1993-055ORDINANCE NO. 93-O -
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT WITH HIDELL ARCHITECTS FOR PROFESSIONAL ARCHITECTURAL
SERVICES RELATING TO DESIGN OF THE BRANCH LIBRARY FOR THE CITY OF
DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the mayor is authorized to execute an agree-
ment between the City of Denton and Hidell Architects for profes-
sional architectural services relating to the design and construc-
tion of the Branch Library, under the terms and conditions, con-
tained in said agreement, which is attached hereto and made a part
hereof.
SECTION II. That the City Council hereby authorizes the ex-
penditure of funds in the manner and amount as specified int he
agreement.
SECTION III. That this ordinance shall become effective im-
mediately upon its passage and approva .
PASSED AND APPROVED this the day of 1993.
lei
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY : ~~I~ f-
DATE: MARCH 16, 1993
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: RFP #9970 - ARCHITECTURAL/ENGINEERING SERVICES FOR THE
DESIGN AND CONSTRUCTION OF A PUBLIC LIBRARY
RECOMMENDATION: We recommend this RFP #9970 and contract for professional
services be awarded to Hidell Architects in the amount of $113,800.00.
SUMMARY: This contract calls for the design and construction of a 15,000 square
feet Public Library building. The design will be based on a base building of 10,000
square feet with an additional 5,000 square feet to be designed for bidding as an
alternate.
The contract further states that should the 5,000 square feet addition not be funded
for construction the compensation to the Architect would be reduced $7,510.00 or 33%
of the construction phase cost.
Included is a tentative work schedule with schematic drawings starting on March 17,
1993 and ending with an estimated completion date of August 30, 1994.
The Library Board interviewed four qualified Architects and selected Hidell
Architects for recommendation to the City Council.
BACKGROUND: Memorandum of March 16, 1993 prepared by Eva Pool, Interim
Library Director.
FISCAL IMPACT: This contract for professional services will be funded from Library
Bonds which have a current balance of $219,005.00.
Respect lly submitted:
_04 ay.-Zz
loy . Harre 1
City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
y11-_
agenda.354
-c - CITY 00urn Rlaxw FC~T
TO: MAYCR AND mEKBgis OF THE CITY COUNCIL
FKK: LI(JYD V. HARRELL, CITY MANAGER
SaWBCT: C14)DW4CE AITgi3itl7.1NG THE 1WQR TO E7== AN AGR4M Ni' BE WM THE
Cr1Y OF DRUM AMID HIML ARC HrrB=S FCR THE DESIGN AMID ocNSrEmvia
OF A 10s000 S"M FEEr MNC H LURARY EXPAMABtE TO 30,000 SQUARE
FEED
PATE: APRIL 6, 1993
I2HOC TI :
The Library recommends that the city council review and approve the contract
with Hidell Architects in the amount of $68,000.
As you will recall on November 3, 1992, the Library Services and
Construction Act (ISCh) Title II Grant was officially signed by the Mayor with the
understanding that the construction contract would have to be signed by September
71 1993. We'have since then been given a 60-90 day extension in order to give the
Friends of the Emily Fowler Public Library an opportunity to solicit additional
monies from various foundations. In order to keep the LSCA Title II Grant amount
of $97,133 intact, it is crucial that the Hidell Architect agreement be signed.
on December 13, 1986, the citizens of Denton approved a million-dollar bond
issue for library inprovement and expansion. The following chronology lists the
chain of events that have occurred since 1986:
o On June 20, 1989, the Denton Library Board recommended to the City
Council Hidell Architects to design the new branch library.
o April 12, 1990 - The Library Board recamended the building of a
library branch on property to be acquired by the City on Lillian
Miller Parkway and Teasley Lane in connection with a fire station.
o June 21, 1990 - The plans for the now library building on the proposed
City Capital Improvements Plan list were delayed because of the
financial position of the City. The $600,000 bond issue anticipated to
be sold in 1990/91 was then postponed indefinitely.
o January 17, 1991 - The Library Board authorized staff to pay from
available bond money estimated Phase I library construction costs for
drives and parking lot, public sidewalks, sewer and water lines
totalling $81,000 to begin the site development phrase in conjunction
with the building of the fire station.
o May 15, 1992 - The model of the new branch building, a tentative
schedule of design and construction phase was presented to the Denton
Library Board by Hidell Architects.
o January 12, 1993 - City Council approved the sale of the second issue
of bonds totalling for construction of a branch library.
