2005-089ORDINANCE NO. ~0 ~0.0' --- 0 ¢ q
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE FIRM OF
SCHRICKEL, ROLLINS AND ASSOCIATES, INC. TO PROVIDE PROFESSIONAL
DESIGN AND ENGINEERING SERVICES FOR THE CEDAR STREET
STREETSCAPE IMPROVEMENTS; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (RFSP 3215 IN AN
AMOUNT NOT TO EXCEED $123,000).
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. That the City Manager is hereby authorized to enter into a
professional service contract with Schrickel, Rollins and Associates, Inc. to provide
professional landscape architect and design services for the City of Denton, a copy of which
is attached hereto and incorporated by reference herein.
SECTION 2. The City Manager ii 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 tie ('~ ~day of (~/L(~'~' ~ ,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY' s~
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
/
THIS AGREEMENT is made and antcred into as of thc v~//~ ~/~ day of
~t/)~__j~_ , 20 ~', by and between the City of Denton, Texas, a Texas
mur~cipal ~orporation, with its principal office at 215 East McKinney Street, Denton,
Denton County, Texas 76201, hereinafter called "Owner" and Schrickel, Rollins and
Associates, Inc., with its corporate office at 1161 Corporate Drive West, Suite 200,
Arlington, TX 76006, hereinafter called "Design Professional," acting herein, by and
through their duly authorized representatives.
In consideration of the covenants and agreements herein conta'med, 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 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 are in an attachment)
1.1 Scope of Services - Refer to Attachment A
1.2 Supplementary Conditions
The following Supplementary Conditions amend or supplement the General
Conditions to the Agreement for Architectural or Engineering Services as
indicated below. All provisions which are not so amended remain in full
force and effect.
Paragraph 2.3.1 - Revise the last sentence of the paragraph to read as
follows: "Notwithstanding Owner's approval of the documents, Design
Professional acknowledges that it will use its best efforts to see that the
documents and specifications will be sufficient and adequate to fulfill the
purposes of the project."
Paragraph 2.6.5 - Revise the first sentence to read, "The Design Professional
shall observe the construction site at least one time a month, while
construction is in progress, and as reasonably necessary while construction is
not in progress, to become generally familiar with the progress and quality of
the work completed..."
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H:\pro\1243i - Cedar Street Streetscape~Agreement_febl 7.doc
Revised 5-30-02
Paragraph 2.6.12 - Delete the following words fi.om the first sentence, "(1)
detennin/ng compliance with applicable laws, statutes, ordinances, and
codes," and add the following sentence at the end of the paragraph, "It shall
be the Contractor's responsibility to comply with all applicable laws,
statutes, ordinances, and codes as well as the contract documents."
Paragraph 2.6.18 - Revise the first sentence of the paragraph to read as
follows, "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 prepared by the
Design Professional, arising out of the negligent acts, errors, or omissions of
the Design Professional."
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 shall be $123,000.
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:
Refer to Attachment B.
2.2 ADDITIONAL SERVICES
2.2.1 Compensation for Additional Services is as follows:
Principals
Associates
Technical Staff
Clerical Staff
$130 per hour
$110 per hour
$ 85 per hour
$ 55 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 2.5
times the amounts billed to the Design Professional for such additional services.
2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1.10
times the expenses incurred by the Design Professional, the Design Professional's em-
ployees and consultants in the interest of the Project as defined in the General Conditions
but not to exceed a total of $10,000 without the prior written approval of the Owner.
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H:\pro\1243i - Cedar Street Streetscape\Agreement_feb 17.doc Revised 5-30-02
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:
1. City of Denton General Conditions to Agreement for Architectural or
Engineering Services.
2. The Design Professional's Proposal
3. Attachments A through B.
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
MICHAEL A. COI~Ig~F
CITY MANAGER
ATTEST:
JENNER WALTERS, ~ITY SECRETARY
PP OVED AS
By:HE~ER~ ATTO~Y
SC~C~L, ROLL,S ~ ASSOC~TES, ~C.
