2008-014ORDINANCE NO. v~DOB Z
AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
A PROFESSIONAL SERVICES AGREEMENT WITH THE FIRM OF BROWN REYNOLDS
WATFORD ARCHITECTS, INC., TO PROVIDE ARCHITECTURAL DESIGN SERVICES FOR
THE CITY OF DENTON SENIOR CENTER; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR, AND PROVIDING AN EFFECTIVE DATE (FILE 3943 IN AN AMOUNT NOT TO
EXCEED $145,000).
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 Brown Reynolds Watford Architects, Inc., to provide professional architectural and
related services for the renovation of the City of Denton Senior Center, 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 findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the A4, day of 12008.
rn -4w&
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR ED AS LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
3-OR 43
ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
THIS AGREEMENT is made and entered into as of the, day of
2009 by and between the City of Denton, Texas, a Texas municipal corporation,
w#h its princj~al office at 215 East McKinney Street, Denton, Denton County, Texas 76201,
hereinafter called "Owner" and Brown Reynolds Watford Architects, Inc. with its corporate office at
3535 Travis Street, Suite 250, LB-102, Dallas, TX 75204 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, (describe the Project in the space below or in an attachment)
Per Design Professional's Proposal attached, including the Project Scope as the preparation of plans and
documents for the renovation and an approximately 3,000 square feet building addition to the existing
Denton Senior Center, located at 509 N. Bell Avenue, Denton,TX. Exterior site work will include
minimal grading, landscaping, and irrigation as required by the building expansion and landscaping
ordinances. The City will renovate and expand the existing parking lot under separate contract.
SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the total compensation for Architectural Services : $130,000.00
Additional Services Fee Allowances: Topographic, Tree & Utility Survey: $10,000.00
Geotechnical Survey: $5,000.00
2.1.2 Progress payments for Basic Services shall be paid in the following percentages for of the
total compensation for the Basic Services satisfactorily completed at the end of the following phases
of the Project:
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Programming
5%
Schematic Design
15%
Design Development
155%
Construction Documents
40%
Bidding
5%
Construction Administration
20%
Total
100%
2.2 ADDITIONAL SERVICES
2.2.1 Compensation for Additional Services is as follows:
Principals
Project Director
Project Manager
Project Architect
Architect
Technicial
Clerical Staff
$195.00 per hour
170.00 per hour
145.00 per hour
125.00 per hour
110.00 per hour
85.00 per hour
65.00 per hour
2.2.2 Compensation for Additional Services of consultants, including additional structural,
mechanical and electrical engineering services shall be based on a multiple of 1_1 times the
amounts billed to the Design Professional for such additional services.
2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1_0 times the
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 $6,000 without the
prior written approval of the Owner.
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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. The Design Professional's Proposal
3. Attachments _ through
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
BY:
GE RGE C. CAMPBELL
CITY MANAGER
ATTEST:
JE IFER WA\LTERS,, CITY SECRETARY
BYO>n~~s~N,~
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:6~%%~~ , BROWN R OLDS W ARCHITECTS, INC.
BY
er/R epresentative
WITNESS:
BY:
6;iF2y C:5-V216Z
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CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE]. ARCHITECT OR ENGINEER'S RESPONSIBILITIES
1.1 The Amhitect 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 he ped'orned 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 Professiond shall submit for the Owners 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 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 DEFINED 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 normal structural, civil, mechanical and electrical engineering services and 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.
2.2 SCHEMATIC 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 shall provide a preliminary evaluation of the Owners program, construction schedule and construction budget requirements, each in
terms of the other, subject to the limitations sal forth in Subsection 5.2.1.
2.23 The Design Professional shall review with the Owner altemative approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Design Professional shall prepare, for approval by the Owner,
Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of project components. The Schematic Design shall
contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations.
2.25 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 the
commencement to the completion of construction.
23 DESIGN DEVELOPMENT PHASE
23.1 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 and other documents to fix and describe the size and
character of the Pmject 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 Design Professional shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described
in Section 2.2.5.
2.4 CONSTRUCTION DOCUMENTS PHASE
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 infomotiom 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 Owners responsibility for filing documents required for the approval of governmental
authorities havingjurisdiction over the project.
25 CONSTRUCTION CONTRACT PROCUREMENT
2.5.1 The Design Professional, following the Owners 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 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.
25.2 If the construction contract amount for the Project exceeds the 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 requited 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 in 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 under this Agreement commences with the award of the Contract
for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of Subsection 8.3.2.
2.6.2 The Design Professional shall provide detailed administration of the Contract for Construction as set forth below. For design pmfessionalss 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 the Agreement. For engineers the administration shall also he 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 Agreement, unless otherwise
provided in the Agreement.
2.63 Construction Phase duties, responsibilities and limitations of authority of the Design Professional shall not be restricted, modified or extended without written
agreement of the Owner and Design Professional.
