1997-321 ORDINANCE NO /
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY
OF DENTON AND $cI-nlICKEL, ROLLINS AND ASSOCIATES, INC.; AND PROVIDING
AN EFFECTIVE DATE (RFSP # 2077 - UPGRADE EXISTING PARKS PHASE II).
WHEREAS, Chapter 2254 of the Texas Government Code, known as the Prefesstonal
Services Procurement Act, provides that a C~ty may not select a provtder of professtonal servtces
on the bas~s of compet~ttve btds but on the basts of demonstrated competence and quahficatton and
for a fmr and reasonable price, and
WHEREAS, the professtonal fees under the proposed contract are conststent w~th and not
higher than the recommended practices and fees pubhshed by the apphcable professtonal assoctatlon
and do not exceed an maximum provtded by law, and
WHEREAS, the City Counctl has prowded m the C~ty Budget for the appropnaUon of funds
to be used for the purchase of the sennces set forth in the proposed contract, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SRCTION I. That the Ctty Manager ~s hereby authorized to execute on behalf of the Cay
of Denton, Texas, a professtonal sermces contract, substantmlly the same as the contract which ts
attached hereto and made a part hereof for all purposes, that provtdes servtces relaUng to
Architectural and Engineering Services as defined in Request for Sealed Proposal #2077 -
Upgrade of Existing Parks Phase II, vnth Sehriekel Roihns and Assoctates, Inc. in the amount
of $42,875.00.
SECTAO3[_[L That the award ofth~s contract ~s on the basts of demonstrated competence
and quahficaUons of the prowder of prefesstonal services under tins contract and the abdtty of such
provtder to perform the needed servtces for a fatr and reasonable pnce
SRCTION 111. That this ordinance shall become effecUve unmedmtely upon tts passage and
approval
PASSED AND APPROVED th, s the 4~'--~ day of ~.2~ 1997
JACK MILLER, MAYOR
I
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2
DATE, NOVEMBER 4, 1997
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Kathy DuBose, Assistant City Manager of Finance
SUBJECT AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL
AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS,
EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN
EFFECTIVE DATE. ( RFSP #2077 - UPGRADE EXISTING PARKS PHASE II)
RECOMM-ENDATION: We recommend the contract for architectural services associated with the
Upgrade of Existang Parks Phase II be awarded to Schnckel, Rollins and Associates, Inc m the not
to exceed amount of $42,875 00
~ Tbas contract is for professional services to supply survey, design, construction
documents, bid admlmstratlon and construction administration for upgrade to Bowling Green Park,
O'Nefl Ford Cavlc Center Complex and Nettle Sehultz Park Included are hghtmg, aceesslblhty, picnic
shelters, play structures, site furmture, paths, slgnage, landscaping and irrigation The schedule
completion as as follows
A Design completion December, 1997
B Open for play September, 1998
The portion of thru contract mvolvmg the O'Nefl Ford Civic Center Complex will anclude only the
design aad construction of the pedestrian bridge between the L~brary and the Civic Center
Construction m scheduled for completion in early April of 1998 The bridge project is the primary
activity involving the Civic Center Park area and will have httle impact on other existing facflmes
PROGRAMS.. DEPARTMENTS OR GROUPS AFFECTED~' Parks Department and Cmzens
utlhzlng the hsted park areas
FISCALiIMPACT. Funds for this project will come from 1997/98 CIP Funds
Attachment Last of Respondents
Respectfully submitted
Assistant City Manager of Finance
Name Tom D Shaw, C P M
T~tle Purchasmg Agent
948 AGENDA
3
RFSP # 2077
UPGRADE EXISTING PARKS PHASE II
FIRMS SUBMITTING PROPOSALS
1. Schrickel, Rollins and Associates, Inc
Arlington, Texas
2 Mesa Design Group
Dallas, Texas
3. Ford, Powell & Carson, Inc
San Antonio, Texas
4 Talley-Dawson
Dallas, Texas
5 Dunlin, Sims, Stoffels, Inc
Dallas, Texas
6. De Jean & Associates
Dallas, Texas
7 Carter-Burgess
Fort Worth, Texas
4
A~REEMENT FOR ARCHITECTURAL SERVICES
This Agreement made as of the ~ day of .~/~f ,
1997 between the City of Denton, Texas, hereinafter referred to as
"Owner", and Schrickel, Rollins & Assoc , Inc , hereinafter
referred to as "Architect" for the following Project Upgrade
Existing Parks Phase II The Owner and Architect agree ~s set
forth below
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1.1 ARCHITECT'S SERVICES
1.1.1 The Architect's services consist of those services per-
formed 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 exped-
itiously as is consistent with the level of care and skill
ordinarily used by member of the architect profession and
practice, both public and private, under similar circumstances at
the same time and in the Dallas/Fort Worth region, including
reasonable informed judgments and prompt, t~mely action 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 Time l~mlts 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
