2013-206ORDINANCE NO. 2013 -206
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR
ARCHITECTURAL AND DESIGN SERVICES WITH KIRKPATRICK ARCHITECTURE
STUDIO FOR THE DESIGN OF FIRE STATION 2 TO BE LOCATED AT 3311 EAST
MCKINNEY STREET, DENTON, TEXAS IN AN AMOUNT NOT -TO- EXCEED $555,500;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (FILE 5334- AWARDED TO KIRKPATRICK ARCHITECTURE STUDIO).
WHEREAS, the professional services provider (the "Provider) mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to enter into a professional service
contract with James R. Kirkpatrick, Architect, to provide professional architectural and related
services for the design of Fire Station 2, a copy of which is attached hereto and incorporated by
reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under File 5334 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the LUG day of Aua(��SE , 2013.
MARK A. BURR ANJ-W�, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
fl
BY: A A)0J
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
3 -0RD ile 5334
1 �
City of Denton
Cont"ct:V 534
City of Denton Fire Station #2
.Architectural Design Services
CONTRACT #5334
PROFESSIONAL. SERVICES AGREEMENT
FOR ARCIHTECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the 20T11 day of August, 2013, by and
between the City of Denton, Texas, a Texas municipal eolporation, with its principal office at 215 East
McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and Kirkpatrick
Architecture Studio, with its corporate office at 100 West Mulberry Street, Denton, Texas 76201
hereinafter called "Design Professional," acting herein, by and through their duly authorized
representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do mutually
agree as follows:
SECTION I
EMPL'OXMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas architect or
engineer, as an independent contractor. The Design Professional hereby agrees to perform the services
as described herein and in the Proposal, the" General Conditions, and other attachments to this
Agreement that are referenced in Section 3, in connection with the Project. The Project shall include,
without limitation, professional architectural services in support of the design for the City of Denton
Fire Station #2 Project. The project shall be completed in five (5) separate phases: Phase 1 —
Information Gathering and Schematic Design, Phase 2 — Design Development, Phase 3 — Construction
Documents, Phase 4 — Bidding and Negotiations, and Phase 5 — Construction Administration.
Phase I — Information Gathering and Schematic Design., shall include the following:
1. Zoning/Platting Research —Design Professional will meet with the City of Denton to
understand the constraints and parameters affecting the proposed sites.
2. Programming —Design Professional will meet with all appropriate parties to determine a
preliminary program.
3. Design Meeting —Design Professional will conduct a one and a half day design meeting with
the owner. The meeting will begin with reviewing the owner's project goals and requirements.
Then the program will be refined and a preliminary floor plan and site plan will be produced.
4. Schematic Design — Design Professional will continue to refine the building's plan and
elevations until they met the Owner's requirements. Design Professional will produce a
Schematic Design Package for the Owner's review and approval. After approval from the
Owner, Design Development Phase will commence. Services in this phase are defined in AIA
Document B101, 3.2.
5. Pre - application Submission —Design Professional will submit to the City a site plan, floor
plan, and questions to the City. These plans and questions will be reviewed by the City in
advance of the Pre - application Conference.
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With the following deliverables:
D1. Code and Zoning Research Report
D2. Schematic Design Package
D3, Pre - application Package
Estimated completion time: 14 days.
Phase 2 — Design Development, shall include the following;
1. Design Development — During this phase the documents produced in the Schematic Design
Phase are further developed. In this phase the mechanical, electrical, plumbing, and structural
systems are refined. Additionally, architectural details such as for doors and windows are
produced. Design Professional will produce a Design Development Package for the Owner's
review and approval. After approval from the Owner, Construction Documents Phase will
commence. Services in this phase are defined in AM Document B101, 3.3.1 and 3.3.3.
2. Construction Cost Estimate —Design Professional will send the Design Development
Package to a third party cost estimator for a construction cost estimate.
With the following deliverables:
D4. Design Development Package
D 5. Construction Cost Estimate
Estimated completion tinge: 21 days.
Phase 3 — Construction Documents, shall include the following:
1. Contract Documents — In this phase, construction documents and specifications are produced.
Depending on timing and/or the Owner's wishes, separate Permit and Construction Sets can be
produced.
2. Construction Cost Estimate — Design Professsional will send the Design Development
Package to a third party cost estimator for a construction cost estimate.
3. Permit Application — Design Professional will submit the construction set for permit.
Witli the following deliverables:
D6. 50% Progress Set
D7.90 % Progress Set
D8. Construction Cost Estimate
D9. Construction Set
Estimated completion time: 126 days.
Phase 4 -- Bidding and Negotiations shall include the following:
1. Distribution of Documents — Design Professional will aid in the distribution of documents to
potential bidders in electronic format.
2. Pre -Bid Conference and Tour — Design Professional will administer a conference and tour of
the site for prospective bidders.
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3. Addenda — Design Professional will respond to questions to potential bidders and provide
clarification if necessary in the form of Addenda.
4, Evaluation of Bids -Once bids are received and opened by the City, Design Professional will
aid in the evaluation of the bidders.
Estimated completion time: 42 days.
Phase 5 -- Construction Administration shall include the following:
1. Construction Administration — Design Professional will attend weekly meetings during
construction, produce Field Observation reports, review submittals, produce responses to
Request for Information's; and respond in a professional manner as needed during the
construction process. Services in this phase are defined in AIA Docianent BI01, 3.6 and in A1A
Document A201 -2007.
Scope of Services for PIatting (within Basic Services)
The current site and the two adjacent parcels owned by the City are not platted. The Owner has
requested that Design Professional provide services to aid in the platting of the parcels into one
parcel. A meeting with Planning informed us that the sites will be considered a "minor plat."
The City has an "on -call" contract with a surveyor who will handle the majority of the platting
process. It is our understanding that the civil engineer will have little role in the Preliminary
Plat while they will need to provide more coordination for the Final Plat. Our proposal includes
assisting the surveyor with any easement line work, setback coordination, right-of-way
dedication, and other civil related items regarding platting. Work outside this understanding
will be considered additional services. The platting process should run concurrent with the
design process.
Scope of Services for Development of the Denton Fire/Rescue Fire Station Design Program
Manual (within Basic Services)
In collaboration with the Design Professional, staff will develop a model fire station design into
a guide which will be a compilation of input from Fire Administration, firefighters, Facilities
Management, City Engineering, Planning, Architects, Engineers, and Contractors that address
preventative and routine maintenance, design and construction issues so that a user friendly, attractive
fire station is provided with a absolute minimum of conflicts, confusion, errors, or omissions. The
Program manual is to be a tool for the Fire/Rescue Department to establish the basis for the design and
construction of new facilities. It is also intended to aid individual in the maintenance and
improvements to existing fire stations.