2.6.4 The Design Pmfessio ud 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 to time during the correction, or warranty period described in the Contract for Construction. The Design Professional shall have authority to act on behalf of the
Owner only to the extent provided in the Agreement and these General Conditions, unless otherwise modified by written instrument.
2.65 The Design Professional shall observe the concoction site at least one time a month, and as neessary during construction , 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 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, and 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 he will follow Degree of Care in performing all Services under the Agreement. The Design Professional shall
promptly correct any defective designs or specifications famished by the Design Professional at no cost to the Owner. The Owner's approval, acceptance, use of or
payment for all or any par 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 constnction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the 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 from Design Professional's negligent acts or omis-
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 of the 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 otherwise 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 he through the Design Professional.
2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of the Contractors 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 in 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 of the Work is in accordance with the Contract Documents. The foregoing representations are subject to mirror deviations firm 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 for what purpose the Contractor
has used money previously paid on account of the Contract Sum.
2.6.11 The Design Professional shall have the nsponsibility 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 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 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, sutures, 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 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. When 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 performance criteria required by the Contract Documents.
2.6.13 The Design Professional shall prepare Change Orders and Construction Change Diretives, with supporting documentation and data if deemed necessary 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
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 on masers concerning performance of the Owner and Contractor under the requiraurnents
of the Contract Documents on written request of either the Owner 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 the form of drawings. When making such interpretations and initial decisions, the Design Professional shall endeavor to secure faithful performance
by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so tendered in good faith in accordance with all the provisions of this
Agreement and in the absence of 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 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 Cate; (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 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
the Construction Phase.
ARTICLE3 ADDITIONAL 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 shall be paid for by the
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 or confirmed in writing 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 Ownerto proceed. If the Owner indicates in writing that all or pan 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 of Design Professional.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If 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 he selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as
agreed by the Owner and Design Professional.
33 CONTINGENT ADDITIONAL SERVICES
33.1 Making material revisions in Drawings, Specifications or other documents when such revisions are:
1. inconsistent with approvals or inspections previously given by the Owner, including revisions made necessary by adjustments in the Owner's
program or Project budget;
2. 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 tender decision in a timely manner.
33.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owners schedule, except
for services required under Subsection 2.52.
333 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and
Construction Change Directives.
33.4 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 the work of the Contractor, or by failure of pcrtomiance
of either the Owner or Contractor under the Contract for Construction.
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33.6 Providing services in evaluating an extensive number of claims submittal by the Contractoror others in connection with the work
33.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where 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 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that am
caused or necessitated in whole or in part due to the negligent act nr omission of the Design Professional shall be performed by the Design Professional as a pan of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence ofthe Owner shall not limit the Design Professional's obligations under this Subsection 3.3.9.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibility or other special studies.
3.4.2 Providing planning surveys, site evaluations or comparative studies ofprospective 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.
3.45 Providing services to investigate existing conditions or facilities orto 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 ofconstmclion performed by separate contractors or by the Owner's own forces and coordination of services requited 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 ofmaterials or equipment, or valuations and detailed appraisals ofexisting facilities.
3.4.12 Providing assistance in the utilivation 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 of the Wanamy
period of the Contract for Construction.
3.4.15 Providing services of consultants for other than architectural, civil, structural, mechanical and electrical engineering portions of the Project provided as a part of
Basic Services.
3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished 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 m eked-up priors, drawings and other data famished by the Contractor to the Design Professional.
3.4.18 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 pan due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a pan of the
Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The
intervening or concurrent negligence of the Owner shall not limit the Design Professional's obligations under this Subsection 3.4.18.
ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1 The Owner shall consult with the 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 speci-
fically described in Subsection 2.2.1.
4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable comingera.es
related to all of these costs.
43 If requested by the Design Professional, the Owner shall famish evidence that financial arrangements have been made to fulfill the Owner's obligations under this
Agreement.
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4.4 The Owner shall designate a representative authorized to act on the Owners behalf with respect to the project. The Owner or such authorized representative shall
render decisions in a timely manner pertaining to documents submitted by the Design Professional in order to avoid unreasonable delay in the orderly and sequential
progress of the Design Professional's services.
4S 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 struts, 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 benchmark.
The Design Professional shall provide a Topographic, Tree, Utility and Easement Survey as necessary for the building addition.
4.6 The Design Professional shall provide gemechnical investigation tests for the building addition Such services may include but are not limited to lest borings,
test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary
operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations.
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 pan of its Basic Services or Additional Services.
4.7 When not a pan 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 insumnce counseling services as may he 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 of 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 Owners expense, and the Design
Professional shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the pan 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 in the Pmject or nonconformance with
the Contact 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 not to request certifications that would require
knowledge or services beyond the scope of the Agreement.
ARTICLE 5 CONSTRUCTION COST
5.1 CONSTRUCTION COST DEFINED
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 the Design Professional.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials famished by the Owner and equipment designed, specified, selected or
specially provided for by the Design Professional, plus a reasonable allowance for the Contractors 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.
