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1997-168 O INANCENO C]q - ltO AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTEIA PROFESSIONAL SERVICES CONTRACT WITH CORGAN ASSOCIATES, INC FOR PHASE II OF THE RENOVATION OF THE DENTON MUNICIPAL COMPLEX (DMC) AND CITY HALL, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the City Manager is authorized to execute a professional services contract between the City of Denton and Corgan Associates, Inc for the second phase of DMC renovation and phase II of the City Hall renovation, under the terms and condmons, contained in said professional services contract, which is attached hereto and made a part hereof SECTION II. That the City Councd hereby authorizes the expenditure of funds m the manner and amount as specified in the professional services contract SECTION III. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the k r~-~x day of ~ ,1997 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM' HERBERT L PROUTY, CITY ATTORNEY 3. DATE JUNE 17, 1997 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Kathy DuBose, Executive Director of Finance SUBJECT, PROFESSIONAL SERVICES CONTRACT FOR RENOVATION OF DENTON MUNICIPAL COMPLEX (DMC) AND CITY HALL - PROJECT II RECOMMENDATION. We recommend that the professional services contract for the second phase (Project II) of the Denton Mtmiclpal Complex (DMC) and City Hall be awarded to Corgan Associates, [nc in the amount of $67,150 00 plus a not to exceed $7,000 00 for reimbursibles SUMMARY: This contract provides for planning, construction documents, bid assistance, and construction administration services for Project II of the DMC Renovation and of the City Hall Renovation Included m this fixed cost fee of $67,150 00 are architectural design, structural, mechanical and electric engineering, plumbing and furniture design services The contract is basically the same contract as awarded to Corgan for the first phase of both of these renovation projects Council members were presented an overview of both projects and the architectural contract at there work session meeting of June 10, 1997 State law requires that the most qualified professional for the project be determined and that only then is a price to be negotiated and approved Corgan Associates, Inc provided the professional services for phase I of the projects and was therefore determined to be the most qualified for project II pROGRAMS.. DEPARTMENTS OR GROUPS AFFECTED. Employees and citizens utilizing the two facilities (DMC and City Hall) FISCAL iMPACT: Funds for thru contract are avadable in account number 457-032-BLDG-9718- 9101 set aside for one time construction expenditures Attachments Corgan Associates, Inc acceptance proposal dated May 9, 1997 Contract agreement City of Denton and Corgan Associates, Inc Memorandum from Bruce Hemngton dated April 30, 1997 Purchase Order #75357 Exehcu'~"ttlDv~e ~t~ector o f Finance Name Tom D Shaw, C P M Title Purchasing Agent 876 AGENDA 2 9 May 1997 Mr Tom Shaw Purchasing Department City of Denton 901 B Texas Street Denton, Texas 76201 Re City of Denton Cxy Hall Renovation Pro~ect II, Phase I & II Proposal Dear Tom We are extremely pleased to provide tins proposal for the continuation of our professional services contr~- for Prolect II of the Denton Municipal Complex and the City Hall Renovation As requested, we propose to provide the planning, construction documents, inddmg and constmctmn adrmmstrauon servaces at a fixed fee of $67,150, plus re:mbumbles (project costs for pnnun~; costs, mileage, etc at 1 1 x our actual cost), not-to-exceed $7,000. These fees include architectural, structural, mechanical, electrical, plumbing and furniture design, Tom, we a preciate the ol~l~ortumty to submit this proposal and look forward to working with you on anotherproject. Please do not hesitate to c~ll should you have any questions or need to chscuss this proposal further Very truly yours, Corgan Associates, Inc. Accepted: CORGAN cogG^s*ssoc,am ,Nc Louis ~1. Wolf ~/ 501 ELM STR£I~T assoclate Date DALLAS T~XA$ 75202 TEL 214 748 2000 F^x :t4 ~ se8t Enclosure D~U.L~S CC Bruce Henmgton/Denton FORT WORTH NEW YORK MIAMI LONDON 95222/O0/AI/PHA$£l 3 AAAOSOD2 AGREEMENT BETWEEN THE CITY OF DENTON AND CORGAN ABSOCIATESt INC. This Agreement made as of the seventh day of November, 1995 between the city of Denton, Texas, hereinafter referred to as "Owner" and Corgan Associates, Inc. hereinafter referred to as "Architect" for the following Project Renovation of DMC and the completion of Municipal Building - Project II The Owner and Architect agree as set forth below. ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services performed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 11 1.1.2 The Architect's services shall be performed as expeditiously as is consistent with a very high standard of professional skill and care and the orderly progress of the Work Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the 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 end for approval of submissions by authorities having Jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner, and any adjustments to this schedule shall be mutually acceptable 1.1.3 The servlces covered by this Agreement are sub3ect to the time limitations contained in Subparagraph 10 4.