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HomeMy WebLinkAbout2006-097S:\Our Documents\Ordinances\06\Booziotis South Branch Ordinaneeduc ORDINANCE NO. 2006-,/J' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER WITH BOOZIOTIS AND COMPANY ARCHITECTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFSP 3407-DESIGN OF THE SOUTH BRANCH LIBRARY EXPANSION AND REDESIGN OF THE EXISTING PARKING LOT). WHEREAS, the City Council deems it necessary, appropriate, and in the public interest to engage Booziotis and Company Architects for the redesign of the parking lot and design of the expansion of the South Branch Library; and WHEREAS, City staff has reported to the City Council that there is a substantial need for the hereinabove described professional services, and that limited City staff cannot adequately perform these renovations with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act," generally provides that a city may not select a provider of professional services on the basis of competitive bids, but must select the provider of professional services on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and the City Council hereby finds and concludes that Booziotis and Company Architects is appropriately qualified under the provisions of the law to perform this service for the City; and WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be used for the procurement of the foregoing professional services, as set forth in the Professional Services Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1: The recitations in the preamble are true and correct, and are incorporated herewith as part of this ordinance. SECTION 2: The award of this Agreement is on the basis of the demonstrated competence and qualifications of Booziotis and Company Architects to perform the architectural services needed by the City for a fair and reasonable price. SECTION 3: The City Manager, or his designee, is hereby authorized to execute a Professional Services Agreement for Architectural Services for the design of the expansion of the South Branch Library in substantially the form of the attached Agreement which is made a part of this Ordinance for all purposes and to expend the funds as authorized in the Agreement and to exercise all rights and duties of the City of Denton under the Agreement. 1 S:\Our Documents\Ordinances\06\Booziotis South Branch Ordinance.doc SECTION 4: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 6W day of a"Z 2006. L °® � EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY y%JINMU APPRO ED AS O LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: L PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER THIS AGREEMENT is made and entered into as of the day of _ , 20_00_, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office a 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and Booziotis and Company Architects, with its corporate office at 2400A Empire Central, Dallas, TX 75235, hereinafter called "Design Professional," acting herein, by and through their duly authorized representatives. In consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: SECTION 1 EMPLOYMENT OF DESIGN PROFESSIONAL The Owner hereby contracts with the Design Professional, a licensed Texas architect or engineer, as an independent contractor. The Design Professional hereby agrees to perform the services as described herein and in the Proposal, the General Conditions, and other attachments to this Agreement that are referenced in Section 3, in connection with the Project. The Project shall include, without limitation, (describe the Project in the space below arc in an attachment) 1.1 RFSP 3407 — Design of the South Branch Library expansion and redesign of the existing parking lot. Library Proposal for City of Denton South Branch Architectural Services — Revised January 30, 2006 and February 7, 2006, which is attached to and made a part of this Agreement for all purposes, subject to the following revisions to Exhibit A: A. The Adjustments to the Design Professionals Fees shown under "Adjustments to Scope and Budget" on page 6 of Exhibit A, will be in effect only if the Owner obtains additional funds which cause the budget to exceed the $1,285,000 Construction Cost Limitation ("CCL"). If for any other reason the CCL is exceeded then under General Conditions Section 2.5.2 the Design Professional will redesign the Project — at its sole cost and expense — to bring the Project within the $1,285,000 CCL. If the bid for the Project accepted by the Owner meets or is less than the $1,285,000 CCL the Design Professional has no obligations under General Conditions Section 2.5.2 to modify, redesign or rebid the documents or the Project, unless otherwise agreed, in accordance with the Design Professional's Contract Clarification in paragraph 2 on page 7 of Exhibit A. B. The Design Professional agrees that the Owner will meet and fully satisfy the requirements to supply "Information Provided by the City of Denton" relating to site conditions and other information, as shown on pages 2 and 3 of Exhibit A. by providing information to the Design Professional that is currently available to it in its files so that this does not create any obligation on the Owner to create new hformation. The sole exception to this is that if the Owner does not provide an existing Soils Report that is acceptable to the Design Professional, with the Design Professional not unreasonably withholding its approval of same, the Owner shall provide a Soils Report at its sole cost and expense. C. Paragraph I "Contract Clarifications" on the bottom of page 6 of Exhibit A shall clarify and modify section 2.6.19 of the General Conditions, provided that Design Professional shall provide the number of hard copies of all construction documents required to successfully take the Project through the Development Review Committee, inspection process and other development review requirements and that the electronic copy or copies must be in Autocad (Computer Automated Design) format. D. The Design Professional's paragraph 3 of Contract Clarifications on page 7 of Exhibit A, is changed to require that the Design Professional and its consultants will convey design and design details developed for the Project to the Owner in accordance with Section 6.1 of the General Conditions, but the Design Professional will not have to convey ownership of standard or typical details used in similar projects or those obtained by license from outside sources. E. The Design Professional's paragraph 4 of its Contract Clarifications on page 7 of Exhibit A is limited and modified by the $1,200 not to exceed amount for these ADA/TAS consulting services under Reimbursables on page 6 of Exhibit A. If the Owner requests the Design Professional to provide these services, it will complete and submit all paperwork required by the State of Texas for the ADA/TAS review. F. The Design Professionals paragraph 5 of its Contract Clarifications on page 7 of Exhibit A shall not relieve the Design Professional of its responsibility for incorrectly including in the Contract documents the data and communication requirements provided by the Owner or its consultants. The Design Professional shall remain fully responsible for erroneously or mistakenly including something other than what the Owner or its consultants have provided them concerning data and communications requirements. If the Design Professional feels the data and communications requirements provided by the Owner are incomplete or inappropriate for the Project it shall notify Owner of its concerns. Provided, however, the Design Professional shall not be responsible