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2016-044ORDINANCE NO, 2016 -044 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES IN SUPPORT OF THE DESIGN OF THE NEW CITY OF DENTON FIRE STATION 4 TO BE LOCATED AT 2110 SHERMAN DRIVE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 6045 AWARDED TO KIRKPATRICK ARCHITECTURE STUDIO IN THE NOT -TO- EXCEED AMOUNT OF $399,200). 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. That the City Manager is hereby authorized to enter into a professional service contract with Kirkpatrick Architecture Studio, to provide professional design services for the design of the new City of Denton Fire Station 4, 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 6045 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 mm5 This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the & day of a , 2016. (1; S T, , AYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: � CONTRACT #6045 PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECT OR ENGINEER THIS AGREEMENT is made and entered into as of the 16TH day of February, 2016, by and between the City of Denton, Texas, a Texas municipal corporation, 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 1 EMPLOYMENT 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. 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. Page 1 Contract 6045 Design of Fire Station #4 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 AIA 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. Construction Cost Estimate Estimated completion time: 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 Professional 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. With the following deliverables: D5. 50% Progress Set D6. 90 % Progress Set D7. Construction Cost Estimate D8. Construction Set Estimated completion time: 56 days. Phase 4 — Bidding and Negotiations shall include the following: 1. Pre -Bid Conference and Tour — Design Professional will administer a conference and tour of the site for prospective bidders. 2. Addenda — Design Professional will respond to questions to potential bidders and provide clarification if necessary in the form of Addenda. 3. Evaluation of Bids - Once bids are received and opened by the City, Design Professional will aid in the evaluation of the bidders. Page 2 Contract 6045 Design of Fire Station #4 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 Document B101, 3.6 and in AIA Document A201 -2007. Scope of Services for Re- Zoning The current site is comprised of five parcels owned by the City. It is our understanding that the site shall be platted by the Owner's surveyor. The site will also need to be rezoned, as the current NR -3 zoning does not allow community services. We have included the rezoning as a line item under Basic Services. Optional Services: 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 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 B214 -2012. Scope of Work Provided by the Client 1. Topographical and Boundary surveys 2. Geotechnical Investigation and Report 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 (BFE), flood plain permitting or flood plain mapping. Page 3 Contract 6045 Design of Fire Station #4 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 permits application preparation or drawings 6. Traffic Impact Studies 7. TxDOT Permits 8. 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 Page 4 Contract 6045 Design of Fire Station #4 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 $ 46,080 2.1.2 PHASE 2 - For Basic Services the total compensation shall be $ 61,440 2.1.3 PHASE 3 - For Basic Services the total compensation shall be $ 122,880 2.1.4 PHASE 4 - For Basic Services the total compensation shall be $n 15,360 2.1.5 PHASE 5 - For Basic Services the total compensation shall be $ 61,440 2.1.6 REIMBURSABLE EXPENSES — shall not exceed $10,000.00 Optional LEED Certification Services - For LEED Certification Services the total compensation shall be $ 82,000 Total Not to Exceed Contract Amount without LEED $ 317 200 Total Not to Exceed Contract Amount with LEED $ 39(),2110 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, FAIA $175 /hour David M. Robinson $140 /hour Tim Deaton $115 /hour Technical Staff $105 /hour Expenses 1.10 times the cost 2.2.2 Compensation for Additional Services of outside consultants, 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. Page 5 Contract 6045 Design of Fire Station #4 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 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. CITY OF DENTON DocuSigned by: BY: GEORGE C�. CAMPBELL CITY MANAGER ATTEST: JENNIFER WA�TFR §ayCITY SECRETARY BY: (Pars 1111�_ .....1....1__111111____ APPROVED AS TO LEGAL FORM: ANITA BURGE�1, I Y ATTORNEY BY: , KIRKPATRICK ARCHITECTURE STUDIO DENTON,TEXAS DocuSigned by: BY: �iw�iVaVtGlc� JIM..... KL...........R`� OWNER (SIGNATURE) WITNESS: IM CITY OF DENTON Page 6 Contract 6045 Design of Fire Station #4 m rV714r, GENERAL CONDITIONS TO ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES 1.1 The Architect or Engineer'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 the Architect or Engineer (hereinafter called the "Design 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 Owner's approval a schedule for the performance of the Services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the Design Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties. 2.4.1 Based on the approved Design Development Documents and any further adjustments in the 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. 2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor. 2.43 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 having jurisdiction over the Project. 