request of either the Owner or Contract The Architect's
response to such requests shall be made with reasonable promptness and within any time
limits agreed upon
2 6 16 Interpretations and decisions of the Architect shall be consistent with the
intent of and reasonably inferable from the Contract Documents and shall be in writing or
in the form of drawings When making such interpretations and initial decisions, the
Architect shall endeavor to secure faithful performance by both Owner and Contractor,
shall not show partiality to either, and shall not be liable for results for interpretations or
decisions so rendered in good faith in accordance with all the requirements of the Owner -
Architect Agreement and in the absence of negligence
2 6 17 The Architect shall render written decisions within a reasonable time on all
claims, disputes or other matters in question between the Owner and Contractor relating to
the execution or progress of the Work as provided in the Contract Documents
PAGE 6
2 6 18 The Architect (1) shall render services under the Agreement in accordance
with the highest professional standards prevailing in the metroplex area, (2) will reimburse
the Owner for all damages caused by the defective designs the Architect prepares, and (3)
by acknowledging payment by the Owner of any fees due, shall not be released from any
rights the Owner may have under the Agreement or diminish any of the Architect's
obligations thereunder
2 6 19 The Architect shall provide the Owner with one set of reproducible prints
showing all significant changes to the Construction Documents during the Construction
Phase and shall also provide the Owner with one set of reproducible as -built Drawings for
the Owner's file
ADDITIONAL SERVICES
31 GENERAL
3 1 1 The services described in this Article 3 are not included in Basic Services
unless so identified in Article 2 or 11, and they shall be paid for by the Owner as provided
in this Agreement, in addition to the compensation for Basic Services The services
described under Paragraphs 3 2 and 3 4 shall only be provided if authorized or confirmed
in writing by the Owner If services described under Contingent Additional Services in
Paragraph 3 3 are required due to circumstances beyond the Architect's control, the
Architect shall notify the Owner prior to commencing such services If the Owner deems
that such services described under Paragraph 3 3 are not required, the Owner shall give
prompt written notice to the Architect If the Owner indicates in writing that all or part of
such Contingent Additional Services are not required, the Architect shall have no
obligation to provide those services Owner will be responsible for compensating the
Architect for Contingent Additional Services only if they are not required due to the
negligence or fault of Architect
32 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3 2 1 If more extensive representation at the site than is described in Subparagraph
2 6 5 is required, the Architect shall provide one or more Project Representatives to assist
in carrying out such additional on -site responsibilities
3 2 2 Project Representatives shall be selected, employed and directed by the
Architect, and the Architect shall be compensated therefor as agreed by the Owner and
Architect The duties, responsibilities and limitations of authority of Project
Representatives shall be as described in the edition of AIA Document B352 current as of
the date of this Agreement, unless otherwise agreed
PAGE 7
3 2 3 Through the observations by such Project Representatives, the Architect
shall endeavor to provide further protection for the Owner against defects and deficiencies
in the Work, but the furnishing of such project representation shall not modify the rights,
responsibilities or obligations of the Architect as described elsewhere in this Agreement
33 CONTINGENT ADDITIONAL SERVICES
3 3 1 Making material revisions in Drawings, Specifications or other documents
when such revisions are
1 inconsistent with approvals or instructions previously given by the
Owner, including revisions made necessary by adjustments in the
Owner's program or Project budget,
2 required by the enactment or revision of codes, laws or
regulations subsequent to the preparation of such documents, or
3 due to changes required as a result of the Owner's failure to
render decision in a timely manner
3 32 Providing services required because of significant changes in the Project
including, but not limited to, size, quality, complexity, the Owner's schedule, or the
method of bidding and contracting for construction, except for services required under
Subparagraph 5 2 5
3 3 3 Preparing Drawings, Specifications and other documentation and