for errors or inaccuracies in data and communications requirements that are provided by the Owner or its consultants that it correctly includes in the Contract documents and it does not warrant the completeness or appropriateness of these requirements or specifications for their intended purpose. SECTION 2 COMPENSATION The Owner shall compensate the Design Professional as follows: 2.1 BASIC SERVICES 2.1.1 For Basic Services the total compensation shall be $109,225 as indicated in Exhibit A. 2.1.2 Progress payments for Basic Services shall be paid in the following percentages for of the total compensation for the Basic Services satisfactorily completed at the end of the following phases of the Project: Page 2 Schematic Design Phase 15% Design and Development Phase 20% Construction Documents Phase 40% Bidding Phase 5% Construction Phase 20% 2.2 ADDITIONAL SERVICES 2.2.1 Compensation for Additional Services is as follows: Compensation for principals, associates, technical and clerical staff of Architect shall be at the hourly billing rates which are shown on Exhibit B — "City of Denton South Branch Library Booziotis & Company Architects Additional Services Hourly Billing Rate Table." Which is attached to and made a part of this Agreement for all purposes. 2.2.2 Compensation for Additional Services of consultants, as requested by the Owner, as more fully set forth in Exhibit A shall not exceed $6,000. Provided, however, that if the Design Professional has to attend additional meetings requested by the Owner in addition to those identified in Exhibit A, the Design Professional shall bill the Owner at the rate of $500 per meeting regardless of the length or location of the meeting. 2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1.10 times the expenses incurred by the Design Professional, the Design Professional's employees and consultants in the interest of the Project as defined in the General Conditions and as indicated on page 6 of Exhibit A, but shall not exceed a total of $11,700 without the prior written approval of the Owner. 2.4 TOTAL DESIGN PROFESSIONAL SERVICES The total compensation to be paid the Design Professional for all services hereunder, including without limitation all basic services, optional additional services, and reimbursable expenses shall not exceed $126,925.00. SECTION 3 ENTIRE AGREEMENT This Agreement includes this executed agreement and the following documents all of which are attached hereto and made a part hereof by reference as if fully set forth herein: 1. City of Denton General Conditions to Agreement for Architectural or Engineering Services. 2. The Design Professional's Proposal — Exhibit A 3. Hourly Billing Rate Table — Exhibit B This Agreement is signed by the parties hereto effective as of the date first above written. Page 3 CITY OF DENTON ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ' ALL-o APPRO D AS O LEGAL FORM: EDWIN M. SNYDER. CITY ATTORNEY BY: HOWARD MARTIN INTERIM CITY MANAGER DEI M WITNESS: BY 6*10" KATHRYN f. BUTLERtary PulNie, State of TamaE0UeaMY ComIto�JOnucry 15, 2009 Page 4 CITY OF DENTON GENERAL CONDrrIONS 'IO AGREEMENT FOR ARCIIITECI'URAL OR ENGINEERING SERVICES ARTICLE L :kRCIIII'ECI'OR ENGINEER'S RESPONSIBILITIES 1.1 The Architect or Engineers services consist ofthose services for the Project (as defined in the agreement (the "Agreement") and proposal (the "Proposal")to which these General Conditions are attached) performed by the Architect or Engineer (hereinafter called the "Design Professional") or Design Professional's employees and consultants as enumerated in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (die "Services"). 1.2 'Ihe Design Professional will perform all Services as an independent contractor to the prevailing professional standards consistent with the level ofeare and skill ordinarily exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, intormedjudgments and prompt timely actions (the "Degree of Care"). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project. Upon request of the Owner, the Design Professional shall submit for the Owners approval a chedule for the performance of the Services which maybe adjusted as die Project proceeds, and shall include allovances for periods of time required for the Owners review and hit approval of submissions by authmnies havingjurisdiction overthe Project 'time limits estaf fished by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties. ARTICLE 2 SCOPE OF BASIC SERVICES 2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those described in Sections 22 through 2,6 of these General Conditions and include without I imlation normal structural, civil, mechanical and electrical engineering s'en ices and any other engineering services necessary to produce acomplde and accurate setof Construction Doocuments, as; described by and required in Section 2.4_ The Basic Services may be modified by the Agreement. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owners needs and to establish the requirements forthe Project. 2.2.2 'Ibe Design I'ml'essional shall provide a preliminary evaluation of the Owners program, construction schedule and construction budget requirements, each in terms of the other, subject to the Iimit Lions set forth in Subsection 52.I. 2.2.3 The Design Professional 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 Design Professional shall prepare, for approval by die Owner, Schematic Design Documents consisting ofdrawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with all applicable Imes, statutes, ordinances, codes mid regulations. 2.2.5 The Design Professional shal l submit to the Owner a pre im nary detailed estimate ofConstmction Cost based on currerntarea, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and estadishes an elapsed that e factor for the period of time from the commencement to the completion ofconstuclion. 2.3 DESIGN' DEl'EI.OI'VIENF PI IASE 2.3.1 Based on the approved Schematic Design Documents and any adjusnnenls authorized by the Owner in the program, schatule or construction budget, die Design Professional 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 maybe appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owners approval of the documents, Design Professional represents that the Documents and specifications will be sul7cient and adequate to fulfill the purposes of die Project. 2.3.2 '['lie Design Professional shall advise the Owner of any adjustments to die preliminary estimate of Construction Cost in a further Detailed Statement as described in Section 2.2.5- 2.4 CONS'rRUCI'ION DOCUAIEn rS 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 concoction budget authorized by theOwner, the Design Professional shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the concoction of the Project, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. 2.4.2 The Design Professional shall assist the Comer in die preparation of the necessary bidding or procurement information, bidding or procurement loans, the Conditions of die contact, and the Porn of Agreement b:nvicen the Ownerand contractor. 