1161 Con,ate Ddve West, S~ite 200
WITNESS:
BY:
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H:\pro\1243i - Cedar Street Streetseape~AgreemenLfebl7.doe Revised 5-30-02
Attachment A
Scope of Services
Denton - Cedar Street Streetscape
January 5, 2005
1. Scope of Project
The project is the master planning and design of improvements to the corridor within the right of way and City-owned
property of Cedar Street in an area bounded by the south side of West Mulberry to the north side of West McKiuney.
prnnary design elements are sidewalks, ramps, crosswalks, landscape plantings, irrigation systems, benches and other site
amenities.
2. Purpose of the Project
The primary purpose of the project is to reinforce the Cedar Street area as a major comdor by developing a "pedestrian
friendly" area that will be an area of activity and development. The project will create a strong visual identity to the
second tier of streets surrounding the Courthouse Square. The project must comply with the requirements set forth by the
City of Denton.
3. Topographic Survey/Base Sheet Preparation
Topographic and existing utility information for the area will be provided by others by separate contract. Schrickel,
Rollins and Associates, Inc. (SPA), will coordinate with the surveyor to communicate scope and requirements.
4. Review Existing Plans
Collect and review all existing plans and studies relevant to the project area to define preliminary issues, to identify
conflicting findings, and to identify supplemental data requirements. This effort will include a review of the existing
corridor plan and related ordinances to ensure their compatibility with the City's goal of a vibrant, walkable corridor.
Findings will be documented in a "bullet-point" report format and will include recommendations for future ordinance
revisions and/or strategies, such as an overlay district, if appropriate.
5. Data Gathering/Field Observation
The Landscape Architect will perform a site inventoI3r and photo documentation of existing conditions, existing
development adjacent to the site, traffic patterns, laud use issues, overall walkability and conflict points, circulation
issues, major design elements, district image and sense of arrival.
6. Program Definition
The Landscape Architect will meet and coordinate with the City's representative and others as necessary to clearly define
the program including:
· Exact facility requirements
· Maintenance considerations
· Access considerations
· Security considerations
· Design approaches
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Denton - Cedar Street Strcetscape
Attachment A - Scope of Services Page 1
7. Analysis
In hghi of findings established in Tasks 5 & 6, the Landscape Architect will prepare a framework analysis that documents
the con-idor's most significant oppofamities and constraints and key urban design issues related to future pedestrian
improvements. The analysis will take the form of an overall illustrative diagram of the corridor, as well as cross sections
of the streets. The fmdings will be reviewed with the client and refmements made as necessary.
8. Traffic Study
A Traffic Circulation Analysis (TCA) to determine how the proposed improvements will relate to existing traffic on
internal and adjacent roadways will be provided by the City.
9. Meetings
A. The City Staffwill prepare for and attend all meetings with the merchants, property owners, City staff, and
general public for thc purpose of reporting on progress and gathering input.
B. The Landscape Architect will attend three (3) meetings with staff, including kick-off meeting.
C. The City Staffwill present the Master Plan to the City Council.
D. Additional meetings may be scheduled with additional compensation by the City to the Landscape Architect,
as mutually agreed to in writing in advance of any such meeting(s).
E. The City will be responsible for advertising all meetings, if needed.
10. Master Plan
The Landscape Architect will provide landscape/site development plans of Cedar Street, with emphasis on the utilitarian
needs of pedestrians and visual enhancement of the corridor by developing pedestrian corridors as the primary focus
along with drive lanes and parking as secondary issues.
Corridor improvements will include (but are not limited to) the following as far as the budget allows:
· Pedestrian Crosswalks
· Pedestrian friendly access to major facilities
· Trees
Irrigation system
Special paving
· Pedestrian scaled light poles
· Signage
Barriers
· Consideration of deletion of selected parking spaces to create pedestrian niches
· Addition of site furnishings including benches and waste receptacles at selected areas
Improvements to existing crosswalks and ramps
· Sidewalk and/or paving additions for continuous access for total length of project
· Accessible curb ramps where necessary at all intersections
· Possible utility adjustments
Tasks
The Landscape Architect will prepare the Master Plan for the entire area of Cedar Street from West McKinney to
West Mulberry.