Optional: Scope of Services for Leadership in Energy and Environmental Design (LEED)
Certification
Design Professionals' services include those necessary for the design and preparation of
documents for the referenced Project to pursue LEED Certification level "Certified" under the
United States Green Building Council (USGBC) LEED Green Rating System for New
Construction and Major Renovations, v. 2009. The proposed fee is based upon Design
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Professional's knowledge of which credit s may be appropriate for fire station pursuing LEED
certification. If the owner chooses to pursue individual points not anticipated, additional
services may be required. While Design Professional has had great success in achieving. LEED
certification, there are many factors outside the Architect's control that preclude a guarantee of
LEED certification. Services in this phase are defined in AIA Document 132142012.
Scope of Work Provided by the Client
1. Topographical and Boundary surveys
2. Geotechnical Investigation andReport
3. Soil Investigation required for geothermal HVAC
4, Texas Accessibility Standard Plan Review and Post-construction Inspection
5. Construction Observation and Materials Testing
6. Preliminary Platting
Items Outside of Scope of Work or Requiring Additional Services
1. Re- designs, new designs, meetings and other costs related to significant changes in scope of
work or significant changes to approved designs. This includes work and meetings required to
incorporate value engineering items.
2. Work in or adjacent to an existing FEMA flood plain, design services necessary to establish
a base flood elevation (BITE), flood plain permitting or flood plain mapping.
3. Non - gravity storm sewer or sanitary sewer systems (systems requiring pump design, i.e. lift
stations).
4. Public water or sewer system improvements beyond service connections and any off -site
work.
5. SWPPP pel nits application preparation or drawings
6. - Traffic Impact Studies
7. TxDOT Permits
S. Zoning change requests
9. Retaining wall design
10. Environmental site assessments
11. Site features and amenities outside of building footprint and not directly attached to the
Building.
12. Currently unidentified specialty electrical, lighting or communication systems, including
voice and data, audio /visual, security, or other low voltage electronic systems
13. Design of franchise utilities (gas, electric, telephone, and cable television)
14. Costs related to non - anticipated LEED credits, including, but not limited to,
a. WEc2 Innovative Wastewater Technologies, including rainwater collection and other
greywater systems
b. EAc5 Measure & Verification
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SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 PHASE 1- For Basic Services the total compensation shall be $
57,075
2.1.2 PHASE 2 - For Basic Services the total compensation shall be $
761100
2.1.3 PHASE 3 - For Basic Services the total compensation shall be $
152,200
2.1.4 PHASE 4 - For Basic Services the total compensation shall be $
191025_.
2.1.5 PHASE 5 - For Basic Services the total compensation shall be $
76 „100.
2;1.6 REIMBURSABLE EXPENSES -- shall not exceed
$ 10,000.00
Optional LEED Certification Services - For LEED Certification Services the total compensation
shall be $ 165,000
Total Not to Exceed Contract Amount without LEED $_390,500 ,
Total Not to Exceed Contract Amount with LEED $ 555,500 .
Progress payments for Basic Services shall be paid upon satisfactorily completion of tasks for the
Project.
2.2 ADDITIONAL SERVICES
2.2.1 Compensation for Additional Services are stated below:
James R, Kirkpatrick
David M. Robinson
Tin; Deaton
Technical Staff
Expenses
$175 /hour
$125 /hour
$ Wiour
$ 75/hour
1.00 times the cost
2.2.2 Compensation for Additional Services of outside Cofrsrritants, including additional
engineering services shall be negotiated prior to delivery of the actual service,
2.3 REIMBURSABLE EXPENSES Reimbursable Expenses are expenses incurred by the Design
Professional, the Design Professional's employees and consultants in the interest of the Project as defined
in the General Conditions but not to exceed a total of $10,000 without the prior written approval of the
Owner.
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Design Semites for Fire Station 2,doe
SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which are attached
hereto and made a part hereof by reference as if fully set forth herein:
City of Denton General Conditions to Agreement for Architectural or Engineering Services.
2. Attachment A -The Design Professional's Proposal, Project Schedule, and Pricing
3. Attachments B — Awarded Contractor's documentation, including W -9 form, and Conflict of
Interest documentation.
4. Attachment C — Awarded Contractor's certificate of insurance documentation.
This Agreement is signed by the parties hereto effective as of the date first above written.
ATTEST:
JE ER WALTERS, CI Y SECRETARY
BY:
AP OVED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
0
IC
W' M*
BY: r
CITY OF DENTON
e] t0l
CITY MANAGER
ARCHITECTURE STUDIO
JIM KI KPATRICK, OWNER
(SIGN URE)
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Station 2.doc
CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEh1ENT FOR ARCIIITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. tLRCHITECr OR ENGINEER'S R.F.SPONSIBILITIFS
1.1 The Architect or Engincer's services consist of those services for the Project (as defined in the agreement (the "Agreement ") and proposal (the "Proposal ") to which these
General Conditions are attached) performed by die Architect or Engineer (hereinafter called the `Tksign Professional") or Design Professional's employees and consultants as
enumerated'in Articles 2 and 3 of these General Conditions as modified by the Agreement and Proposal (the "Services ").
1.2 The Design Professional will perform all Services as an, independent contractor to the prevailing professional standards consistent with the level of care and skill ordinarily
exercised by members of the same profession currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt timely
actions (the "Degree of Care "). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the. orderly, progress of the Project.
Upon request of the Owner, the Design Professional shall submit for the Owners approval a schedule for Uc performance of the Services which iiiay 6e adjusted as the Project
proceeds, mid shall include allowances for periods of time'required for the Owners 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 Design Professional or Owner, and any
adjustments to this schedule shall be mutually acceptable to both parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINF,D The Design Professional's Basic Services consist of those described in Sections 2.2 through 2.6 of these General Conditions and include
without limitation nominal structural, civil, 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 Section 2.4. The Basic Services may be modified by the Agreement
212 SCB Eh1IATIC DESIGN PHASE
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program for the Project to ascertain Owners needs and to establish the
requirements for the Project.
2.2.2 The Design Professional shalt pmvide a preliminary evaluation of the Owners program, construction schedule and construction budget requirements, each in
tennis of the other, subject to the limitations set forth in Subsection 5.2.1.
2.2.3 The Design Professional shall review with the Owner alternative approaches to design and constriction of the Project.
