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1992-126ALL002F5 ORDINANCE NO. ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT HIRING ALAN NELSON ARCHITECTS FOR PROFESSIONAL CONSULTING SERVICES IN CONNECTION WITH LISTED BUILDING MAINTENANCE AND CONSTRUCTION PROJECTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PRO- VIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to exe- cute an agreement hiring Alan Nelson Architects for professional consulting services in connection with the listed Building Mainte- nance and Construction Projects. SECTION II. That the expenditure of funds therefor as set forth in the agreement is hereby authorized. SECTION III. That this ordinance shall become effective imme- diately upon its passage an~ approv~ ~ PASSED AND APPROVED this the /' day of , 1992. BOB CASTLEBERRY, MA~~ ATTEST: JENNIFER WALTERS, CITY SECRETARY / . APPR~VED AS TO LEGAL FORM. DEBRA A. DRAYOVITCH, CITY ATTORNEY 9 CONSULTING SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND ALAN F. NELSON ARCHITECTS The CITY OF DENTON, TEXAS, a home rule city situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, together with Alan F. Nelson Architects, hereinafter called "CONSULTANT", hereby mutually agree as follows: GOALS AND OBJECTIVES CITY desires to contract with CONSULTANT for consulting services in connection with building maintenance and construction projects. II. CONSULTANT'S SERVICES CONSULTANT shall render services necessary for the development of the projects as outlined below. In the course of performing the duties enumerated below, CONSULTANT agrees to assist CITY's Facilities Management superintendent, and other CITY personnel as may be required. CONSULTANT's duties shall include the following: 1. Assist in soliciting bids, review of bids, and recommen- dations concerning potential contractors. 2. Provide coordination with any contractors or construction manager in the execution of the project. 3. Provide any drawings, specifications, or other documenta- tion as may be necessary to define and establish the scope of work for the purpose of bidding and construc- tion. III. TERM OF AGREEMENT CONSULTANT shall commence rendering services upon execution of this agreement. This agreement will continue to be in effect until all terms of the agreement have been satisfied. 10 IV. coMPENsATION TO BE PAID CONSULTANT CITY agrees to pay CONSULTANT for the services performed here- under as follows: A. Services performed by CONSULTANT in connection with Exhibit "A", the attached letter of June 29, 1992 will be compensated by CITY as set forth in the letter, which is hereby incorporated into this agreement. B. Additional services performed by CONSULTANT outside the scope of Exhibit "A" will be compensated as follows: 1. Amount of payment for services: CONSULTANT will charge the CITY on the basis of actual professional time spent. Payment for ser- vices will be based upon the rate of Seventy Five Dollars ($75.00) per hour for time expended by principals and Twenty Five Dollars ($25.00) for time expended by associates. C. Dates of Payment: CITY will pay CONSULTANT within thirty (30) days of receipt of each invoice from CONSULTANT. V. SUPERVISION AND CONTROL BY CITY It is mutually understood and agreed by and between CITY and CONSULTANT that CONSULTANT and all subcontractors are independent contractors and shall not be deemed to be or considered employees of the CITY, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensa- tion, or any other City employee benefit. CITY shall not have supervision and control of CONSULTANT or any employee or subcon- tractor of CONSULTANT, and it is expressly understood that CONSUL- TANT shall perform the services hereunder at the general direction of the City Manager of the CITY or his designee. PAGE 2 11 VI. SOURCE OF FUNDS Ail payments to CONSULTANT under this agreement are to be paid by the CITY from funds appropriated by the City Council for such purposes in the Budget of the City of Denton Certificate of Obligation Funds Building Improvement Program. VII. INSURANCE CONSULTANT shall provide, at its own cost and expense, any and all insurance necessary to protect CONSULTANT in the operation of its business. VIII. INDEMNIFICATION CONSULTANT shall and does hereby agree to indemnify and hold harmless the CITY OF DENTON from any and all damages, loss or liability of any kind whatsoever, by reason of injury to property or third persons to the extent directly and proximately caused by the error, omission or negligent act of CONSULTANT in the course of the performance of this agreement, and CONSULTANT will, at its cost and expense, defend and protect the CITY against any and all such claims and demands. IX. CHOICE OF LAW AND VENUE This agreement shall be governed by law of the State of Texas, and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. CANCELLATION CITY AND CONSULTANT each reserve the right to cancel this Agreement at any time by giving the other party fourteen (14) days written notice of their intention to cancel. If the Agreement is canceled before completion, the CITY agrees to compensate CONSUL- TANT for services provided and expenses incurred prior to notice of cancellation. PAGE 3 12 XI. SEVERAB ILITY CLAUSE If any section, subsection, paragraph, sentence, clause, phrase or word in this Agreement, or application thereof to any person or circumstance is held invalid by any court of competent Jurisdiction, such holding shall not affect the validity of the remaining portions