5.1-3 Constmction Cost does not include the compensation of the Design Professional and Design Professional's consultants, the 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 Owners Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Design
Professiorel represent the Design Professional's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither
the Design Professional nor the Owner has control over the cost of labor, materials or equipment, over the Contractors 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 Owners Pmject 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 furnishing, preposd or establishment of a Project budget, unless
such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Design Professional shall be permitted
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 alienate bids to adjust the
Construction Cost to the fixed limit Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract
for Construction.
5.21 If the Procurement Phase has not commenced within 90 days after the Design Professional submits the Constmaion Documents to the Owner, any Pmject
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 which proposals are sought.
ARTICLE6 OWNERSHIP AND USE OF DOCUMENTS
6.1 The Drawings, Specifications and other documents prepared by the Design Pmfessiond 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 be at Owner's sole risk and expense In the event the
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Owner uses any of the information or materials developed pursuant to the Agreement in another project or for other purposes than arc specified in the Agreement, the Design
Professional is released from am and all liability relating to their use in that project
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 constmed as publication
in derogation of the Design Professional's reserved rights.
ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT
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
terns 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.
73 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 Pmjmt 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 my, 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
8.1 DIRECT PERSONNEL EXPENSE
A,1.1 Direct Personnel Expense is defined as the direct salaries of the Design Ptfessional'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 axes and other statutory employee benefits, insurance, sick leave, holidays,
vacations, pensions and similar contributions and benefits.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable Expenses am in addition to compensation for Basic and Additional Services and include expenses insured 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 with the Project; expenses in connection with authorized out-of-town travel; long-distance communications;
and fees paid for securing approval of authorities havingjurisdiction over the Project.
8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.619), postage and handling of Drawings,
Specifications and other documents.
8.2.13 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates.
8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner.
8.2-1-A Expense of a 3 iipw" aided design and diall ng eq-iptaimt t me whm wed it eami,,sian with the Prv~lee!
8.2.1.6 Other expenses that are approved in advance in writing by the Owner.
83 PAYMENTS ON ACCOUNT OF BASIC SERVICES
83.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the
basis set forth in Section 2 of the Agreement and the schedule of work
83.2 If and to the extent that 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.
833 When compensation is based on a percentage of Commaction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for
those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth 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 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
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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 the
presentation to the Owner of the Design Professional's statement of services rendered or expenses incurred.
8.5 PAYMENTS WITHHELD No deductions shall be made from the Design Pm(essional's compensation on account of penalty, liquidated damages or other sums withheld
from payments to contractors, or on account of the cost of changes in the work other than those for which the Design Professional is responsible.
8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make available to Owner or Owners 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 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 and hold hamtless 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 the Owner, and including, without
limitation, damages for bodily and personal injury, death and 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 consumed 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 performance of 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 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 each 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 each 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 Deleted
10.5 The Design Professional shall famish 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 each policy shall contain a prevision 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, famish Owner with substitute certificates of insurance meeting the requirements of this Article 10.
ARTICLE I I MISCELLANEOUS PROVISIONS
11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suitor cause of action urxl r 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 the 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, these General Conditions and the other attachments referenced in Section 3 of the Agreement shall to the 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 he given priority in the following order.
1. The executed Agmcnnent
2. Attachments referenced in Section 3 of the Agreement other than the Proposal
3. These General provisions
4. The Proposal
I IA Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third parry against either the Owner or Design
Professional.
I IS Upon receipt of prior written approval of Owner, the Design Professional shall have the tight 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 Pmfissional's materials shall not include the Owners
confidential or proprietary information if the Owner has previously advised the Design Professional in writing of the specific information considered by the Owner to be confi-
dential or proprietary. The Owner shall provide professional credit for the Design professional on the construction sign and in the promotional materials for the project.
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11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and liability of the 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 the design or other work prepared by the Design Professional, its employees, subcontractors, agents, and consultants.
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 party 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 tern 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, sex,
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.
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December 10, 2007
Mr. Robert Tickner
City Hall East
601 E. Hickory, Suite B
Denton, TX 76205
BROWN REYNOLDS WATFORD
Superintendent of Parks Planning and Development
City of Denton Parks and Recreation Department
PROFESSIONAL SERVICES PROPOSAL FOR THE
DENTON SENIOR CENTER RENOVATION AND EXPANSION
ARCHITECTS, INC.
3535 TRAVIS STREET
SUITE 250 LB102
DALLAS, TEW 752N
214-52WIX
FM 52"70)
..+~+..bwarrhtdn
Brown Reynolds Watford Architects are pleased to submit this professional services proposal
for architectural and engineering services for the renovation expansion of the Denton Senior
Center. The project scope, our proposed team, scope of services, project schedule, and
compensation are described below.
PROJECT SCOPE
We understand the project scope involves the interior renovation and an approximately 3,000
SF building addition as allowable within the budget to the existing Denton Senior Center that
is located at 509 N. Bell Avenue in Denton, Texas. Exterior site work will include minimal
grading, landscaping, and irrigation as required by the building expansion and landscaping
ordinances. The City will renovate and expand the existing parking lot under separate
contract.