Page -
2-FISCAL Il~IPAi.T:
The contract calls for the design and construction of a 10,000 square feet
branch building with the following costs:
Construction Casts ($80 per square foot)
Architectural Services
Materials testing
Total Estimated Project Cost
Available funding cn hand as of March 21, 1993:
Ddsting Bonds
*Authorized/Unissued Bonds
Texas State Library Grant
Friends of the Library Fundraiser
Total Available Funding on Hand
First Year Operating Budget Cost
Personal Services
Maintenance
Services
Fixed Assets/Supplies
Total First Year Operating Budget Cost
$ 100,535
16,500
28,400
50,000
$ 195,435
$800,000
68,000
$ • 7,038
$ 875,038
$ 219,005
565,000
97,133
$ 6,591
$ 887,729
The Friends of the Flni.ly Fowler Public Library still have until May 31, 1993
to fulfill their goal to raise $460,000. As stated above, they have only $6,591
to date. The Denton Library Board has discussed the status of the fundraiser and
strategies to raise needed funds for a larger facility and/or furnishings.
*The $565,000 total here from the original second issue of $600,000 has been
diminished to reflect the $25,000 used to pay for the long-ravage plan for the
Library and $10,000 surcharge for the bond sale.
Lloyd V. Harrell, City Manager
PIWr, ;BY: p
Eye Poo
Interim Library Director
7j F, /Y(a
ve Director
NunicipaY /Boonmia DeyelOpmerrt
AHROO308/033193/js
FOR ARCHITECTURAL SERVICES
This Agreement made as of the 6L day of , 1993
between the City of Denton, Texas, hereinafter /referred to as
"Owner", and Hidell Architects, hereinafter referred to as "Archi-
tect" for the following Project: Design and contract administration
services for the Branch Library for the City of Denton, Texas.
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 per-
formed by the Architect, Architect's employees and Architect's con-
sultants 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 highest degree of professional
skill and care and the orderly progress of the Work. Upon request
of the owner, the Architect shall submit for the Owner's approval
a schedule for the performance of the Architect's services which
may be adjusted as the Project proceeds, and shall include allow-
ances for periods of time required for the Owner's review and 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 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 describ-
ed in Paragraphs 2.2 through 2.6 and any other services identified
in Article 11 as part of Basic Services, and include without limi-
tation 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 DESIGN PHASE
2.2.1 The Architect, in consultation with the Owner, shall de-
velop a written program for the Project to ascertain Owner's needs
and to establish the requirements for the Project.
2.2.2 The Architect shall provide a preliminary evaluation of
the owner's program, construction schedule and construction budget
requirements, each in terms of the other, subject to the limita-
tions 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 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, vol-
ume or other unit costs and which indicates the cost of each cate-
gory of work involved in constructing the Project and establishes
an elapsed time factor for the period 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
adjustments authorized by the Owner in the program, schedule or
construction budget, the Architect shall prepare for approval by
the Owner, Design Development Documents consisting of drawings and
other documents to fix and describe the size and character of the
Project as to architectural, structural, mechanical and electrical
systems, materials and such other elements as may be appropriate,
which shall comply with all applicable laws, statutes, ordinances,
codes and regulations. Notwithstanding Owner's approval of the
documents, Architect warrants that the Documents and specifications
will be 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 De-
tailed Statement as described in Paragraph 2.2.5.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and
PAGE 2
any further adjustments in the scope or quality of the Project or
in the construction budget authorized by the owner, the Architect
shall prepare, for approval by the owner, Construction Documents
consisting of Drawings and Specifications setting forth in detail
requirements for the construction of the Project, which shall com-
ply with all applicable laws, statutes, ordinances, codes and regu-
lations.
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 filing 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 detailed esti-
mate of Construction Cost, shall assist the owner in obtaining bids
and assist in awarding and preparing contracts for construction.
2.5.2 If the lowest bid for the construction of the Project
exceeds the total construction cost of the Project as set forth in
the approved Detailed Statement of Probable Construction Costs of
the Project submitted by the Architect, then the Architect, at its
sole cost and expense, will revise the Construction Documents as
may be required by the City to reduce or modify the quantity or
quality of the work so that the total construction cost of the Pro-
ject will not exceed the total construction cost set forth in the
approved Detailed Statement of Probable Construction Costs.