Denton- Cedar Street Strectscape 1243i
Attachment A - Scope of Services Page 2
The Landscape Architect will hold monthly meetings with the City's representative and other designated
representatives throughout the Master Plan development to communicate progress and discuss pertinent issues.
The Master Plan will be revised at the direction of the City's representative. A rough cost estimate will be
prepared at the completion of the Master Plan.
The Master plan will consist of an overall plan view of the district, sketches, sections and vignettes to illustrate the
overall design concept, and text explaining the process, program and the conclusions of the effort. An Opinion of
Probable Cost will be included along with prioritized recommendations for development and phasing.
The Master Plan will be a camera-ready graphic.
11. Geotechnical Investigation
At two to three locations selected by the Landscape Architect, and approved by the City, soil investigations will be
conducted by an independent Geotechnical Engineer selected by the Landscape Architect. Services of the Geotechnical
Engineer will be paid for separately by the City of Denton.
12. Construction Documents
Based on the approved Master Plan and any further adjustments in the scope and quahty of the project or in the
construction budget authorized by the City, construction documents consisting of thawings and specifications will set
forth in detail the requirements for the construction of the project. The Landscape Architect will advise the City's
representative of any adjustments to previous estimates of construction cost indicated by changes in requirements or
general market conditions.
The Landscape Architect will submit documents and estimates of construction cost to the City's representative at
intervals of 50% and 100% of completion for review. The City's representative will respond with written comments
advising any changes to be made.
13. Compute Quantities, Plans Estimate, Specifications, General Notes, Etc.
The Landscape Architect will prepare a list of construction bid items and compute estimated quantities. The est/mated
cost of construction will be computed based on current trait prices and estimated quantities.
The Landscape Architect will provide general notes, specifications and special provisions, which are applicable to the
project.
14. Bidding
The Landscape Architect will provide/perform the following Bidding Services.
A. Assist CITY staffin preparing the advertisement for bids.
B. Answer questions from Bidders and prepare addenda as necessary.
C. Assist CITY as required in opening bids.
D. Provide bid tabulations.
E. Evaluate the lowest bidder. Bid evaluation will include the contractor's:
1. Past work history;
2. Financial resources; and
3. Physical resourens to produce the project.
F. A summary of the bid analysis will be provided to CITY for use in selection and award of the conslmction
contract.
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Denton - Cedar Street Streetscape
Attachment A - Scope of Services Page 3
15. Construction Phase
The Landscape Architect will attend the prebid and preconstmction conferences.
16. Construction Administration
The Landscape Architect will provide/perform the following Construction Administration services. Said services to be
provided after execution of a contract between CITY and the Contractor selected by CITY. The Consultant will provide
information relating to review of submittals, shop drawings, and requests for information.
A. Landscape Architect will provide/per form the following Construction Administration services:
1. A total of four (4) meetings/site visits with owner/contractor including:
Field observation/construction progress shall be provided for the purpose of ascertaining for
the CITY that the work is in substantial or general conformance with the cofftract documents
and design intent;
i. Should nonconforming or defective work be observed, the Consultant will andeavor to
tmmediately inform the CITY's representative that conforming or remedial action is
required.
ii. A schedule of key construction observation visits will be developed for approval and
reference by CITY.
iii. Conduct coordination meetings with contractors, inspection personnel, and CITY
representative to discuss strategy, problem areas, progress, and any required
coordination. Prepare a stunmary of these meetings and distribute them to both CITY
and the contractor.
Placement and layout of facilities;
Field observation/construction progress;
Mandatory "critical" observations; and
Coordination meetings.
2. Review shop drawings and other submittal information for the purpose of ascertaining conformance with
the design intent and construction documents.