PROJECT TEAM
Basic Services
• BRW Architects, Inc.
- Craig Reynolds, FAIR
- Gary DeVries, AIA, LEED AP
- Ray Holliday, AIA, ASLA, LI
• TMBP Consulting Engineers, Inc.
- Jerry Barnett, P.E.
Joe Pitt
• Basharkhah Engineering, Inc.
- Sam Basharkhah, P.E.
Architect of Record
Principal
Project Manager
Project Landscape Architect
Structural and Civil Engineers
Structural Principal
Civil Principal
Mechanical, Electrical, and Plumbing Engineers
Mr. Robert Tickner
Professional Services Proposal
December 10, 2007
Page 2
SCOPE OF SERVICES
Basic Services
Basic Services shall include services for the disciplines shown below.
• Architectural
• Civil Engineering, including grading, drainage, on-site utilities (excludes site paving)
• Structural Engineering
• Mechanical, Electrical, and Plumbing Engineering
• Landscape Architecture, including irrigation performance system specification
• Cost Estimating
Services shall commence with a Notice to Proceed and terminate thirty (30) days after the date
of Substantial Completion originally established in the construction contract.
Additional Services
Additional Services shall include the services shown below
• Topographic, Tree, Utility and Easement Survey (for the building addition area)
• Geotechnical Investigation (for the building addition, unless the Owner provides the
previous building addition geotechnical investigation report)
City Provided Services
The City shall provide the services shown below as required to complete the project. The
Architect shall coordinate Basic Services work with the City Provided Services.
• All required Zoning Modifications, including S.U.P.s, P.D.s, plats, and variances
• Existing Building Asbestos Survey (required for building permit)
• Audio / Visual Systems (Architect shall provide electrical power and empty conduit as
directed by the City)
• Building Security System Modifications (Architect shall provide electrical power and
empty conduit as directed by the City)
• Telecommunications Equipment and Wiring Design, including voice, data, cable TV, fiber
optic cabling, wire management systems, and terminations (Architect shall provide empty
junction boxes and electrical power as directed by the City)
• Computer Equipment selection, procurement, and installation (Architect shall provide
electrical power and empty conduit as directed by the City)
• Texas Accessibility Standards Site Inspection (at completion of construction)
• Furniture, Fixturing and Equipment (FF&E) selection, procurement and installation
Mr. Robert Tickner
Professional Services Proposal
December 10, 2007
Page 3
Excluded from Scope of Basic Services
The services shown below are not anticipated at this time, however, project requirements
identified during design may require them to be added.
• Off-Site Utility Engineering
• On-Site Storm Water Detention
• Site Environmental, Flood Plain or Archeological Issues
• Food Vending Consulting for Equipment Selection and Procurement
• Building Energy Modeling or Utility Cost Estimates
• Economic, Operations, or Business Planning
• Professional Models and Renderings
• Preparation or Assistance with Multiple Bid Packages
• Full-Time Construction Inspection
• Laboratory Testing / Inspections
• Mechanical Test and Balance
• Commissioning Services
• Community, Park Board or City Council Meetings or Presentations
SCOPE OF SERVICES BY PHASE
The scope of services shall include the following phases:
• Programming
• Schematic Design
• Design Development
• Construction Documents
• Pricing and Contract Award
• Construction Administration
The scope of services for each phase is described below.
PROGRAMMING
Using BRW's Feasibility Study as a starting point, the Architect shall meet with various
owner groups to establish the desired Senior Center activities and subsequently create a Space
Program that shows the appropriate space requirements and room needs. During this phase,
the Architect shall also investigate applicable codes and zoning ordinances and establish
required accessibility modifications
Mr. Robert Tickner
Professional Services Proposal
December 10, 2007
Page 4
Meetings and Deliverables
The Programming phase shall include two (2) working programming meetings to establish the
Space Program. Deliverables shall include three (3) copies of the Space Program for the
City's review and comment.
SCHEMATIC DESIGN
The Architect shall provide Schematic Design Documents based on the Space Program. The
documents shall establish the preliminary design illustrating the scale and relationship of the
components. The Schematic Design Documents shall include a preliminary site plan, building
plans, sections and elevations. Preliminary selections of major building systems and
construction materials shall be noted on the drawings or described in writing. During the
design process, the Architect shall work with the City's consultants under separate contract to
coordinate the scope of the project. At the completion of Schematic Design, the Architect
shall prepare a preliminary estimate of the Cost of the Work and update the project schedule.
Meetings and Deliverables
The Schematic Design phase shall include two (2) design review meetings. Schematic Design
deliverables shall include three (3) full-size sets of documents for the City's review and
comment.
DESIGN DEVELOPMENT DOCUMENTS
The Architect shall provide Design Development Documents based on the Schematic Design
Documents, including any modifications required to align the project scope and budget. The
Design Development Documents shall illustrate and describe the refinement of the design
establishing the scope, relationships, forms, size and appearance of the project by means of
plans, sections and elevations, typical construction details, and outline specifications. The
Design Development Documents shall include in general the quality levels for major materials
and project systems.
