1992-103e:wpdocs\corgan.ord r,
AN ORDINANCE AUTHORIZING THE CITY ~NAGER TO EXECUTE AN AGREEMENT
HIRING CORGAN ASSOCIATES ARCHITECTS FOR PROFESSIONAL CONSULTING
SERVICES IN CONNECTION WITH THE ~RTIN LUTHER KING, JR. RECREATION
CENTER AND ANTICIPATED FUTURE LITIGATION; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute an agreement hiring Corgan Associates Architects for
professional consulting services in connection with the Martin
Luther King, Jr. Recreation Center and anticipated future
litigation.
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
immediately upon its passage and approval.
1992.PASSED AND APPROVED this the~Jday of ~ ,
BOB CASTLEBERRY, MAY7 ~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
DEB~ A./D~TCH, CITY ATTORNEY
NOTE: ORDIN~CE REPEALED BY 92-104.
CONSULTING SERVICES CONTRACT BETWEEN
THE CITY OF DENTON AND CORGAN ASSOCIATES 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 Corgan Associates Archi-
tects, hereinafter called "CONSULTANT", hereby mutually agree as
follows:
I.
GOALS AND OBJECTIVES
CITY desires to contract with CONSULTANT for consulting
services in anticipation of future litigation surrounding the
Martin Luther King, Jr. Recreation Center in Denton, Texas and in
an effort to diagnose and propose solutions to problems at this
facility.
II.
CONSULTANT'S SERVICES
CONSULTANT shall render services necessary for the development
of the project as outlined below. CITY and CONSULTANT understand
that these services are contemplated in anticipation of future
litigation, and CONSULTANT agrees to keep confidential all data and
work product made available to it or arising out of the performance
of these services to the extent allowed by law. CONSULTANT shall
exercise the same degree of care, skill and diligence in the per-
formance of these services as is ordinarily provided by a profes-
sional consultant under similar circumstances. In the course of
performing the duties enumerated below, CONSULTANT agrees to assist
CITY's building operations superintendent and attorneys, and other
CITY personnel as may be required.
CONSULTANT's duties shall include the following:
1. Perform Geotechnical and Architectural analysis services
in accordance with the attached letter of April 9, 1992,
which letter is hereby incorporated as if fully set forth
herein. CONSULTANT shall be responsible for supervision
and control of all subcontractors performing services in
connection with this letter.
2. Perform additional consulting services as needed in con-
nection with anticipated future litigation surrounding
the design of the Martin Luther King, Jr. Recreation
Center in Denton, Texas. CITY and CONSULTANT recognize
that the possibility exists that the scope of these
services may be expanded in the future to include expert
testimony by CONSULTANT; however, such services are not
a part of this agreement at the time of its formation.
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.
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 April 9, 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 Ninety-five
Dollars ($95) per hour for time expended by princi-
pals and Seventy-five Dollars ($75) for time ex-
pended by associates.
2. Reimbursement of Expenses:
CONSULTANT's expenses shall be reimbursed by CITY
at actual cost, with travel mileage reimbursed at
the prevailing rate approved for income tax deduc-
tion purposes.
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
PAGE 2
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.
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.
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.
X.
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
XI.
SEVERABILITY 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 9ortions of this agreement, and the parties hereby
declare they would have enacted such remaining portions despite any
such invalidity.
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED ~S TO LEGAL FORM-'
DEBRA A. Di:~_YOVITCH, CITY ~TTOR~EY
~/~/ CORGAN ASSOCIATES ARCHI-
TECTS, CONSULTANT
TITLE:
PAGE 4
9 April 1992
Mr. Bruce Henington
Superintendent, Facilities Management
City of Denton, Civic Center
321 East McKinney
Denton, Texas 76201
Re: City of Denton Implementation Phase
Martin Luther King Recreation Center
Dear Bruce:
We are pleased to present our proposal for Geotechnical and
Architectural analysis services for this project. We propose a three
phase approach to determine the conditions present at this project
which have caused the wooden flooring to experience premature
maintenance, and subsequently to make recommendations to effect
a remedy. The specifics of these steps and our proposed fees for
each Phase are as follows:
PHASE I
GEOTECHNICAL GROUND
WATER MONITORING
1. Drill core holes and take samples to analyze for moisture
content and permeability.