of this agreement, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity. EXECUTED this the /~day of ~,1992' CITY OF DENTON, TEXAS v. ARRELL CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:~ APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY ALAN F. NELSON ARCHITECTS, CONSULTANT TITLE: ~'~ DATE: ~'l'~'~'- corga~.alan PAGE 4 ~x~ [BIT A ALAN F. NELSON ARCHITECT June 29, 1992 Bruce Henington, Director, Facility ,Management City of Denton 215 E. McKinney Denton, Texas 76201 RE: Additional Deferred Maintenance Projects Bruce, In reference to our conversation last week about the proposed list of construction projects, I have reviewed and reorganized these projects into phases as requested, and identified my proposed fee for work in each phase, Most of these fees are established from an abbreviated percentage of the cost, but on several of the smaller projects of limited service I only anticipate a few hours of time for review and coordination, By organizing similar projects into larger packages, I was able to reduce the total fee. I have also categorized each project into different areas of anticipated service, As I explained to you during our meeting, my desire is to provide you with whatever scope of service necessary toward project completion, On each project we will as a minimum: 1. Assist in soliciting bids, review of bids, and recommendations concerning potential contractors, 2. Provide coordination with any contractors or construction manager in the execution of the project, 3. Provide any drawings, specifications, or other documentation as may be necessary to define and establish the scope of work for the purpose of bidding and construction. I look forward to working with you on these projects, Should you have any questions about this proposal, please feel free to give me a call. Si.ncerely, Alan F. Nelson Architect AFN:cn ARCHffECTUPE CE PLANNING E1 !NTERIOR DESIGN 502 w CC~, DENTON, EXA$ 76201 a~17-56~ ,3266 CITY OF DENTON DEFERRED MAINTENANCE PROJECTS JUNE 29, 1992 PHASE ONE (Authorized under P.O. Number 23767) 1. Denia Floor Replacement Bidding Phase 6. Visual Arts Windows In Progress 10 Nette Sch~tz Tennis Courts Completed 8. Police Radio Room A/C In Progress 9. Civic Center A/C Under Construction 30. Gas Conversion - Sr. Center In Progress 3. Visual Arts Center- Lighting In Progress 25. Visual Arts Center-Parking Lot In Progress ~ $ 7,000,00 ~HASE TWO Toilet Partitions Replacement Civic Center Library City Hail PROPOSED FEE $ 750.00 ~HASE THREE 31. Sound System - Council Chamber 38. City Hall Light Renovation City Hail Ramp PROPOSED FEE: $ 4,500.00 [HASE FOUR 7. Civic Center Renovation 17. Airport Parking Lot v' 25. Civic Center Parking Lot 26. City Hall Sidewalks 6. Fire Station #4 Parking 14. Roof at Police Station 37. Roof Renovation at Rec. Centers 39. Carpeting ~ $ 9,250.00 TOTAL ALL PHASES; ~ (Numbers relate to items identified in January 16, 1992 City of Denton Updated Project List) ~:x. IBIT A ALAN F, NELSON ARCHITECT June 29, 1992 Bruce Henington, Director, Facility ,Management City of Denton 215 E. McKInney Dedton, Texas 76201 RE: Additional Deferred Maintenance Projects Bruce, In reference to our conversation last week about the proposed list of construction projects, I have reviewed and reorganized these projects into phases as requested, and identified my proposed fee for work in each phase. Most of these fees are established from an abbreviated percentage of the cost, but on several of the smaller projects of limited service I only anticipate a few hours of time for review and coordination. By organizing similar projects Into larger packages, I was able to reduce the total fee. I have also categorized each project into different areas of anticipated service. As I explained to you during our meeting, my desire ts to provide you with whatever scope of service necessary toward project completion. On each project we will as a minimum: 1. Assist in soliciting bids, review of bids, and recommendations concerning potential contractors. 2. Provide coordination with any contractors or construction manager in the execution of the project. 3. Provide any drawings, specifications, or other documentation as may be necessary to define and establish the scope of work for the purpose of bidding and construction. I look for~vard to working with you on these projects. Should you have any questions about this proposal, please feel free to give me a call. Si.ncerely, Alan F. Nelson Architect AFN:cn ,~PCH ffECT:.',qE [~ PLANNING Im ~NTEP[OR DESIGN CiTY OF DENTON DEFERRED MAINTENANCE PROJECTS JUNE 29, 1992 PHASE ONE (Authorized under P.O. Number 23767) 1. Denia Floor Replacement Bidding Phase 6. Visual Arts Windows In Progress 10 Nette Sct~ultz Tennis Courts Completed 8. Police Radio Room A/C In Progress 9. Civic Center A/C Under Construction 30. Gas Conversion - Sr. Center In Progress 3. Visual Arts Center- Lighting In Progress 25. Visual Arts Center-Parking Lot In Progress $ 7,000.00 PHASE Two 4. Toilet Partitions Replacement Civic Center Library City Hall $ 750.00 PHASE THREE 31. Sound System - Council Chamber 38. City Hall Light Renovation City Hail Ramp $ 4,500.00 PHASE FOUR 7. Civic Center Renovation 17. Airport Parking Lot v' 25. Civic Center Parking Lot 26, City Hall Sidewalks 6. Fire Station #4 Parking 14. Roof at Police Station 37. Roof Renovation at Rec, Centers 39. Carpeting ~ $ 9,250.00 TOTAL ALL PHASES: ~ (Numbers relate to items identified in January 16, 1992 City of Denton Updated Project List)