2.5 CONSTRUCTION CONTRACT PROCUREMENT 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 Page 7 C:\Users\2211725\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\B8J8712R\Contract 6045 - Design Services for Fire Station 4 final.doc limitation, the competitive sealed 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 the total construction cost of the Project as set forth in the approved Detailed StatememofProbable 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 w that the total construction cost or the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs. The Design Professional's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award oftmContract for Construction and terminates m the issuance mthe Owner of the final omifioate for Payment, unless extended under the terms of Subsection 8.3.2. 2.6z The Design Professional shall provide detailed administration vr the Contract for Construction as set forth below. For design ,muo ion^m the administration ,hoo also be in accordance with /oA document A201, General cv^xioono vr the Contract for Construction, current as mr the date or the Agreement as may be amended by the City of Denton special conditions, unless otherwise provided in the Agreement. For engineers the administration shall also ovin accordance with the Standard Specifications for Public Works Construction by the North Central Texas Council of Governments, current as of the date of the Agreement, unless otherwise provided inthe Agreement. 2.6-3 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified m extended without written agreement vf the Owner and Design Professional. 2�.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 time m time during the correction, m warranty period described iu the Contract for Construction. The Design Professional shall have authority m act vuhohmrort»^ Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument. 2.6.5 The Design pmKnuivnal shall observe the construction site at least one time xweek, while construction is in pmgru,, and as reasonably necessary while construction is not in progress, to become familiar with the progress and quality of the work completed and to determine if the work is being performed in a manner indicating that the work when completed will »eio accordance with the Contract Documents. Design Professional shall provide Owner u written report subsequent to each on-site visit. o^ the basis mr on-site observations thumesion,mfeooivno|ohal|ueevmeownvrinfonn,moythvpmureo,undvoo|kyofoe"wrk.ovuvnoU exercise the Degree of Care and diligence in discovering and promptly reporting to the Owner any observable defects or deficiencies in the work o[ Contractor many ,ubumxmmoo The Design Professional represents that »e will follow Degree vr Care inperforming all Services under the Agreement. The 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 vfv, payment for all or any part of the Design Professional's Services hereunder or of the Project itself shall inn^ way alter the Design Professional's obligations o,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 means, methods, techniques, sequences or rmvuoreo vr for safety precautions and programs i^ connection with the work. The Design Professional shall not m: responsible m,Uecontrammraocheuuw,m failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from Design Professional's negligent acts or omis- sions. The Design Professional h U not h control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or ofany other persons performing portions vf the work. 2.6.7 The Design Professional shall at all times have access mthe work wherever bioin preparation or progress 2.6.8 Except mmay otherwise be provided in the Contract Documents m when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Design Professional. Communications byand with the Design Professional's consultants shall be through the Design Professional. 2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Design Professional shall review and certify the amounts due the Contractor. 2.6.0 The Design Professional's certification for payment shall constitute a representation to the Owner, xaseumuth,o^eienpmfe,rivnd'oouoevati^^oatmeoitem provided in Subsection 2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has progressed m the point indicated and that the quality ^f the Work ioin accordance with the Contract Documents. The foregoing representations are subject m minor deviations from the Contract Documents cor- rectable v,ivrmuvmn|mivoonum,reuinuoualiouuionooxvum,m]hythecmuianpmVes,ivnm. The issuance v/^ Certificate for Payment shall further constitute u representation that the Contractor io entitled m payment m the amount certified. However, the issuance v/o Certificate for Payment shall not xeu representation that the Design Professional has (|) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid mu account or the Contract Sum. 2.6.11 The Design Professional shall have the responsibility and authority to reject work which does not conform to the Contract Documents. Whenever the Design Professional considers it necessary or advisable for implementation of the intent of the Contract owuumums, the Design Professional will have authority mrequire additional inspection ^, testing orthe work in oowrduoue with the provisions or the Contract Documents, whether v, not such Work is Wm,iovmd, 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 of the Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the work. 2.6.12 The Design Professional shall review and approve or take other appropriate action upon Contractor's 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) determining whether or not the work, when completed, will be in compliance with the requirements of the 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 vr other details such mdimensions and v"muibeo or for substantiating instructions for installation or performance of equipment or nmumo designed by the cvmmomr, all of which remain the responsibility vy the Contractor wthe extent required o' the Contract Documents. The Design Professional's review shall not constitute approval vroufetyprecautions vr,on|m,m»vm,i,e specifically stated »y the Design Professional, of construction means, methods, techniques, ouvmmcesm