2. Piezometer tubes will be installed around and under the
building to monitor static water levels.
3. A report summarizing the findings will be published.
We propose Rone Engineering perform this portion of the work.
This work will be supervised by Mr. Charles M. Jackson P.E., Vice
President of Rone Engineering. Mr. Jackson has preformed
numerous similar investigations with our firm with good results.
Proposed Fee $3,500.00 Cor0a, Associates Areh~tect~
501 Elm Street
Suite 500
Dallas, Texas 75202 3334
Tel 214 748 2000
Fax 214 653 82B1
Architecture
Space Planning/Interior Design
92029IB-2/DAL1
Master Planning
Mr. Bruce Henington 2
6 April 1992
PHASE II
GATHER CIVIL,
MECHANICAL, PLUMBING AND
ARCHITECTURAL DATA
1. Site grading verifications will be recorded on the grounds
adjacent to the building.
2.Plan and specification review will be performed.
3. We will enlist the technical services of the American Wood
Flooring Association for wooden floor installation
standards.
4. Structural review will be preformed by Raymond L.
Goodson, Jr., Inc. of Dallas, Texas.
Proposed Fee $6,500.00
PHASE III
Compile and present a summapj of ali data and make
recommendations to the City of Denton in report form. The
recommendations will be reviewed with the City for purposes of
implementing a remedial construction contract.
Proposed Fee $2,900.00
We propose to bill for reimbursables at cost, plus a 1.15 multiplier
factor to cover administrative costs.
Upon completion of this analysis and report we will give you a fee
proposal to produce the documents to implement the recommended
modifications.
We look forward to working with the City of Denton Facilities
Management Department on this project. Please call our office if
you require further information or more specifics regarding this
proposal.
Very~truly yo_q_~// ~?.] .~
92029/B-2/DALI
9 April 1992
Mr. Bruce Henington
Superintendent, Building Operation
City of Denton, Civic Center
321 East McKinney
Denton, Texas 76201
Re: City of Denton Implementation Phase
Martin Luther King Recreation Center
Dear Bruce:
We are pleased to present our proposal for Geotechnical and
Architectural analysis services for this project. We propose a three
phase approach to determine the conditions present at this project
which have caused the wooden flooring to experience premature
maintenance, and subsequently to make recommendations to effect
a remedy. The specifics of these steps and our proposed fees for
each Phase are as follows:
PHASE I
GEOTECHNICAL GROUND
WATER MONITORING
1. Drill core holes and take samples to analyze for moisture
content and permeability.
2. Piezometer tubes will be installed around and under the
building to monitor static water levels.
3. A report summarizing the findings will be published.
We propose Rone Engineering perform this portion of the work.
This work will be supervised by Mr. Charles M. Jackson P.E., Vice
President of Rone Engineering. Mr. Jackson has preformed
numerous similar investigations with our firm with good results.
Proposed Fee $3,500.00
92ff29/B-2/DALI
Mr. Bruce Henington 2
6 April 1992
PHASE II
GATHER CIVIL.
MECHANICAL. PLUMBING AND
ARCHITECTURAL DATA
1. Site grading verifications will be recorded on the grounds
adjacent to the building.
2. Plan and specification review will be performed.
3. We will enlist the technical services of the American Wood
Flooring Association for wooden floor installation
standards.
4. Structural review will be preformed by Raymond L.
Goodson, Jr., Inc. of Dallas, Texas.
Proposed Fee $6,500.00
PHASE III
Compile and present a summary of all data and make
recommendations to the City of Denton in report form. The
recommendations will be reviewed with the City for purposes of
implementing a remedial construction contract.
Proposed Fee $2,900.00
We propose to bill for reimbursables at cost, plus a 1.15 multiplier
factor to cover administrative costs.
Upon completion of this analysis and report we will give you a fee
proposal to produce the documents to implement the recommended
modifications.
We look forward to working with the City of Denton Parks and
Recreational Department on this project. Please call our office if
you require further information or more specifics regarding this
proposal.
Principal
92029/B-2/DALI