2.4.3 The Design Professional shall advise the Ownerorany adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Design Professional shall assist the Owner in connection with the Owners responsibility for filing documents required for the approval of governmental authorities havingjurisdiction over the Project Page 5 2.5 CONS'I'IZUCFION CO'%TRACr PROCURENIF.YP 2.5.1 The Design Profess and, following the (Tuners approval of the Construction Documents and ofthe latest preliminary detailed estimate of Construction Cost, shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without limitation the competitive sealed bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in the sole discretion of the Owner, 2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of ['reliable Construction Costs ofthe Project submitted by the Design Professional, then the Design Professional, at its sole cost and expense, will revise the Constniction Documents as may be required by the Owner to reduce or modify the quantity or quality at' 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 2.6 CON'STRUCI'ION PI IASE - ADMINI.SFRATION OF TI IF CONSTRIICI ION CONFRAC! 2.6.1 'fhe Design PTOossionafs responsibility to provide Basic Services for the Constmcuon Phase under this Agreement commences with the award of the Contract for Construction and Leminates at the issmnce to the Owner ofthe final Certificate for Payment, unless ae reached under die terms of Subsection 8.3.2. 2.6.2 'fhe Design Professional shall provide detailed administration ofthe Contract for Construction as set forth below_ For design protessionulss the administration shall also be in accordance with ALA document A201, General Conditions of the Contract for Constuction, cunert as ofthe date of the Agreement as may be amended by the City of Dmum special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also be in accordance with die Standard Specifications for Public Works Concoction by the North Central Texas Council of Govemmenls, current as of the dale of the Agreement, unless otienvise provided in the Agreement. 2.6.3 Construction Phase duties, responsibilities and limitationsofauthontyofthe Design Professional shall not be restricted, modifiedorextended without written agreement of the Owner and Design Professional. 2.6.4 'fhe Design Professional shun be a representative ofand shall advise and consult with the Owner (1) during construction, and (2) at the Owners direction from time to lime during the correction, or warranty, period described in the Contract for Construction The Design Professional shall have authority to act on behalf of the Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument 2.6.5 The Design Professional shall observe the concoction site at least one time a week, while construction is in progress, and as reasonably necessary while construction is not in progress, to become familiar with the progress and quality ofthe work completed and to determine if die work is being performed in a manner indicating that the work when completed will be in accordance with the Contract Documents. Design Protbssional shall provide Owner written report subsequent to each on -site visit. On the basis of on -site observations the Design Professional shall key the Owner informed of the progress and quality ofthe work, and shall exercise the Degree of Care and diligence in discovering and promptly reposing to the Owner any observable defects or deficiencies in the work of Contractor or my subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under die Agreement The Design Professional shall promptly correct any defective designs or specifications trundled by the Design Professional at no cost to the Owner 'fhe Owners approval, acceptance, use afar payment for all or any pan of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Protessional's obl nations orlhe Owners rights hereunder 2.6.6 The Design Professional shall not huve 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 weak, The Design Professional shall not be responsible for the Contractors schedules or failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omissions. the Design Professional shall not have control overor charge aacts or omissions of the Contractor, Subcontractors, or their agents orcan ployees, or of other persons performing portions ofthe work. 2.6.7 The Design Professional shall of all times have access to the work wherever it is in preparation or progress. 2.6.8 Except as may olhcrvise be provided in the Contract Documents or when disci communications have been specially authorized, the Owner and Contractor shall communicate through the Design Professional_ Communications by and with the Design Professional's consultant shall be through the Design Professional_ 2.6.9 Based on the Design Professional's observations at the site ofthe work and evaluations of the Contractors Applications for Payment the Design Professional shall review and certify thearrammy due the Contractor_ 2.6.11) The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional's obser- vations at the site as provided in Subsection 2.65 and on the data comprising the Contractors Application for Payment, that the work has progressed to the point indicated and that the quality ofthe 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 Design Professional. The issuance of o Cenificate for Payment shall further constitute representation that the Contractor is entitled to payment in the amount certified. ITowever, the issuance ol'a Certificate for Payment shall not be a representation that the Design Professional has([) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. Page 6 2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents_ Whenever the Design Professional considers it necessaryor advisable for implementation oflhe intent of die Contract Documents, the Design Professional 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 Design Professional nor a decision made in good faith either to exercise or not cvercise such authority shall give rise to a duty or ro sponsi>ility of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons peliu ring portions ofthe work. 2.6.12 'fhc Design Professional shall review and approve or take other appropriate action upon Contractofs submittals Such as Shop Drawings, Product Data and Samples for the purpose of(1) determining 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 Design Professional shall act 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 Design Protessionalh professional judgment to permit adequate review. Review ofsuch submittals is not conducted for the purpose ofdeternining die 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 ofwhich remain the responsibility of the Contractor to the extent required by the Contract Documents_ The Design Professional's review shall not constitute approval ofsafety preca aiOns or, unless otherwise specifically stated by the Design Pmfissional, of construction means, methods, techniques, sequences or procedures_ The Design Professional's approval ofa specific item shall not indicate approval ofan essanbly ofwhich the item is a component. When professional cortif7cation of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet [he performance criteria required by the Contract Document. 2.6.13 fhe Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data it deemed necessary by die Design Professional as provided in Subsections 3.1.1 and 3.3.3, for [he Owners approval and csecuton in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in tie Contact Sun or an extension of the Cormact'I ime which are not inconsistent with the intent of the Contract Documents. 2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine the dales of Substantial Completion and Final Completion, and if requested by the owner shall issue Certificates of Substantial and Final Completion 'Me Design Professional will receive cad review written guarantees and related documents required by die Contract far Construction to be assembled by the Contactor and shall issuea final certificate for Payment upon compliancewith the requirements of the Contract Document. 