procedures. The Design Professional's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification m performance characteristics Page 8 c:\oourso211725\A,poum\Lvua]Vwiumoof&wi^dow,\Tempomry Intemetm|udCon*ntoouvv0mmVr|zm\contmot 6045- Design Services unrioutation4 finu|.dvx of materials, systems or equipment is required by the Contract Documents, the Design Professional shall be entitled mrely upon such certification mestablish that the materials, systems m equipment will meet the performance criteria required hv the Contract Documents. zo./s The Design Professional shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemednecessary by the Design Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent or 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 mr 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 on matters concerning performance of the Owner and Contractor under the requirements vf the Contract Documents mu written request of either the Owner vrContractor. The Design Professional's response m such requests shall hv made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Design Professional shall boconsistent with the intent vr and reasonably infemb|eonmthoC"nmc/ovo"om^mnodohun heio writing ^ri^ the form wdrawings. When making such interpretations and initial decisions, the Design Professional shall endeavor m secure faithful performance hy both Owner and Contractor, and shall not heliable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions ofmiu Agreement and in the absence m[negligence. 2.6.17 The Design Professional shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating w the execution v, progress v/ the work as provided in the Contract Documents. o.o.m The Design Professional (1) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages 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 the Agreement or diminish any of the Design Professional's obligations thereunder. 2.6./9 The Design Professional shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase. ARTICLE ADDITIONAL SERVICES 3.1 GENERAL 3./.1 The services described in this Article 3 are not included in Basic Services unless so identified in the vn Proposal, and they shall hx paid for hythe Owner as provided in the Agreement, in addition to the compensation for Basic Services, The services described under Sections 3.2 and 3.4 shall only be provided if authorized nr confirmed i^ writing oy the Owner. zf services described under Contingent Additional uomiw,oinmv*ivos.zmorevnindunomu|mumstam*es»eyoou 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 mproceed. Tf the Owner indicates in writing that all m part mr 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 m the negligence m fault ^r Design Professional. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subsection 26z is re«uired, the Design pmoes,iv^u shall provide one or more pvW^m Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall ov selected, employed and directed hy the Design pmfeodvou` and the Design Professional shall be compensated therefor as agreed »y the Owner and Design Professional. 3.3 CONTINGENT ADDITIONAL SERVICES 3s`1 Making material revisions in Drawings, Specifications or other documents when such revisions are: /. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program m Project budget; u. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. due to changes required as a result of the Owner's failure to render decision in a timely manner, 312 Providing services required because'ofnignificant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection z.5.z. 3�.3 Preparing omwi^a,' Svc6nomimuo and other uvuumommivu and supporting data, and ruwiainm other services in connection with Change ommz and Construction Change Directives. 33.4 Providing consultation concerning replacement of work damaged h/fire or other cause during construction, and furnishing services required mconnection with the replacement o such work. 3-3.5 pmviu|og services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure ofperformance of either the Owner m, Contractor under the Contract for Construction. Page c:\oovm\2z|17z5\Appoata\/oux|8wivmwmwinummonxmp^mrr Internet pi|oo\tnoteotD0000Mmmo7|un\Controut 6o*x- Design Services for Fire Station 4 fino|dvo 3-3.6 Providing services in evaluating an extensive number mclaims submitted by the Contractor wothers in connection with the work, 3-3.7 Providing services in connection with u public hearing, arbitration proceeding m legal proceeding ex^ept where the Design Professional is party thereto. 33.8 Providing services maddition to those required by Article 2 for preparing for alternate, separate or sequential bids mproviding services mconnection with bidding mconstruction prior m the completion of the Construction Documents Phase. 3-3.9 Notwithstanding anything contained mthe Agreement, Proposal o, these General Conditions m the contrary, all services described in this Article s 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 nv additional compensation uhmeonuh umuvmnen,xhmdvvmemmieopmfexsiono|hxthvoasicaevivvc7he intervening m concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9. �.1 Providing financial feasibility m other special studies. 3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4m Providing services relative m future facilities, systems and equipment. 3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.6 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied »y the Owner. 3.*.8 Providing detailed quantity surveys v, inventories of material, equipment and labor. 3.4o Providing analyses vr operating and maintenance costs. 3.4.10 Making investigations, inventories of materials or equipment, or valuations 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 furniture, furnishings and related equipment. 3.4.14 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration vf the Warranty period vr the Contract for Construction. 