supporting data, and providing other services in connection with Change Orders and
Construction Change Directives
3 3 4 Providing consultation concerning replacement of Work damaged by
fire or other cause during construction, and furmshing services required in connection
with the replacement of such Work
3 3 5 Providing services made necessary by the default of the Contractor, by
major defects or deficiencies in the Work of the Contractor
3 3 6 Providing services in evaluating an extensive number of claims
submitted by the Contractor or others in connection with the Work
3 3 7 Providing services in connection with a public hearing, arbitration
proceeding or legal proceeding except where the Architect is party thereto
33 8 Preparing documents for alternate, separate or sequential bids or
providing services in connection with bidding, or construction prior to the completion of
the Construction Documents Phase
PAGE 8
34 OPTIONAL ADDITIONAL SERVICES
t 3 4 1 Providing financial feasibility or other special studies
342 Providing plamung surveys, site evaluations or comparative studies of
prospective sites
3 4 3 Providing special surveys, environmental studies and submissions
required for approvals of governmental authorities or others having jurisdiction over the
Project
344 Providing services relative to future facilities, systems and equipment
3 4 5 Providing services to investigate existing conditions or facilities or to
make measured drawings thereof
3 4 6 Providing services to verify the accuracy of drawings or other
information furnished by the Owner
3 4 7 Providing coordination of construction performed by separate
contractors or by the Owner's own forces and coordination of services required in
connection with construction performed and equipment supplied by the Owner
3 4 8 Providing services in connection with the work of a construction
manager or separate consultants retained by the Owner
3 4 9 Providing detailed quantity surveys or inventories of material,
equipment and labor
3410 Providing analyses of owning and operating costs
3411 Providing interior design and other similar services required for or in
connection with the selection, procurement or installation of furniture, furnishings and
related equipment
3412 Making investigations, inventories of materials or equipment, or
valuations and detailed appraisals of existing facilities
34 13 Providing assistance in the utilization of equipment or systems such as
testing, adjusting and balancing, preparation of operation and maintenance manuals,
training personnel for operation and maintenance and consultation during operation
3414 Providing services other than as provided in Section 2 6 14 of Article 2
and No 4 of Article 11, after issuance to the Owner of the final Certificate for Payment,
or in the absence of a final Certificate for Payment, more than sixty (60) days after the
date of Substantial Completion of the Work
PAGE
3415 Providing services of consultants for other than architectural, structural,
mechanical and electrical engineering portions of the Project provided as a part of Basic
Services
34 16 Providing any other services not otherwise included in this Agreement
or not customarily furnished in accordance with generally accepted architectural practice
34 17 Preparing a set of reproducible record drawings showing significant
changes in the Work made during construction based on marked -up prints, drawings and
other data furnished by the Contractor to the Architect (This is for drawings prepared in
addition to those called for in Section 2 6 19 )
ARTICLE 4
OWNER'S RESPONSIBILITIES
41 The Owner shall consult with the Architect regarding requirements for
the Project, including (1) the Owner's objectives, (2) schedule and design constraints and
criteria, including space requirements and relationships, flexibility, expandability, special
equipment, systems and site requirements, as more specifically described in Paragraph
221
42 The Owner shall establish and update an overall budget for the Project,
including the Construction Cost, the Owner's other costs and reasonable contingencies
related to all of these costs
43 If requested by the Architect, the Owner shall furnish evidence that
financial arrangements have been made to fulfill the Owner's obligations under this
Agreement
44 The Owner shall designate a representative authorized to act on the
Owner's behalf with respect to the Project The Owner or such authorized representative
shall render decisions in a timely manner pertaining to documents submitted by the
Architect in order to avoid unreasonable delay in the orderly and sequential progress of
the Architect's services
45 The Owner shall furnish surveys describing physical characteristics,
