Loading...
HomeMy WebLinkAbout2001-219AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH DUNKIN SIMS STOFFELS, INC, FOR THE DESIGN OF CROSS TIMBERS PARK AS SET FORTH IN THE CONTRACT, AND PROVIDING AN EFFECTIVE DATE (PSA 2656 — PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF CROSS TIMBERS PARK AWARDED TO DUNKIN SIMS STOFFELS, INC, FOR A TOTAL AMOUNT OF $71,000) THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services, and WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law, NOW, THEREFORE, SECTION 1 That the City Manager is hereby authorized to enter into a professional service contract with Dunlun Sims Stoffel, Inc, to provide professional architectural and related services for the Cross Timbers Park, a copy of which is attached hereto and incorporated by reference herein SECTION 2 The City Manager is authorized to expend funds as required by the attached contract SECTION 3 The findings in the preamble of this ordinance are incorporated herein by reference SECTION 4 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the i y — day of , 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY i%CL� APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CTrY ATTORNEY 10 PSA 2656 - CONTRAQTYAL FOR PROFESSIONAL SERVICES ORDINANCE REQUEST FOR PROPOSAL #2656 PROFESSIONAL SERVICES CITY OF DENTON A/E Design for Cross Tunbers Park AGREEMENT FOR ARCHITECTURAL SERVICES This Agreement made as of the 19th day of May, 2001 between the City of Denton, Texas, hereinafter referred to as Owner", and Dunkm Suns Stoffels, Inc , located at 9803 White Rock Trail, Suite 210, Dallas, TX 75238, hereinafter referred to as "Architect" for the Cross Timbers Park, City of Denton The Owner and Architect agree as set forth below ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 11 ARCHITECT'S SERVICES 1 1 1 The Architects 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, any other services included in Article 11 and Exhibit A 1 1 2 The Architect's services shall be performed as expeditiously as is consistent with the highest degree 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 Architect'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 to both parties 1041 113 The services covered by this Agreement are subject to the tune limitations contained in Subparagraph 21 DEFINITION ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 21 1 The Arclitecfa 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 to any other architectural services necessary to produce a complete and accurate set of Construction Documents, as described by and required in Paragraph 2 3 2 2 DESIGN DEVELOPMENT PHASE 2 21 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 2 244 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 Agreement for Arclutectural Services - Page 1 of 12 REQUEST FOR PROPOSAL #2656 PROFESSIONAL SERVICES CITY OF DENTON A/E Design for Cross Tmrbers Park 2 2 5 The Architect shall submit to the Owner a Preliminary Estimated Construction Cost Amount (ECCA) 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 establishes an elapsed time factor for the period of tune from the commencement to the completion of construction 2 2 6, 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, ordinances, codes and regulations in force at the time of design, consistent with professional skill and care in accordance with standards of the profession Owner's approval of the documents, shall not constitute a waiver of the Architect's duty to produce Documents and specifications that will be sufficient and adequate to fulfill the purposes of the Project 2 2 7 The Architect shall advise the Owner of any adjustments to the Preliminary Estimated Construction Cost Amount (ECCA) in a further Detailed Statement as described in Paragraph 2 2 5 2 3 CONSTRUCTION DOCUMENTS PHASE 2 3 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 and regulations 2 3 2 The Architect shall advise the Owner of any adjustments to previous Preliminary Estimated Construction Cost (ECCA) indicated by changes in requirements or general market conditions 2 3 3 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having junsdiction over the Project 2 4 BIDDING 241 The Architect, following the Owner's approval of the Construction Documents and of the latest Preliminary Estimated Construction Cost Amount (ECCA), shall assist the Owner during the bidding phase Tlus will consist of answering inquiries requested by the purchasing official for the City of Denton, evaluating new contractors for responsibility prior to award of the contract, and recommending award or non -award to the City of Denton's purchasing official 2 4 2 If the lowest bid for the construction of the Project exceeds the total construction cost of the Project as set forth in the approved Preliminary Estimated Construction Costs of the Project submitted by the Architect, then the Architect, at its sole cost and expense, will revise the Construction Documents as may be required 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 Preliminary Estimated Construction Costs 25 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2 51 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 2 2 5i2 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 Agreement for Architectural Services - Page 2 of 12 REQUEST FOR PROPOSAL #2656 PROFESSIONAL SERVICES CITY OF DENTON A/E Design for Cross Tunbers Park 2 5 3 The Architect and/or its consulting team shall make periodic site visits to determine if the project is proceeding in accordance with the contract documents The Architect and/or consulting team shall not be responsible or liable for the Contractor's failure to perform the construction work in accordance with the contract documents 2 5 4 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 cant' out the Work in accordance with the Contract Documents except insofar as such failure may result from Arclutecfs negligent 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 