2.6.15 the Design Professional shall interpretand provide ncommendatnns on matters concerning performance ofthe Osancrand Contractor under the requirement of the Contract Documents on written request of either the Owner or Contractor. The Design Professional's response to such requests shall be made with reasonable promptness and within any time limit agreed upon. 2.6.16 Interprenntons and decisions of the Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the fomh ofdmhtings_ When making such interpretations and initial decisions, the Design Processional shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for result or interpretations or decisions so rendered in good faith in accordance with all the provisions ofthis Agreement and in the absenceof negligence 2.6.17 the Design Professional shall render written decisions within a reasonable time on all claims, disputes or othermatters in question between the Owner and Contractor relating to the execution or progress of the work as provided in the Contact DocunctiB, 2.6.18 llhe Design Professional (1) shall render services under the Agreement in accordance with the Degrahol Care; (2) will reimburse the Oancr for all damages caused by the defective designs die Design Professional prepares; and (3) by acknowledging payment by the Owner ofany fees due, shall not be released from any right the Owner may have under the Agreement or diminish any of the Design Professional's obligations thereunder. 2.6.19 The Design Professional shall provide the Owner with four Set ofreproducible print showing all significant changes to the Construction Document during the Construction Phase. AMICLE3 ADDITIONALSF,HVICES 3.1 GENERAL 3.1.1 the services described in this Article 3 are not included! in Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the Owner as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3,4 shall ony be provided if authorized or confirmed in writing by the Owner. Ifservices described under Contingent Additional Services in Section 3.3 are required due m circumstances beyond the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written approval from the Owner to proceed_ If the Owner indicates in writing that all or pan of such Contingent Additional Services are not required, the Design Professional shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if they are not required due to the negligencee or fault of Design Professional Page 7 3.2 PROJECI'REPRESEiNTATION BEYOND BASIC SERVICES 3.2.1 Ifmore extensive representation at the site than is described in Subsection 2.65 is required, the Design Professional 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 Design Professional, and the Design Professional shall he compensated therefor as agreed by the Owner and Design Professional. 3.3 CONfIN'GEATADDITIONAL SERVICES 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: I. inconsistent with approvals or instructions previously given by the Owner, including rovnions made necessary by adjustments in the Owners program or Project buctet; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such docuncnts, or 3. due to changes required as a result ofthe Owners failureto render decision in a timely manner 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owners schedule, except for services required under Subsection 252. 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. 3.3.3 Providing consultation concerning replacement of work damaged 4. lire or other cause during construction, and famishing services required in connection with the replacement of such work. 3.3.5 Providing services made necessary by Owe default oflhe Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance, of either the Owner or Contractor under the Contract Ibr Construction. 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 o public heunng arbitration proceeding or legal proceeding except where the Design Professional is party thereto_ 3.3.5 Providing services in addition to those required by Article 2 for 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. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9 3.4 OI'1'IONALADDI'1'IONAI.SERVICP,S 3.4.1 Providing financial feasibility or other special studies. 3.4.2 Providing planning surveys, site evaluations orcompamtive 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. 3.4.4 Providing services relative to future facilities, syflems 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 Owncfs own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.5 Providing detailed quantity surveys or inventories of material, equipmentand labor 3.4.9 Providing analyses of operating and maintenance costs_ 3.4.10 Making investigations, invcmmnes ofmaterrials orequipment, or valuations and detailed appraisals of existing facilities_ 3.4.12 Providing assistance in Owe 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 operaion. Page 8 3.4.13 Providing interior design and similar services required for or in connection with the selection, procumment or installation of furniture, furnishings and related equipment. 3.4.14 Providing services other than as provided in Section 26,4, after issuance to the Owner of the final Certificate for Payment and ccpimtion of the Warranty period ofthe Contract for Construction. 3.4.15 Providing services of consultants for other than amnectuml, civil, structural, mechanical and electrical engineering portions ofthe Project provided as a part of Basic Services. 3.4.16 Providing any other services not otherwise included in this Agreement or not customarily famished in accordance with generally accepted architectural practice. 3.4.17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6,19, showing significant changes in the work made during construction based on markedup prints, drawings and other data furnished by the Contractor to the Design Professional. 3.4.18 Notwithstandinganythingeontained in tic Agreement, Proposal orthese General Conditions to thecomary, all servicesdescribed in this Article 3 that arecaused ornecessiiated in whole or in pan due to the negligent act oromission ofthe Design Professional shall be pertortned by the Design Professional as a pan ofthe Basic Services underlhc Agreement with no additional compensation above and beyond the compensation due the Design Professional forthe Basic Services. The inlmeningorconcurrent negligence ofthe Owner hall not limit the Design Professional's obligations under this Subsection 3,4. 18, AKI'ICLE.4 OWNER'S RESI'ONSIBILI HE.S 4.1 hhe Owner shall consult with the Design Professional regarding requirements for the Project, including (1) the Owners objectw es, (2) schedule and design constraints and cmcar including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as morespecifically described in Subsection 2.2.1. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owners other costs and reasonable contingencies related to all ofthese costs. 4.3 If requested by the Design Professional, the Owner shell fumish evidence that financial arrangements have been made to fulfill the (hvners obligations under this Agreement 4.4 The Owner shall designate a representative authorized to act on the Owners behalfwith respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress ofthe Design Professional's serwcu. 4.5 Where applicable, die Owner shall burnish surveys describing physical characteristics, legal limitations and utility locations for the site ofthe Project, and a written legal description ofthe site. 