legal limitations and utility locations for the site of the Project, and a written legal
description of the site The surveys and legal information shall include, as applicable,
grades and Imes of streets, alleys, pavements and adjoining property and structures,
adjacent drainage, rights -of -way, restrictions, easements, encroachments, zoning, deed
restrictions, boundaries and contours of the site, locations, dimensions and necessary data
pertaining to existing buildings, other improvements and trees, and information
concerning available utility services and Imes, both public and private, above and below
grade, including inverts and depths All the information on the survey shall be referenced
to a project benchmark (this benchmark and the height of initial slab shall be approved by
the Owner and City of Denton Engineering Department prior to bidding)
PAGE 10
46 The Owner shall furnish the services of geotechnical engineers when
such services are requested by the Architect Such services may include but are not
limited to test borings, test pits, determinations of soil bearmg values, percolation tests,
evaluations of hazardous materials, ground corrosion and resistivity tests, including
necessary operations for anticipating sub -soil conditions, with reports and appropriate
professional recommendations
4 6 1 The Owner shall furnish the services of other consultants when such
services are reasonably required by the scope of the Project and are requested by the
Architect and are not retained by the Architect as part of his Basic Services
47 The Owner shall furnish structural, mechanical, chemical, air and water
pollution tests, tests of hazardous materials, and other laboratory and environmental tests,
inspections and reports required by law or the Contract Documents
48 The Owner shall furnish all legal, accounting and insurance counseling
services as may be necessary at any time for the Project, including auditing services the
Owner may require to verify the Contractor's Applications for Payment or to ascertain
how or for what purposes the Contractor has used the money paid by or on behalf of the
Owner
49 The services, information, surveys and reports required by Paragraphs
4 5 through 4 8 shall be furnished at the Owner's expense, and the Architect shall be
entitled to rely upon the accuracy and completeness thereof in the absence of any
negligence on the part of the Architect Nothing in this contract shall relieve the Architect
from the responsibility for services performed which were inadequate because they were
based on information furnished by the City that an Architect exercising reasonable care
and skull would have determined was inaccurate
410 Prompt written notice shall be given by the Owner to the Architect if the
Owner becomes aware of any fault or defect in the Project or nonconformance with the
Contract Documents
411 The proposed language of certificates or certifications requested of the
Architect or Architect's consultants shall be submitted to the Architect for review and
approval at least fourteen (14) days prior to execution The Owner shall not request
certifications that would require knowledge or services beyond the scope of this
Agreement
ARTICLE 5
CONSTRUCTION COST
51 DEFINITION
5 1 1 The Construction Cost shall be the total cost or estimated cost to the
Owner of all elements of the Project designed or specified by the Architect
PAGE 11
5 12 The Construction Cost shall include the cost at current market rates of
labor and materials furnished by the Owner and equipment designed, specified, selected or
specially provided for by the Architect, plus a reasonable allowance for the Contractor's
overhead and profit In addition, a reasonable allowance for contingencies shall be
included for market conditions at the time of bidding and for changes in the Work during
construction
5 13 Construction Cost does not include the compensation of the Architect
and Architect's consultants, the costs of the land, rights -of -way, financing or other costs
which are the responsibility of the Owner as provided in Article 4
52 RESPONSIBILITY FOR CONSTRUCTION
52 1 Evaluations of the Owner's Project budget, preliminary estimates of
Construction Cost and detailed estimates of Construction Cost, if any, prepared by the
Architect, represent the Architect's best judgment as a design professional familiar with
the construction industry It is recognized, however, that neither the Architect nor the
Owner has control over the cost of labor, materials or equipment, over the Contractor's
methods of determining bid prices, or over competitive bidding or market conditions
Accordingly, the Architect cannot and does not warrant or represent that bids will not vary