1.1.3 The services covered by this Agreement are subject 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 Basic Services consist of those de-
scribed 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
2.2 SCHEMATIC DESIG~ PHASE
2.2,.1 The Architect, in consultation with the Owner, shall
develop~ a written program for the Project to ascertain Owner's
needs a~d 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 l~mlta-
tlons 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 Pro3ect
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 relation-
ship 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 Pro3ect and estab-
lishes an elapsed time factor for the period of t~me from the
commencement to the completion of construction
2.3 CONSTRUCTION DOCUMENTS PHASE
2.~.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 ~repare, for approval by the Owner, Construction Documents
consisting of Drawings 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 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
2.3.3 The Architect shall advise the Owner of any adjustments
to previous preliminary estimates of Construction Cost ~ndlcated
by changes in requirements or general market conditions
2~3.4 The Architect shall assist the Owner in connection with
the O~ner's responsibility for filing documents required for the
approval of governmental authorities having 3urlsdlct~on over the
Pro3ect
2.3.5 Notwithstanding Owner's approval of the documents,
Architect represents that the documents and specifications
provmde~ by Archmtect will be suffmcment and adequate to fulfmll
the purposes of the Project Archmtect warrants that it wmll
exercise reasonable skmll, care, and dmlmgence mn the performance
of mts, services and wmll carry out mts responsmbmlmtmes mn
accordance with customarmly accepted Texas professional standards
2.4 BIDDING
2.4.1 The Archmtect, followmng the Owner's approval of the
Constructmon Documents and of the latest prelmmmnary detailed
estmma~e of Constructmon Cost, shall assmst the Owner mn obtalnmng
bmds and assmst mn awardmng and preparing contracts for construc-
tmon
2.4.2 If the lowest bmd for the constructmon of the Pro]ect
exceeds the total construction cost of the Project as set forth mn
the approved Detamled Statement of Probable Constructmon Costs of
the Project submmtted by the Archmtect, then the Archmtect, at 1ts
sole cost and expense, wmll revmse the Construction Documents as
may be required by the Cmty to reduce or modmfy the quantmty or
qualmty of the work so that the total construction cost of the
Pro]ect wmll not exceed the total construction cost set forth mn
the approved Detailed Statement of Probable Constructmon Costs
2.$ CONSTRUCTION PHASE - ADMINISTHATION OF THE CONSTRUCTION
CONTRACT
2.5.1 The Archmtect's responsmb~l~ty to provmde Basmc Ser-
vmces for the Constructmon Phase under thms Agreement commences
with the award of the Contract for Construction and terminates at
the lslsuance to the Owner of the final Certmfmcate for Payment,
unless extended under the terms of Subparagraph 9 3 2
2 5.2 The Archmtect shall provmde admmnmstratmon of the
Contract for Constructmon as set forth below and mn the edmtmon of
AIA dQcument A201, General Condmtmons of the Contract for Con-
struct~on, current as of the date of thms Agreement, unless other-
wmse ptovmded mn thms Agreement
2.5.3 Constructmon Phase duties, responsmb~lltmes and llmlta-
t~ons of authormty of the Archmtect shall not be restricted, modl-
fmed or extended wmthout wrmtten agreement of the Owner and Archi-
tect
2.5.4 The Architect shall be a representatmve of and shall
advmse and consult w~th the Owner (1) durmng constructmon, and (2)
at the Owner's dlrectmon from tmme to time durmng the correctmon,
or warranty permod descrmbed in the Contract for Constructmon
The to the extent provmded mn thms Agreement unless otherwmse
modmf~ed by wrmtten mnstrument
2.5.5 The Archmtect shall observe the constructmon smte as
requmred by the Owner, to become fammllar wmth the progress and
qualmty of the Work completed and to determine mf the Work is
being performed mn a manner lndmcatmng that the Work when
completed will be in accordance wmth the Contract Documents
Architect shall provide Owner a written report subsequent to each
on-smte visit On the basis of on-site observatmons as an archm-
tect, the Archmtect shall keep the Owner informed of the progress
and quality of the Work, and shall exercmse the utmost care and
dmlmgence mn dmscovermng and promptly reportmng to the Owner any
defects or deflczencles zn the work of Contractor or any subcon-
tractors The Archmtect represents that he wmll follow
professional standards mn performmng all services under thms
Agreement The Architect shall promptly correct any defective
designs or specmfmcatmons furnmshed 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 Archmtect's servmces hereunder or of
the Project itself shall mn no way alter the Archmtect's
oblmgatlons or the Owner's rmghts hereunder
2.5.6 The Archmtect shall not have control over or charge of
and shall not be responsible for constructmon means, methods,