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Baslc Services consist of those described in Paragraphs 2.2 through 2 6 and any other services identified in Article 11 as part of Basic Services, and include without limitation normal structural, mechanical and electrical engineering services and any other engineering services necessary to produce a complete and accurate set of Construction Documents, as described by and required in Paragraph 2 4 PAGE 1 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect in consultation with the Owner shall develop a written program for the Project to ascertain Owner's needs and to establish the requirements for the Pro3ect. 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, sub]ect to the limitations set forth in Subparagraph 5 2 1 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. 2.2.5 The Architect shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establish an elapsed time factor for the perlod of time from the commencement to the completion of construction. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any ad3ustments 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. Notwithstanding Owner's approval of the documents, Architect shall prepare documents and specifications sufficient and adequate to fulfill the purposes of the project 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Paragraph 2.2 5 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Pro]ect or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail PAGE 2 requirements for the constructlon of the Project, whlch shall comply with all appllcable laws, statutes, ordinances, codes, regulations including, without limitation, the latest ADA state and federal requirements. Ail state &nd federal requirements shall be submit~ed by the architect and gain approval before the bidding process. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for f~llng documents required for the approval of governmental authorities having jurisdiction over the Project. 2 5 BIDDING 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaIning bids and assist in awarding and preparing contracts for construction 2.5.2 If the lowest bid for the construction of the Project exceeds the total construction cost of the Project as set forth ~n the approval Detailed Statement of Probable Construction Costs of the Projects submitted by the Architect, then the Architect, as its sole cost and expense, shall revise the Construction Documents as may be required by the City to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs The project shall be bid with a written statement requiring the contractor and subcontractors to sign an agreement to participate in a partnering construction relationship with the City and the Architect. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2 6 1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and termInates at the issuance to the Owner of the f~nal Certificate for Payment, unless extended under the terms of Subparagraph 9 3 3 2.6.2 The Architect shall provide detailed administration of the Contract for Construction as set forth below and in the edltlon of AIA document A201, General Conditions of the Contract for PAGE 3 Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. 2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) as an Additional Service at the Owner's dlrectlon from time to time during the warranty period described in the Contract for Construction, i.e. one year. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwlse modified by written instrument. 2 6.5 The Architect shall observe the construction site at least one time a week, regardless of whether construction is ~n progress, to become familiar with the progress and quality of the Work completed and to determine if the Work is being performed in a manner indicating that the Work when completed will be accordance with the Contract Documents. Provided, however, Architect shall not be required to make continuous on-site inspections to check the work Architect shall provide Owner a written report subsequent to each on-site v~slt. On the basis of on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall exercise the utmost care and diligence in discovering and promptly reporting to the Owner any defects or deficiencies in the work of Contractor or any subcontractors The Architect represents that he will follow the highest professional standards in performing all services under this Agreement Any defective designs or specifications furnished by the Architect will be promptly corrected by the Architect at no cost to the Owner The Owner's approval, acceptance, use of or payment for all or any part of the Architect's services hereunder or of the Project itself shall in no way alter the Architect's obligations or the Owner's rights hereunder. 