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)