2.2.4 Based on the mutually agreed -upon program, schedule mid construction budget requirements, the Design Professional shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and outer documents illustrating the scale and relationship of Project components. The Schematic Design shall
contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations.
2.2.5 The Design Professional 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 Project and establishes an elapsed time factor for the period of time from tie
commencement to the completion of construction.
2.3 DESIG\'DEVELOPIIENTPHASE
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 Design
Professional shall prepare for approval by the Owner, Design Development Documents consisting of drawings mid other documents to fix and describe tie size and
character of tie 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 Owners approval of the documents, Design Professional represents that the
Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project
23.2 The DesigiiProfessional shall advise the Owner of any adjustments to the prelimhhary estimate of Construction Cost in a further Detailed Statement as described
in Section 2.2.5.
2.4 CONSTRUCTIONDOCUi]IFNISP11ASE
2.4.1 Based on the approved Design Development Documents and any iumrther adjustments in tie scope or quality of the Project or in the construction budget
authorized by the Owner, the Design Professional 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 comply with all applicable laws, statutes, ordinances, codes and regulations.
2A.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement fours, the
Conditions of the contract, and die fort of Agreement between the Owner and contractor.
14.3 The Design Professional 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 Design Professional shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental
authorities hav'uigjurisdiction over the Project.
2.5 CONSTRUCTION CONTRACT PROCUREIIENT
2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost,
shall assist the Owner in procuring a construction contract for the Project through any procurement method that is legally applicable to the Project including without
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limitation, the competitive scaled bidding process. Although the Owner will consider the advice of the Design Professional, the award of the construction contract is in
the sole discretion of the Owner.
2.5.2 If the construction contract amount for the Project exceeds lire total construction cost of the Project as set forth in the approved Detailed Statement of Probable
Construction Costs of the Project submitted by the Design Professional, then the Design Professional, at its sole cost-and expense, will revise the Construction
Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed
the total construction cost set forth hi the approved Detailed Statement of Probable Construction Costs.
2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction Phase tinder this Agreement commences with Qte award ofthe Contract
for Constriction and tennitiates at the issuance to the Omier ofthe final Certificate for Payment, unless extended under the tents of Subsection 8.3.2.
16.2 The Design Professional shall provide detailed administration ofthe Contract for Construction as set forth below. For design profcssionalss the administration
shall also be in accordance with AIA document A201, General Conditions of the Contract for Construction, current as of the date of the Agreement as may be
amended by the City of Denton special conditions, unless otherwise provided in die Agreement. For engineers the administration shall also be in accordance with the
Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreements unless otherwise
provided in Ilse Agreement.
2.6.3 Construction Phase duties, responsibilities and limitations of authority of tine Design Professional shall not be restricted, modified or extended without written
agreement ofthe Owner and Design Professional.
2.6.4 The Design Professional shall be a representative of and shall advise and consult with the Owner (1) during construction, and (2) at the Owner's direction from
throe to time during the correction, or warranty period described in the Contract for Construction- Ilie Design Professional shall have authrbrity to act on behalf of the
Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified bywritten instrument.
2.6.5 The Design Professional shall observe the constriction site at least one time a week, while construction is in progress, and as reasonably necessary while
construction is not in progress, to become familiar with. the progress and quality of the work completed and to detennine if the work is being performed in a manner
indicating that the work when completed will be in accordance with the Contract Documents. Design Professional shall provide Owner a written report subsequent to
each on -site visit On the basis of on -site observations the Design Professional shall keep the Owner informed of the progress and quality of the work, mid shall
exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work of Contractor or any
subcontractors. The Design Professional represents that lie will follow Degree of Care hm performing all Services under the Agreement. 11ne Design Professional shall
promptly correct any defective designs or specifications furnished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or
payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall in no way alter the Design Professional's obligations or the
Owner's rights hereunder.
2.6.6 The Design Professional shall not have control over or charge of and shall not be responsible for construction nmeats, methods, techniques, sequences or
procedures, or for safety precautions and programs hi connection with flue work. The Design Professional shall not be responsible 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 front Design Professional's negligent acts or ornis-
sions. The Design Professional 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 ofthe work.
2.6.7 The Design Professional shall at all times have access to the work wherever it is in preparation or progress.
2.6.8 Except as-may othervise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor
shall communicate through the Design professional. Communications by and with the Design Professional's consultants shall be through the Design Professional.
249 Based on the Design Professional's observations at tine site of tine work and evaluations of the Contractor's Applications for Payment, the Design Professional
shall review and certify the amounts due the Contractor.
2.6.10 The Design Professional's certification for payment shall constitute a representation to the Owner, based on the Design Professional's observations at the site as
provided ht Subsection 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 offt-Work is in accordance with the Contract Documents, The foregoing representations are subject to minor deviations from the Contract Documents cor-
rectable prior to completion and to specific qualifications expressed by the Design Professional. The issuance of a Certificate 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 Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or far what purpose the Contractor
has used money previously paid on account ofthe Contract Sum.
2.6.11 The Design Professional shall have the responsibility and authority to reject ,,York which does not conform to the Contract Documents. Whenever Sae Design
Professional considers it necessary or advisable for implementation of the intent of the Contract Documents, the Design Professional will have authority to require
additional inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such Work- is fabricated, installed or
completed. However, neither this authority of the Design Professional nor a decision made in good faith either to exercise or not exercise such authority shall give rise
to a duty or responsibility ofthe Design Professional to the Contractor, Subcontractors, material and equipmentsuppliers, their agents or employees or other persons
performing portions of the work.
2412 The Design Professional shall review and approve or take other appropriate action upon Contiactoes submittals such as Shop Drawings, Product Data and
Samples for the purpose of (1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) detemvning whether or not the work, when
completed, will be in compliance with the requirements ofthe Contract Documents. The Design Professional 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 Design Professional'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 Design Professional's review shall not constitute approval of safety precautions
or, unless otherwise specifically stated by the Design Professional, of construction means, methods, techniques, sequences or procedures. The Design Professional's
approval of a specific item shall not indicate approval of an assembly of which the item is a component. \Vhcn professional certification of performance characteristics
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of materials, systems or equipment.is required by the Contract Documents, the Design Professional shall be entitled to rely upon such certification to establish that the
materials, systems or equipment will meet the perfomuance criteria required by the Contract Documents.