5 5 Except as may otherwise be provided in the Contract Documents or when direct communications have been specifically authorized, the Architect and Contractor shall communicate through the Owner Communications by and with the Arclutecfs consultants shall be through the Owner 2 5 6 Based on the Architects 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 5 7 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architects 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) 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 2 5 8 The Architect shall advise the Owner of any 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 may request and 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 5 9 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 determining whether such submittals, contemplating the work to be completed, will be in compliance with the requirements of the Contract Documents The Architect 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 Architect's professional judgment to permit adequate review 2 5 9 a 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 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 2 5 9 b The Arclutect'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 Agreement for Architectural Services - Page 3 of 12 REQUEST FOR PROPOSAL #2656 PROFESSIONAL SERVICES CITY OF DENTON A/E Design for Cross Tunbers Park 2 510 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data, if deemed necessary, by the Architect as provided in Sub -paragraphs 3 1 1 and 3 3 3, for the Owner's approval and execution in accordance with the Contract Documents 2 511 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 will receive and review written guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the requirements of the Contract Documents 2 512 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, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence of negligence 2 513 The Architect shall render written decisions within a reasonable time on all claim, 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 2 514 The Architect (1) shall render services under the Agreement in accordance with the highest professional standards prevailing in the Dallas -Fort Worth metroplex area, (2) will reunburse the Owner for all damages caused by the negligence of the Architect, and (3) by acknowledgmg payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or dunimsh any of the Architect's obligations thereunder ARTICLE 3 ADDITIONAL SERVICES 31 GENERAL 31 1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 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 3 2 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 Arclutect, and the Architect shall be compensated therefore 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 3 3 CONTINGENT ADDITIONAL SERVICES 3 3,1 Making material revisions in Drawings, Specifications or other documents when such revisions are Agreement for Architectural Services - Page 4 of 12 REQUEST FOR PROPOSAL #2656 PROFESSIONAL SERVICES CITY OF DENTON A/E Design for Cross Timbers Park mconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget, required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or due to changes required as a result of the Owner's failure to 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, the Owner's schedule, or the method of bidding and contracting for construction, except for services required under Subparagraph 2 4 2 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 furnishing 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, or by failure of performance of either the Owner or Contractor under the Contract for Construction 3 3 6 Providing services in evaluating an extensive number of clamis 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 3 4 OPTIONAL ADDITIONAL SERVICES 3 41 Providing financial feasibility or other special studies 3 4 2 Providing planning 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 3 4 4 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 3 410 Providing analyses of owning and operating costs Agreement for Architectural Services - Page 5 of 12 REQUEST FOR PROPOSAL #2656 PROFESSIONAL SERVICES CITY OF DENTON A/E Design for Cross Tunbers Park 3 411 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities 3 4 12 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 3 4 13 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment 3 414 Providing services other than as provided in Section 2 5 3, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty period of the Contract for Construction 3 415 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services 3 416 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice 3 417 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 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, expendability, special equipment, systems and site requirements, as more specifically described in Paragraph 2 2 1 and Exhibit A 4 2 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 4 3 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 4 4 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 4 5 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,i 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 pertarr ing to existing buildings, other improvements and trees, and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths Ali the information on the survey shall be referenced to a project benchmark 4 6 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 its Basic Services 4 7 The Owner shall furnish structural, mechanical, chemical, au and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents At the City's discretion it may perform, or may have services performed by others, i e archaeological Agreement for Architectural Services - Page 6 of 12 REQUEST FOR PROPOSAL #2656 PROFESSIONAL SERVICES CITY OF DENTON A/E Design for Cross Timbers Park surveys, feaslbdity studies, or environmental