3.4.15 Providing services nr consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.1* Providing any other services not otherwise included in this Agreement v, not customarily firmi,hnx in accordance with generally accepted archhuumm| practice. 3^4.17 Preparing u set of reproducible record drawings in addition mthose required by Subsection 2.6.19, showing significant changes in the work made during con- struction based on marked-up prints, drawings and other data furnished uy the Contractor m the Design Professional. s.*./u Notwithstanding 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 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 ^uwmonu» dthmmp^^oativnduememesianmmfe,ri^omforthunasivaemiueu.rue intervening m concurrent negligence vf the Owner shall not limit the Design Professional's obligations under this Subsection s4.|x. 4.1 The Owner shall consult with the objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci- fically xes^hmd in Subsection 2�.1. *.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related m all vr these costs. *-3 If requested by the Design Professional, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations underthis Agreement. Page 10 c:\Users\2211 m»ernetmes\Content.Outlook\B8J8712R\Contract 6045'Design Services f6rFire Station 4 4.4 The Owner shall designate a representative authorized to act o^ the Owner's behalf with respect m the Project. The Owner msuch authorized representative mm| render decisions inu timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress or the Design Professional's services. 4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, lega limitations and utility locations for the site mrue Project, and uwritten legal description of the site. The surveys and legal information shall include, as applicable, grades and lines mr streets, alleys, pavements and adjoining property and mmumnn; adjacent onxoaoo; rights-of-way, restrictions, ,memumo onpmacxmenm, zoning, xouu rexmvhon,, uvunaud*o and contours vrthv vxm; |ouuhmns` 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 vn the survey shall be referenced wu project benchmark. 4.6 Where applicable, the Owner shall firmish the services of geotechnical engineers when such services are requested by the Design Professional. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and re- sistivity mots.i^v|umng,mc^,,myvw,nuimxforumhapmimssou-sni|mnaioono.nhxrepvrmx^oappmphm;pmoes,im.mrecwxm,mumio^o. 4.6.1 The Owner shall furnish 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 are 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 and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require mverify 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 ^r the 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 ho entitled m rely upon the accuracy and completeness mereorinUnu»,cnu,ornnyneglie:n*,m.thvpmuvrm*ocoimopmfe,oiono}. 4.10 The Owner shall give prompt written notice to the Design Professional if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract ovunmmm. *.// Design Professional shall propose language for uurtifivatuvr certifications moc requested vf the Design Professional vr 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 not mrequest certifications that would require knowledge o, services beyond the scope or the Agreement. ARTICLE CONSTRUCTION COST s/ CONSTRUCTION COST DEFINED 5.1.1 The Construction Cost shall n, the total cost vr estimated cost m the Owner vr all elements mr the Project designed vr specified hythe Design Professional. s./.o 'Me Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Design Professional, plus u reasonable allowance forthvCvmnmm'oo"erhuudxounmO/. In addition, a reasonable allowance for con- tingencies shall be included for market conditions at the time vr bidding and for changes |uthe work during construction. 5.13 Construction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way, financing m other costs which are the responsibility mr the Owner as provided iu Article 4. s.z RESPONSIBILITY FOR CmmmTmmcT/ON COST 5.2.1 Evaluations mr the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design Professional represent mumesi:xpmmessivnal',hes/jodummtmnm,,iexnmum,ionu|fami|im~immvomostmodvn|nunstry. ui, recognized, however, that neither the Design rmfeooiouu| nor the Owner has uvomol over the cost of labor, materials or cnoivmvm, over the oonoomnr, methods of determining bid ph*,o, or over competitive bidding vr 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 No fixed limit of Construction Cost shall be established as a condition of the Agreement by the furnishing, proposal v, establishment nfu Project budget, unless such fixed limit has been agreed upon in writing and signed hy the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted m 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 m the fixed limit. Fixed limits, ir any, shall be increased in the amount of an increase in the Contract Sum occurring after execution ofthe Contract for Construction. s.23/f the Procurement Phase has not commenced within 90 days after the Design Professional submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date vrouhmissim of the Construction Documents m the Owner and the date vn which proposals are sought. ARTICLE 6 OWNERSHIP AND USE oxDOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this Project are instruments of the 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 intended only be applicable to this Project, and Owner's use of such documents in other projects shall he at Owner's sole risk and expense. m 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 the Agreement, the Design Professional ix released from any and all liability relating m their use in that project Page l] c:\Vuors\2z|17z5\Anpoota\Louo|VwiumooM\vvindown\Tumvv,my Internet roo;\coo tent. oo#ovk\mWu7/zu\Cvntrxu60wr Design Services forrire Station nn^iuvc 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Design Professional's reserved rights. 