2.6.13 The Design Professional shall prepare Change Qrders mid Construction Change Directives, with supporting documentation and data if deemed necessary by
Vie Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and e.ecution in accordance with flee Contract Documents, and may
authorize minor changes in the work not involving an adjustment in the Contract Stim 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 Design Professional shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and if
requested by the Owner shall issue Certificates of Substantial and Final Completion. The Design Professional 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 certificate for Payment upon compliance with the
requirements of the Contract Documents.
2.6.15 The Design Professional shall interpret and provide recommendations our matters concerning performance of the Owner and Contractor under the requirements
of the Contract Documents on KTitten request of either the flwncr or Contractor. The Design Professional'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 Design Professional shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall
be in writing or in lie form of drawings. When making such interpretations and 'initial decisions, the Design Professional shall endeavor to secure faithfid performance
by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this
Agreement and in fire absence of negligence.
2.6.17 The Design Professional shall render written decisions within a reasonable time our all claims, disputes or other matters in question between the Owner and
Contractor relating to the execution or progress of the work as provided in the Contract Documents,
2.6.18 The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all darrnages
caused by the defective designs the Design Professional 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 die Agreement or diminish any ofthe Design Professional's obligations thereunder.
2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during
die Construction Phase.
ARTICLE 3 ALDI)MONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in the Agreement or Proposal, and they strait be paid for by the
Omer as provided in the Agreement, in addition to the compensation for Basic Services. The services described under Sections 32 and 3.4 shall only be provided if
authorized or confirmed in. %Tithig by the Owner. Ifservices described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond
the Design Professional's control, the Design Professional shall notify the Owner in writing and shall not commence such additional services until it receives written
approval from the Owner to proceed. if the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Design Professional
shall have no obligation to provide those services. Owner will be responsible for compensating the Design Professional for Contingent Additional Services only if
they are not required due to the negligence or fault ofDesign Professional,
3.2 PROJECT REPRESEITTATTON BEYOND BASIC SERVICES
3.2.I Tf more extensive representation at the site than is described in Subsection 2.6.5 is required, the Design Professional shall provide one or more Project
Representatives to assist in carrying out such additional on -site responsibilities,
3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as
agreed by the Owner and Design Professional.
3.3 CO \'TWGEiNT ADDITIONAL SERVICES
3.3.1 ivfaknignnateriai 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 budget
2, required bythe enachnent or revision ofcodes, laws or regulations subsequent to the preparation ofsuch documents, or
3. due to changes required as a result ofthe Ow41er'S failure to render decision in a timely manner.
3.3.2 Providing services required because afsignificant changes in the Project including but not limited to, size, quality, complexity, orthe Owner's schedule, except
for services required under Subsection 2.5.2.
333 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and
Construction grange 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.
33.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in die work of the Contractor, or by failure of performance
of either the Owner or Contractor under the Contract for Construction.
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3.3,6 Providing services ii 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 exceptwhere the Design Professional is party thereto.
33.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection
with bidding or construction prior to the completion of the Construction Documents Phase.
33.9 NottQ standing anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in part due to the negligent actor onrlssion ofthe Design Professional shall be performed by the Design Professional as apart ofthe
Basic Services tinder the Agreement with no additional compensation above-and beyond the compensation due the Design Professional for die Basic Services. The
intervening or concurrent negligence ofthe Owner shall not limit the Design Professional's obligations tinder this Subsection 3.3.9.
3.4 OPTIOMLL tODITJOVALSERVICES
3.4.1 Providing financial feasibility or other special studies.
3,9.2 Providing planning surveys, site evaluations or comparative studies of prospective sites -
3.43 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, systems and equipment
3.4,5 Providing services to investigate existing conditions or facilities or to make measured drawings thereoL
3,4.6 Providing services to verify the accuracy of drawings or other information fiurnished by the Owner.
3.4.7 Providing coordination of construction performed by separate contractors or by the Ovm&s own forces and coordination of services required in connection with
construction performed and equipment supplied by the Owner.
3.4,8 Providing detailed quantity surveys or inventories of material, equipment and labor,
3.4.9 Providing analyses of operating and maintenance costs.
3.4.10 Making investigations, inventories of materials or equipment, orvaluations and detailed appraisals of existing facilities.
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 installation of fiimiture, -kir nishings and related
equipment.
3.4.14 Providing services other than as provided it Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration ofthe Warranty
period of the Contract for Construction.
3,4,15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions ofthe Project provided as apart of
Basic Services.
34,16 Providing any other services not otherwise included in timis Agreement or not customarily fiimished in accordance with generally accepted architectural
practice,
3,4,17 Preparing a set of reproducible record drawings in addition to those required by Subsection 2.6.19, showing significant changes in the work made during con-
struction based on marked -up prints, drawings and other datafumished by the Contractor to the Design Professional.
3.4.18 Notwithstanding anything contained in tie Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are
caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part ofthe
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basio Services. The
intervening or concurrent negligence of the Omer shall not limit the Design Professional's obligations tinder this Subsection 3.4.18.
ARTICLE 4 Oli NER'S RESPONSiBILMES
4,1 The Owner shall consult with die Design Professional regarding requirements 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 spcci-
fical[y described in Subsection 2.2.1.
4.2 The Owner shall establish and update an overall budget for the Project, including the Constriction Cost, the Owner's other costs and reasonable contingencies
related to all of these costs.
43 if requested by the Design Professional, the Owncr shall famish 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 timely mamier pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential
progress of the Design ProfessionaPs services.
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4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, 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, easements, 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 benclvnark.
4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers iNlien such services are requested by the Design Professional, Such services may
include but are notlimited to test borings, test pits, determinations ofsoil brring values, percolation tests, evaluations of hazardous materials, ground corrosion and re-
sistivity tests, including necessary operations for anticipating sub -soil conditions, with reports and appropriate professional recommendations.
441 The Owner shall firrush the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Design
Professional and arc not retained by the Design Professional as part of its Basic Services or Additional Services.
4.7 When. not a part of the Additional Services, the Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests of hazardous materials,
and other laboratory and environmental tests, inspections mud reports required by law or the Contract Documents.
4.8 The Owner shall famish A legal, accounting and insurance 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 oftlre Owner.
4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Design
Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Design Professional,
4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect hi the Project or nonconformance with
the Contract Documents,
4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and
shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution.. The Owner agrees notto request certifications that would require
knowledge or services beyond tie scope of the Agreement.
ARTICLE 5 COQ iSTRUC ITON COST
5.1 CONSTRUCTIONCOSTDEI NFI)
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by tine Design Professional.
5.1.2 The Constnrction Cost shall include the cost at current market rates of labor and materials fiimished by the Owner and equipment designed, specified, selected or
specially provided for by the Design Professional, plus a reasonable ailowvice 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.