During the design process, the Architect shall work with the City's consultants under separate
contract to coordinate the scope of the project. At the completion of Design Development, the
Architect shall update the preliminary estimate of the Cost of the Work and the project
schedule. The Architect shall advise the City of any changes from previous estimates due to
adjustments in the project scope, refinement of the estimate, or general market conditions. If
at any time the Architect's estimate of the Cost of the Work exceeds the City's budget, the
Architect shall make appropriate recommendations to the City to adjust the project's size,
quality or budget, and the City shall cooperate with the Architect in making such adjustments.
Meetings and Deliverables
The Design Development phase shall include one (1) design review meeting. Design
Development deliverables shall include three (3) full-size sets of documents for the City's
review and comment.
Mr. Robert Tickner
Professional Services Proposal
December 10, 2007
Page 5
CONSTRUCTION DOCUMENTS
The Architect shall provide Construction Documents based on the Design Development
Documents, including any modifications required to align the project scope and budget. The
Construction Documents shall include Drawings and Specifications that establish in detail the
quality levels of materials and project systems required for construction.
During the development of the Specifications, the Architects shall coordinate the City's
bidding requirements and solicitation through the Purchasing Department to prepare a Project
Manual that includes (1) bidding and procurement information which describes the time, place
and conditions of bidding; bidding or proposal forms; and the form of agreement between the
City and the Contractor; and (2) the Conditions of the contract for Construction (General,
Supplementary and other Conditions).
The Architect shall update the estimate of the Cost of the Work and project schedule at 95%
completion of Construction Documents.
Meetings and Deliverables
The Construction Documents phase shall include one (1) design review meeting at 95%
complete CDs. Construction Document deliverables shall include three (3) full-size sets of
drawings and specifications at 95% completion for the City's review and comment. Final
deliverables at 100% completion shall include three (3) sets of full-size sets and one compact
disk of the Contract Documents in pdf format.
PRICING AND CONSTRUCTION CONTRACTING METHOD
We understand the City intends to request proposals through a competitive bidding delivery
method. It is recognized that neither the Architect nor the City has control over the cost of
labor, materials or equipment, over the Contractor's methods of determining bid prices, over
competitive bidding, or market conditions. Accordingly, the Architect cannot and does not
warrant or represent that bids will not vary from the City's budget or the Architect's cost
estimates.
The Architect shall pay to create multiple compact disks of the final contract documents for
bidding purposes and offer copies to bidders at a price an agreed upon with the City. As an
alternative, the City shall pay to reproduce the final contract documents in paper form for sale
or loan with refundable deposit to bidders.
The Architect shall prepare responses to questions from bidders and provide clarifications and
interpretations of the Contract Documents in the form of Addenda.
The Architects shall consider requests for substitutions during the pricing period, as permitted
by the Contract Documents, and shall prepare Addenda including approved substitutions.
The Architect shall conduct a pre-bid conference for prospective bidders
Mr. Robert Tickner
Professional Services Proposal
December 10, 2007
Page 6
The Architect shall assist with bid evaluation and make a recommendation for award of a
construction contract.
CONSTRUCTION ADMINISTRATION
The Architect shall participate in a pre-construction conference within 10 calendar days of the
Notice to Proceed.
The Architect shall visit the site at intervals appropriate to the stage of construction to become
generally familiar with the progress and quality of the work completed. The Architect's
representative shall attend progress meetings and prepare field reports describing the status of
the work and any discrepancies observed from the Construction Documents.
The Architect shall not have authority over or responsibility for the means, methods,
techniques, sequences or procedures of construction as selected by the Contractor, or for the
safety precautions and programs incident to the work of the Contractor, or for the failure of the
Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to
the Contractor furnishing and performing the work.
The Architect shall review and approve or take other appropriate action upon Contractor's
submittals such as shop drawings, product data, samples, and mock-ups for general
conformance with information given and the design concept expressed in the Contract
Documents. Review is not conducted for the purpose of determining the accuracy,
completeness, or quantities, or for substantiating instructions for installation or performance of
equipment or systems.
The Architect shall only respond to reasonable Contractor's Requests for Information and
prepare Proposal Requests and Change Orders for the City's approval and execution in
accordance with the Contract Documents.
The Architect's interpretations and decisions shall be consistent with the intent of and
reasonably inferable from the Contract Documents and shall be in written documentation.
The Architect shall review and certify the amounts requested by the Contractor on the
Application and Certification for Payments. The issuance of a Certification for Payment shall
not be a representation that the Architect has (1) made exhaustive or continuous on-site
inspections to check the quality of the work, (2) reviewed construction means, methods,
techniques, or sequences, (3) reviewed copies of requisitions received from Subcontractors
and material suppliers, or (4) ascertain how or for what purpose the Contractor has used
money previously paid on account of the contract sum.
The Architect shall perform final closeout procedures as defined in the Contract Documents,
including preparation and verification of Punch Lists for the Contractor's use.