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 issu-
ance to the Owner of the final Certificate for Payment, unless ex-
tended under the terms of Subparagraph 9.3.2.
2.6.2 The Architect shall provide detailed administration of
the Contract for Construction as set forth below and in the edition
of AIA document A201, General Conditions of the Contract for Con-
PAGE 3
struction, current as of the date of this Agreement, unless other-
wise provided in this Agreement.
2.6.3 Construction Phase duties, responsibilities and limita-
tions of authority of the Architect shall not be restricted, modi-
fied or extended without written agreement of the Owner and Archi-
tect.
2.6.4 The Architect shall be a representative of and shall
advise and consult with the Owner (1) during construction, and (2)
at the Owner's direction from time to time during the correction or
warranty period described in the Contract for Construction. The
Architect shall have authority to act on behalf of the Owner only
to the extent provided in this Agreement unless otherwise modified
by written instrument.
2.6.5 The Architect shall inspect the construction site at
least two times a week, regardless of whether construction is in
progress, to become familiar with the progress and quality of the
Work completed and to determine if the Work is being performed in
a manner indicating that the Work when completed will be in accord-
ance with the Contract Documents. Architect shall provide owner a
written report subsequent to each on-site visit. On the basis of
on-site observations as an architect, the Architect shall keep the
owner informed of the progress and quality of the Work, and shall
exercise the utmost care and diligence in discovering and promptly
reporting to the Owner any defects or deficiencies in the work of
Contractor or any subcontractors. The Architect represents that he
will follow the highest professional standards in performing all
services under this Agreement. Any defective designs or specifica-
tions furnished by the Architect will be promptly corrected by the
Architect at no cost to the Owner. The Owner's approval, accep-
tance, 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, tech-
niques, sequences or procedures, or for safety precautions and pro-
grams in connection with the Work. The Architect shall not be re-
sponsible 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 negligent acts or omis-
sions. 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 Doc-
uments or when direct communications have been specially author-
ized, the owner and Contractor shall communicate through the Archi-
tect. Communications by and with the Architect's consultants shall
be through the Architect.
2.6.9 Based on the Architect's observations at the site of the
work and evaluations of the Contractor's Applications for Payment,
the Architect shall review and certify the amounts due the Contrac-
tor.
2.6.10 The Architect's certification for payment shall consti-
tute a representation to the Owner, based on the Architect's obser-
vations at the site as provided in Subparagraph 2.6.5 and on the
data comprising the Contractor's Application for Payment, that the
Work has progressed to the point indicated and that the quality of
the Work is in accordance with the Contract Documents. The fore-
going representations are subject to minor deviations from the con-
tract Documents correctable prior to completion and to specific
qualifications expressed by the Architect. The issuance of a Cer-
tificate for Payment shall further constitute a representation that
the Contractor is entitled to payment in the amount certified.
However, the issuance of a Certificate for Payment shall not be a
representation that the Architect has (1) reviewed construction
means, methods, techniques, sequences or procedures, or (2) ascer-
tained how or for what purpose the Contractor has used money pre-
viously paid on account of the Contract Sum.
2.6. 11 The Architect shall have the responsibility and author-
ity to reject Work which does not conform to the Contract Docu-
ments. Whenever the Architect considers it necessary or advisable
for implementation of the intent of the Contract Documents, 'the
Architect will have authority to require additional inspection or
testing of the Work in accordance with the provisions of the Con-
tract Documents, whether or not such Work is fabricated, installed
or completed. However, neither this authority of the Architect nor
a decision made in good faith either to exercise or not exercise
such authority shall give rise to a duty or responsibility of the
Architect to the Contractor, Subcontractors, material and equipment
suppliers, their agents or employees or other persons performing
portions of the Work.
2.6.12 The Architect shall review and approve or take other
appropriate action upon Contractor's submittals such as Shop Draw-
ings, 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 sepa-
rate 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
PAGE 5
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, meth-
ods, 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 Construc-
tion 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 accor-
dance 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.