513 Construction Cost does not include the compensation of Me Design Professional and Design Professional's consultants, die costs of the land, rights -of -way,
financing or other costs which are the responsibility 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 Constriction Cost prepared by the Design
Professional represent die Design Professional's best judgment as a design professional familiar with the constriction industry- It is recognized, however, that neither
Hie Design Professional 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 Design Professional cannot and does not warrant or represent that bids or cost proposals will not vary
from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Design Professional.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the fumishing, proposal or establishment ofa Project budget, unless
such fixed limit has been agreed upon in viTiting and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be pennitted
to include contingencies for design, bidding 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 fixed limit. Fixed limits, if any, shall be increased in the annount of an increase in the Contract Sum occurring after execution of the Contract
for Construction.
51.3 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Constriction 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,, rUch proposals are sought
ARTICLE 6 OWNERSHIP AND USE OF D OCUMENTS
6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of (lie Design Professional's service and shall
become the property of the Owner upon termination or completion of the Agreement The Design Professional is entitled to retain copies of all such documents. Such
documents are untended only be applicable to this Project, and Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the event the
Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than are specified in ]lie Agreement, the Design
Professional is released from any and all liability relating to their use in that project
6.2 Submission or distribution of docuriients 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 Design Professional's reserved rights.
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ARTICLE 7 TER), IMATION, SUSPENSION OR ABA INDOA4\ CI NT
7,1 The Design Professional may terminate the Agreement upon not less than thirty days KTitten notice should the Owner fail substantially to perform in accordance with the
temms of the Agreement through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof with or without cause upon thirty (30) days
prior written notice to mile Design Professional. All work and labor being performed tinder the Agreement shall cease immediately upon Design Professional's receipt of such
notice. Before time end of the thirty (30) day period, Design Professional shall invoice the Owner for all work it satisfactorily 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 iii. a reasonably organized form. Should Owner subsequently contract with a new Design Professional for continuation
of services on the Project Design Professional shall cooperate in providing information:
7.2 If the Project is suspended by the Owimer for more than 30 consecutive days, the Design Professional shall be compensated for services satisfactorily performed prior to
notice of such suspension, When the Project is resumed, the Design Professional's compensation shal l be equitably adjusted to provide for expenses incurred in the interruption
and resumption of the Design Professional's services.
73 The Agreement may be tenuinated by the Owner upon not less than seven dnys written notice to the pcsign Professional in the event that the Project is permanently
abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Design Professional'or the Ownermay tervnate the Agreement by giving written
notice-
7.4 Failure of the Om ier to make payments to the Design Professional for work satisfactorily completed in accordance Nvith the Agreement shall be considered substantial non-
performance and cause for terra rmtion.
7,5 If the Owner fails to make payment to Design Professional within thirty (30) days of receipt of a statement for services properly and satisfactorily performed, the Design
Professional may, upon seven days written notice to the Owner, suspend performance ofservices under the Agreement.
7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall be compensated for services properly and satisfactorily performed prior to
lenmination.
ARTICLES PAI',IIENTS TO TIIE DESIGN PROFESSIONAL
8.1 DIRECT PERSONNEL EXPENSE
8.1.1 Direct Personnel Expense is defined as file direct salaries of the Design Professional's personnel engaged on the Project 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 Ieave, holidays,
vacations, pensions and similar contributions and benefits.
8.2 REW- BURSABLE EXTENSES
8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Design Professional and
Design Professional's employees and consultants in the interest of the Project as identified in the following Clauses.
8.2.1.1 Expense of transportation in connection wvldr the Project; 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.
8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handling of Drativings,
Specifications and other documents.
8.2.1.3 If authorized in advance by the Owner, expense of overtinme work requiring higher than regular rates.
8.2.1.4 Espemse of renderings, models and mock -ups requested by the Owner.
8.2.1.5 Expense of computer -aided design and draliing equipment time when used in connection with the Project.
8.2.1.6 Other expenses that are approved in advance in writing by the Owner.
8.3 PAYMENTS ON &CCOUVT OF BASIC SERVICES
83.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed withum each phase of service, on the
basis set forth in Section 2 of the Agreement and the schedule of work.
8.3.2 If and to the extent timat the time initially established in the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any
services rendered during the additional period of time shall be computed in the manner set forth in Section 2 of the Agreement.
8.3.3 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or othenvise not constructed, compensation for
those portions of the Project shall be payable to the extent services are performed on those portions, in accordance widn the schedule set fortli in Section 2 of the
Agreement 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.
8.4 PAYIN NTS O \r ACCOUNT OT ADDITIONAL SERVICES
8.4.1 Payments on account of the Design Professional's Additional Services and for Reimbursable Expenses shall be made monthly within 30 days after flue
presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred.
8.5 PAYMENTS WITBUELD No deductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages or other sums Nvithheid
from payments to contractors, or on account of the cost of changes in the work othe[Ehan those for which lime Design Professional is responsible.
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8.6 DESIGN PROFESSIG,NAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or 0,Ame's authorized representative records of
Reimbursable Expenses and expenses pertaining to Additional Services and services performed oil 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 9 INDEMNITY
9.1 The Design Professional shall indemnify and save rind hold hamiless the Owner and its officers, agents, and employees from and against any and all liability,
claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by tine Owner, and including, without
limitation, damages for bodily and personal injury, death arid property damage, resulting from the negligent acts or omissions of the Design Professional or its officers,
shareholders, agents, or employees in the performance of the Agreement.
9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the Agreement, and nothing herein shall waive any of the parties' defenses,
both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the defense of governmental immunity, which
defenses are hereby expressly reserved.
ARTICLE 10 INSURANCE During the perfomance of the Services under the Agreement, Design Professional sisal] maintain the following insurance with an
insurance company licensed or authorized to do business in the State of Texas by the State Insurance Commission or any successor agency that hris a rating with best
Rate Carriers of at least an A- or above:
10.1 Comprehensive General Liability insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $2,000,000 in the aggregate,
and with property damage limits of not less than $100,000 for cacti occurrence and not less than $250,000 in the aggregate.
10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for cacti accident, and with property
damage limits of not less than $$100,000 for each accident.
10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each
accident including occupational disease.