7.1 The Design Professional may terminate the Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terms 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 the Design Professional. All work and labor being performed under the Agreement shall cease immediately upon Design Professional's receipt of such notice. Before the 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 in 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 Owner 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 shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Design Professional's services. 7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to the Design 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 Owner may terminate the Agreement by giving written notice. 7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shall be considered substantial non- performance and cause for termination. 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 of services 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 termination. ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL mm PAYMENTS WITHHELD »mdeductions shall be made from the Design Professional's compensation on account of penalty, liquidated damages mother sums withheld from payments m contractors, mmu account vf the cost o[changes in the work other than those for which the Design Professional ioresponsible. 8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owner's authorized representative records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense for inspection and copying during regular business hours for three years after the date vf the final Certificate o[ Payment, v, until any litigation related m the Project iofino|. whichever date in |xm^ "11111 rol I WA 101110154 10111611 o The Design Professional shall indemnify and save and hold harmless the Owner and its officers, agents, and employeesb�md��my�� m��a��i��|��m�nm��m��by the Owner, and including, without limitation, damages for bodily and personal i and property damage, resulting from the negligent acts m omissions or the Design Professional vrits officers, shareholders, agents, o, employees io the performance orthe 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 /oINSURANCE During the performance vr the Services under the Agreement, Design Professional shall 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 has a rating with Best Rate Carriers vrm least unA-o,above: zo./ Comprehensive General Liability Insurance with bodily injury limits mrnot 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 each occurrence and not less than $250,000 in the aggregate. 10.z Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits vf not less than $|oo.nO0 for each accident. 10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits vr not less than $}oo.000 for each accident including occupational disease. 10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual uasoaatu 10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner evidencing insurance m 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 each 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 ofthe change or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of this Article 10. ARTICLE zI MISCELLANEOUS PROVISIONS 11.1 The Agreement shall ov governed h/thv|awsvfthvutateofTexas. Venue mr any suit o, cause ^r action under the Agreement shall lie exclusively in Denton c^oms Texas. 11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other partyto this Agreement and m the partners, successors, assigns and legal representatives mr such other party with respect mall covenants ^[ this Agreement. The Design Professional shall not assign its interests iu the Agreement without the written consent of the Owner. 11-3 The term Agreement as used herein includes the executed Agreement, the Proposal, these General Conditions and other attachments referenced in Section 3 ofthe Agreement which together represent the entire and integrated agreement between the Owner and Design Professional and supersedes all prior negoximivno representations eorecmenm, either written or oral. The Agreement may he amended only by written instrument manuu ox both Owner and Design mmxso'vno/. When interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall m the uxtentmmi, reasonably possible ue read avmmharmonize the provisions. However, should the provisions vf these documents hein conflict w that they can not hv reasonably harmonized, such documents shall he given priority io the following order: 1. The executed Agreement z. Attachments referenced in Section 3^fthe Agreement other than the Proposal 3. These General Provisions 4. The Proposal 11.4 Nothing contained in the Agreement shall create o contractual relationship with mn cause wr action m favor vfo third party against either the Owner v,Design Professional. /ls Upon receipt vr prior written approval vr Owner, the Design Professional shall have the right m include representations ^f the design mr the Project, including photographs of the exterior and interior, among the Design Professional's promotional and pmfe,oivuo| materials. The Design Professional's materials shall not include the Owner's confiuumiu|v, proprietary information if the Owner has previously advised the Design Professional i^ writing of the specific information considered hy the Owner m»^ confi- dential mrmphvtap The Owner shall provide professional credit for the Design Professional on the construction sign and in the promotional materials for the Project. Page 13 C:\Users\2211725\AppData\Local\Microsoft\Windows\Temporary InternetBles\Content.Outlook\Bmm|2R\Contract 604s-Design Services for Fire Station 4 11.6 Approval hy the Owner shall not constitute, nor be deemed urelease of the responsibility and liability of the Design Professional, its employees, associates, agents, subcontractors, and m»umuu|umts for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption ofsuch responsibility by the Owner for any defect io the design or other work prepared uy the Design Professional, /mxmnwree,.00uvontrammn.uovms.mmunnmxunto. 