2.6.14 On behalf of the owner, the Architect shall conduct in-
spections to determine the dates of Substantial Completion and
Final Completion, and shall issue Certificates of Substantial and
Final Completion. The Architect will receive and review written
guarantees and related documents required by the Contract for Con-
struction to be assembled by the Contractor and shall issue a final
certificate for Payment upon compliance with the requirements of
the Contract Documents.
2.6.15 The Architect shall interpret and provide recommenda-
tions on matters concerning performance of the owner and Contractor
under the requirements of the Contract Documents on written request
of either the Owner or Contractor. 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 draw-
ings. When making such interpretations and initial decisions, the
Architect shall endeavor to secure faithful performance by both
Owner and Contractor, and shall not be liable for results or inter-
pretations or decisions so rendered in good faith in accordance
with all the provisions of this Agreement and in the absence of
negligence.
PAGE 6
2.6.17 The Architect shall render written decisions within a
reasonable time on all claims, disputes 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.
2.6.18 The Architect (1) shall render services under the
Agreement in accordance with the highest professional standards
prevailing in the Dallas-Fort Worth metroplex area; (2) will reim-
burse the Owner for all damages caused by the defective designs the
Architect prepares; and (3) by acknowledging payment by the owner
of any fees due, shall not be released from any rights the owner
may have under the Agreement or diminish any of the Architect's
obligations thereunder.
2.6.19 The Architect shall provide the Owner with one (1) set
of reproducible prints (as-built Drawings) showing all significant
changes to the Construction Documents for the Owner's file.
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not includ-
ed 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 Addition-
al Services only if they are not required due to the negligence or
fault of Architect.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is
described in Subparagraph 2.6.5 is required, the Architect shall
provide one or more Project Representatives to assist in carrying
out such additional on-site responsibilities.
PAGE 7
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, respon-
sibilities and limitations of authority of Project Representatives
shall be as described in the edition of AIA Document B352 current
as of the date of this Agreement, unless otherwise agreed.
3.2.3. Through the observations by such Project Representa-
tives, 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 de-
scribed 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 bud-
get;
2. required by the enactment or revision of codes, laws or
regulations subsequent to the preparation of such docu-
ments, 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 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 major defects or deficiencies in the Work of the
Contractor, or by failure of performance of either the Owner or
Contractor under the Contract for Construction.
PAGE 8
3.3.6 Providing services in evaluating an extensive number of
claims submitted by the Contractor or others in connection with the
Work.
3.3.7 Providing services in connection with a public hearing,
arbitration proceeding or legal proceeding except where the Archi-
tect is a party thereto.
3.3.8 Preparing documents for alternate, separate or sequen-
tial bids or providing services in connection with bidding or con-
struction prior to the completion of the Construction Documents
Phase.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibility or other special stud-
ies.
3.4.2 Providing planning surveys, site evaluations or compara-
tive 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 Providing services to verify the accuracy of drawings or
other information furnished by the Owner.
3.4.7 Providing coordination of construction performed by sep-
arate 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 con-
struction 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 Making investigations, inventories of materials or
equipment, or valuations and detailed appraisals of existing faci-
lities.
PAGE 9
3.4.12 Providing assistance in the utilization of equipment or
systems such as testing, adjusting and balancing, preparation of
operation and maintenance manuals, training personnel for operation
and maintenance and consultation during operation.
3.4.13 Providing interior design and similar services required
for or in connection with the selection, procurement or installa-
tion of furniture, furnishings and related equipment.
3.4.14 Providing services other than as provided in Section
2.6.4, after issuance to the Owner of the final Certificate for
Payment and expiration of the Warranty period of the Contract for
Construction.
3.4.15 Providing services of consultants for other than archi-
tectural, structural, mechanical and electrical engineering por-
tions of the Project provided as a part of Basic Services.
3.4.16 Providing any other services not otherwise included in
this Agreement or not customarily furnished in accordance with gen-
erally accepted architectural practice.
3.4.17 Preparing a set of reproducible record drawings showing
significant changes in the Work made during construction based on
marked-up prints, drawings and other data furnished by the Contrac-
tor to the Architect. (This is for drawings prepared in addition
to those specified in Section 2.6.19.)
ARTICLE 4
OWNER'S RESPONSIBILITIES
4.1 The owner shall consult with the Architect regarding re-
quirements for the Project, including (1) the Owner's objectives,
(2) schedule and design constraints and criteria, including space
requirements and relationships, flexibility, expendability, special
equipment, systems and site requirements, as more specifically de-
scribed in 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 financial arrangements have been made to fulfill the
owner's obligations under this Agreement.