10.4 Professional Liability Insurance with limits of not less than $1,000,000 amuiaf aggregate,
10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance in compliance with this Article 10 at the time
of the execution of the Agreement. The General Liability and Automobile Liability insurance policies shall name the Owner as an additional insured, the Workers'
Compensation policy shall contain a waiver of subrogation in favor of the Owner, and cacti policy shall contain a provision that such insurance shall not be canceled or
modified without thirty (30) days' prior written notice to Owner and Design Professional. In such event, the Design Professional shall, prior to the effective date of the
change or cancellation, furnish Owner fvith substitute certificates of insurance meeting the requirements of this Article 10.
ARTICLE 11 MISCELLANEOUS PROVISIONS
11,1 The Agreement shall be governed by the lm s of the State of Texas. Venue of any suit or cause of action under the Agreement shall lie exclusively in Denton County,
Texas. .
11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to due 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 The Design Professional shall not assign its
interests in the Agreement without the written consent of the Owner.
113 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 of the
Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negotiations, representations or
agreements, either written or oral. The Agreement may be amended only by written instrument signed by both Owner and Design Professional. When interpreting the
Agreement the executed Agreement, Proposal, tinese General Conditions and the other attachments referenced in Section 3 of the Agreement shall to tine extent that is
reasonably possible be read so as to harmonize the provisions. However, should the provisions of these documents be in conflict so that they can not be reasonably harmonized,
such documents shall be given priority in the following order;
1. The executed Agreement
2, Attachments referenced in Section 3 of the Agreement other than the Proposal
3. These General Provisions
4. The Proposal
11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Design
ProfessionaL
11.5 Upon receipt of prior written approval of Owner, Ore Design Professional shalt have the right to include representations of the design of the Project, including photographs
of the exterior and interior, among the Design Professional's promotional and professional materials. The Design Professional's materials shall not include the Owner's
confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owmer to be confi-
dential or proprietary. The O%vncr shalt provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project.
11.6 Approval by the ONmier shall not constitute, nor be deemed a release of the responsibility and liability of tite Design Professional, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such
responsibility by the Owner for any defect in fire design or outer work prepared by the Design Professional, its employees, subcontractors, agents, and consultants,
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11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties by depositing
same in the United States mail to the address shown below signature block on the Agreement, certified mail, return receipt requested, unless otherwise specified herein.
All notices shall be deemed effective upon receipt by the parry to whom such notice is given, or within three (3) days after mailing.
11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the
remainder of the Agreement and shall not cause the remainder to be Invalid or unenforceable. In such event, the parties shall reform the Agreement to replace such
stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.
11.9 The Design Professional shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they
may now read or hereinafter be amended during the term of this Agreement.
11.10 In performing the Services required hereunder, the Design Professional shall not discriminate against any person on the basis of race, color, religion, sets,
national origin or ancestry, age, or physical handicap.
11.11 The captions of the Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of the Agreement
Adapted 00x2912007
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Contractor Proposal
Pricing.
I!, f i
i i August 2011
Mr. Elton Brock.
Manager -
Materials Management and Purchasing
City of Denton
90113 Texas Street
Denton, Texas 70209
Re: Design Services Fire Station No_ 2
Dear Mr. Brock:
It was a pleasure meeting with you Chief Chadwick, Deputy Chief Hodges, and Dean Hartley, on 16
July 2013 and 05 August 2013 to discuss Denton's proposed Fire Station No. 2. The understanding we
gained from these meetings have shaped the following proposal.
Project Understanding
From our meetings, and from the Generol Fire Station Design Criteria provide by Chief ]toss
Chadwick, we understand the Project to be a four -bay fire station to accommodate a crew of six. 'I'lie
City projected the sine to around 12,000 square feet. Auer reviewing the preliminary program Nye
believe iltat the size will increase.
To provide an initial cost estimate, the City used a cost of $260 per square foot. Titus, the initial cost
estimate is $3,120,000. The possibility of a backup dispatch was discussed and accommodations for
one have been included in our Basic Services. We have assumed a size of approximately 450 square
feet and an additional cost of approxhttately $200,000.
Scope of Basic Services
KAS' services include those necessary for the design and preparation of documents for the referenced
Project. We envision the process as collaborative and as such, the scope may change slightly as tite
design is developed..
Phase One -- Information Gathering and Schematic Design 2 Weeks_
1.1. Zoning/Platting Research — KAS will meet with the City of Denton to understand
the constraints and parameters affectitrg the proposed sites.
12. Progminming— KAS will meet with all appropriate parties to determine a
preliminary program.
1.3. Design Meeting — KAS will conduct a one and a half day design meeting with tile
owner. The meeting will begirt with roviewing the owner's project goals and
requirements. Tltett the progmn will be refined and a preliminary floor plan and site
plats will be produced,
1.4. Schematic Design — KAS will cotitinrie to refine the building's plan and elevations
until they met the Owner's requirements. KAS will produce a Schematic Design
Package for the Owner's review and approval. After approval from the Owner,
® Pago 2
August 11, 2013
Design Development Phase will commence. Services in this phase are defined NAM
/Document 13101, 3.2.
1.5. Pre - application Submission — KAS will submit to the City a site plan, floor plan,
and questions to the City. 'These plans and questions will be reviewed by the City in
advance ofthe Pre - application Conference,
Deliverables
Dl. Code and 'Zoning Research Report
D2, Schematic Design Package
D3. Pre - application Package
Phase Two — Deslgn Development 3 Weeks
2.1. Design Development— Druing this phase the documents produced in the Schematic
Design Phase are further developed. In ibis phase the inechanicai, electrical,
plumbing, and structural systems are refined. Additionally, architectural details such
as for doors and windows are produced. KAS will produce a Design Development
Package for the Owner's review and approval. After approval from the Owner,
Construction Documents Phase will commence. Services in this phase are defined in
AU Document 13101, 3.3.1 mid 3.3.3.
2.2. Construction Cost Istirante — KAS will send the Design Development Package to a
tlrlyd party cost estimator for a construction cost estimate.
Deliverables
D4. Design Development Package
D5, Construction Costlsthnate
Phase Three — Construction Documents 18 Weeks
3.1. Contract Documents — In this phase, constriction doctuncrits and specifications are
prodtced. Depending on timing and/or the Owner's wishes, separate Permit and
Construction Sets can be produced.
3.2. Construction Cost Estimate — KAS will send the Design Development Package to a
third party cost estimator for a construction cost estimate,
3.3. Permit Application — KAS will subunit the construction set for permit.
Deliverables
D6. 50% Progress Set
D7. 90 % Progress Set
D8. Construction Cost Estimate
D9. ConsitUCtlon Set
Phase Four — Bidding and Negotiations 6 Weeks
4.1. Pre-Bid Conference and Tour — KAS will administer a conference and tour of the
site for prospective bidders.