3. Provide written responses to requests for information or clarification.
4. Prepare and process change orders, if required.
5. Review the monthly pay requests by the Contractor.
6. Assist CITY in conducting the substantial completion and final completion observations.
7. When complete, recommend final acceptance of work.
Landscape Architect's Status During Construction. Landscape Architect will not be responsible for
Contractor's means, methods, techniques, sequences, procedures or schedules of construction or the safety
precautions and programs incident hereto. Landscape Architect will not be responsible for Contractor's
failure to perform or furnish the work in accordance with the construction documents. Landscape Architect
will not be responsible for any delays in the execution of the work caused by the Contractor.
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Denton - Cedar Street Streetscape
Attachment A - Scope of Services Page 4
17. Optional Additional Services
The Landscape Architect will provide services not identified in this Scope of Services upon receipt of authorization from
the City's representahve. Additional Services will be provided on an hourly rate basis with a mutually agreed "not to
exceed" total. Such Additional Services may include the following or other services:
Design
A. Design of facilities beyond the original scope and/or budget identified in the description of services.
B. Establishment of the boundary lines.
C. Design of Signalization Systems and/or traffic studies relating to University Drive.
D. Representation in arbitration, mediation, litigation, depositions or similar legal processes.
E. Locatiun of underground utilities.
F. 3-D animations and formal renderings.
A. Preparation of Change Orders as required which expand the original Scope of Services.
B. Site observation visits (beyond the number specified in the paragraph above).
18. Deliverables
A. Master Plan
1. The contents of the Master Plan will generally be as follows:
a. Project Site. An aerial photo designating the project limits.
b. Master Plan. An illustrative master plan of the project site.
c. Sketches. Concept sketches of significant locations in the project area.
d. Design Vocabulaw. Sketches and descriptions ofthe typical bnilt elements ofthe plan brokan down
into defined parts; benches, planters, sign,age, etc.
Construction Documents
Based upon the approved Master Plan, adjustments in the scope or quality of the project, and the project
design budget authorized by the Owner, Constntction Documents deliverables shall include, but not
necessarily be limited to the following documents:
a. Plan sheets illustrating plans, elevations, sections and details of construction.
b. Technical specifications.
c. Project manual containing specifications and bidding documents including City forms such as bid
proposal, form of agreement between City and Contractor, and conditions of the contract.
2. Final Opinion of Probable Construction Cost.
3. The Landscape Architect will provide 20 sets of contract documents for bidding and construction phases.
19. Reimbursable Expenses
The following items, if provided, shall be considered reimbursable or additional to this contract.
A. Permit or filing fees.
B. Printing and other reproduction costs beyond those set forth in this contract.
C. Special courier services.
D. Travel expenses.
Denton - Cedar Street Streetscape
Attachment A - Scope of Services
Page 5
E. Review and inspection fees related to Texas Department of Licensing and Regulations.
F. Other permit fees.
Denton- Cedar Street Streetscape 1243i
Attachment A - Scope of Services Page 6
Attachment B
Compensation
Denton - Cedar Street Streetscape
January 5, 2005
Master Plan Services
$ 25,000
Basic Design Services
Preliminary Design Phase
Final Design Phase
BidcYmg Phase
Subtotal Basic Design Services
$ 44,500
$ 34,850
$ 7,250
$ 86,600
Construction Administration
$ 11,400
TOTAL PROFESSIONAL SERVICES
$ 123,000
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Denton - Cedar Street Streetscape
Attachment B - Compensation Page 1
Attachment C
Hourly Rate Schedule- 2005
CLASSIFICATION:
PRINCIPAL
ASSOCIATE
SENIOR ENGINEER
ENGINEER Iii
ENGINEER II
ENGINEER I
DESIGNEPJENGINEER-IN-TRAINING
SENIOR LANDSCAPE ARCHITECT
LANDSCAPE ARCHITECT Ill
LANDSCAPE ARCHITECT II
LANDSCAPE ARCHITECT I
DESIGNER
SENIOR PLANNER
PLANNER
ARCHITECT
DESIGNER
SURVEY COORDINATOR
SENIOR ENGINEERING TECHNICIAN
ENGINEERING TECHNICIAN
PLANNING TECHNICIAN
PRODUCTION COORDINATOR
CAD OPERATOPJ DRAFTER Ill
CAD OPERATOPJ DRAFTER II
CAD OPERATORJ DRAFTER I
SENIOR SECRETARY/SPECIFICATIONS COORDINATOR
SECRETARY/WORD PROCESSOR
CLERK
The ranges and individual salaPes am adjusted annually.