Mr. Robert Tickner
Professional Services Proposal
December 10, 2007
Page 7
Construction Administration services beyond the following limits shall be an Additional
Service:
• Up to two (2) reviews of any single Contractor submittal
• Site observation visits averaging twice per month
• One Punch List at Substantial Completion
• One site observation visit to verify completion of Punch List
• Evaluation of Contractor's substitution requests beyond 90 days after the Notice to
Proceed
• City requested project scope changes resulting in changes to the Construction Documents
• Evaluation of claims submitted by the Contractor in connection with the work
CITY'S RESPONSIBILITIES
The City shall furnish the services of consultants other than those designated as Basic
Services, or authorize the Architect to furnish them as an Additional Service, when such
services are required to complete the work.
The City shall not increase or decrease the overall budget, or the portion the budget allocated
for construction or contingencies, without modifying the agreement of the Architect to a
corresponding change in the project scope, quality, and / or professional service fees.
The City shall provide written comments within 10 calendar days pertaining to documents
submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential
progress of the Architects' services. The City shall not modify a decision once given to the
Architect without additional compensation to the Architect.
ARCHITECT'S RESPONSIBILITIES
The Architect shall submit for the City's approval a schedule for the performance of the
Architect's services, including allowances for periods of time required for the City's review,
for the performance of the City's consultants, and for approval of submissions by authorities
having jurisdiction over the work.
The Architect shall review laws, codes, and regulations applicable to the Architect's services.
The Architect shall respond in the design to requirements imposed by governmental
authorities having jurisdiction over the work.
The Architect shall be entitled to rely on the accuracy and completeness of services and
information furnished by the City. The Architect shall provide prompt written notice to the
City if the Architect becomes aware of any errors, omissions or inconsistencies in such
services or information.
Mr. Robert Tickner
Professional Services Proposal
December 10, 2007
Page 8
PROJECT SCHEDULE
We anticipate the following time periods and dates for the project phases. We understand that
funds are currently available for professional A/E services. The City will sell bonds to finance
construction in June 2008.
• Programming
2 weeks
• Schematic Design
4 weeks
• Design Development
5 weeks
• Construction Documents
6 weeks
• Pricing and Contract Award
7 - 8 weeks
• Construction
9 - 10 months
PROJECT BUDGET
January 2008
January - February 2008
Feb - March 2008
March - April 2008
May - June 2008
July 2008 - March / April 2009
We understand the portion of the total project budget devoted for construction is
approximately $1,280,000.
COMPENSATION
Based upon the scope of services described above, Brown Reynolds Watford Architects
proposes lump sum fees and fee allowances as shown below.
• Basic Services Fee $130,000
• Additional Services Fee Allowances
- Topographic, Tree, & Utility Survey 10,000
- Geotechnical Survey $5,000
Reimbursable expenses are in addition to the fees and shall be invoiced at the same cost billed
to the Architect. They shall include, but are not limited to, document reproduction, courier
and overnight deliveries, and TDLR Texas Accessibility Standards document review fee. The
TDLR site inspection fee at the project completion is a direct expense to the City.
Basic Services shall be invoiced monthly based on the percent complete for each phase, but
shall not exceed the percentages shown below.
• Programming 5%
• Schematic Design 15%
• Design Development 15%
• Construction Documents 40%
• Bidding 5%
• Construction Administration 20%
Total 100%
Mr. Robert Tickner
Professional Services Proposal
December 10, 2007
Page 9
The Architect shall proceed with Basic Services upon receipt of a Notice to Proceed from the
City. The Architect shall not proceed with Additional Services Fee Allowances until
authorized in writing by the City approving separate lump sump fees. Additional Services
performed by consultants shall be computed at 1.10 times the amount billed the Architect.
Additional Services performed by BRW Architects shall be compensated at the hourly rates
listed below.
BRW Architects Hourly Rates
• Principal
$195.00 per hour
• Project Director
$170.00 per hour
• Project Manager
$145.00 per hour
• Project Architect
$125.00 per hour
• Architect
$110.00 per hour
• Technical
$ 85.00 per hour
• Clerical
$ 65.00 per hour
We hope this proposal meets your expectations. Please call on us with any comments or
questions. Upon your acceptance, we will prepare an AIA contract as our final agreement. We
look forward to continuing our work with the City of Denton on this important project.
BROWN REYNOLDS WATFORD ARCHTECTS, INC.
CRAIG S. REYNOLDS, FAIR
PRINCIPAL
ACORD CERTIFICATE OF LIABILI
TY INSURANCE
1v13/2007
PRODUCER McLaughlin Brunson Insurance Agency, LLP
9535 Forest Lane
Suite 118
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Dallas TX 75243
INSURERS AFFORDING COVERAGE
INSURED Brown Reynolds Watford Architects, Inc.