4.4 The Owner shall designate a representative authorized to
act on the Owner's behalf with respect to the Project. The Owner
or such authorized representative shall render decisions in a time-
ly manner pertaining to documents submitted by the Architect in
PAGE 10
order to avoid unreasonable delay in the orderly and sequential
progress of the Architect's services.
4.5 The Owner shall furnish surveys describing physical char-
acteristics, legal limitations and utility locations for the site
of the Project, and a written legal description of the site. The
surveys and legal information shall include, as applicable, grades
and lines of streets, alleys, pavements and adjoining property and
structures; adjacent drainage; rights-of-way, restrictions, ease-
ments, encroachments, zoning, deed restrictions, boundaries and
contours of the site; locations, dimensions and necessary data
pertaining to existing buildings, other improvements and trees; and
information concerning available utility services and lines, both
public and private, above and below grade, including inverts and
depths. All the information on the survey shall be referenced to
a project benchmark.
4.6 The Owner shall furnish the services of geotechnical engi-
neers when such services are requested by the Architect. Such ser-
vices may include but are not limited to test borings, test pits,
determinations of soil bearing values, percolation tests, evalua-
tions of hazardous materials, ground corrosion and resistivity
tests, including necessary operations for anticipating sub-soil
conditions, with reports and appropriate professional recommenda-
tions.
4.6.1 The Owner shall furnish the services of other consul-
tants when such services are reasonably required by the scope of
the Project and are requested by the Architect and are not retained
by the Architect as part of its Basic Services.
4.7 The Owner shall furnish structural, mechanical, chemi-
cal, air and water pollution tests, tests of hazardous materials,
and other laboratory and environmental tests, inspections and re-
ports required by law or the Contract Documents.
4.8 The Owner shall furnish all legal, accounting and insur-
ance counseling services as may be necessary at any time for the
Project, including auditing services the owner may require to
verify the Contractor's Applications for Payment or to ascertain
how or for what purposes the Contractor has used the money paid by
or on behalf of the Owner.
4.9 The services, information, surveys and reports required by
Paragraphs 4.5 through 4.8 shall be furnished at the Owner's ex-
pense, and the Architect shall be entitled to rely upon the accur-
acy 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-
PAGE 11
ject or nonconformance with the Contract Documents.
4.11 Architect shall propose language for certificates or cer-
tifications to be requested of the Architect or Architect's consul-
tants 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-
tingencies 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 responsibili-
ty 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 bid prices,
or over competitive bidding or market conditions. Accordingly,
the Architect cannot and does not warrant or represent that bids
will not vary from the Owner's Project budget or from any estimate
of Construction Cost or evaluation prepared or agreed to by the
Architect.
5.2.2 No fixed limit of Construction Cost shall be established
as a condition of this Agreement by the furnishing, proposal or
establishment of a Project budget, unless such fixed limit has been
agreed upon in writing and signed by the parties thereto. If such
PAGE 12
a fixed limit has been established, the Architect shall be permit-
ted to include contingencies for design, bidding and price escala-
tion, to determine what materials, equipment, component systems and
types of construction are to be included in the Contract Documents,
to make reasonable adjustments in the scope of the Project and to
include in the Contract Documents alternate bids to adjust the
Construction Cost to the fixed limit. Fixed 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
6.1 The Drawings, Specifications and other documents prepared
by the Architect for this Project are instruments 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 copies, including reproducible copies, of the
Architect's Drawings, Specifications and other documents for infor-
mation and reference in connection with the owner's use and occu-
pancy of the Project. The Architect's Drawings, Specifications or
other documents shall not be used by the owner or others on other
projects, but may be used for completion of this Project by the
Owner or others.
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 fail substantially to
perform in accordance with the terms of this Agreement through no
fault of the Architect. Owner may terminate this Agreement or any
phase thereof upon thirty (30) days prior written notice to the
Architect with the understanding that immediately upon receipt of
PAGE 13
such notice, all work and labor being performed under the Agreement
shall cease immediately. Before the end of the thirty (30) day
period, Architect shall invoice the Owner for all work it performed
prior to the receipt of such notice. No amount shall be due for
lost or anticipated profits. All plans, field surveys, and other
data related to the Project shall become property of the Owner upon
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 Project is suspended by the Owner for more than 30
consecutive days, the Architect shall be compensated for services
performed prior to notice of such suspension. When the Project is
resumed, the Architect's compensation shall be equitably adjusted
to provide for expenses incurred in the interruption and resumption
of the Architect's services.