technmques, sequences or procedures, or for safety precautmons and
programs in connectmon wzth the Work The Architect shall not be
responszble for the Contractor's schedules or failure to carry out
the Work in accordance wmth the Contract Documents except mnsofar
as such failure may result from Architect's neglmgent acts or
ommssmons The Archmtect shall not have control over or charge of
acts or ommss~ons of the Contractor, Subcontractors, or their
agents or employees, or of any other persons performing portions
of the Work
2.5.7 The Architect shall at all times have access to the
Work wherever it ~s in preparatmon or progress
2.5.8 Except as may otherwmse be provided mn the Contract
DocumeNts or when dmrect communlcatmons have been specially
authorized, the Owner and Contractor shall communmcate through the
Archmtect Communmcatmons by and wmth the Archmtect's consultants
shall be through the Architect
2.5.9 Based on the Architect's observatmons at the site of
the work and evaluations of the Contractor's Applzcatmons for
Payment, the Architect shall revmew and certmfy the amounts due
the Contractor
2.5.~0 The Archmtect's certmfmcatmon for payment shall
constmtute a representatmon to the Owner, based on the Architect's
observations at the site as provided mn Subparagraph 2 6 5 and on
the data comprmsmng the Contractor's Appl~catmon for Payment, that
the Work has progressed to the pomnt lndmcated and that the
quality of the Work is in accordance with the Contract Documents
The foregoing representatmons are subject to mmnor devlatmons
from the contract Documents correctable prmor 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 ~s 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
2.5.11 The Architect shall have the responsibility and
authority to reject Work which does not conform to the Contract
Documents Whenever the Archltect considers ~t necessary or
advisable for implementation of the intent of the Contract Docu-
ments, the Architect will have authority to require additional
inspection or testing of the Work in accordance with the pro-
visions of the Contract Documents, whether or not such Work is
fabricated, Installed or completed However, neither this
authority of the Architect nor a dec.sion 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.$.12 The Architect shall review and approve or take other
appropriate action upon Contractor's submittals such as Shop Draw-
lngs, Product Data and Samples for the purpose of (1) determining
compliance with applicable laws, statutes, ordinances and codes,
and (2) determining whether or not the Work, when completed, will
be in compliance with the requirements of the Contract Documents
The Architect shall act with such reasonable promptness to cause
no delay in the Work or in the construction of the Owner or of
separate contractors, while allowing sufficient time in the
Architect's professional judgment to permit adequate review
Review of such submittals is not conducted for the purpose of
determining the accuracy and completeness of other details such as
dimensions and quantities or for substantiating instructions for
installation or performance of equipment or systems designed by
the Contractor, all of which remain the responsibility of the
Contractor to the extent required by the Contract Documents The
Architect's review shall not constitute approval of safety
precautions or, unless otherwise specifically stated by the
Architect, of construction means, methods, techniques, sequences
or procedures The Architect's approval of a specific item shall
not indicate approval of an assembly of which the item is a
component When professional certification of performance
characteristics of materials, systems or equipment is required by
the Contract Documents, the Architect shall be entitled to rely
upon such certification to establish that the materials, systems
or equipment will meet the performance criteria required by the
Contract Documents
2.$.13 The Architect shall prepare Change Orders and Con-
struct~on 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, and may authorize minor
changes in the Work not involving an adjustment in the Contract
Sum or an extension of the Contract Time which are not
inconsistent with the intent of the Contract Documents
2.5.14 On behalf of the Owner, the Architect shall conduct
observations to determine the dates of Substantial Completion and
Final Completion, and shall lssue 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 certlflcate for Payment upon compliance with the
requirements of the Contract Documents
2.5.15 The Architect shall interpret and provide recommenda-
tions on matters concerning performance of the Owner and Con-
tractor under the requirements of the Contract Documents on
written request of either the Owner or Contractor The Archi-
tect's response to such requests shall be made with reasonable
promptness and wlth~n any tlme limits agreed upon
2.5.16 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 draw-