from the Owner's Project budget or from any estimate of Construction Cost or evaluation
prepared or agreed to by the Architect
522 No fixed Imut of Construction Cost shall be established as a condition of
this Agreement by the furnishing, proposal or establishment of a Project budget, unless
such fixed limits has been agreed upon in writing and signed by the parties thereto If
such a fixed Imut has been established, the Architect shall be permitted to include
contingencies for design, bidding and price escalation, to determine what materials,
equipment, component systems and types of construction are to be included in the
Contract Documents, to make reasonable adjustments in the scope of the Project and to
include in the Contract Documents alternate bids to adjust the Construction Cost to the
fixed Imut Fixed Imuts, if any, shall be increased in the amount of an increase in the
Contract Sum occurring after execution of the Contract for Construction
5.23 If the Bidding Phase has not commenced within ninety (90) days after
the Architect submits the Construction Documents to the Owner, any Project budget or
fixed lunit of Construction Cost shall be adjusted to reflect changes in the general level of
prices in the construction industry between the date of submission of the Construction
Documents to the Owner and the date on which proposals are sought
524 If a fixed limit of Construction Cost (adjusted as provided in
Subparagraph 5 2 3) is exceeded by the lowest bona fide bid, the Owner shall
1 give written approval of an increase in such fixed limit,
PAGE 12
t
2 authorize rebidding or renegotiating of the Project within a
reasonable time,
3 if the Project is abandoned, terminate in accordance with
Paragraph 7 3, or
4 cooperate in revising the Project scope and quality as required to
reduce the Construction Cost
5 2 5 If the Owner chooses to proceed under Clause 5 2 4 4 the Architect,
without additional charge, shall modify the Contract Documents as necessary to comply
with the fixed limit, at the Architect's sole cost and expense in accordance with Clause
2 5 2 The modification of Contract Documents shall be the lmut of the Architect's
responsibility arising out of the establishment of a fixed limit The Architect shall be
entitled to compensation in accordance with this Agreement for all services performed
whether or not the Construction Phase is commenced
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
61 The Drawings, Specifications and other documents prepared by the
Architect for this Project are instruments of the Architect's service for use solely with
respect to this Project and, unless otherwise provided, the Architect shall be deemed the
author of these documents and shall retain all common law, statutory and other reserved
rights, including the copyright The Owner shall be permitted to retain copies, including
reproducible copies, of the Architect's Drawmgs, Specifications and other documents for
information and reference in connection with the Owner's use and occupancy of the
Project The Architect's Drawings, Specifications or other documents shall not be used
by the Owner or others on other projects or for completion of this Project by others,
unless the Project, or any phase thereof, of the Project is complete, Architect is in default
of this Agreement, or this Agreement is terminated, at which time such documents
become property of the City of Denton which allows Owner freedom to use such
documents
62 Submission or distribution of documents to meet official regulatory
requirements or for sundar purposes in connection with the Project is not to be construed
as publication in derogation of the Architect's reserved rights
PAGE 13
TERMINATION, SUSPENSION OR ABANDONMENT
71 This Agreement may be terminated by either party upon not less than
seven (7) days' written notice should the other party fail substantially to perform in
accordance with the terms of this Agreement through no fault of the parry initiating the
termination
715 The City of Denton may terminate This Agreement after the completion
of each basic service phase, as set forth in Article 10 12 hereof, upon written notice to
the Architect
72 If the Project is suspended by the Owner for more than thirty
(30) consecutive days, the Architect shall be compensated for services performed prior to
notice of such suspension When the Project is resumed, the Architect's compensation
shall be equitably adjusted to provide for expenses incurred in the interruption and
resumption of the Architect's services
73 This Agreement may be terminated by the Owner upon not less than
seven (7) days' written notice to the Architect in the event that the Project is permanently