7.3 This Agreement may be terminated by the Owner upon not
less than seven days written notice to the Architect in the event
that the Project is permanently abandoned. If the Project is
abandoned by the Owner for more than 90 consecutive days, the Ar-
chitect 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 non-
performance and cause for termination.
7.5 If the Owner fails to make payment to Architect within
thirty (30) days of receipt of a statement for services properly
performed, the Architect may, upon seven days written notice to the
owner, suspend performance of services under this Agreement. Un-
less Architect receives payment in full within seven (7) days of
the date of the notice, the suspension shall take effect without
further notice. In the event of a suspension of services under
this section, the Architect shall have no liability to the Owner
for delay or damage caused the Owner because of such suspension of
services.
7.6 In the event of termination not the fault of the Archi-
tect, the Architect shall be compensated for services properly
performed prior to termination.
ARTICLE 8
MISCELLANEOUS PROVISIONS
8.1 This Agreement shall be governed by the laws of the State
of Texas.
PAGE 14
8.2 Terms in this Agreement shall have the same meaning as
those in AIA Document A201, General Conditions of the Contract for
Construction, current as of the date of this Agreement.
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 this Agreement without the written consent of the
other.
8.4 This Agreement represents the entire and integrated agree-
ment between the Owner and Architect and supersedes all prior nego-
tiations, representations or agreements, either written or oral.
This Agreement may be amended only by written instrument signed by
both Owner and Architect.
8.5 Nothing contained in this Agreement shall create a con-
tractual relationship with or a cause of action in favor of a third
party against either the Owner or Architect.
8.6 Unless otherwise provided in this Agreement, the Architect
and Architect's consultants shall have no responsibility for the
discovery, presence, handling, removal or disposal of or exposure
of persons to hazardous materials in any form at the Project site,
including but not limited to asbestos, asbestos products, poly-
chlorinated biphenyl (PCB) or other toxic substances, provided,
however, Architect shall have the responsibility to and shall re-
port to the owner the location of any hazardous material that an
architect of similar skill and expertise should have noticed.
8.7 Upon receipt of prior written approval of Owner, the
Architect shall have the right to include representations of the
design of the Project, including photographs of the exterior and
interior, among the Architect's promotional and professional mate-
rials. 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 con-
sidered by the Owner to be confidential or proprietary. The Owner
shall provide professional credit for the Architect on the con-
struction sign and in 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 Project and the
portion of the cost of their mandatory and customary contributions
PAGE 15
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 Project, as identified in the following Clauses.
9.2.1.1 Expense of transportation in connection with the Pro-
ject; expenses in connection with authorized out-of-town travel;
long-distance communications; and fees paid for securing approval
of authorities having jurisdiction over the Project.
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 equip-
ment 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 established
in Subparagraph 10.4.1 of this Agreement is exceeded or extended
through no fault of the Architect, compensation for any services
rendered during the additional period of time shall be computed in
the manner set forth in Subparagraph 10.2.3.
9.3.3 When compensation is based on a percentage of Construc-
tion Cost and any portions of the Project are deleted or otherwise
not constructed, compensation for those portions of the Project
shall be payable to the extent services are performed on those por-
tions, in accordance with the schedule set forth in Subparagraph
10.2.2 based on (1) the lowest bona fide bid or (2) if no such bid
or proposal is received, the most recent preliminary estimate of
Construction Cost or detailed estimate of Construction Cost for
such portions of the Project.
PAGE 16
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 is
responsible.
9.6 ARCHITECT'S ACCOUNTING RECORDS
9.6.1 Architect shall make available to owner or owner's au-
thorized representative records of Reimbursable Expenses and ex-
penses pertaining to Additional Services and services performed on
the basis of a multiple of Direct Personnel Expense for inspection
and copying during regular business hours for three years after the
date of the final Certificate of Payment, or until any litigation
related to the Project is final, whichever date is later.
ARTICLE 10
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
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 be $68,000.00.