'Ihe surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures, adjacent drainage, rightsol=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; :tad information concerning available utility services and lines, loth public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 Where applicable, the Owner shall fumish the services ofgeotechnical engineers when such services are requested by the Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations ol'hazardous materials, ground corrosion :tad nsistivty tests, including necessary operations for anticipating sub -soil conditions, with reports and appropriate professional recommendations 4.6.1 The Owner shall fumish the services of other consultants when such services are reasonably required by die scope ofthe Project and are requested by the Design Professional and are not retained by the Design Professional as pan of its Basic Services or Additional Services 4.7 When not a part of the Additional Services, die 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. 4.8 The Owner shall fumish 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 Contractors Applications for Payment or to ascertain how or for what purposes die Contractorhas used the money paid by or on lx hulf of the Owner. 4.9 The services, information, surveys mid reports required by Owner under Sections 4.5 through 4.8 shall be famished at the Owners eyiense, and the Design Professional shall be entitled to rely upon the accuracy and completeness thereof in the absenceofany negligence on the part ofthe Design Professional 4.10 The Owner shall give prompt written notice to the Design Professional tribe Owner becomes aware o'any fault ordcfect in the Project or nonconformance with the Contract Documents. Page 9 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. TheOwner agrees not to request certifications that would require knowledge or sxvices beyond the scope of the Agreement AR"1'ICLE5 CONSFRUCI ION COS] 5.1 CONSTRIICI'ION COST DEFINED 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 speci lied by the Design Professional. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials banished by the Owner and equipment designed, specified, selected or specially provided for by the Design Professional, plus a reasonable allowance for the Contractors overhead and profit. In addition, a reasomble allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during construction 5.1.3 Concoction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rightsofway, financing or other costs which are the responsibility of the Owner s provided in Article 4. 5.2 RF.SPONSIBILITI'FORCO\'SFRUCTIONCOS'F 5.2.1 Evaluations of the Owners Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design Prot'essional represent the Design Professonal's best jaugment as a design professional tam it iar with the concoction industry. It is recognized, however, that neither the Design Professional nor the Owner has control over the cost at labor_ materials or equipment, over the Contractors methods of determining bid prices, or over competitive bidding or market conditions_ Accordingly, the Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary tram the Owners Project budget or from any estimate of Construction Cost or evaluation pepared or agreed to by the Design Professional_ 5.2.2 No tiled limit of Construction Cost shall be cstaHished as a condition of the Agreement by the famishing, proposal or establishment ore Project budget, unless such fixed limit has been agreed upon in writing and signed by die parties thereto. Ifsuch a fixed limit has been established, the Design Professional shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction arc to be included in the Contract Documents_ to make reasomble adjustments in the scope t the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in die amount of an increase in the Contract Sum occurring alter execution ofthe Contract for Construction 5.2.3 if die Procurement Phase hasnot commenced within 90 days alter the Design Professional submits the Concoction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general Icvcl of prices in the construction industry between the date of suhnission of Construction Devour cuts to the Owner and the date on which proposals are Sought ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the Design Professionars service and shall become the property ofthe Ownerupon termination or completion of the Agreement 'the Design Professional is entitled to retain copies of all such documents Such documents are intended only be applicable to this Project, and Owner's ass of such documents in other projects shall be at Owner's sole risk and expense In the event the Owner uses any of the information or materials developed pursua a to the Agreement in another project or for other purposes than are specified in the Agg cement, the Design Professional is released from any and all liability relating to their use in that project 6.2 Submission or distribution of documents to meet official regulatory requirements or Ibr similar purposes in connection with the Project is not to be construed as publication in derogation ofthe Design Professional's reserved rights ARTICLE 7'1ERSIIN WON, SUSPENSION OR ABANDONAIEN'I 7.1 'Rine Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terns of the Agreement Through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days prior written notice to the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such notice_ Before the end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement mid shall be promptly delivered to the Owvner in a reasonably organized fore. Should Owner subsequently contract with a new Design Professional for continuation of services on the Project, Design Professional shall cooperate in providing information. 7.2 Ifdie Project is suspended by the Owner for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to notice of such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide foreNpenses incurred in the interruption and resumption ofthc Design Professional's services. 7.3 The Agreementmay be terminated by the Ownerupon not less than seven days written notice to the Design Professional in thccventthatthe Pmjectis permanently abandoned- INhe Project is abandoned by die Owner for more than 90 consecutive days, the Design Professional or the Owner may terminate die Agreement by giving written notice. Page 10 7.4 Failure of the Cwner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial nonperformance and cause for termination. 7.5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design Professional may, upon seven days written notice to the Owner, suspend performance of services under the Agree+ ment. 7.6 In the event of termination not die fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to termination. ARFICLE8 PAYMENTS TOT HE DESIGN PROFESSIONAL 8.1 DIRECI'PERSONNEL EXPENSE 8.1.1 Direct Personnel Expense is defined as the direct sala iesofthe Design Professional's personnel engaged on the Project and the portion oflhe cost of their mandatory and customary contributions and benefits related thereto, such as anployment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and Design Professional's employees and consultants in the interest of the Project, as identified in the ]''allowing Clauses. 8.2.1.1 Expense of Vansportation in connection v.iththe Project; expenses in connection with authorized out at -town lmvel; longdisrance communications; and fees paid for securing approval ofaudhonties having jurisdiction over the Project 8.2.1.2 Expense ofreprWuctions(eeeept the reproduction of die sets of documents referenced in Subsection 2.6.19), postage and handling of Drawings, Specifications and other documents_ 8.2.1.3 I f authorized in advance by the Owner, expense ofovedime work requiring higher than regular rates_ 8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner, 8.2.1.5 Expense ofcomputer-aided design and drilling equipment time when used in connection with die Project. 