11.7 All notices, communications, and reports required or permitted under the Agreement shall be personally delivered or mailed to the respective parties ordepositing 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 party to whom such notice is given, or within three (3) days after mailing. //.t If any provision of the Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall bm considered severable from the remainder wf 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 aothey may now read ", hereinafter bu amended during the term of this Agreement. Adopted 06/2912007 Page 14 C:\Users\2211725\AppData\Local\MicrosoffiWindows\Temporary Internet Fi| 8J87/2R\Contract 6045-Design Services for Fire Station* � 1 � 1 1,1 , K A S ��Z Using the construction costs of Station No. 2 as a guide and assuming a five percent increase in construction costs, the assumed cost per square foot would be $351. Thus the projected cost of the R roject is approximately $4,425,000. 100 West Mulberry 940/387 .8182tel Denton.Texas 940/383.0262fax 7 • 2 0 1 www.k-a-studio.com U� �' . . + f Weliverables D4. Construction Cost EstiniTtT Teliverables D5. 50% Progress Set D6. 95 % Progress Set D7. Construction Cost Estim W. Construction Set Phase Four - Bid din 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 necessary in the form 1 f Addenda. aw= mxs, 1 B 4.3. Evaluation of Proposals - Once bids are received and opened by the City, KAS will qi4i 4 the ev.-,Iurtion of the bidders. 01 1 11 11 1 ._A- =N I VW*WVLWKWNW*xN—r 9 MIJAN-i'LF I V-AW"p rim ri'INAO-mwi, 1 P1 I I Hai Luu-.Wl "I U4"-#j,!P I I No site shall be platted by the Owner's surveyor. The site will also need to be rezoned, as the current NR-3 zoning does not allow community services. We have included the rezoning as a line itern under Basic Services. MR Prereq 1 Storage and Collection of Recyclables Indoor Environmental Quality IEQ r.. 1........ I Minimum Indoor Air Quality Performance F 111dip-, Up T) rp Scope of Work Provl -Cflent . . ...... 1. To phi 1 and Boundary surveys 2. Geotechnical Investigation and Report 3. Soil Investigation required for geothermal 1J`VAC 4. Construction Observation and Materials Testing &o I Compensation ,i,escribed below. 0 Basic Services Compensation shall be a stipulated sum in the amount of $300,000. Tree Survey Compensation shall be a stipulated sum in the amount of $4,200. Submission Rezoning Compensation shall be a stipulated sum in the amount of $3,000. LEED Services Compensation services not already included in Basic Services shall be a stipulated sum in the amount of $82,000. Non-reimbursable Expenses - KAS° cles the following in our scope 1. In - house printing • Page 5 19 January 2016 2. Phone calls 3. Travel within north Texas Reimbursable Expenses The following are not included in Basic Services and shall be billed reimbursable expense and shall be provided to the Owner at the cost invoiced to KAS plus ten percent (10 %). The total cost shall for printing shall not exceed $10,000 without the written permission of the owner. 1. Printing for presentations, Owner, meetings, and regulatory review 2. Texas Accessibility Standard Plan Review and Post - Construction Inspection Consultants — The finalization of the consultant team is dependent on if LEED certification is pursued. Additional Services — Services 'required and authorized beyond the scope of Basic Services will be invoiced on the basis of personnel time and expenses. James R Kirkpatrick, FAIA $175/hour David M. Robinson, AIA $140/hour Project Manager $115/hour Technical Staff $105/hour Expenses 1.10 times the cost Consultants have their own hourly rate structure. Should you have any questions or require additional information, please contact me at your convenience. Best Regards, David M. Robinson, AIA K f A S Attachment Contract # 6045 1 1 1 1 1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos,1 •4 and 6 4 there are interested parties. OFFICE USE ONLY Complete Nos, 1, 2, 3, 5, and 6 If there are no interested parties, CERTIFICATION OF FILING .�a .�w ... —�Y - .. s - -t ..,.,i .. �m.�_� 1 Name of business entity flling form, end the city, state and country of the business entity's place 'Certificate Number: of business. 2016 -8019 Kirkpatrick Architecture Studio Denton, TX United States Date Filed: „...„ m �,,- �� —� ,.,�,,." 02/02/2016 t Name o governmental entity or state agency that�s a party to ttte contract for which the orm is being filed. City of Denton Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. 6045 Professional design services for Fire Station No, 2 4 _ _ Name of Interested Party_ City, state, Country (place of business) NaControll ngest (chin enr dlcaryleJ Kirkpatrick, Glenna Denton, TX United States X Kirkpatrick, James Denton, TX United States X i 5 Check only if there is NO Intere ted Party. � �m�ry mW�� 6 AFFIDAVfT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. f'i�¢rnt�ire of authorized sllr a of contracting business entity AFFIX NOTARY STAMP 1 SEAL ABOVE 2i , to certl which, witness m hand and seal ofific ___........._._:. s the ,mmm_ ,day of Sworn to and subscribed before me, b the said "wV gym. °.0 t thi " t ELAINE SANDERS I/ �� Notary Public, State of Texas i � �� gg �`� � � �� P � i i � � � ° � �� My Comm. Expires 08127!2019 Slgnatureirr edmirnstrin oath Printed name of off c II to g er administenng oath Title of officer administering oath Forms it ovine° by Texas Ethics Commission www.ethics.state.tx.us Veision I..0, 41 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICEU3EONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, Date Received by a vendor who has a business relationship as defined by Section 176.001(1 -a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a -1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local li Government Code. An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. ;C" ,k pat, a:` "i C k A r chi t m;;;^ r,':7 0 u i' e rut 1 k Y' i rt; x If you are filing an update to a previously filed questfonne (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incotlxoleie or inaccurate.t Name of local government officer about whom the information In this section Is being disclosed. K ely Briggs Name of Officer This section (item 3 Including subparts A, B, C, & D) must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1 -a), Local Government Code. Attach additional pages to this Form CIO 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 vendor? !