abandoned If the Project is abandoned by the Owner for more than ninety (90)
consecutive days, the Architect or the Owner may terminate this Agreement by giving
written notice
74 Failure of the Owner to make payments to the Architect in accordance
with this Agreement shall be considered substantial nonperformance and cause for
termination
75 If the Owner fails to make payment to Architect within thirty (30) days
of receipt of a statement for services properly performed, the Architect may, upon seven
(7) days' written notice to the Owner, suspend performance of services under this
Agreement Unless payment in full is received by the Architect within seven (7) days of
the date of the notice, the suspension shall take effect without further notice In the event
of a suspension of services, the Architect shall have no liability to the Owner for delay or
damage caused the Owner because of such suspension of services
76 In the event of termination not the fault of the Architect, the Architect
shall be compensated for services properly performed prior to termination
PAGE 14
ARTICLE 8
MISCELLANEOUS PROVISIONS
8 1 This Agreement shall be governed by the laws of the State of Texas
82 Terms in this Agreement shall have the same meaning as those in AIA
Document A201, General Conditions of the Contract for Construction, current as of the
date of this Agreement
83 The Owner and Architect, respectively, bind themselves, their partners,
successors, assigns and legal representatives to the other party to this Agreement and to
the partners, successors, assigns and legal representatives of such other party with respect
to all covenants of this Agreement Neither Owner nor Architect shall assign this
Agreement without the written consent of the other
84 This Agreement represents the entire and integrated agreement between
the Owner and Architect and supersedes all prior negotiations, representations or
agreements, either written or oral This Agreement may be amended only by written
instrument signed by both Owner and Architect
85 Nothing contained in this Agreement shall create a contractual
relationship with or a cause of action in favor of a third party against either the Owner or
Architect
86 Unless otherwise provided in this Agreement, the Architect and
Architect's consultants shall have no responsibility for the discovery, presence, handling,
removal or disposal of or exposure of persons to hazardous materials in any form at the
Project site, including but not limited to asbestos, asbestos products, polychlormated
biphenyl (PCB) or other toxic substances, provided, however, Architect shall have the
responsibility to and shall report to the Owner the location of any hazardous material that
an Architect of similar slall and expertise should have noticed
87 Upon receipt of prior written approval of Owner, the Architect shall
have the right to include representations of the design of the Project, including
photographs of the exterior and interior, among the Architect's promotional and
professional materials The Architect's materials shall not include the Owner's
confidential or proprietary information if the Owner has previously advised the Architect
in writing of the specific information considered by the Owner to be confidential or
proprietary The Owner shall provide professional credit for the Architect on the
construction sign and in the promotional materials for the Project
PAGE 15
88 Architect shall have knowledge in, experience in, and willing to
participate/conduct in partnering construction Partnering construction is defined as "a
long-term commitment between two or more organizations for the purpose of achieving
specific business objectives by maximizing the effectiveness of each participant's
resources The relationship is based on trust, dedication to common goals, and an
understanding of each other's individual expectations, values, roles and responsibilities "
89 The Owner shall have the tight to review and approve personnel
assigned to specific roles in the performance of this project Architect agrees that this is a
personal services contract and that the key persons who shall be performing most of the
work shall be Lyle Burgin and Lou Wolf But, with Owner's permission, Architect may
use other qualified and competent members of their firm to perform the work
PAYMENTS TO THE ARCHITECT
91 DIRECT PERSONNEL EXPENSE
91 1 Direct Personnel Expense is defined as the direct salaries of the
Architect's personnel engaged on the Project and the portion of the cost of their mandatory
and customary contributions and benefits related thereto, such as employment taxes and
other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and
similar contributions and benefits