8.2.1.6 Other expenses that are approval in advance in writing by the Owner_ 8.3 PAYMENTS ON ACCOIIN'1OF BASIC SERVICES 8.3.1 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 Section 2 of the Agreement and the schedule of work. 8.3.2 If and to the extent that the time initially estat ished in the Agreement is exceeded or extended through no fault of he Design Professional, compensation lot any services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement. 8.3.3 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 Section 2 of the Agreement based on (1) the lowest bona fide bid or (2) if no Such bid or proposal is received, the most recent preliminary estimate ofConstriction Cost or derailed estimate of Construction Cost tar such portions of the Project 8.4 PAYMENFS ONACCOUN-l'OFADDITIONAL SERVICES 8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after the presentation to the Owner of the Design Professional's saitcment of services rendered or expenses inured. 8.5 PAYMENTS VITHI11F.LD No deductions shall be made tram the Design Professional's compensation on account of penalty, liquidated damages or other sums widhheld from payments to contractors, or on account of the cost of changes in the work other than those for which the Design professional is responsible. 8.6 U1'SIGN PROFF.SSIONAI: S ACCOUNTING RECORDS Design professional shall make available to Oiv terorOwners authorzrd representative records of Reimbursable Expenses and expenses pertaining to Additional Services and services permnmed on the basis of a multiple of Direct Personnel Expense for inspection and copying during regular business hours for three years after the date of the final Certificate of Payment, or until any, litigation related to the Project is final, whichever date is later. %RTICLE 9 INDENINI'FY Page I I 9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its effects, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including but not Imuted to court costs and reasonable attorney fees Incurred by the Owner, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the Design Professional or its officers, shareholders, agents, or employees in the performance ofthe Agreement. 9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any ofthe parties' defenses, both at law or equity, to any claim, ©use of action, or litigation tiled by anyone not a party to the Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE III INSURANCE During the performance ofthe Services under the Agreement, Design Professional shall maintain the following insurance with an insurance company licensed or authorized to do business in the State of Texas by the Stale Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least ah A- or above. I0.1 Comprehensive General Liability Insurance with bodily injury limits of less than $1,000,000 for each occurrence and not Tess than $2,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $250,000 in the aggregate. 10.2 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 offset Tess than $100,000 for each accident 10.3 Worker's Compensation Insurance in accordance with statumry requirements, and Employers' Liability Insurance with limits of not Tess than $100,000 for each accident including occupational disease. 10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. 10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the brae ofthe execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers' Compensation policy shall contain a waiver of subrogation in favor of the Owner, and each policy shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to Owner and Design Professional_ 1n such event, the Design Professional shall, prior to the eflcctive date of change or cancellation. from ish Owner with substitute certificates of insurance meeting the requirements of this Article 10, ARTICLE II NI ISCELLAN EOUS PROVISIONS 11.1 The Agreement shall be governed by 0ie laws ofthe State of Texas Venue ofany suit or cause ofaction under the Agreement shall tic eecloii%ely in Denton Count),, Texas_ 11.2 1be Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal represonmtives to the other parry to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement The Design Professional shall not assign its interests in the Agra.-mcntwilhout tnew tten consent of the Owner. 11.3 The tern Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 ofthe Agreement which together represent the entire and integrated ogreonenl between the Owner and Design Professional and supersedes all prior negotiations, representations or agreements, either written or oral The Agreement may be amended only by written instrument signed by both Owncr and Design Professional. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the olhcratmchments refcrcoccd in Section 3 of the Agreement shall w the extent that is reasonably possible be read so as to hurmonize the provisions. I-lowtve5 should the provisions of these documents be in conflict so that they can not be reasonably hannonized, such documents shall be given priority in the following order: I. The executed Agreement 2_ Attachments referenced in Section 3 of the Agreement othertnan the Proposal 3. These General Provisions 4. '1 he Proposal 11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in fro or of a third party against either the Owner or Design Professional. 11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to include representations ofthe design ofthe Project, including photographs of the extwrior and interior, among the Design Professional's promotional and professional materials The Design Professional's materials shall not include the Owners confidential or proprietary information if the Ow ocr has previously advised die Design Professional in writing ofthe specific intimation considered by the Ownerto be confidential or proprietary- The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project 11.6 Approval by the Owner shall not constitute, nor be decreed a release ofthe responsibility and liability of the Design Professional, its employees, associates, agents, subcontractors, and subconsulume, 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 the Owner for any defect in the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants. Page 12 11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to die address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days alter mailing. 11.8 If any provision of the 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 the Agreement and shall not cause the remainder to be invalid or unenforceable- In such event, the parties shall refomt the 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. 11.9 The Design Professional 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 amendedduring the term ofthis Agreement. 