-7— Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes ED 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 interest of one percent or more? ED Yes l No D. Describe each employment or business and family relationship with the local government officer named in this section, Ms , Ba,.J 9g ry i +, s i ^,wt a i 'uu i aw cfi Jznmrxs la? , d, i r-k t a i r;r'k ° s d : :io..�u. htei° . Signature ray vendor doing business with the governmental entity 02 iek>xi.a7), „r ,;lit'+ Date Adopted 817/2015 CERTIFICATE OF LIABILITY INSURANCE DATE /21 /IYY5 12/21/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsenlent(s), PRODUCER _.. _ _.. CO TACT McLaughlin Brunson Insurance Agency, LLP NAME: ,,,,,,,,,Joseph A Bryant 12801gN Central Expressway g y, HONE (214) 503 -1212 (A/C,,N,o)(214) 503 8899 P Y AIC,.NS. F ,t), Ste. 1710 E -MAIL ADDRESS:. Dallas TX 75243 __ ...._ _ ...... "....... IN:SURER(S) AFFORDING COVERAGE NAIL 9 ...... ..... , INSURERA:XL Specialty „Insurance Company 37885 INSURED (940) 387 -8182 INSURER B: Kirkpatrick Architecture Studio, Inc. "" ..._ .... ... ".. ,,, ,,,,,,,,, ,,,,,A„ -----......... ............... INSURER C : 100 West Mulberry Street INSURER D: Denton TX 76201 INSURER E: COVERAGES CERTIFICATE NUMBER: Cert ID 30924 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD SUBkp,.. , ,R POLICY EFF........ L.TR TYPE OF INSURANCE POL1pY NUMBER MM /DDIYYYY ... . ...... ......... M122f i XP LIMITS MM /DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ bAMAGE 1O M. "WMiJ COMMERCIAL GENERAL_ LIABILITY „ PREMISES (En_ueuurrenr,.e)., $ ......... ,,, CLAIMS -MADE ,... OCCUR MED EXP (Any person) $ v___ . ..... -----......... _._ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ VT. POLICY P LOC CT AUTOMOBILE LIABILITY " ................ COMBINED ffl -NG2. E'LIMIT qka „asa�clstler�rl). ........ $ ......... ANY AUTO BODILY INJURY (Per person) ................. $ ... ......... ALL OWNED „.... SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON -OWNED r R(e ER CY DAMAtr.. f, $ HIRED AUTOS AUTOS ,{,l3yr noc:dent) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU OTH- AND EMPLOYERS' LIABILITY Y / N ....TOR,Y IM.ITS _..ELR ” ". .,.,.._. ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory In NH) E.L.. DISEASE - EA EMPLOYE $ _ If yyes, describe under DFSCR.IPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liability Y DPR9724232 5/29/2015 5/29/2016 Per Claim/ $ 2,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the policy period and is subject to a deductible. Thirty (30) Days Notice of Cancellation in favor of the certificate holder on all policies. A waiver of subrogation is shown in favor of the City of Denton, its Officials, Agents, Employees and volunteers as required by contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Denton ACCORDANCE WITH THE POLICY PROVISIONS. 215 E. McKinney Street AUTHORIZED REPRESENTATIVE Denton TX 76201 01 CN d waMp © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Page 1 of 1 PDATE (MM /DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE z�22�2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such ondorsofnent(s). PRODUCER CO TACT Tina Mauldin N�NtF _.. - -- - -. Agents Alliance Services, Ltd PHONE (800)453 -9691 FAX Noj (940)243-1050 g tilt N041 EX0 _ % E -MAIL y g , Ramey King Insurance ADDRESS;tinamauldin @rams kin com 320 Eagle Drive, Ste 210 ...... INSURER(S)AFFORDING 49 /k RA NAIL# Denton TX 76201 INSURERAAllied„ Property & Casualty ....... 42579 ® _ ..... INSURED INSURER B Hartford Sentinel Insurance 11000 ......... ..... ,. ..__....... James R. Kirkpatrick Architect, Inc. INSURERC,RT Specialty Insurance Services,......,_,,......,.,. ...... 100 W MULBERRY ST wauRFRnliartford Ins. Co. of Midwest 37478 DENTON TX 76201 -6010 JIMSURER F - COVERAGES CERTIFICATE NUIMBER:CL15112423694 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE,POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. m_ IIt1k";"aR ..... dD - -fiLi OBE........ .. TR TYPE OF INSURANCE POLICY NUMBER POLICY tTF'F POLICY EXP LIMITS M IDDPYYYY MMiDO YYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 � VaAMAGt TO ArfIYEO -. 300,000 A CLAIMS -MADE N X „1 OCCUR PPN � W ,4 IFa pccuGrehai: ._ ACPBPOC7282590811 3/13/2015 3/13/2016 MED EXP (Anyone person) $ _ 5,000 000 _ ... PERSONAL &ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ -. 2,000,000 X POLICY RR O- LOC PRODUCTS COMP /OP AGG $ 2,000,000 t TI-JER, Non -owned $ 1,000,000 AUTOMOBILE LIABILITY C,OMU..D I '�,� N ' - IL. IN' $ (ra Ac idpl ty ... - — __ -- 1,000,000 ANY AUTO BODILY INJURY (Per person) $ ...... ..... ........ B ALL OWNED X SCHEDULED 46UECAP4768 10/16/2015 10/16/2016 BODILY INJURY (Per accident) $ __...... AUTOS AUTOS NON-OWNED �fR (w'Lfd1 M D At F $ X HIRED AUTOS % (stulrJ�ruSN, ,, Medical a ments $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 4,000,000” C EXCESS LIAB CLAIMS MADE AGGREGATE $ 4,000,000 DED RETENTION $ 74039Q150ALi 11/23/2015 11/23/2016 $ WORKERS COMPENSATION X PER FR,® YIN PROPRIETOR/PARTNER/EXECUTIVE E,L, ACH ACCIDENT $ �_ 1, l)OQ " 9- OFFIC R/MMBER EXCL EXCLUDED? J � NIA D (Mandatory In NH) 46WBCLO3481 9/1/2015 9 1 2016 / / E.L._DISEASE A EMPLOYEE $ 1, 000, 000 If yes, describe under DESCRIPTION OF OPERATIONS below _E .L DISEASE -POLICY LIMIT $ 1,000,000 I DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Denton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 215 E. McKinney St Denton, TX 76201 ''.. AUTHORIZED REPRESENTATIVE (Jeff King /ANG ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 /9n1401I ADDITIONAL COVERAGES Ref # Descri t p Coverage de Form o. Edition Date HIRED AUTO HRDBB .... Limit 1 Limit 2 ....,. .