OTHER SERVICES (invoiced at rate shown):
Survey Field Party
RANGE OF BILLABLE SALARY RATE
LOW HIGH
$130 $155
85 140
110 130
90 110
65 90
60 80
50 70
110 140
80 100
65 85
50 70
45 60
95 130
75 95
80 95
75 95
70 95
55 70
50 70
50 66
70 105
60 85
50 70
45 60
45 80
37 52
30 40
$115/hour
PRINTING SERVICES (in house):
COMPUTER PLO~I'ING SERVICES (in house):
BLACK INK ON COLOR ON MYLAR FILM
SQ. FT. PER ORDER BLUE LINE MYLAR SIZE BONDNELLUM BONDNELLUM OF INK PLOT
PRICE VARIES ACCORDING TO SIZE OF ORDER up to 11"x17" $10.50 $13.00 $13.50
24"x36" 11.00 15.50 21.00
6 $3.70 $10.00 30"x42" 12.50 22.00 27.00
t t I oversize add 2.50/SF 3,50/SF 4,50/SF
100 25.71 139.00
101-200 0.18/S.F. 1.30/S.F.
201-300 0.14/S.F. 1.25/S.F.
301-1000 0.13/S.F. t.20/S.F.
100t -up 0.11.S.F. 1.15/S.F.
In-house Xerox copies provided at $0.07 per single side copy or $0,14 per double side copy,
OTHER DIRECT EXPENSES:
Oth~' direct expenses are reirr~ursed at actual cost times a multiplier of 1.10. They include oulside printing and reproductions expense, communication expense, travel, transpertalion and
subsistence away from/~llngion and other II~scellaneous expenses directly related to the v,~3rk, including COSLS of labora[oPJ arlalysts, tests, and olher work required to be done by
independent persons olper than staff members.
05 SPA- 1
CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT ~OR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE I. ARCHYrECT ORENGINEER'S RESPONSIBILITIES
1.1 The Architect or En~neer's services consist of those services for the Project (as defined hi the agreement (the "Agseemenf') and pmgnsal (the "propesal") to which these
General Condllions are attached) performed by the Architect or Eng/negr (herem~er called the "Design Professional") or Design Professional's employees and consullants as
enumerated hi Articles 2 and 3 of these General Conditions as moddied by the Agreement and Proposal (the "Services").
1.2 The Design Professional will peffo~n all Services as au independent ¢on~ractor to the preva/ling professional slandards cor~istent with the level of care and sldll ordinarily
exercised by members of the same profession currently practicing hi the same locality uudev sim/inr conditions, including reasonable, informed judgments and prompt timely
actions (the "Degree of Care"). The Services shall be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly progress of the Project.
Upon request of the Owner, the Design Professional shall submit for the Owners approval a schedule for the pefformauce of the Seprices wkinh may be adjusted as the Project
proceeds, and shall include allowanees 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 Owuer shall not, except for reasonable cause, be exceeded by the Design hofesalonal 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 Serdces consist of those described in Sections 2.2 through 2.~ of these General Conditions and include
without limitation normal stractaral, c/vii, mechanical and elect~Scal engineering service~ and any other engiueefing servines necessary to produce a complete md accurate set of
Construction Documents, as described by and required in Section 2,4. The B~ic Serdces may be mcdifiedby the Agre~rnent.
2.2 SCHEMATIC DESIGN PHASE
2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other trait costs and
whinh indicates t he cost o f e ach category o f work involved i n c onstracmig t he Project and establlshes an e lapsed ti.me factor f or t he p er/ed o £ t ime from t he
commencement to the eompledon of construction.