4.2. Addenda — KAS will respond to questions to potential bidders and provide
clarification if necesM, in the form of Addenda.
4.3. Evaluation of Proposals - Once bids are received and opened by the City, KAS AU
aid in the evaluation of the bidders,
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August 11, 2013
Phase five - Construction Administratlon
5,1, - Construction Administration —KAS will attend weekly meetings during
construction, produce Field Observation reports, review submittals, produce responses
to Request for Information's, and respond in a professional manner as needed during
the construction process. Services in Us phase are defined inAL4 Document 13101,
3.6 and in,4M Doctonvit A201 -2007.
Scope of Servlces for Platting (within Basle Servlces)
The current site and the two adjacent parcels o %Aned by the City are not platted. The Owner
has requested that KAS provide services to aid in the platting ofthe parcels into one parcel, A
meeting with Plarrrring informed us that the sites will be considered a "minor plat."
The City has an "on -call" contract with a surveyor who will handle the majority of the plaiting
process. It is our tuudersianding that the civil engineer will have little role in the Pre] iminary
Plat while they will need to provide more coordination for the Final Plat. Our proposal
includes assisting the surveyor with any easement Iine work, setback coordination, right -
of -way dedication, and other civil related items regarding platting, Work outside this
understanding will be considered additional services. The platting process should run
concurrent with the design process.
Scope of Services for Design Guidellnes(within Baslo Services)
Denton Fire Department plans to develop a Design Guidelines to standardize the design and
construction of future stations. 'Chey have indicated that they will create the Guidelines
internally. KAS will assist in the material gathering and in providing the cornet Irurguage,
products, and information.
Scope of Services for leadership in Energy and Environmental Design (LEED) Certification
KAS' services include those necessary for the design and preparation of documents for the referenced
Project to pursue LEED Certification level "Certified" under the United States Gruen Building Council
(USGBQ LEED Green Rating System for Now Construction and Major Renovations, v. 2009.
Ihe proposed fee is based upon KAS's knowledge of which credit s may be appropriate for fire station
pursuing LEED certification. If the owner chooses to pursue individual points not anticipated,
additional sen�ices may be required. While KAS has had great success in achieving LEED
certification, there are many factors outside the Architect's control that preclude a guarantee of LEED
certification. Services in this phase are defined in.4M Document B214 -2012.
Scope of Work Provided by the Client
1, Topographical and Boundary surveys
2. Geotecluaical Investigation and Report
3. Soil hivestigation required for geothermal HVAC
4. Texas Accessibility Standard Plan Review and Post - construction Inspection
51 Construction Observation and Materials. Testing
6. Preliminary Platting
items Outside of Scope of Work or Requiring Additional Services
1, Redsigns, new designs, meetings and other costs related to significant changes in scope of
work or significant changes to approved designs. This includes work and meetings
required to incorporate value engineering items.
® P age 4
August 12, 2013
2. Work in or adjacent to an existing REMA flood plain, design services necessary to
establish a base flood elevation (BRE), flood plain pernvtting or flood plain mapping
3. Non - gravity storm sewer or sanitary sewer systems (systems requiring pump design, i.e.
lift stations)
4. Public water or sewer system improvements beyond service connections and any off -site
work
5. SWPPP permit application preparation or drawings
6. Traffic Impact Studies
7. TOOT Pennits
8. Zoning change requests
9. Retaining wall design
10. Environmental site assessinents
11. Site features and amenities outside of building footprint and not directly attached to the
building
12. CwTenily unidentified specialty electrical, lighting or conununication systems, including
voice /data, audio /visual, security, or other low voltage electronic systems
13. Design of txanchise utilities (gas, electric, telephone, and cable television)
14. Costs related to non- anticipated LEI D credits, including, but not limited to,
a. WEc2 Innovative Wastewater Technologies, including rainwater collection and other
greywater systems
b. EAc5 Measure & Verification
Compensatlon
Compensation to KAS for Basic Services, Additional Services, and Rei nbusable Expenses shall be as
described below.
Basic Services — Compensation for Basic Services shall be a stipulated sum in the
amount of $380,500. .
LE E D Services - Compensation for Basic Services shall be a stipulated stns in the
amount of $ 165,000.
Reimbursable Expenses - KAS includes the following in our scope
I. hi house printing
2, Phone calls
3. Travel within Denton
The following are not included in Basic Services and shall be billed reimbursable expense and
shall be providcd to the Owner at the cost invoiced to KAS plus ten percent (10 %). The tottrl
cost shall for printing shall not exceed $10,000 without the written permission of the oviner.
1. Printing for presentations, Owner, meetings, and regulatory review
Consultants — The finalization of the consultant team is dependent on if LEED certification is
pursued.
K [ A ! S
® Page 5
August 12, 2013
Additional Services -- Services required and authorized beyond the scope of Basic Services -
Nvill be utvoi=f on the basis of personnel time laid expenses.
James R. Kirkpatrick
David M. Robinson
Tun Deaton
Technical Staff
Expenses
Consultants have their o%"i ho
$175/hour
$125/hour
$95/hour
$75/hour
1.00 tunes the cost
urly rate stricture.
Should you have any questions or require additional information, please contact me at your
convenience,
C
Kirkpatrick, I:AIA
r'
in
City of Denton Purchasing
9011-8 Texas St. Denton, TX 752(19
Phone: (940) 349 -7100 Fax: 040) 3497302
k,A,Av dentonourchasing.con) -
Substitute W -9 Form
The IRS requires all vendors to complete a W -9 Form. The information on this form must be filled out, signed and submitted by a
vendor representative. All information must be completed before a purchase order or payment will be Issued.
Name as shown on your income tax return: James R Kirkpatrick, Architect, Inc.
Tax ID /Social Security M 75-2113419
Under penalties of perjury, I certify that: 1, The number shown on this form is my correct taxtaxpayer Identification number (or I
am waiting for a number to be issued to me), and 2. l am not subject to backup withholding because (a) I am exempt from
backup wttholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding
as a result of failure to report all lnterest or dividends, or (c) the IRS has notified me that I am no longer subject to backup
withholding, and 3. 1 am a US citizen or other U.S, person-for fededral tax purposes as defined at the bottom of this page'.
Authorized Signature:
Melling Address:
Printed Name: James R. Kirkpatrick
Company Name: Kfrkpatri.ok Architecture Studio
Contact Name: dames R, Kirkpatrick
Address: 100 W Mulberry St.