�. m Limit 3 Deductible Amount — ....... ductible Type . Premium 1, 000.000 _ .. ]"De $31.0 0 �_.._ Ref # Descri tion p Coverage Code g Edition Form No Edition Date TERRORISM TERR Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # ..... � Co de �... Form N o. Edition Date Uninsured motorist combined Jm sin g le limit UMCSL m__ ..... Limit 1 Limit 2 __�e _.. .........._ Limit 3 Deductible Amount Ded ucti a Type rem Premium ,1,000,000 �. ,...... .m . � Descri tn of # w � Coverage Code age C Form N o. Edition Date Expense constant E Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type _. .... Premium � $180.00 Ref # Description Coverage Code Form No Edition Date TERRORISM TERR Limit 1 mit 2 mit 3 Deductible Amount Deductible Type Premium .. ..._ kll .._ .�. �m. m . .. ..,,.__. $74.00 ......._. w._ D Ref # escription Coverage Code Form No., Edition Date Merit Surcharge MERIT IT Limit 1 Limit 2 � Limit 3 Deductib le Amount Deductible Type YP Premium rem �. �-... _._.. - $83.00 Ref # Descri tion� p Coverage Code g Form No. Edition Date _ .._ Li mit 1 Limit 2 w. ,,......._ _ .. bl Limit 3ductible Amount Deductible Type Premium ......... _.. _ . Ref # Description ,._. _.... _. �_ ,. �.m p .overage Code Form No Edition Date ____�_._ Limit 1 ^^ ------ -- [Limit 3 Deductible Amount Deductible Type m- Premium ................ w.L'.m.'.t.2 ................. Ref # Description .. ,..... �� Coverage Code Form No Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Descri p tion Coverage.Codq o, Form No. Edition.Date Limit 1 Limit 2 —.r_� ...... ... ..... ... Limit 3 1 Deductible Amount .,.� Deductib le Type Premium ww o Ref # Description .. .m. ... .... ^^^ Coverage No.. _... Editi.. Coverage Code 'on Date Limit 1 vy m Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Services, Inc. Docusign City Council Transmittal Coversheet Contract 6045 File Name Design of Fire Station #4 Purchasing Contact Elton Brock City Council Target Date 02/16/16 Granicus # Ordinance # Certificate Of Completion Envelope Id: 1CF32BO79A614970AB5583F10C56DB23 Subject: Please DocuSign: Contract 6045 Fire Station 4 Design.pdf Source Envelope: Document Pages: 29 Signatures: 4 Certificate Pages: 6 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Disabled Time Zone: (UTC- 08:00) Pacific Time (US & Canada) Record Tracking Status: Original 2/2/2016 1:41:51 PM Signer Events Elton Brock elton.brock@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered ID: Jim Kirkpatrick, Owner jim @k- a- studio.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 2/2/2016 2:36:43 PM ID: 19a663c3- 711f- 47cc- 9f7a- 00da392bdc80 John Knight john.knight @cityofdenton.com Deputy City Attorney City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered ID: George C. Campbell george.campbell@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered ID: Holder: Elton Brock elton.brock@cityofdenton.com Signature Completed Using IP Address: 129.120.6.150 ED—Signed by: iwV6p vk, Sut& r FDA94F547C8848A . Using IP Address: 97.94.216.142 ED—Signed by: C821996C2A2B439... Using IP Address: 129.120.6.150 Et D o cuSigned by: C. (a.w,pl��(,(, 4884E925FOE6480... Using IP Address: 129.120.6.150 Status: Completed Envelope Originator: Elton Brock elton.brock @cityofdenton.com I P Address: 129.120.6.150 Location: DocuSign Timestamp Sent: 2/2/2016 1:49:54 PM Viewed: 2/2/2016 1:50:09 PM Signed: 2/2/2016 1:51:13 PM Sent: 2/2/2016 1:51:15 PM Viewed: 2/2/2016 2:36:43 PM Signed: 2/2/2016 2:37:50 PM Sent: 2/2/2016 2:37:54 PM Viewed: 2/2/2016 2:45:33 PM Signed: 2/2/2016 2:45:46 PM Sent: 3/2/2016 7:14:58 AM Viewed: 3/2/2016 7:57:26 AM Signed: 3/2/2016 8:02:33 AM S t C U ft t Signer Events Signature Timestamp Jennifer Walters D— Signed by: DCu5BFtAFiC�1 wAhA Sent: 3/2/2016 8:02:35 AM jennifer .walters @cityofdenton.com Viewed: 3/2/2016 9:43:25 AM City Secretary az,g aeD Signed: 3/2/2016 9:43:51 AM City of Denton Security Level: Email, Account Authentication Using IP Address: 129.120.6.150 (Optional) Electronic Record and Signature Disclosure: Not Offered ID: In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Julia Winkley� Sent: 2/2/2016 2:37:52 PM julia.winkley @cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 3/3/2016 8:39:03 AM ID:a2deff78- 5023 - 4478- 81f4- e4368dd78bf2 Sherri Thurman Sent: 2/2/2016 2:37:52 PM sherri.thurman @cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered ID: Robin Fox Sent: 3/2/2016 7:14:57 AM Robin.fox @cityofdenton.com Viewed: 3/2/2016 8:04:12 AM Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 10/9/2015 11:39:51 AM ID: 04463961- 03db -4c4d- 9228- d660d6146ed6 Jennifer Bridges Sent: 3/2/2016 9:43:53 AM jennifer.bridges@cityofdenton.com Procurement Assistant City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered ID: Herman Lawson, Project Manager Sent: 3/2/2016 9:43:55 AM herman.lawson @cityofdenton.com Viewed: 3/2/2016 10:31:34 AM Security Level: Email, Account Authentication (Optional) Carbon Copy Events Status Electronic Record and Signature Disclosure: Accepted: 8/11/2015 1:16:56 PM ID:c1ff2170- cbcd- 401e- ab74- 8bd3b4e69c87 Jane Richardson Pi E jane .richardson @cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered ID: Notary Events Envelope Summary Events Status Envelope Sent Hashed /Encrypted Certified Delivered Security Checked Signing Complete Security Checked Completed Security Checked Electronic Record and Signature Disclosure Timestamp Sent: 3/2/2016 9:43:57 AM Viewed: 3/3/2016 1:50:08 PM Timestamp Timestamps 3/2/2016 9:43:57 AM 3/2/2016 9:43:57 AM 3/2/2016 9:43:57 AM 3/2/2016 9:43:57 AM Electronic Record and Signature Disclosure created on: 4/20/2015 2:25:38 PM Parties agreed to: Jim Kirkpatrick, Owner, Julia Winkley, Robin Fox, Herman Lawson, Project Manager ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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