2.3 DESIGN DEVELOPMIgNT PHASE
2.3.I Based on the approved Schematic Design Documents and any adjustments anthor~zed by the Owner hi the program, schedule or constmcfinn budget, the Design
Professional shall prepare for approval by the Owner, Design Development Documents consisting of thawings and other documents to fix and descn~oe the size and
character of the Project as to arckitectmal, structural, mechanical and electrical systems, matsfials and such other elements as may be appropriate, which shall comply
with all applicable laws, statutes, ordinances, codes and regulations. Notwithstanding Owner's approval of the documents, Design Professional represents that the
Documents and specifications will be sufficient and adequate to falffll the purposes of the Project
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on thc approved Design Development Documents and any fuFther adjustments in the scope or quality of the Project or in the consmaction budget
authorized by the Owner, the Design professional shall prepare, for approval by the Owner, Consiruction Documents consisfiug of Drawings and Specifications setting
forth m de~il requirements for the conslmction of the Project, which shall comply w/th all applicable laws, statutes, ordinances, codes and regulations.
2.4.2 The Design Professional shall assist the Owaer in the preparation of the necessary bidding or procurement information, bidding or procurement forms, the
Conditions of the contract, mad the form of Agreement between the Owner and contractor.
2.4.3 The Design Professional shall advise the Owner of any adjustments to previous preliminm3, estimates of Consmaction 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 gnvemmental
authorities having jurisdiction over the Projec~
2,5 CONSTUCTION CONTRACT PROCUlt.EMENT
2.5.1 'he Design Professional, following the Owners approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost,
thai} assist the Owner in procuring a construction contract for the Project through any procurement method that is legally apphcabte to the Project including without
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S:\prchkBIDS SPEC~3000-3999~3215 Attachment A.doc
Ihi~tation, the competitive sesied bidding process. Although the Owner will consider the advice of tho Design Professional, tha award of the construction conlrac~ is in
the sole discretion of thc Owner.
2.5.2 If thc construction contract araount for the Project exc~ds the tocM coustruodon cost of thc Project as set forth in the approved Detailed Statement of Probable
Documents as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total consUmction cost of the Project wi~I not exceed
CONSTRUCTION pHASE - AD~TRATION OF TH]~ CONSTRUCTION CONTRACT
2.6.1 The Design Pro£essional's responsibility to provide Basic S~rvices for the ConaP:notion Phase under this Agreement commences with the award of the Con'a~ct
agreement of the 0waer and Design Professional.
2.6.4 The Design Professional shah be a representauve of and shall advise and consult with the Owner (1) during construe'don, and (2) at the Owner's direodon fi.om
each on-sits visit- On the basis of on-site observations the Design Professional shall keep the Owner informed of the progress and quality of thc work, and shah
subcontractors. The Design Professional represents that he will follow Degree of Care in performing all Services under the Agreement. Thc Design Professional shall
payment for all or any part of the Design Professional's S~rvices hereunder or of the Project itself shall in no way alter the Design Pro£essinnal's obligations or the
0,~mer's rights hereunder.
2.6.6 The Design Professional shall not have conlrdi over or ch~ge of and shah not be responsible [or construction means, methods, techniques, sequences or
failure to carry out the work in accordance with the Contract Documents except insofar as such failure may result from DcMgn Professional's negligent acts or orals-
other persons pefformthg portions of thc work.
2.6.7 The Design professional shall at all unes have access to die work where, er it is in preparation or progress.
2.6.8 Excevt as may ~therwis¢ 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 thc Design Profe~ional's consultauts shall be through the Design Professional.
quality of the Work is in accordance with the Contract Documents. The foregoing representations are sub~ect to minor deviations fi.om the Contract Documents cot-
the Design Professional has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2) ascertained how or for what purgns¢ the Conlractor
has used money previnusly paid on account of the Contract Suro.
1.6.1I The DCMgn Professional shall have the respons~llity and authority to reject work which does not conform to the Contract Documents. Whenever the Design
additional inspection or testing of the work in accordance With the provisions of die Contract Documents, whether or not such Work is fabricated, thstaHed or
performing pordons of the work.