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents except insofar as such failure may result from Architect's acts or omissions The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress PAGE 4 2 6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Archltect. Communlcatlons by and with the Architect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Architect shall review and certlfy the amounts due the Contractor 2.6.10 The Architect's certlflcatlon for payment shall constltute a representation to the Owner, based on the Architect's observations at the slte as provlded in Subparagraph 2.6 5 and on the data ¢omprlslng 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 wlth the Contract Documents. The foregolng representations are subject to mlnor deviations from the contract Documents correctable prior to completion and to specific quallf~¢at~ons expressed by the Architect The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entltled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representatlon that the Architect has (1) made exhaustive or continuous on-slte lnspectlons to check the quality or quantity of the Work, (2) reviewed constructlon means, methods, technIques, sequences or procedures, (3) revlewed copies of requisitions recelved from Subcontractors and mater~al suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum 2.6.11 The Architect shall have the responslblllty and authority to reject Work which does not conform to the Contract Documents. Whenever the Archltect considers it necessary or advisable for ~mplementation of the intent of the Contract Documents, the Architect wlll 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, nelther th~s authorIty of the Archltect nor a declslon 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, mater~al and equipment suppllers, their agents or employees or other persons performlng portions of the Work 2 6.~2 The Architect shall review and approve or take other approprlate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of (1) compliance with applicable laws, statutes, ordinances and codes, and (2) determlnlng whether or not the Work, when completed, w~ll be in compliance with the requirements of the Contract Documents The Archltect's action shall be taken with such reasonable promptness to cause no delay in the Work or in the constructlon of PAGE 5 the Owner or of separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorlze minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 On behalf of the Owner, the Architect shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and shall issue Certificates of Substantial and Final Completion. The Architect shall also make observation within thirty (30) days of the expiration of the one year warranty period under the performance bond or one year from the date of final completion and shall immediately advise the Owner in writing of any defects in workmanship and material so that the Owner may make an appropriate claim under the bond The Architect will receive and review written guarantees and related documents required by the Contact Documents and assembled by the Contractor and shall issue a final certificate for Payment. 2.6.15 The Architect shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contract. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both PAGE 6 Owner and Contractor, shall not show partiality to e~ther, and shall not be l~able for results for interpretations or decisions so rendered in good faith ~n accordance with all the requirements of the Owner-Archltect Agreement and in the absence of negllgen~e 2.6.17 The Archltect shall render written decisions w~thln a reasonable t~me on all claims, disputes or other matters question between the Owner and Contractor relatlng to the execution or progress of the Work as provided in the Contract Documents 2.6.18 The Architect (1) shall render servlces under the Agreement in accordance with the highest professional standards prevailing in the metroplex area; (2) will reimburse the Owner for all damages caused by the defective designs the Archltect prepares, and (3) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or d~m~nish any of the Architect's obligations thereunder. 2.6.19 The Architect shall provide the Owner with one set of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase and shall also provide the Owner with one set of reproducible as-bullt Drawings for the Owner's flle. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described ~n this Artlcle 3 are not · ncluded in Basic Services unless so ~dent~f~ed ~n Article 2 or 11, and they shall be pald for by the Owner as provided in this Agreement, ~n additlon to the compensation for Basic Servlces The services described under Paragraphs 3.2 and 3.4 shall only be provided ~f authorized or ¢onflrmed in wrltlng by the Owner. If services described under Contlngent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notlfy the Owner prior to ¢ommenaing such services. If the Owner deems that such servlces described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect If the Owner indlcates In writing that all or part of such Contlngent Addltlonal Services are not required, the Archltect shall have no obllgat~on to provide those servlces Owner will be responslble for compensating the Archltect for Contingent Additional Services only if they are not required due to the negligence or fault of Architect. PAGE 7 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 Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edlt~on of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed 3.2 3 Through the observations by such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. Inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget, 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or 3. due to changes required as a result of the Owner's failure to render decision in a timely manner 3.3.2 Providing services requlred because of significant changes in the Pro3ect including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection wlth 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. PAGE 8 3.3.5 Providing servlces made necessary by the default of the Contractor, by ma]or defects or deficiencies in the Work of the Contraotor 3.3.6 Providing services in evaluating an extensive number of clalms 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. 3.3.8 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 4.1 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. 3.4.10 Providing analyses of owning and operating costs 3.4.11 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. PAGE 9 3.4.12 Making lnvesttgat~ons, inventories of materials or equipment, or valuations and detailed appraisals of existing faclllties. 3.4.13 Providing assistance in the utll~zatlon of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultatlon during operation 3.4.14 Providing servlces other than as provided in Section 2.6.14 of Article 2 and No. 4 of Article 11, after issuance to the Owner of the final Certlf~cate for Payment, or ~n the absence of a final Certificate for Payment, more than slxty (60) days after the date of Substantial Completion of the Work 3 4.15 Providing services of consultants for other than architectural, structural, mechanical and electrical englneerlng portions of the Project provided as a part of Basic Services 3.4.16 Prov~dlng any other services not otherwise included ~n this Agreement or not customarily furnished ~n accordance with generally a¢oepted architectural practlce 3 4.17 Preparlng a set of reproducible record drawlngs showing signlficant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Archltect (Th~s ~s for drawings prepared in addition to those called for in Section 2.6 19 ) ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall consult w~th the Architect regarding requirements for the Project, including (1) the Owner's ob]ectlves, (2) schedule and design constralnts and criteria, lncludlng space requirements and relationships, flex~blllty, expandablllty, special equipment, systems and s~te requirements, as more specifically described ~n Paragraph 2.2.1. 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 flnanclal arrangements have been made to fulfill the Owner's obllgatlons under this Agreement. 4 4 The Owner shall deslgnate a representatlve authorized to act on the Owner's behalf wlth respect to the Project The Owner or such authorized representative shall render decisions ~n a tlmely manner pertaining to documents submitted by the Architect PAGE 10 in order to avold unreasonable delay in the orderly and sequentlal progress of the Architect's services 4.5 The Owner shall furnish surveys describing physlcal characteristics, legal l~m~tatlons and utility locations for the site of the Project, and a written legal description of the slte The surveys and legal lnformat~on shall lnclude, as applicable, grades and llnes of streets, alleys, pavements and ad]olnlng property and structures; adjacent dralnage; rlghts-of-way, restr~ctlons, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dlmenslons and necessary data pertaining to exlstlng buildings, other ~mprovements and trees; and lnformatlon concerning available utility services and lines, both publlc and private, above and below grade, including inverts and depths. All the ~nformatlon on the survey shall be referenced to a project benchmark (this benchmark and the height of intial slab shall be approved by the Owner and City of Denton Englneerlng Department prior to bldd~ng). 4 6 The Owner shall furnish the servlces of geotechnlcal engineers when such services are requested by the Architect. Such services may lnclude but are not limited to test borlngs, test pits, determlnatlons of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and reslstivity tests, Including necessary operatlons for anticipating sub-soil conditions, with reports and appropriate professional recommendatlons. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Architect and are not retained by the Architect as part of his Basic Servlces 4.7 The Owner shall furnish structural, mechanlcal, chemlcal, a~r 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 furnlsh all legal, accounting and lnsurance counsellng servlces as may be necessary at any t~me for the Project, including audltlng services the Owner may require to verlfy the Contractor's Appllcatlons 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 any negligence on the part of the Architect. Nothing in this contract shall relleve the Architect from the responslblllty for services performed which were inadequate because they were based on information furnlshed by the City that an Architect exerclslng reasonable care and sklll would have determined was lnaccurate PAGE 11 4 l0 Prompt written notice shall be given by the Owner to the Archltect ~f the Owner becomes aware of any fault or defect ~n the Project or nonconformance w~th the Contract Documents 4 ll The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least fourteen (14) days prior to executlon. The Owner shall not request certifications that would requlre knowledge or services beyond the scope of thls Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or estlmated cost to the Owner of all elements of the Project designed or specified by the Architect 5.1.2 The Construction Cost shall ~nclude the cost at current market rates of labor and materials furnished by the Owner and equlpment deslgned, speclfled, selected or speclally provided for by the Archltect, plus a reasonable allowance for the Contractor's overhead and proflt. In addlt~on, a reasonable allowance for contingencies shall be included for market condltlons at the t~me of bldd~ng and for changes in the Work durlng construction. 5 1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rlghts-of-way, flnanclng or other costs which are the responsibility of the Owner as provided in Article 4 5.2 RESPONSIBILITY FOR CONSTRUCTION 5 2.1 Evaluations of the Owner's Project budget, preliminary estlmates of Construction Cost and detailed estimates of Construction Cost, If any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar w~th the constructlon ~ndustry. 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 determ~nlng b~d prlces, or over competltlve blddlng or market conditions. Accordingly, the Architect cannot and does not warrant or represent that blds w~ll not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluatlon prepared or agreed to by the Architect 5.2.2 No flxed llmlt of Construction Cost shall be established as a condition of th~s Agreement by the furnlshlng, proposal or establishment of a Project budget, unless such flxed limlts has been agreed upon ~n wrltlng and signed by the partles PAGE 12 thereto. If such a fixed llmlt has been established, the Archltect shall be permitted to include contlngencles for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be lncluded ~ the Contract Documents, to make reasonable adjustments in the scope of the Pro3ect and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit Fixed llmlts, if any, shall be lncreased in the amount of an lncrease in the Contract Sum occurrlng after execution of the Contract for Constructlon. 5.2.3 If the Bidding Phase has not commenced within ninety (90) days after the Archltect submits the Constructlon Documents to the Owner, any Project budget or f~xed l~m~t of Constructlon Cost shall be adjusted to reflect changes in the general level of prlces in the construction industry between the date of subm~sslon of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5 2 3) is exceeded by the lowest bona fide bid, the Owner shall' 1. glve wrltten approval cf an lncrease in such fixed limit; 2. authorize reblddlng or renegotlatlng of the Project within a reasonable time; 3. if the Project is abandoned, terminate in accordance with Paragraph 7 3; or 4. cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4 4 the Archltect, w~thout additional charge, shall modify the Contract Documents as necessary to comply with the fixed limit, at the Architect's sole cost and expense in accordance with Clause 2.5.2 The modification of Contract Documents shall be the llm~t of the Architect's responslblllty arising out of the establishment of a fixed l~mit. The Archltect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Constructlon Phase ls commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6 1 The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the PAGE 13 Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's 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 or for completion of this Project by others, unless the Project, or any phase thereof, of the Project is complete, Architect is in default of this Agreement, or this Agreement ~s terminated, at which time such documents become property of the City of Denton which allows Owner freedom to use such documents 6 2 Submlsslon or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Architect's reserved rights. ARTI~E 7 TERMINATION, SUSPENSION OR ABANDONMENT 7 1 This Agreement may be terminated by elther party upon not less than seven (7) days' written notice should the other party fall substantially to perform in accordance wlth the terms of this Agreement through no fault of the party initiating the termination 7.15 The City of Denton may terminate This Agreement after the completion of each basic service phase, as set forth in Artlcle 10.1 2 hereof, upon written notice to the Architect 7.2 If the Project is suspended by the Owner for more than thirty (30) consecutive days, the Archltect shall be compensated for services performed prlor to notice of such suspension When the Project is resumed, the Architect's compensation shall be equitably adjusted to provide for expenses ~ncurred in the interruption and resumptlon of the Architect's services. 