lngs When making such ~nterpretatlons 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 ~n good faith in accor-
dance with all the provisions of this Agreement and in the absence
of negligence
2.S.17 The Architect shall render written decisions within a
reasonable time on all claims, d~sputes or other matters in ques-
tion between the Owner and Contractor relating to the execution or
progress of the Work as provided in the Contract Documents
2.5.18 The Architect (1) shall render services under the
Agreement in accordance w~th professional standards prevailing in
the Dallas-Fort Worth metroplex area, (2) will reimburse the Owner
for all damages caused by the defective designs the Architect
prepares, and (3) by acknowledging payment by the Owner of any
fees due, shall not be released from any rights the Owner may have
under the Agreement or diminish any of the Architect's obligations
thereunder
2.5.19 The Architect shall provide the Owner with one (1)
diskette in Auto CAD format showing all significant changes to the
Construction Documents during the Construction Phase
ARTICLE 3
ADDITIONAL SERVICES
3.1.1 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 de-
scribed 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 Servlces 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 ~s
described in Subparagraph 2 6 5 is required, the Architect shall
provide one or more Pro]ect Representatives to assist in carrying
out such additional on-site responsibilities
3 2.2 Pro]ect 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 Prelect
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
1 Inconsistent with approvals or Instructions pre-
vlously given by the Owner, including revisions made
necessary by adjustments in the Owner's program or
Prelect budget,
2 required by the enactment or revision of codes, laws
or re~ulatlons 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 t~mely manner
3.3.2 Providing services required because of significant
changes in the Project including, but not limited to, size, qual-
ity, complexity, the Owner's schedule, or the method of bidding
and contracting for construction, except for services required
under Subparagraph 2 5 2
3.3.3 Preparing Drawings, Specifications and other documenta-
tion and supporting data, and providing other services in connec-
tion 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 ma]or 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
claims submitted by the Contractor or others in connection with
the Work
3.$.7 Providing services in connection with a public hearing,
arbitration proceeding or legal proceeding except where the Archi-
tect is party thereto
3.3.8 Preparing documents for alternate, separate or sequen-
tial bids or providing services in connection with bidding or
construction prior to the completion of the Construction Documents
Phase
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibility or other special stud-
les
3.4.2 Providing planning surveys, site evaluations or compar-
ative studies of prospective sites
3.4.3 Providing special surveys, environmental studies and
submissions required for approvals of governmental authorities or
others having jurisdiction over the Project
3.4.4 Providing services relative to future facilities, sys-
tems and equipment
3.4.5 Providing services to investigate existing conditions
or facilities or to make measured drawings thereof
3.4.6 Provld~ng services to verify the accuracy of drawings
or other information furnished by the Owner
3.4.7 Providing coordination of construction performed by
separate contractors or by the Owner's own forces and coordination
of services required in connection with construction performed and
equipment supplzed by the Owner
3.4.8 Provldlng servlces in connection w~th the work of a
construction manager or separate consultants retained by the
Owner
3.4.9 Providing detailed quantity surveys or ~nventor~es of
mater~al, equipment and labor
3.4.10 Providing analyses of owning and operating costs
3.4.11 Maklng investigations, ~nventor~es of materials or
equzpment, or valuations and detailed appraisals of existing
facll~tles
3.4.12 Providing assistance in the utilization of equipment
or systems such as testing, adjusting and balanclng, preparatlon
of operatlon and maintenance manuals, training personnel for
operation and maintenance and consultation during operation
3.4.1$Provldlng lnterlor design and s~m~lar services required
for or in connection with the selection, procurement or Installa-
tion of furniture, furnishings and related equipment
3.4.14 Providing services other than as provided zn Section
2 6 4, after ~ssuance to the Owner of the f~nal Certificate for
Payment and expiration of the Warranty per~od of the Contract for
Construction
3.4.15 Providing services of consultants for other than
architectural, structural, mechanical and electrical engineering
portions of the Project provided as a part of Basic Servzces
3.4.16 Providing any other services not otherwise included in
this Agreement or not customarily furnzshed ~n accordance w~th