10.1.2 Progress payments for Basic Services in each phase
shall total the following percentages of the total Basic Compen-
sation payable:
o Schematic Design Phase 15%
o Design and Development Phase 20%
o Construction Documents Phase 40%
o Bidding Phase 5%
o Construction Phase 20%
o Total Basic Compensation 100%
PAGE 17
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: On an hourly rate basis, based on Article 10.2.2.
10.2.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described
in Articles 3 and 11, other than (1) Additional Project Representa-
tion, as described in Paragraph 3.2, and (2) services included in
Article it as part of Additional Services, but excluding services
of consultants, compensation shall be computed as follows:
Principals
$ 80
per
hour
Associates
55
per
hour
Technical Staff
35
per
hour
Clerical Staff
35
per
hour
10.2.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including ad-
ditional structural, mechanical and electrical engineering services
and those provided under Subparagraph 3.4.16 or identified in Arti-
cle 11 as part of Additional Services, a multiple of 1.1 times 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 in-
terest of the Project.
10.4 ADDITIONAL PROVISIONS
10.4.1 IF THE BASIC SERVICES covered by this agreement have
not been completed within twenty two (22) months from the date of
execution 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 Payments are due and payable thirty (30) days from the
date of the Architect's invoice. Amounts for services properly
performed which remain unpaid thirty (30) days after the invoice
date shall bear interest at the rate of one (1%) percent per month.
10.4.3 The Owner shall not be obligated to pay more than
ninety (90) percent of the total compensation specified in Article
10.1.1 to Architect until he has completed all services provided
for herein.
PAGE 18
ARTICLE 11
OTHER CONDITIONS OR SERVICES
11.1 Architect shall maintain, at no expense to Owner, a pro-
fessional 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
million 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 Mail. 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 injuries, damages,
loss, or liability of whatever kind or character, arising out of or
in connection with the performance by the Architect of those ser-
vices contemplated by this Agreement, based upon allegations of
negligent acts or omissions of Architect, its officers, agents,
employees, consultants and subcontractors.
11.3 Notwithstanding the provisions of Article 3 hereof,
Architect agrees to provide the services described in Article
3.4.13 as part of the Basic Services provided in Article 2.
11.4 Notwithstanding any other provision of this Agreement,
Architect agrees to provide, as part of the basic services des-
cribed in Article 2, a branch library consisting of 10,000 square
feet. The design will be based on a base building of approximately
10,000 square feet, to be designed for expansion up to 30,000
square feet.
Architect recognizes that owner is soliciting additional funds to
construct a library of 15,000 square feet. Architect recognizes
and agrees that if the additional funds are collected, to design a
base building consisting of approximately 15,000 square feet. If
this should occur, the Architect agrees to hold its fees so as not
to exceed 8.5% of the additional construction cost resulting from
the 5,000 square feet, but not to exceed $80.00 per square foot.
11.5 Tentative Schedule:
Start Schematic Drawings
May
17,
1993
Schematic Design Review Meeting
May
24,
1993
Final Schematic Design Review Meeting
June
7,
1993
PAGE 19
Review Design with Code Officials
June 9, 1993
Start Design Development
June 13, 1993
Design Development Review Meeting
June 21, 1993
Design Development Review Meeting
June 28, 1993
Final Design Development Review Meeting
July 6, 1993
Start Construction Documents
July 12, 1993
Construction Document Review Meeting
July 26, 1993
Construction Document Review Meeting
August 2, 1993
Construction Document Review Meeting
August 23, 1993
Send Drawings and Specs to State
August 28, 1993
Final Construction Document Review
September 13, 1993
Owner Intensive Review
Sept. 13-20, 1993
Release Drawings for Bid
September 24, 1993
Open Bids
October 20, 1993
Architect's Recommendation to
City on Low Bidder
October 21, 1993
City Review October 21, 1993
Award Construction Contract November 7, 1993
Start Construction November 30, 1993
Estimated Completion October, 1994
PAGE 20
This Agreement entered into as of the day and year first written
above.
CITY OF DENTON, TEXAS,
OWNER
HIDELL ARCHITECTS
ARCHITECT
Il f ~ 1 ' f \
BY:
CASTLEBERRY, MA
ATTEST:
WALTERS, CITY
ARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: CUZ~
E:\WPDOCS\K\ARCHITEC
PAGE 21
f