Denton, TX 76201
Check approprlate box for federal tax classification (required):
Individual/
❑ Sofei Corporation ❑ Partnership
Proprietor
Must designate C or S
❑ C
Exempt I s
❑ o.,.
Email:
Website;
Phone Number:
Fax Number:
Limited
❑ Liability
Corporation
j imt4,k- a- studio, com
www.k- a- studio.com
940 -307 -8192
940 -383 -0262
Other
❑ Please specify:
Heal Estate Equipment Royallies (A -2)
Business Type ❑ Rentat/Lease (Al) ❑ Renial/Lease (A -9) El El ivIedical/Heailh Cara (A -6)
Services Only (A• Merchandise- Merchandise &
f 7) ❑ Goods Only (A -7) ❑ Services (A -7) ❑ Legal FlrmiAttomey (A -C)
consultantrPror Proceeds from
Fees (A -7} Real Estate
❑ ❑ Purchases (S)
Minority ❑ Female Owned ❑ Non Profit El Historically Underutiilzed
Type of Organization: El Minority
Business
"Definition of a U.S. Person -f=or Federal Tax purposes, you are considered a U.S, person if you are: (a) an individual who is a U.S, citizen or
U.S. resident (b) a partnership, corporation, company, or association created or organized In the United States or under the laws of the United
States (o) an estate (other than a foreign estate), or (d) a domestic trust (as defined in Regulations Section 301.77014).
SOD Page 1 9/23/2011
Remit Address (If different from above)
Company game:
Contact Name:
Address:
Email:
Phone Number.
Fax Number:
List Products and /or Services Interested In
Vendor Information Not Required for W -9 Form
ACH Information Voluntary
ABA Routing #: 111900659
Contact Name :
Bank Account# 5712557726
Bank Name : Wells Fargo
ACH Email :
ACH Email :
Phone Number:
Fax Number:
I (we) authorize the City of Denton to deposit
payments Into the checking account listed. The
authority remains In effect until the City of Denton
has received written notification from me of
termination In time to allow rL�ig�Wnable opportunity
to act an it, or until the ty'YDonion has sent me
written notice of tpflmSiQ9&n oktho agreement.
Vendor Sig
Print Name,
Date 12
.ArChit@Ct Ural Services
For Internal Use Only
❑ New Vendor
Q Vendor Change Vendor Number
❑ Refund
Requesting Department:
Department Representative (Printed Name)
Date:
Purchasing Signature: Date:
fR. Kirkpatrick
J
2013
COD Page 2 9123/2011
CONFLICT OF INTEREST QUESTIONNAIRE FORM CXQ
For vendor or other [arson doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Sesslon.
MICE USE ONLY
This questionnaire is being flied in accordance with chapter 176 of the Local Governtuent Code by a Person
oataitccci",
,who has a business relationship as defined by Section 176.001(1 -a) with a local governmental entity and the.
person meets requirements under Section 176.006(a).
By law this questionnaire mast be hied with the records administrator of the focal government entity not later
than the 7th business day after the date the person "becomes aware of facts that require the statement to be filed.
See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Govetnnrent Code. An
offense under this section is a Class 'C misdemeanor.
f Name of person who lias a business relationship with local governmental entity-
2
0 Cheek this box if you are filing an updato to a prmdously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the P business day after the
date the originally filed questionnaire becomes irleomplete or inaccurate.)
3 Dame of fatal government officer with whom filer has an employment or business relationship.
N/A
Name of Officer.
This section, (itern 3 including subparts A, 13, C & D), must be completed for each officer with whom the filer has an employment or other business
relationship as defined by Section 176.001(1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A. is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the
filer of the questionnaire?
E-1 Yes F No
B. is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the directlott of the
local government officer named in this section AND the taxable income is not received from the local governmental entity?
Yes Fl No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more?
ED yes Q No
D. Describe each affiliation or business relationship.
4
12 August 2013
lgna[ure of p rson doing business with the governmental entity hate
Attachment C
Contract # 5334
Insurance .Documentation
U.S. SPECIALTY INSURANCE COMPANY
i% Houston, TX
r
ARCHITECTS AND ENGINEERS.
PROFESSIONAL LIABILITY INSURANCE POLICY
DECLARATIONS
Pol-icy Number; USS 13 24021
I. POLICYHOLDER: Program 1llanagcr's.Narrto & Address:
KirkpalriekArchitecture.Studio HCC Specialty, formerly RA&MCO
2300 Clayton Road, Suite 1100
2. Mailing Address; Concord, CA 94520
100 Wes( Mulberry Street
Denton, TX 76201 Inquiries / Assistance: 925 -685 -1600
3, POLICY PERIOD: Effective Date: 0512912413 Expiration Date: 05/2912014
(12:01 a.m. Standard Time at, the above Mailing-Address)
4, Prior Acts Retroactive Date: 02/16/19.79
5. OUR.Limit_of Liability is: $1,000,000 for each CLAIM trade and reported to US.
$1,000,000 for the total of all.CLAIMS made..against
this.policy for this POLICY PERIOD.
NOTICE: DANYIAGE.S.AND CLAIM EXPENSES.ARE.IVITHIN OUR LImit OF LIABILITY.
Tbis,meaus that payments, by US of DAMAGES and CLAIM EXPENSES' upon exhaustion of YOUR Deductible
Will.reduce OUR Limit of Liability available• by the.amouut of such payment,
6, YOUR Deductible is. 1$ 0,000 - for each CLAIM inade and reported to US,
7. SCOUR Policy Premium is a. Flat Premium of; $16,002
NOTICE: THIS IS A CLAIMS MADE AND REPOIITFD.POLICY.
Ilik means that YOU are Covered, subject to all of the. provisions of this policy, for those CLAIMS of Nvhich
YOU had-no knowledge. prior to the. Effective-Date of this policy and of which WP, receive..first notice during [he
POLICY PERIOD or afsy applicable EXTENDED REPORTING PERIOD, PLEASE READ THE POLICY
CAREFULLY AND'DISCUSS THIS-.COVERAGE WITH YOUR INSURA1INCEAGENT OR BROKER.
FORM(S) AND ENDORSEMENT(S) MADE A PART OF THIS POLICY AT TIME OF ISSUE:
(See.FoiTm and.EndorsementsSchedule, RA&IvMCO n42 10104)
Countersigned at Concord, CA on 05/22/201.3 by: . 4�1� V, Z'a)L
.gun L, Bechter
MCO.II�stzrance, Services - Authorized Representative
MW IC49zat M4 Page 1 of 1
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