generally accepted architectural practice
3.4.~7 Preparing a set of reproducible record drawings
showing significant changes ~n the Work made during construction
based ,on marked-up prints, drawzngs and other data furnished by
the Contractor to the Architect (This zs for drawings prepared
in addition to those specified ~n Section 2 6 19 )
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult w~th the Architect regardzng re-
quirements for the Project, ~nclud~ng (1) the Owner's objectives,
(2) schedule and design constraints and criteria, lncludzng space
requirements and relationships, flexibility, expendability,
special equipment, systems and site requirements, as more specl-
flcally descrlbed in Paragraph 2 2 1
4 2 The Owner shall establish and update an overall budget
for the Project, lncludlng 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 obligations under th~s Agreement
4.4 The Owner shall deslgnate a representative authorized to
act on the Owner's behalf wlth respect to the Project The Owner
or such authorized representative shall render decIsions ~n a
timely manner pertaln~ng to documents submitted by the Architect
· n order to avoid unreasonable delay ~n the orderly and sequential
progress of the Architect's services
4.5 The Owner shall furnlsh surveys describing physical char-
acterlstlcs, legal limitations and utility locations for the s~te
of the Pro3ect, and a written legal description of the site The
surveys and legal ~nformat~on shall include, as applicable, grades
and l~nes of streets, alleys, pavements and ad3olnlng property and
structures, adjacent drainage, r~ghts-of-way, restrictions, ease-
ments, encroachments, zoning, deed restrictions, boundaries and
contours of the s~te, locatlons, dimensions and necessary data
pertaining to ex~st~ng buildings, other ~mprovements and trees,
and ~nformat~on concerning available utility services and lines,
both public and private, above and below grade, ~ncludlng ~nverts
and depths All the Information on the survey shall be referenced
to a pro3ect benchmark
4.6 The Owner shall furnish the services of geotechn~cal
engineers when such servlces are requested by the Architect Such
services may include but are not l~m~ted to test borings, test
pits, determinations of so~l bearing values, percolation tests,
evaluations of hazardous materials, ground corrosion and resisti-
vity tests, ~nclud~ng necessary operations for anticipating
sub-so~l conditions, with reports and appropriate professional
recommendations
4.6.1 The Owner shall furnish the services of other consul-
tants when such services are reasonably required by the scope of
the Pro3ect and are requested by the Architect and are not re-
tanned by the Architect as part of its Baslc Services
4.7 The Owner shall furnish structural, mechanical, chemical,
air and water pollutIon tests, tests of hazardous materials, and
other laboratory and envlronmental tests, ~nspect~ons and reports
required by law or the Contract Documents
4.8 The Owner shall furnish all legal, accounting and insur-
ance aounsellng services as may be necessary at any t~me for the
Project, ~nclud~ng 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 ac-
curacy and completeness thereof in the absence of any negligence
on the part of the Architect
4.10 The Owner shall give prompt written notice to the Archi-
tect if the Owner becomes aware of any fault or defect in the Pro-
]ect or nonconformance with the Contract Documents
4.11 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
5.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or esti-
mated cost to the Owner of all elements of the Project designed or
specified by the Architect
5.1.2 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 con-
t~ngencles shall be included for market conditions at the time of
bidding and for changes in the Work during construction
5.1.3 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 responsi-
bility 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
estimates of Construction Cost and detailed estimates of Construc-
tion Cost 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 bmd
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 Constructlon Cost or evaluation prepared
or agreed to by the Architect
5.2.2 No fixed limit of Construction Cost shall be estab-
lished as a condition of this Agreement by the furnishing, pro-
posal or establishment of a Project budget, unless such fixed
limit has been agreed upon in writing and s~gned by the parties
thereto If such a fixed limit has been established, the Archi-
tect shall be permitted to include contingencIes for design, bid-
ding 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 f~xed limit
F~xed limits, if any, shall be increased in the amount of an
increase in the Contract Sum occurring after execution of the
Contract for Construction
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
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6 I The Drawings, Specifications and other documents prepared
by the Architect for this Project are ~nstruments of the Archi-