studies Any and all reports provided by such services to the Architect shall be utilized as directed by the City of Denton The City of Denton takes no responsibility for the information provided from such services 4 8 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 4 9 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 soy negligence on the part of the Architect 410 The Owner shall give prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents 411 Architect shall propose language for certificates or certifications to be requested of the Architect or Architect's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution The Owner agrees not to request certifications that would require knowledge or services beyond the scope of this Agreement ARTICLE 5 CONSTRUCTION COST 51 DEFINITION 5 11 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 513 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 513 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 5 2'RESPONSIBILITY FOR CONSTRUCTION COST 5 2 1 Evaluations of the Owner's Project budget, Preliminary Estimated Construction Cost Amount (ECCA) 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 5 2 2 A fixed limit 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 limn 5 2.3 If the Bidding Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit 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 Agreement for Architectural Services - Page 7 of 12 REQUEST FOR PROPOSAL #2656 PROFESSIONAL SERVICES A/E Design for Cross Timbers Park CITY OF DENTON ARTICLE 6 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 Architects 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 Drawings, 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 for additions to this Project or for completion of this Project by others, unless this Agreement is terminated because Architect is in default of this Agreement, at which time the documents become the property of the City of Denton. 6 2 Submission or distribution of documents to meet official regulatory requirements or for smular purposes in connection with the Project is not to be construed as publication in derogation of the Architects reserved rights ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 71 Architect may terminate dus Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terms of this Agreement through no fault of the Architect Owner may terminate this Agreement or any phase thereof upon thuty (30) days prior written notice to the Architect with the understanding that immediately upon receipt of such notice, all work and labor being performed under the Agreement shall cease immediately Before the end of the thirty (30) day period, Architect shall invoice the Owner for all work it 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 termnation of the Agreement and shall be promptly delivered to the Owner in a reasonably organized form Should Owner subsequently contract with a new architect for continuation of services on the Project, Architect shall cooperate in providing information. 72 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension When the Project is resumed, the Arclutect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services 7 3 This Agreement may be terminated by the Owner upon not less than seven 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 90 consecutive days, the Architect or the Owner may terminate this Agreement by giving written notice 7 4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination 7 5 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 days written notice to the Owner, suspend performance of services under this Agreement Unless Architect receives payment in full 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 under this section, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services 7 6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services properly performed prior to ternnation Agreement for Architectural Services - Page 8 of 12 REQUEST FOR PROPOSAL #2656 PROFESSIONAL SERVICES A/E Design for Cross Tunbers Park CITY OF DENTON ARTICLE 8 MISCELLANEOUS PROVISIONS 81 This Agreement shall be governed by the laws of the State of Texas 8 2 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, bmd 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 8 4 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 8 5 Nothing contained in this Agreement shall create a contractual relationslup with or a cause of action in favor of a third party against either the Owner or Architect 8 6 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 sumlar skill and expertise should have noticed 8 7 The Architect shall have the tight 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 ARTICLE 9 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 smular contributions and benefits 92 REIMBURSABLE EXPENSES 9 2,1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architects employees and consultants in the interest of the Project, as identified in the following Clauses 9 21 1 Expense of transportation in connection with the Project, expenses in connection with authorized out-of- town travel, and fees paid for securing approval of authorities having jurisdiction over the Project 9 212 Expense of reproductions (except the reproduction of the sets of documents referenced in Subparagraph 2 6 19), postage and handling of Drawings, Specifications and other documents Agreement for Architectural Services - Page 9 of 12 REQUEST FOR PROPOSAL #2656 PROFESSIONAL SERVICES CITY OF DENTON A/E Design for Cross Timbers Park 9 213 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates 9 214 Expense of renderings, models and mock-ups requested by the Owner 9 2 L5 Reimbursable expenses for 9 2 11 and 9 2 12 shall not exceed $3,500 00 (See Exhibit A) 9 3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 9 31 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 2 9 4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9 