INSURERt Hudson Insurance Company
Travis
#250 & #260
p
~
INSURER B: Travelers Lloyds Insurance Company
,
LB 102
n
,
INSURER c: Hartford Underwriters Insurance Company
SI
INSURER o: Travelers indemnity Co. of Connecticut
Dallas TX 75204
INSURER E
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPEOFINSURIWCE
POLICY NUMBER
PO
nal LICY EFFECTIVE
POUCYUMMTION
DNTIB
GENERAL UABIUTr
PACP6747L283
12/20/2007
12/20/2008
EACH OCCURRENCE
$ 1,000,000
X
OOEIMERCIALGENERALUARILTIY
NREOAMAGE ..e
E 1,000,000
CLAIMS MADE 191 OCCUR
MEDEX one n
E 5,000
X
Contractual Liability
PE RS01JAL S ADV IWURY
$ 1,000,000
X
X, C, U coverages
GENERAL AGGREGATE
$ 2,000,000
GENLAGGREGATEUMITAPPLIESPER:
PRODUCTS-CpAPAP AGG
E 2,000,000
POUCY X PRO LOC
C
AU
OMO&IS UU
ANYAO7
46UECIY042
12/20/2007
12120/2008
COMBINEDSINGLEUMIT
(Ea aaW )
$ 1,000,000
ALL OAMEDAUTOS
BODILY INJURY
(Per M-)
$
Ix
HIRED AUTOS
NONOWM3J AUTOS
BODILY INJURY
(Para¢MaeR)
$
PROPERTYfMMAGE
(PaacJtloeR)
E.
GARAGEUA81UTY
AUTOONLY-EAACOOD
E
ANY AUTO
EAACC
OTHM
$
AUTO ONLY: .
UTOON AGG
S
°tmw MnTY
CUP 7886Y368
12/20/2007
12/20/2008
EACH OCCURRENCE
$ 1,000,000
X OCCUR 0 CIAIMSMADE
AGGREGATE
$ 1,000,000
E
DEOUCDBLE
$
RETENTION
wowmSWMPENSATONAND
WC STATIC Oft4
EMPLOYEWUABUTY
EL EACH ACCIDENT
E
ELDISiASE-EAEMR-OYIH
$
EL DISEASE-POLICY UMIT
$
Oniverofesslonal Liab.
AEE71101-02
01/22/2007
01/22/2008
$1,000,000 Per Claim /Aggregate
DESCRIPTION OF OPERATIOKMOCARONSATMLESI CLUSR)NS MOM BY ENDORSFJIENRSPE PROVISIONS
The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy
period and is subject to a deductible. City of on, Texas is shown as an additional insured on the general & auto liab
coverages as required by written contract.
City of Denton, Texas, a TIvfunicipal Corporation
215 E. McKinney Street
Denton
TX 76201
CANCELLATION or reduction in coverage by endorsement
SHOULDANY OF THE ABOVE DESCRIBED POUCIES W CANCELLED BEFORE THE El(gpAT10N
DATE THEREOF, THE ISSUNG INSURER WILl~/OPAVORiO MAIL 30 FDA/YS WRITTEN
NOTICE TO THE CERTRCATE HOLDER NAYED TO THE LFFT,9BTYNLBNPTC~RB}E1NYL
-wPBEIYIpOSHtIAROIFCRHMtlTYOF-AN1`1BNDtl~ONi11PB1EURPJAiTT11BBNrE OR
P R
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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 endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
AUUKU Zos proWf
ACORD CERTIFICATE OF LIABILITY INSURANCE
siiE
lvl
PRODUCE` McLaughlin Brunson Insurance Agency, LLP
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
9535 Forest Lane
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
S
it
118
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
u
e
Dallas TX 75243
INSURERS AFFORDING COVERAGE
INSURED Brown Reynolds Watford Architects, Inc.
INSURER A: Hudson Insurance Company
3535 Travis
#250 & #260
INSURER a: United States Fidelity and Guaranty Company
,
LB 102
IN RER C Hartford Underwriters Insurance Company
INSURER D.
Dallas TX 75204
NSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO 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. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
POLICY NUMBER
POUCYEFFECTIVE
POUCYEXRRATION
MYRS
GEN
ERALUABIUTY
BKO1274471
12/20/2006
12/20/2007
EACH OCCURRENCE
S 1,000,000
X
CCMMERCIALGENERALUUNLTTY
BREOAMAGE A .m
$ 1,000,000
CLAIMS MADE X❑ OCCUR
MED EXP orM
10,000
$
X
Contractual l Liability
PERSONAL S AM INJURY
$ 1,000,000
X
X, C, U coverages
GENERAL AGGREGATE
$ 2,000,000
GEN
T AGGREGATE UMR APPLIES PER:
PRODUCTS-COMPA AGG
$ 2,000,000
POIJCY X PRO- Lee
C
AIIT
OMOSILEUABILIY
46UECIY0429
12/20/2006
12/20/2007
COMBINEOSINGLEUMIT
$ 1
000
000
X
ANYAUTO
(Ea azck )
,
,
ALLOWNEDAUTOS
ECDILYINIURV
S EOIJLEDAUTOS
(Pa Fenn)
S
X
HIREDAUTOS
BODILY INJURY
X
NONUAMEn AUTOS
(PMac rk)
$
PROPERTY DAMAGE
$
(PeracciOOrX)
GARAGE LIABILITY
AUTOONLY-EAACCIDENT
$
'ANYAUTO
OrHERTHAN EAACC
S
AUTO ONLY: AGO
$
EXCESSIJABIUTY
KO1274471
12/20/2006
12/20/2007
EACH OCCURRENCE
$ 1,000,000
X OCCUR F~ CLAIMS MADE
AGGREGATE
$ 1,000,000
5
DEDUCTIBLE
S
RETENTION
WORKERSCOMPENSKRONAND
WC STATU- OTH-
MPLOYEW LIABILITY
EL EACH ACCIDE
S
E1.DtSEASE-EAEMP-OYEE
$
EL DISEASE- POLICY LIMIT
A
omm"rofessionalLiab.