tect'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 cop~es, including reproducible
cop~es, 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 pro]ects for additions to this
Project or for completion of this Pro3ect by others, unless th~s
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 similar purposes in connection with
the Project is not to be construed as publication in derogation of
the Architect's reserved rights
ARTICLE 7
TERMINATION, SUSPENSION OR ABANDONMENT
7.1 Architect may terminate this Agreement upon not less than
thirty days written notice should the Owner fall 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 thirty (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 Ail plans, field surveys,
and other data related to the Pro~ect shall become property of the
Owner upon termination 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
7.2 If the Pro3ect 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 Architect's compensation shall be equitably ad]usted
to provide for expenses incurred in the interruption and resump-
tion of the Architect's services
7.~ This Agreement may be terminated by the Owner upon not
less than seven days written notice to the Architect in the event
that the Pro3ect 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 falls 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 Owtler, suspend performance of services under this Agreement
Unlessl Architect receives payment in full within seven (7) days of
the date of the notice, the suspension shall take effect without
furthe~ 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
7.16 In the event of termination not the fault of the Archi-
tect, the Architect shall be compensated for services properly
performed praor to termination
ARTICL~ 8
MISCELLANEOUS PROVISIONS
8.1 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 Condltaons of the Contract for
Construction, current as of the date of thas 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 representatives of such other party with respect
to all covenants of this Agreement Neither Owner nor Architect
shall assign thas Agreement without the wratten consent of the
other
8.4 This Agreement represents the entire and integrated
agreement between the Owner and ArchItect and supersedes all prior
negotlataons, representataons or agreements, either written or
oral Thas Agreement may be amended only by written instrument
sagned by both Owner and Architect
8 5 Nothing contained in this Agreement shall create a con-
tractual relationship with or a cause of action in favor of a
third party against either the Owner or Archatect
8.~ Unless otherwise provided an this Agreement, the Archi-
tect and Architect's consultants shall have no responslbalaty for
the discovery, presence, handling, removal or d~sposal of or
exposure of persons to hazardous materials an any form at the
Project sate, including but not limited to asbestos, asbestos
products, polychlorlnated blphenyl (PCB) or other toxic
substances, provided, however, Archatect shall have the respon-
sibility to and shall report to the Owner the location of any
hazardous material that an architect of similar skall and
expertise should have notaced
8.7 Upon receipt of praor wratten approval of Owner, the
Architect shall have the right to include representations of the
design of the Project, including photographs of the exterior and
lnteraor, among the Architect's promotional and professional
materials The Architect's materials shall not include the
Owner's confidential or proprietary ~nformataon if the Owner has
previously advised the Architect an wratlng of the specafac lnfor-
mataon considered by the Owner to be confadentlal or proprietary
The Owner shall provide professional credit for the Architect on
the construction sign and an the promotional materials for the
Project
ARTICLE 9
PAYMENTS TO THE ARCHITECT
9.1 DIRECT PERSONNEL EXPENSE
9.1.1 Direct Personnel Expense is defined as the direct sala-
ries 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, insurance, sick leave, holidays,
vacations, pensions and similar contributions and benefits
9.2 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 Architect's employees and consultants in the
interest of the Pro~ect, as identified in the following Clauses
9.2.1.1 Expense of transportation in connection with the Pro-
3ect, expenses in connection with authorized out-of-town travel,
long-distance communications, and fees paid for securing approval
of authorities having ~urlsdlctlon over the ProDect
9.2.1.2 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
9.2.1.3 If authorized in advance by the Owner, expense of
overtime work requiring higher than regular rates
9.2.1.4 Expense of renderings, models and mock-ups requested
by the Owner
9 2.1.5 Expense of computer-aided design and drafting
equipment time when used in connection with the Project
9.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
9.3.1 Payments for Basic Services shall be made monthly and,
where applicable, shall be in proportion to services performed