11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 11.11 The captions ofthe Agreement are for informational purposes only, and shall not in any way affect the substantive terns or conditions ol'the Agreement Page 13 Exhibit A City of Denton South Branch Library Expansion Proposal for Architectural Services - Revised January 30, 2006 February 7, 2006 Basis of Proposal Project Scope: Design of the South Branch Library expansion and redesign of the existing parking lot: The building expansion space may range in area from approximately 7,500 to 10,000 square feet, dependant upon the allocation of the project budget as determined by the City of Denton Building Committee and will be of the similar quality to the existing facility. The redesign of the existing parking lot shall include additional parking spaces to accommodate the expansion of the branch facility and changes to improve the ease of ingress and egress. Proposed Project Schedule: Design & Construction Documents: Programming City of Denton Approvals Schematic Design Schematic Cost Estimate City of Denton Approvals Design Development DD Cost Estimate City of Denton Approvals Construction Documents CD Cost Estimate & TAS Review City of Denton Approvals Total Design & Construction Documents Bidding & Construction: Bidding City of Denton Approvals Construction Contact Close Out Total Bidding & Construction 2 weeks 1 week 3 weeks 1 week 1 week 3 weeks I week I week 6 weeks 2 weeks 3 weeks 24 weeks Note: if the City of Denton Approvals take longer than what is noted, the schedule will be extended. 4 weeks 8 weeks 24 weeks 2 weeks 38 weeks Nate: if the City of Denton Approvals take longer than whatis noted, the schedule will be extended. Booxiahs & Company Architects 2400A Empire Central Dallas, Texas 75235 214.350.5051 boa @1na.ictisxom Fax 214.350.5849 City of Denton South Branch Library Expansion Proposal for Architectural Services - Revised January 30, 2006 Page 2 of 7 This schedule will be adjusted in collaboration with the City of Denton Building Committee during the Programming Phase. Information Provided by the City of Denton: The following information shall be provided to Booziotis & Company Architects by the City of Denton. Booziotis & Company Architects shall rely upon the information as accurate. (Providing services to investigate existing conditions or facilities or to make measured drawings thereof shall be Optional Additional Services (City of Denton General Conditions 3.4.5)) (Providing services to verify the accuracy of drawings and other information furnished by the Owner shall be Optional Additional Services (City of Denton General Conditions 3.4.6)) Site Survey The City of Denton shall provide an accurate survey of the project site during the Programming Phase. Since the Site Survey is critical to the design of the project, the Schematic Design Phase will not commence until the Site Survey is provided to Booziotis & Company Architects. If the survey is provided in paper format, conversion of the survey to digital format shall an Additional Service. The survey shall include the following information: • Scale, north arrow and date. • Legal description and volume apd page of file plat • Metes and bounds • Total lot area in square feet • Distance to block corner • Distance to fire hydrant • Building dimensions and dimensions to adjacent buildings (Includes both the existing Fire Station and the Library) • Building setbacks • Easements with information of record • Flood plain boundary location and/or statement and reference to FEMA zone map panel number and date issued • Street right-of-way and distance from right-of-way line to center -line of street • Location and type of existing street paving • Alley width and pavement width • Arrows on all ties to right-of-way line • Improvements accurately located and dimensioned: • Establishment of a permanent benchmark for use during construction and site orientation- • Elevations of the first floor of buildings, tops of curbs, retaining walls, terraces, tops and bottoms of all exterior steps. • Elevations of contours at 20' intervals Other Site Conditions The City of Denton shall provide any information that would affect the design of the site or the building to Booziotis & Company Architects during the Programming Phase. This information includes, but is not limited to proposed or future improvements to adjacent streets, drives, and utilities, regulations concerning the Fire Station or access to the Fire Station, zoning changes, etc.. Redesign due to failure to disclose pertinent information shall be provided as Additional Services. • TXDOT design sheet for Teasley Lane • Water, Sewer and Electric Utility placement on current site • Soils Report Booziotis & Company Architects 2400A Empire Central Dallas, Texas 75235 214,350.5051 bca@booziotis.com Faa214.350.5849 City of Denton South Branch Library Expansion Proposal for Architectural Services - Revised January 30, 2006 Page 3 of 7 Existing Library Construction Documentation The City of Denton shall provide Construction Documentation for the existing library building to Boozioits & Company Architects during the Programming Phase. Since the Existing Construction Documentation is critical to the design of the project, the Schematic Design Phase will not commence until the documents are provided to Booziotis & Company Architects. Construction Documentation: The Drawings shall include Architectural, Structural, Civil, MEP, Environmental Graphics, Security, Data and Furniture Plan Drawings. Providing services to investigate the existing conditions or facilities and make measured drawings thereof shall be an Additional Services (City of Denton General Conditions 3.4.5). Other Construction Documentation: Other construction douctrentation provided to Booziotis & Company shall include a copy of the Project Manual, Shop Drawings and Submittals for Structural, MEP and all building materials. Stored Furniture and Fixtures The City of -Denton shall provide a written Inventory of Furniture and Fixtures in storage that will be used in the expansion. Included in the inventory shall be the item, manufacturer's name, dimensions, colors and Bnishes. Data and Security Information written specifications for all data and security systems and equipment during the Schematic Design Phases. Included in the specifications shall be all equipment specifications, sizes, clearances, termperature and power requirements; ail termination/junction box sizes and clearances; all conduit types, locations, sizes, bend diameters and terminations; and all wiring, fiber and cabling requirements for data and security equipment. Services to complete the Data and Security Drawings shall be Additional Services provided as an allowance on an hourly basis. The cost will vary dependent upon the information provided by the City. Bouziods & Company Architects 2400A Empire Central Dallas, Toxas 75235 214.350.5051 bca Qbooziotis.com Far 2I4.350.5849 City of Denton South Branch Library Expansion Proposal for Architectural Services - Revised Project Budget: Total Project Budget assumed at $1,500,000.00 The Construction Cost Limitation includes the cost of Construction, Furniture and Fixtures. The Construction Cost Limitation is assumed at $1,285,000.00 Proposed Fees: Description of Work or Phase Basic Design Services The Basic Design Services Fee shall be 8.5% of the Construction, Furniture and Fixtures Cost: $1,285,000.00 x 8.5 % = $ 109,225.00 Services Include: Architecture Structural Engineering Civil Engineering (Exception: relocation of major utilities that may be below grade at new construction) Mechanical, Electrical, and Plumbing Engineering Interior Design (Including drawings and inventory of existing furniture and fixtures) Environmental Graphic Design Landscaping (Drawings shall only indicate trees, planting areas and reconfigured sprinkler system) Cost Estimates Schematic Design Phase (15%) Programming Includes 2 Building Committee Meetings Schematic Design Includes 3 Building Committee Meetings and I Community Meeting Schematic Cost Estimate Amounts $16,383.75 Design Development Phase (20%) $21,845.00 Includes 3 Building Committee Meetings Cost Estimate Revision Construction Documents Phase (40%) $43,690,00 Includes 6 Building Committee Meetings and one 100% Construction Documents Phase Review Meeting Final Detailed Cost Estimate Booaio0s & Company