AEE71101-02
01/2212007
01/22/2008
$1,000,000 Per Claim /Aggregate
OESCWPTIONOFOPERATIONSA MONSNENICLESIEXCLUSIONSADDED BYENOORSEMENTBPECIALPROASIONS
The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy
period and is subject to a deductible. City of Denton, Texas is shown as an additional insured on the general & auto hab
coverages as required by written contract.
City of Denton, Texas, a Texas Municipal Corporation
215 E. McKinney Street
Denton
TX 76201
CANCELLATION or reduction in coverage by endorsement
SHOULDANY OF THE ABOVE DEBCRIBEO POLIOM BE CANCELLED BEFORE THE EXRRATION
DATE THEREOF, THE ISSUNG INSURER NU,k 1OBAVOYiO ML 30 GAYS WRITTEN
NOTICE TO TYE CERRRCATE NOLDER NAMED TO THE LEFT,9NTfARLNLBTODO-StrSWYL
-IMP9SEYID.OSITYIITOYORtlABItli1~OF-AfMISNDtlPONT1ENISUREt.MS/B111T8 OR
P°m.e'
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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 endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon.
ACORD CERTIFICATE OF LIABILITY INSURANCE 1/4/2ooe '
PRODUCER (801)325-5000 FAX: (801)532-2804
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Diversified Insurance Brokers of Utah, Inc.
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
136 E. South Temple Street
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 2300
Salt Lake City UT 84111
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
INSURERA Wausau Business Insurance
TriNet HR Corporation 0~
INSURER B:
'~pp
1100 San Leandro Blvd.
P
INSURER C:
U
~1` /I
INSURER D'.
San Leandro CA 94577 PPP
INSURERE
OVERAGES
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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
A00'L
POLICY EFFECTIVE
POLICY EXPIRATION
IMITS
TR
IN RD
TYPE OF INSURANCE
POLICY NUMBER
DATE MMIDDIYY
DATE MWDDIYY
GENERAL LIABILITY
ENCE
$
DAMAGE TO RENTED
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE D OCCUR
ne more
W
S
V INJURY
S
GENE~LAGGRE~TE
EGATE
S
AGGREGATE LIMIT APPLIESPER
MPIOP AGG
S
PRO-
POLICV JECT LOC
AUT
OMOBILE LIABILITY
COMBINED SINGLE LIMIT
(Ea accident)
S
ANY AUTO
ALL OAMED AUTOS
BODILY INJURY
S
SCHEDULED AUTOS
(Per person)
HIRED AUTOS
BODILY INJURY
$
NON-OWNED AUTOS
(Peracciden )
PROPERTY DAMAGE
S
(Per asiden0
GARAGE LIABILITY
AUTO ONLYEA ACCIDENT
$
ANY AUTO
OTHERTHAN EA ACC
S
F 1
AUTO ONLY AGO
S
EXL ESSMMBRELLA LIABILITY
EACH OCCURRENCE
$
OCCUR El CLAIMS MADE
AGGREGATE
$
DEDUCTIBLE
$
RETENTION S
S
A
WORKERS COMPENSATION AND
H-
WC STATUS OTR
TORY LIMIT E
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNEWE%ECUTIVE
L. EACH ACCIDENT
$ 1,000,000
OFFICER/MEMBER EXCLUDED?
WCK-Z91-438088-017
7/1/2007
7/1/2008
EL. DISEASE - EA EMPLOYE
$ 1,000,000
It yes, describe under
SPECIAL PROVISIONS be.
E. L. DISEASE - POLICY LIMIT
S 11000,000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONB EHICLEVEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Brown Reynolds Watford Architects, Inc named as the alternate employer as per the terms and conditions of the
Po Zi'
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
The City of Denton 11EXPIRATIIOON-DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
215 East McKinney Street 30 /YS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
Denton, TX 76201 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
AUTHORIZED REPR
Jeff Utz/JA
ACORD 25 (2001108) O ACORD CORPORATION 1988
IIJCMS ,mnm nay Pogo ~ ~