41 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the ArclutecPs statement of services rendered or expenses incurred 9 5 PAYMENTS WITHHELD 9 51 No deductions shall be made from the Arclutecfs 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 9 6 ARCHITECT'S ACCOUNTING RECORDS 9 61 Architect shall make available to Owner or Owner's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed 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 ARTICLE 10 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows 101 BASIC COMPENSATION 101 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 $53,000 00 per Architects Proposal, a copy of which is attached hereto and made a part hereof as Exhibit A 1012 Progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable Design and Development Phase 35% Construction Documents Phase 40% Bidding Phase 5% Construction Phase 20% Total Basic Compensation 100% Agreement for Architectural Services - Page 10 of 12 REQUEST FOR PROPOSAL #2656 PROFESSIONAL SERVICES CITY OF DENTON A/E Design for Cross Timbers Park 10 2 COMPENSATION FOR ADDITIONAL SERVICES 10 2 1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3 2, compensation shall be computed at the hourly rates to be agreed upon at the time of negotiations 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 $ 95 per hour Associates $ 65 per hour Technical Staff $ 45 per hour Clerical Staff $ 30 per hour 10 3 REIMBURSABLE EXPENSES 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 110 tunes the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project 10 4 ADDITIONAL PROVISIONS 10 41 IF THE BASIC SERVICES covered by this agreement have not been completed by August 30, 2001, hereof, through no fault of the Architect, extension of the Arcltect's services beyond that time shall be compensated as provided in Subparagraphs 9 3 2 and 10 2 2 10 4 2 Payments are due and payable thirty (30) days from the date of the Arclutect's invoice Amounts for services properly performed which remain unpaid sixty (60) days after the invoice date shall bear interest at the rate of one (1%) percent per month ARTICLE 11 OTHER CONDITIONS OR SERVICES 111 Architect shall maintain, at no expense to Owner, a professional liability (errors and omissions) insurance policy placed with a company rated at least A-/X by Best's Key Rating Guide, authorized to do business in Texas, in an amount not less than one million dollars ($1,000,000) Such policy shall require the giving of written notice to Owner at least thirty days prior to cancellation, non -renewal or material modification of any policies, evidenced by return receipt of United States Certified Mail Arclutect shall famish Owner with copies of said policies or certificates evidencing such coverage 112 Architect agrees to indemnify and save and hold harmless, the City, its officers, representatives, and employees from and against any and all claims or suits for injuries, damages, loss, or liability of whatever kind or character, ansing out of or in connection with the performance by the Architect of those services contemplated by this Agreement, based upon allegations of negligent acts or omissions of Architect, its officers, agents, employees, consultant$ and subcontractors 113 Architect shall provide the following additional services that are not a part of the basic services upon request of the Owner American Disability Act Certification per State Requirements Topographic Base Map and Boundary Survey (Per Exhibit A) not to exceed $14,500 Bid documents beyond construction documents provided for in section 2 3 1 Agreement for Architectural Services - Page 11 of 12 REQUEST FOR PROPOSAL #2656 PROFESSIONAL SERVICES CITY OF DENTON A/E Design for Cross Timbers Park of the Owner' 1 American Disabihty Act Certification per State Requ irments 2 Topographic Base Map and Boundary Survey (Per Extubit A) not to exceed $14,500 Bid documents beyond construction documents provided for in section 2 3 1 This Agreement entered into as of the day and year first written above CITY OF DENTON, TEXAS, OWNER ATTEST B` 1TxS Agreement for Architectural Services — Page 12 of 12 Dunkin Sims MOMS;, Inc, May 7, 2001 Ms. Janet Simpson Assistant Dirertor, Parks & Recreation Department City of Denton 321 E McKinney Street Denton, Texas 76201 Dear Ms Simpson We appreciate the nr,r,ertunity to submit this scope of services for Cross Timbers Park In Denton, Texas. This proposal is being submitted for your review and approval The profasalonol oerviees for this park will be prepared by the following consulting team Dunkin Sims Staff els, Inc. will be the primary consultant for the project, Lady Bird Johnson Wildflower Center and Nathan D Maier consulting Engineers, Inc The scope of services is divided into two phases, Phase I, Basic Design Services, and Phase II. Reimbursable ExpencAr; PHASE I - BASIC DESIGN SERVICES AND CONSTRUCTION DOCUMENTS Construction documents will be prepared for the park elements Illustrated in the master plan prepared by Mesa Design (Phase One) and within the allocated park construction budget This section also Includes the servirAc prnviried by the Lady Bird Johnson Wildflowor Conter The servioes in thia phoao are divided Into four sections (1) design and development, (2) construction documents and specifications, (3) bidding and contract award, and (4) ounbtrui.Alun observation. Each section sets forth the services to be performed Design Development Phase Schematic alternative plans will be prepared by the consulting team and presented to staff for their review and oommonta. Tho plans will be prepared with staff input IF regard to the final design decisions After the City and Consultant have agreed upon the final program elements, a piulitninary cost estimate will be prepared detailing the park elements In the construction phase 9603 White Rook Trail Suite 210 Dallas, Texas 75230 214553-5778 EXHIBIT A-1 LADY BIRD JOHNSON WILDFLOWER CENTER The Lady Bird Johnson