Architects 2400A Empire Cmusl Dallas, Texas 75235 214,350,5051 bca@booaotis.com Fa,214350.5849 January 30, 2006 Page 4 of 7 City of Denton South Branch Library Expansion Proposal for Architectural Services - Revised of Work or Phase Amounts Bidding Phase (5%) Includes 1 Prebid Meeting and S5,461.25 1 Bid Analysis and Contractor Selection Meeting Construction Administration Phase (20%) Includes Weekly Construction Meetings at the site and $21,845.00 monthly Owners' Meetings, in conjunction with the Weekly Construction Meeting for 26 weeks. Architect to moderate Owners' meeting, take notes; Contractor to moderate, take and distribute notes at construction meeting. Architect will handle all routine construction forms and processes including but not limited to shop drawings, RFIs, ASIs, closeout documents. Post Construction Services Warranty Review: 1 on site review meeting I meeting Total Basic Services Optional Additional Services The following Additional Services may or may not be required, but assumptions of scope and cost have been made in some areas where a reasonable assessment can be made. An allowance or contingency for additional meetings or other consultants is identified below. Existing Conditions Drawings Providing services to investigate existing conditions of facilities and make measured drawings for use as project base sheets Data & Security Drawings (Estimated Allowance) Providing services to incorporate Data and Security requirements and specifications as provided by the City. Cost will be dependent upon the method and amount of information provided by the City Cost Estimate for Operations and Maintenance $1,000.00 $1,000.00 (Allowance) $4,000.00 Providing analyses of operating and maintenance costs for a 10 year period Additional Meetings (Allowance) In addition to those identified above Allowance is per meeting or hourly at Owner's option Total Optional Additional Services (Does not include fees for any additional meetings) Booziotis & Company Architects 2400A Empire Central Dallas, Tczas 15235 214.350.5051 bca Cbooziotis,com Pax214.350.5849 $500.00 January 30, 2006 Page 5 of 7 $109,225.00 $6,000.00 V City of Denton South Branch Library Expansion January 30, 2006 Proposal for Architectural Services - Revised Page 6 of 7 Description of Work or Phase Amounts Reimbursables Allowance for Reimbursables: (Allowance) $10,000.00 Includes document printing and reproduction, photographs, long distance telephone, postage, renderings, shipping„ miscellaneous fees paid for securing approvals of authoricies having jurisdiction over the Project I.10 x Actual Cost: Consultants requiring Booziotis' Professional Liability Insurance 1.05 x Actual Cost: All other reimbursables not requiring Buoziotis' Professional Liability Insurance such as reproduction, postage, etc. ADA/TAS Review (Allowance) TDLR ADA/TAS Plan Review fee and site walk-thru at end of project shall be a reimbursable expense or may be paid directly to the provider by the City Energy Code Review (Allowance) Review for compliance with the International Energy Code shall be a reimbursable expense or may be paid directly to the provider by the City Total Reimbursables Allowance Total Basle Services, Optional Additional Services & Reimbursables $1,200.00 5500.00 $11,700.00 $126,92 Adjustments to Scope and Budget: Fees for Adjustments to Scone and Budget for those amounts exceeding the original $1,285.000.00 of the assumed Construction Cost Limitation: From 0 to 25 % of the CCL: 7.65% fee x adjusted amount if onlv architectural services are required. , 8.5 % fee x adjusted amount if consultant services are required Above 25% of the CCL: 7, 8.5 % fee x adjusted amount if consultant services are required -(February 7, 2008) Additional Services: Attached is the Billing Rate schedule for any hourly Additional Services. Contract Clarifications: I. Reimbursable allowance shall be subject to the following conditions: Architect's obligation to the City of Denton shall not exceed two record copies at each progress review and three record copies at the end of each design phase. Architect will supply three record copies and one original reproducible copy to be placed at a local reproduction house at the end of the Construction Documents phase. At the end of the project, architect will supply four record copies and a CD containing one electronic file copy of each drawing and each specification section contained in the bidding and/or construction set. tsoozlofis & Company Architects 2400A EmpireCentral Dallas, Texas 75235 214.350.5051 bca @booziotis.com Fax 214.350.5849 City of Denton South Branch Library Expansion January 30, 2006 Proposal for Architectural Services - Revised Page 7 of 7 2. Architect agrees to contract language regarding rebid with the following conditions: If the base bid, in any combination with the alternate bids meets or is less than the Owner's Construction Cost Limitation, the architect will have no obligation to modify or rebid the documents, unless otherwise agreed. 3. Architect agrees to contract language to extend ownership of documents to the City of Denton subject to the following conditions: Architect cannot guarantee that consultants will be willing to agree to this clause, but will extend the industry customary license to the Owner to maintain and use copies of the documents for the Owner's use in maintaining the property as allowed by copyright laws and laws governing the practice of architecture in Texas. Architect will convey design, design details developed for the exclusive use of the project. Architect does not agree to convey Ownership of standard or typical details developed in house used in other or similar projects, or those obtained by license from outside sources and publications. 4. Architect's obligation to provide written documentation from the State of Texas regarding the accessibility requirements shall be satisfied by the employment of an Independent Contract Provider, licensed to perform accessibility reviews and inspections by the state of Texas, to review the project site and design documents during the Schematic Design Phase and provide written assessment of existing conditions, to Review the Architects Design Documents at the 75% complete Design Development and 75% Construction Document Phases for compliance with TAS, and to provide a pre substantial completion site review of the construction site with written comments at each stage. These are additional services at architect's cost with a 1.1 multiplier, The same reviewer will be employed to review the completed construction documents and make the state mandated inspections at the conclusion of construction as allowed by Texas law. 5. The architect agrees to incorporate and include data and communication requirements as specified by the Owner's separate or in house consultants, but makes no warranty as to the completeness or appropriateness of the requirements or specifications provided by the Owner for their intended purposes. We appreciate the opportunity to work with the City of Denton on the expansion of the South Branch Library. Regards, Holly Hall Vice President Attachment Booziatis & Company Architects 2400A Empire Central Dallas, Texas 75235 214.350.5051 bca@booziotis.com Fax 214.350.5849 Exhibit B City of Denton South Branch Library Booziotis & Company Architects Additional Services Hourly Billing Rate Table Bill C. Booziotis, FAIR $275.00 Holly S. Hall, AIA $150.00 Aaron L. Farmer, AIA $150.00 Specification Writer $135.00 Project Manager $115.00 Senior Architect $100.00 Architect $80.00 Interior Designer $80.00 Intern I $75.00 Intern II $70.00 Intern M $65.00 Administrative $55.00