7 3 Thls Agreement may be terminated by the Owner upon not less than seven (7) days' written notice to the Architect in the event that the Project is permanently abandoned If the Project is abandoned by the Owner for more than nlnety (90) consecutive days, the Archltect or the Owner may terminate th~s Agreement by glvlng written notice. 7 4 Fallure of the Owner to make payments to the Archltect in accordance with thls Agreement shall be consldered substantial nonperformance and cause for termination PAGE 14 7.5 If the Owner falls to make payment to Archltect wlthln thlrty (30) days of receipt of a statement for services properly performed, the Architect may, upon seven (7) days' wrltten notice to the Owner, suspend performance of services under thls Agreement Unless payment in full ls recelved by the Architect withln seven (7) days of the date of the notice, the suspension shall take effect w~thout further not,ce. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspenslon of services. 7.6 In the event of termination not the fault of the Architect, the Archltect shall be compensated for services properly performed prior to termination. ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Th~s Agreement shall be governed by the laws of the State of Texas 8.2 Terms In thls Agreement shall have the same meanlng as those ~n AIA Document A201, General Conditions of the Contract for Construction, current as of the date of th~s Agreement 8.3 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatlves of such other party with respect to all covenants of this Agreement Nelther Owner nor Architect shall assign th~s Agreement without the written consent of the other. 8.4 Th~s Agreement represents the entlre and integrated agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either written or oral. Thls Agreement may be amended only by wrltten ~nstrument s~gned by both Owner and Architect. 8.5 Nothing contained ~n th~s Agreement shall create a contractual relationship with or a cause of actlon In favor of a thlrd party agalnst either the Owner or Architect. 8.6 Unless otherwlse provided in this Agreement, the Architect and Archltect's consultants shall have no responsibility for the discovery, presence, handling, removal or d~sposal of or exposure of persons to hazardous materials in any form at the Project s~te, including but not limited to asbestos, asbestos products, polychlorinated b~phenyl (PCB) or other toxic substances, provided, however, Archltect shall have the responsibility to and shall report to the OWner the location of any hazardous material PAGE 15 that an Architect of similar skill and expertise should have noticed. 8.7 Upon receipt of prior wrltten approval of Owner, the Architect shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the promotional materials for the Project 8.8 Architect shall have knowledge ~n, experience in, and willing to participate/conduct in partnering construction. Partnering construction is defined as: "a long-term commitment between two or more organizations for the purpose of achieving speclflc business objectives by maximizing the effectiveness of each participant's resources. The relationship is based on trust, dedication to common goals, and an understandlng of each other's individual expectations, values, roles and responsibilities." 8.9 The Owner shall have the right to review and approve personnel assigned to specific roles ~n the performance of this project. Architect agrees that this is a personal services contract and that the key persons who shall be performing most of the work shall be Lyle Burgln and Lou Wolf But, with Owner's permission, Architect may use other qualified and competent members of their firm to perform the work ARTICLE 9 PAYMENTS TO THE ARCHITECT 9.1 DIRECT PERSONNEL EXPENSE 9.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Pro]ect 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, ~nsurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 9.2 REIMBURSABLE EXPENSES - NEED TO BE PRE-APPROVED 9.2.1 Reimbursable Expenses are in addition to compensatlon for Basic and Additional Services and include expenses ~ncurred by the Architect and Architect's employees and consultants In the interest of the Project, as identified ~n the followlng Clauses PAGE 16 9 2.1 1 Expense of transportation in connection with the Project; expenses ~n connection with authorized out-of-town travel, long-distance communications; and fees paid for securing approval of authorities havlng ]ur~sdlctlon over the Project 9 2.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents 9 2.1.3 If authorlzed in advance by the Owner, expense of overtime work requiring higher than regular rates 9 2.1.4 Expense of renderlngs, models and mock-ups requested by the Owner. 9.2.1.5 Expense of addltlonal insurance coverage or limits, · nclud~ng professional liabll~ty ~nsurance, requested by the Owner in excess of that normally carrled by the Architect and Architect's consultants. 9.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 9.3.1 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed wlthln each phase of service, on the basis set forth in Subparagraph 10.2.2. 