92 REIMBURSABLE EXPENSES - NEED TO BE PRE -APPROVED
9 2 1 Reimbursable Expenses are in addition to compensation for Basic and
Additional Services and include expenses incurred by the Architect and Architect's
employees and consultants in the interest of the Project, as identified in the following
Clauses
92 11 Expense of transportation in connection with the Project, expenses in
connection with authorized out-of-town travel, long-distance communications, and fees
paid for securing approval of authorities having jurisdiction over the Project
92 12 Expense of reproductions, postage and handling of Drawings,
Specifications and other documents
92 13 If authorized in advance by the Owner, expense of overtime work
requiring higher than regular rates
9 2 1 4 Expense of renderings, models and mock-ups requested by the Owner
PAGE 16
9 2 1 5 Expense of additional insurance coverage or limits, including
professional liability insurance, requested by the Owner in excess of that normally carved
by the Arcltect and Architect's consultants
93 PAYMENTS ON ACCOUNT OF BASIC SERVICES
93 1 Subsequent payments for Basic Services shall be made monthly and,
where applicable, shall be in proportion to services performed within each phase of
service, on the basis set forth in Subparagraph 10 2 2
9 3 2 If and to the extent that the tune initially established in Subparagraph
10 4 1 of this Agreement is exceeded or extended through no fault of the Architect,
compensation for any services rendered during the additional period of time shall be
computed in the manner set forth in Subparagraph 10 2 3
93 3 When compensation is based on a percentage of Construction Cost and
any portions of the Project are deleted or otherwise not constructed, compensation for
those portions of the Project shall be payable to the extent services are performed on those
portions, in accordance with the schedule set forth in Subparagraph 10 2 2 based on (1)
the lowest bona fide bid or (2) if no such bid or proposal is received, the most recent
preliminary estimate of Construction Cost or detailed estimate of Construction Cost for
such portions of the Project
94 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
9 4 1 Payments on account of the Architect's Additional Services and for
Reunbursable Expenses shall be made monthly upon presentation of the Architect's
statement of services rendered or expenses incurred
95 PAYMENTS WITHHELD
95 1 No deductions shall be made from the Architect's compensation on
account of penalty, liquidated damages or other sums withheld from payments to
contractors, or on account of the cost of changes in the Work other than those for which
the Architect is responsible
96 ARCHITECT'S ACCOUNTING RECORDS
9 6 1 Records of Reimbursable Expenses and expenses pertaining to
Additional Services and services performed on the basis of a multiple of Direct Personnel
Expense shall be available to the Owner or the Owner's authorized representative for
inspection and copying during regular business hours for three (3) years after the date of
the final Certificate of Payment
PAGE 17
t
ARTICLE 10
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows
101 BASIC COMPENSATION
10 1 1 FOR BASIC SERVICES, as described in Article 2, and any other
services included in Article 11 as part of Basic Services, Basic Compensation shall be the
total amount of $75,000 00 with 5% retamage held by the City
1012 Progress payments for Basic Services in each phase shall total the
following percentages of the total Basic Compensation payable
• North Lakes and Dema Recreation Centers Expansion
• Design and Development
20% $
• Construction Documents
45 % $
• Bidding
5% $
• Construction
30 % $
Total cost without reunbursables $ 75,000 00
10 2COMPENSATION FOR ADDITIONAL SERVICES
(Not to exceed $7,500 00)
10 2 1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES,
as described in Paragraph 2 2, compensation shall be computed as follows
On an hourly rate basis, based on Article 10 2 2
10 2 2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described
in Articles 3 and 11, other than (1) Additional Project Representation, as described in
Paragraph 3 2, and (2) services included in Article 11 as part of Additional Services, but
excluding services of consultants, compensation shall be computed as follows
Principals $125 00 per hour
Sr Project Manager $95 00 average hourly rate
FM:R11 1'i3Y-ly
10 2 3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including
additional structural, mechanical and electrical engineering services and those provided
under Subparagraph 3 4 16 or identified in Article 11 as part of Additional Services, a
multiple of 1 1 tunes the amounts billed to the Architect for such services