Wildflower Center will perform the followinq services for Cross Timhers Park Site Visit — The LRP will conduct a site visit with interested parties to become familiar with Cross Timhars Park and the existing site conditions During the site vi51t information will be collected needed to complete a two -acre prairie restoration plan, 12,000 square feet wetland planting plan, preliminary trail Idyvut and interpretation bpecies lists from other regional prairies (Flower Mound, Culp Branch) will be obtained or developed Habitat on the two -acre prairie restoration will be mapped for micro -topography, soils, exotic and invasive species populations, and desirable plant populations Specie4 liatq will be developed for the wetland planting based on species found in Pecan Creek, other stretches of Hickory Creek, and the Elm Fork of the Trinity River Micro -sites will be identified and mapped in the lialr-acre wetland planting area. A second site visit will be conducted to review the project work to date, present conceptual interpretation to Interested parties, finalize the restoration plan and trail layout, Construction Documents and Specifications Construction documents and specifications will be prepared for the park elements outlined in the cost estimate for construction The consulting team will perform the following tasks in this section of the project ■ Grading Plan(s), which will establish grades for all elements of the prnjnrt ■ Layout Plan(q) Inratin0 by dimensions all structures, playing fields, walks, roads, parking areas, planting areas, etc ■ Electrical Plan(s) showing the location of all light standards, controls, wires, etc IN Planting Plan(s) locating and identifying all plant material and a list of plants including quantities, sizes, and varieties. ■ Construction Details providing plans, sections, elevations of the individual elements of the plans ■ Prepare appropriate add or deduct alternates ■ Prepare the technical specifications Cost estimates will be prepared for each of the program's elements The cost for these elements will be reviewed with staff BIDDING AND CONTRACT AWARD The t,onsultant will be responsible for the following tasks In this phase IN Answer questions and interpret drawing during the bidding period EXHIBIT A -2 ■ Assist the City in receiving bids ■ Prepare any required addendum, ■ Analyze the bids and make a written recommendation to the City for awarding a contract Construction Administration We will perform the following tasks during this phase of the project ■ Consultation and advise to the City ■ Preparation of elementary and supplementary okotchca required to resolve field conditions In Approval of submittals and shop drawings submitted by contractors for confor- mance with the design concept • The consulting_teamshall-make-periodic s►te vis+ts to -determine, if the -project rs proceeding in accordance with the contract documents Tho consulting team shall not be responsible or liable for the Contractor's failure to perform the construction work In accordance with the tuiitrdi.t documents ■ Review and approval of all certificates for payment submitted by the Contractor ■ Prepare Change Orders for the City's approval and execution ■ Coordinate final site walk through with the City at the conclusion of the construction and provide a punch list to Contractor to complete file project Professlorial Fees The Consultant shall perform the scope of services in Phases I for the fee a fee of $53,000 00 PHASE 11 - ADDITIONAL SERVICES (ESTIMATED FEES) The tees presented below for each task are estimated fees Because the scope of services of the services for each item cannot be determined at this time Topographin Base Map and Boundary Survey A one -foot interval on -the -ground topography iridp and boundary survey will be prepared for sections of the park requiring grading and ADA access which will be under construction Critical spot elevations will be established, i e major trees, sewer manholes, existing street grades, storm sewer inlets, etc This will be supplemented by all known easements and utilities We would recommend the City budget $14,500 for this task Plan and I Specification Printing The Consultant will invoice the City at the incurred cost plus 10% for all out -of -house printing �wmm,amn OInM1.W11WMpryi,nal.Gn,1Mm M�Crw IMV.n P-Y,,w,.l M.,m bnu..w.s EXHIBIT A43 of plans, specifications and plotting of AutoCadd files. Requested mounting or laminating of master plans will also be urvuitud at the Incurred cost In-house printing of check prints for use in preparing the construction documents are included in the basic design services. Postage and dallvery expenses will not be invoiced during the Design Phase of the currtrdLt Courier, express mail, or overnight delivery charges, as well as, the cost of mailing sets of controct documents to prospective blddeis will be charged to the City. We would recommend the City budget $3,000 to $3,500 for this task PREPARATION OF ALTERNATES The Consultant's fees are based upon the total dollars allocated for construction of the project The Consultant will prepare an estimate for probable cost of construction This estimate will be based on the deargn davaiopment phase of the project Should the City request design services on alternates to be prepared for bidding above the allocated $710,416 00, the consulting team will invoice the City in addition to tiro urigirral contract amount, the agreed percentage of construction cost for preparation of plans, construction documents and specifications for the alternates Any such expenses shall be pre-author[zad by the - .City in advance o wor a rig per ormed We appreciate the opportunity to tuhmit thr¢ scope of services and look forward to working with you and the Denton parks and recreation staff If you have any questions, do not hesitate to call me Dennis Sims, ASLA Principal Wm.nppg011 t.4VIWwFN.11n1eN.nnnO�w. Tnoen MWsN nro.n rrY M,. a e.nha nwY, aa. EXHIBIT A -4