9 3 2 If and to the extent that the time lnltlally 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 ~n the manner set forth in Subparagraph 10 2 3 9.3.3 When compensation is based on a percentage of Constructlon Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portlons of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Subparagraph 10.2.2 based on (1) the lowest bona fide bid or (2) if no such bld or proposal ls received, the most recent preliminary estlmate of Constructlon Cost or detailed estlmate of Construction Cost for such portlons of the Project 9 4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses ~ncurred 9 5 PAYMENTS WITHHELD 9 5.1 No deductions shall be made from the Architect's compensatlon on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the PAGE 17 cost of changes in the Work other than those for which the Architect ls responsible. 9.6 ARCHITECT'S ACCOUNTING RECORDS 9 6.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multlple of Dlrect Personnel Expense shall be available to the Owner or the Owner's authorlzed representatlve for inspection and copying during regular business hours for three (3) years after the date of the final Certlflcate of Payment. ARTICLE 10 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows 10.1 BASIC COMPENSATION 10.1.1 FOR BASIC SERVICES, as described in Article 2, and any other servlces included in Article 11 as part of Basic Services, Baslc Compensation shall be the total amount of $67,150 00 with 5% retalnage held by the City. 10.1.2 Progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: · Phase II - DMC Phase I/City Hall Phase II · Phase I and II · Design and Development 20% $13,430 00 · Constructlon Documents 45% · Bidding 5% $-~3~3~0 · Phase I Construction 15% $I~0-/~0 · Phase II Constructmon 15% $~U-/~0 Total cost w~thout reimbursables $ 67,150 10.2 COMPENSATION FOR ADDITIONAL SERVICES (Not to exceed $7,000 00) 10.2 1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 2.2, compensation shall be computed as follows: On an hourly rate basis, based on Article 10.2 2 10.2.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as descrmbed in Articles 3 and 11, other than (1) Additional Project Representation, as descrlbed in Paragraph 3.2, and (2) services PAGE 18 Representation, as described in Paragraph 3 2, and (2) services included In Artlcle ll as part of Additional Services, but excluding servl¢es of consultants, compensation shall be computed as follows: Principals $125 00 per hour Sr. Project Manager $95 00 average hourly rate See Exhibit "A" 10.2.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, ~nclud~ng additional structural, mechanical and electrical englneerlng servlces and those provided under Subparagraph 3.4.16 or ldentlfled in Article 11 as part of Additional Services, a multlple of 1.1 t~mes the amounts billed to the Architect for such services 10.3 REIMBURSABLE EXPENSES (Not to exceed $7,000.00) 10.3.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 9.2, and any other ~tems ~ncluded ~n Article 11 as Reimbursable Expenses, a multiple of 1.1 times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project 10.4 ADDITIONAL PROVISIONS 10.4.1 IF THE BASIC SERVICES covered by this agreement have not been completed w~thln fourteen (14) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 9.3.3 and 10.2.2. 10.4.2 Architect may bill the City for hours expended every month, beglnning thirty (30) days after the Architect begins the work and the C~ty shall endeavor to pay the Archltect within thirty (30) days of receiving an invoice. However, the City shall not be obligated to pay more than 95% of the total contract price to Architect through monthly ~nvo~ces, untll Architect has completed all services required by thls Agreement 10.4.3 Payments are due and payable thirty (30) days from the date of the Architect's ~nvolce Amounts unpaid thirty (30) days after the involce date shall bear interest at the rate of one percent (1%) per month. Provided, however, Owner shall not be responsible for paying for any servlces which have not been satisfactorily performed in accordance with the terms and conditions of this contract and shall not be liable for any · nterest on such servlces. PAGE 19 ARTICLE ll OTHER CONDITIONS OR SERVICES 1. Insurance and Indemnification Architect shall maintain, at no expense to Owner, insurance coverage placed with companies rated at least B+/X by Best's Key Rating Gulde, including a professional liability policy in an amount not less than one million dollars ($1,000,000), including contractual liability coverage All applicable insurance pollcles shall name the Owner as additional insured and shall require the glvlng of written notice to Owner at least thirty (30) days prior to cancellation, non-renewal or material modification of any policies, evidenced by return receipt of United States Certified Mall. Architect shall furnish Owner copies of said policies or certificates of insurance Architect agrees to indemnify, hold harmless, and defend the city, 1ts officers, agents, and employees from and against any and all claims or suits for injuries, damages, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the Architect of those services contemplated by this Agreement, based upon allegations of negligent acts or omissions of Architect, its officers, employees and subcontractors. 