PAGE 18
e
103 REIMBURSABLE EXPENSES
(Not to exceed $7,500 00)
10 3 1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 9 2, and
any other items included in Article 11 as Reimbursable Expenses, a multiple of 1 1 times
the expenses incurred by the Architect, the Architect's employees and consultants in the
interest of the Project
104 ADDITIONAL PROVISIONS
10 4 1 IF THE BASIC SERVICES covered by this agreement have not been
completed within fourteen (14) months of the date hereof, through no fault of the
Architect, extension of the Architect's services beyond that time shall be compensated as
provided in Subparagraphs 9 3 3 and 10 2 2
10 4 2 Architect may bill the City for hours expended every month, beginning thirty
(30) days after the Architect begins the work and the City shall endeavor to pay the
Architect within thirty (30) days of receiving an invoice However, the City shall not be
obligated to pay more than 95% of the total contract price to Architect through monthly
invoices, until Architect has completed all services required by this Agreement
10 4 3 Payments are due and payable thirty (30) days from the date of the
Architect's invoice Amounts unpaid thirty (30) days after the invoice date shall bear
interest at the rate of one percent (1%) per month Provided, however, Owner shall not
be responsible for paying for any services which have not been satisfactorily performed in
accordance with the terms and conditions of this contract and shall not be liable for any
interest on such services
OTHER CONDITIONS OR SERVICES
1 Insurance and Indemnification Architect shall maintain, at no expense to
Owner, insurance coverage placed with companies rated at least B+/X by
Best's Key Rating Guide, including a professional liability policy in an
amount not less than one million dollars ($1,000,000), including contractual
liability coverage All applicable insurance policies shall name the Owner as
additional insured and shall require the giving of written nonce to Owner at
least thirty (30) days prior to cancellation, non -renewal or material
modification of any policies, evidenced by return receipt of United States
Certified Mail Architect shall furnish Owner copies of said policies or
certificates of insurance
PAGE 19
Architect agrees to indemnify, hold harmless, and defend the City, its
officers, agents, and employees from and against any and all clauns or suits
for mJuries, damages, loss, or liability of whatever kind or character, arising
out of or in connection with the performance by the Architect of those
services contemplated by this Agreement, based upon allegations of
negligent acts or omissions of Architect, its officers, employees and
subcontractors
2 Architects' work plan is attached hereto as Exhibit A
Thus agreement entered into as of the day and year first written above
CITY OF DENTON, TEXAS CORGAN ASSOCIATES
ARCHITECTS
ARCHITECT
BY : � B
TED BENAVIDES, CITY MANAGER
ATTEST
1
JE6NIMRTALTERS, CITY E RETARY
APPROVED AS TO LEGAL FORM
HERBERT PROUTY, CITY ATTORNEY
COR AN'CONTRA�FSP 2174
PAGE 20
WORK PLAN
EXHIBIT A
11 March 1998
Ms Janet Simpson
Superintendent of Leisure
City of Denton
321 East McKinney
Denton, TX 76201
Re Denton Denia & Northlake Recreation Center Additions
Architectural Proposal
Dear Janet
We are extremely pleased to provide this proposal for our professional services
contract for the Expansions to Dema and North Lake Recreation Centers Our
services are based on the program information provided in the Request for Sealed
Proposals issued to our office, which includes a 5,000 s f addition to each facility
with a current project budget of $1,000,000
We propose a fixed fee of $75,000, plus a not -to -exceed reimbursibles fee of $7,500
(project costs for printing costs, mileage, etc at 1 1 x our actual cost) As
discussed yesterday, the schedule is tentative schedule for the project is listed
below
City Council award Design Contract Service
April 7
Commencement of Design
April 8
Completion of Construction Documents
June 25
Drawings issued for Bid
June 25
Advertise for Construction Bid
June 25 & July 2
Prebid Conference
July 7
Bid Construction Documents
July 16
City Council award Construction Contract
August 4
Issue Notice -to -Proceed
August 5
Construction Starts
August 12
TanJanet, we appreciate the opportunity to submit this proposal and look forward to
working with you on this project Please do not hesitate to
call should you have
any questions or need to discuss this proposal further
(ORGAN ASSOCIATES INC
501 ELM STREET
DALLAS TEXAS 75202 Very truly yours,
TEL 214 718 2000
PAX 214 651 8281 Corgan Associates, Inc.
DALLAS
FORT WORTH Louis Ylolf'
Associate
NEW YORK
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