within each phase of service, on the basis set forth in Subpara-
graph 10 2 2
9.3.2 If and to the extent that the time initially estab-
lished 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
9.3.3 When compensation is based on a percentage of Con-
structlon Cost and any portions of the Pro3ect are deleted or
otherwise not constructed, compensation for those portions of the
Project shall be payable to the extent services are performed on
those portions, in accordance with the schedule set forth in Sub-
paragraph 10 2 2 based on (1) the lowest bona fide bid or (2) ~f
no such bid or proposal is received, the most recent preliminary
estimate of Construction Cost or detailed estimate of Construction
Cost for such portions of the Project
9.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
9.4.1 Payments on account of the Architect's Additional Ser-
vices and for Reimbursable Expenses shall be made monthly upon
presentation of the Architect's statement of services rendered or
expenses incurred
9.5 PAYMENTS WITHHELD
9.5.1 No deductions shall be made from the Architect's com-
pensation 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 ~s
responsible
9.6 ARCHITECT,S ACCOUNTING RECORDS
9.6.1 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 inspec-
tion a~d 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
10.1 BASIC COMPENSATION
10.1.1 FOR BASIC SERVICES, as described in Article 2, and any
other services included in Article 11 as part of Basic Services,
Basic Compensation shall not exceed the amounts set forth in the
attached Exhibit "A", which is made a part of this document for
all purposes
10.1.2 Progress payments for Basic Services in each phase
shall total the following percentages of the total Basic Compen-
sation payable
· Basic Design Services
o Schematic Design Phase 30%
o Construction Documents Phase 60%
o Bidding Phase 10%
o Total Design Services Basic
Compensation 100%
· Construction Phase Services Lump sum per
Exhibit "A"
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 as
follows Hourly Invoice Method
10.2.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in
Articles 3 and 11, other than (1) Additional Project Representa-
tion, 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 $ 110 per hour
Associates 75 per hour
Technical Staff 50 per hour
Clerical Staff 35 per hour
10.2.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including
additIonal structural, mechanical and electrical engineering ser-
vices and those provided under Subparagraph 3 4 16 or identified
in Article 11 as part of Additional Services, a multiple of i 1
t~mes the amounts billed to the Architect for such services
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 1 1 times the expenses incurred by the
Architect, the Architect's employees and consultants in the
interest of the Pro3ect
10.4 ADDITIONAL PROVISIONS
10.4.1 IF THE BASIC SERVICES covered by this agreement have
not been completed within one calendar year of the date of
execution hereof, through no fault of the Architect, extension of
the A~chltect'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 forty-five (45) days from
the date of the Architect'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
11.1 Architect shall maintain, at no expense to Owner, a pro-
fesslonal liability (errors and omissions) insurance policy placed
with a company rated at least B+/X by Best's Key Rating Guide,
authorized to do business in Texas, in an amount not less than one
mlll~on dollars ($1,000,000) Such policy shall name the Owner as
additional insured and 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 Mall Architect shall furnish
Owner with copies of said policies or certificates evidencing such
coverage
11.2 Architect agrees to indemnify, hold harmless, and defend
the City, at Architect's cost, its officers, agents, and employees
from and against any and all claims or suits for ~n]urles, dam-
ages, 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, caused by negligent
acts or omissions of Architect, its officers, agents, employees,
consultants and subcontractors
This Agreement entered into as of the day and year first written
above
CITY OF DENTON, TEXAS, SCHRICKEL, ROLLINS & ASSOC ,
INC
OWNER ARCH~ICT ~
T~D'BENAVIDES, CITY MANAGER - --/
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY AT/TORNEY
e \docs \k\schricke
Exhibit "A" Compensahon
Upgrade Existing Parks Phase II
Topographic Survey $5,000 O0
(approximately 1 acre per s~te for 3 s~tes)
Basic Servmces* $23,600 O0
Design Services through B~dd~ng $17,900
Construction Phase Services* $5,700
(Allowance - hourly, not to exceed $5,700)
Remmbursables
Pnntmg costs for construction documents for b~dd~ng and
agency rewew purposes allowance $1,500 00
Agency rewew and inspect~on (TBAE) allowance $275 00
Mdeage and Delivery Services allowance $500 00
Opbonal Serwces
Bridge design at the C~wc Center s~te $9,000 O0
Geotechmcal services (for bridge only) allowance $3,000 00
* Including a maximum of 14 s~te ws~ts dunng construction
6741