2. Architects' work plan is attached hereto as Exhibit A 3. The parties agree that Ford, Carson & Powell will serve as a consultant to Corgan AssocIates Architects on the design and construction of City Hall. This agreement entered into as of the day and year first written above. CITY OF DENTON, TEXAS CORGAN ASSOCIATES ARCHITECTS OWNER ~ ARCHITECT BY: BY: ~-~ ~ J T~D BENAVIDES, CITY MANAGER PR~NCI-~A~ ' ~ PAGE 20 ATTEST: APPROVED AS TO LEGAL FORM: HERBERT PROUTY, CITY ATTORNEY / PAGE 21 PROPOSED SCOPE OF WORK DMC AND CITY H~LL RENOVATION PROJECT II 97/98 PROJECT II DMC/CITY HALL RENOV&TION DESIGN PHASE I/SCOPE OF WORK (DMC) Finish out approximately 7,000 sf for Customer Service (cashiering and tax) · Main building ADA entrance, two hallways - one leading to Human Resources and one leading to court/police (matching existing wood, ceiling, wall design) · New set of ADA restrooms · One new mechanical entry · New HVAC of existlng system (if possible/size chiller) · New entry counter space · Storage space for court records · Fire/eecurity/PAC system · Upgrade telephone system/T-cards · Complete furniture design implementation · Construct one Vision room - 1,800 ef DESIGN PHASE II/SCOPE OF WORK (CITY HALL O'NEIL FORD COMPLEX) · Finish out approximately 10,000 sf of office space · Wood/glass store front as O'Nell Ford · Move Administration Services upstairs · Finish out Legal Department · Modlfy two restrooms · One break room · Fire system - wet sprinklers/smoke detection · Easement ADA ramp · Removal of radio antenna · Complete furniture design implementation *Note: · Final furniture budget will be determined after construction design · Construction estimate/furniture estimate required in writing before bid · ADA State approval in writing before bid PAGE 22 HOLDER THIS CERTIFICATE DOE8 NOT AMEND, EXTEND OR 109'2~ ESTATE LANE ALTER THE COVERAGE AFFORDED BY THE POLJCIEE BELOW 8WTE 2~0 COMPANIES AFFORDING COVERAGE DALLAS, TX RI440~121E A DESIGN PROFEBSIONAL~ INSURANCE COMPANY DORQAN A~SOCIATES, INC B ~0t ELM STREET SUITE # 80O C DALLAS, TX COMP),.'( A FROFEBBIONAL PL?O064.1 12/11/96 12/11/99 $ 2,000,000 PER CLAIM/ UABIUTY ANNUAL AGGRBGATE THE CLAIMS MADE PROFESSIONAL IJABJUTY COVERAGE 18 THE TOTAL AGGREGATE LIMIT FOR ALL CLAIMS PRESENTED WITHIN THE FOUCY PERIOD AND IS SUBJECT TO A DEDUCTIBLE CITY OF DENTON Al'TN MR TOM 8HAW OR JODY FAX #817t~1-T~00 91o B TEXAS STREET OITY of DENTON, TEXAS MUNICIPAL BUILDING · 21,5 E. McKINNEY , DENTON, TEZAS 76201 (817) 566.8200 · DFW METRO 4.34.2529 MF~ORANDUM TO Tom Shaw, Purchasing Agent FROM Bruce Henzngton, Facilities Management DATE April 30, 1997 SUBJECT: Hiring of architect for Project II/Denton Munxclpal Complex/City Hall As you are aware, this project will complete the west w~ng of the C~ty Hall, add a new main entry in the Denton Munxc~pal Complex and renovate space in order to move Customer Service to the Denton Mun=c~pal Complex The Facility Management group is recommending the hxr~ng of Corgan Associates, Inc , for the architectural support ~n order to beg~n Pro]ecU II funded in the 97/98 CIP We are recommending Corgan for the following reasons · Corgan ~s familiar with the O'Ne~l Ford desxgn and has already pre-designed the City Hall west w~ng w=th the assistance of Boone Powell & Associates · Corgan's fee is 7.4% of the budgeted pro]ect, well wxth~n the ~uzdellnes suggested in a study by the Society of Archxtects (a study used durzng the CIP process to set m~n~mum and n~ximum architectural fees) · Corgan continues to provide a h~gh degree of profess~onalxsm and has a good working relatzonshzp w~th the C~ty Council Renovation Con~nittee and City of Denton departments · Corgan completed the Jail, Police, Courts, Human Resources and Informat=on Services phase of the Denton Mun~czpal Complex and zs very lam=liar with the structure and mechanxcal systems w~thxn that building "Dedicated to Qualtty Servtce" 27 Hiring of architect for Project II/DMC/CH May 2, 1997 Page Two Our goal is to con~lete the deslgnand go to bid ~n September 1997 If successful we w~ll present the construc=~on contracts to the City Council in October or November 1997 The funding for these professional services comes out of 96/97 One- Time Budge~ account #457-032-Bldg-9718-9101. If you have any quest=ons, please contact me at 8134 Attachments 3758 fm GITY UI- Oli!NTON, TEXA~ii 901-6 TEXAS STREET DENTON TX 76201 ' PO NUMBER PURCHASE ORDER DATE/VENDOR NO OOCIJMENT 75357 05-20-97 C38 COR31000 VENDOR SHIP TO CORGAN ASSO[CATES CONFIRMATION ONLY C38 501 ELM STREET FACILITY MGMT SUITE 500 604 E HICKORY DENTON TX 76201 DALLAS TX 75202 ITEM ACCOUNT NUMBER UNITS NUMBB ~SCRI~ION BID NO LINE AMOL%T O1 457 032 BLDG 9718 9101 0.00 BASIC ARCHITECTURAL SERVICES 67,150 OC FOR PROdECT I! DMC/CITY HALL DESIGN, BID AND CONSTRUCTION 02 457 032 BLOG 9718 9101 0.00 RE[BBURSABLES - NOT TO EXCEED 7,000 OC TOTAL FOR P.O. : 74,150 O0 The City of Denton, TexasI ~s tax exempt-House 6111 No 20 Reference PO Number on ,all B/L, Shipments and Invoioee, ,Shipments are F.O,B City Of Denton, or as md~oated By Purchasing §ivls~on R.R Number Items Received Date Voucher Number Amount IT PURCHASING 29