Samples for the purpose of (1) determmthg compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the work, when
dcia~ in the work or si the constraction of the Owner or cf separate contractors, while allowing sufficient time in the Design Prof¢cMonal's professional judgment m
responsibility of the Conu-actor to the extent required by the Contrast Documents. The Design Professional's rewew shall not constitute approval of safety pr¢caurinns
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S:\prch~BIDS SPEC~3000-3999~32I$ Attachment A. doc
2.6.14 On behalf of the Owaer, the Design Professional shag conduct inspections to detem/me the dates of Substantial Completion and Final Completion, and if
requested by the Owner shall/ssue Certificates of Substantial and Final Completion. The Design Professional will receive and re~/ew written gnamutees and related
2.fi.17 The Design Professional'shall render written de~sions within a rea~on~Ie time on all claims, disputes or other rnarters in question between the Owner and
Contractor relating to the execution or progress of the work ~ provided in the Contract Documems.
2.6.18 The Design Professional (l) shall render services under the Agreement in accordance with the Degree of Care; (2) will reimburse the Owner for all damages
r~bY the_~l~feel/v~e d~_es_i~s tho Desig~ ~o~f _e~s~j .m!_~.kxep~r~ and (3) by acknowledging payment by the Owaer of any fe~ due, shall not be released from my
ts the Owner may have under the Agrek~e~t or diminish any of the Dealgn Professional's obligations thereunder.
2.6.19 The Design Profess/mai shall provide the Owner with four sets of reproducible prints showing all significant changes to the Construction Documents during
the Construction Phase.
ART1CLE 3 ADD~i'IONAL SER¥i~S
3.1 GEN~E1L~L
3.I.1 The services described th this Article 3 are not included tn Basic Services unless so identified in the Agreement or Proposal, and they shall be paid for by the
Owner ~s provided in the Agreement, in addition to flue compensation for Basic Services. The scnvices desc:n~oed under Sections 3.2 and 3.4 shall only be prox4ded if
authorized or co~ffirrned in writing by the Owner. If services 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 mud shall not commence such additional services until it receives written
approval from the Owner to proceed. If the Owner indicates in writing that ail or parc of such Contingent Additional Services are not required, the Design Professional
shall have no obligation to provide those services. Owner will be responm~ale for compensating the Design Professional for Contingent Additional Services only if
they are not requ?ed due to the neghgnnce or fault of Design Professional.
3.2 PROffECT REPRESE1NTATION BEYOND BASIC SERVICES
3.2.2 Project Representatives shall be selected, employed and directed by the Design Professional, and the Design Professional shall be compensated therefor as
agreed by the Owner and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are:
1. inconsistent with approvals or insmactions previously ~ven by the Owner, including revisions made necessary by adjuslrnents in the Owners
program or Project budget;
2. required by the enactment or revision of cedes, 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 dec/sion in a timely rammer.
3~3.2 Providing semdces required because of sigthficant changes in the Project including, but not limited to, size, qua[iV, complexity, or the Ovmefs schedule, eXCept
for services required under Subsection 2.5.2.
3.3.3 Pr~ating Drawing, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and
Consm~ction Change Directives.
3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause dmqng consmaetion, and fumisinn g services required in connection wth
the replacement of such work.
3.3.5 Providing set,Aces made necessm:y by the defauh of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of perforrmmce
of either [he Owner or Conmacter under the Contract for Construction.
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,M~.TICLE 4 OWNER'S RESPONSIBILITIES
4.1 The Owner shall consug w~th the Design Profesaonal mgardthg requiren~nts for the Project, includthg (1) the Owners objectives, (2) schedule and design
constraints and criteria, including space requirements and relaticnsh/ps, flex~il/ty, expendability, special equipmefit, systems mad site reqmrements, as more speci-
fically described in Subsection 2.2.[.
4.2 The Owner shall establish mad update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reportable contingensies
related to ag of these costs.
4.3 Ifregnested by the Design Pmfessinnal, the Owner shall furnish credence that financial arrangements have been .made to fulfill the Owners obligations under This
Agreement
4.4 The Owner shall designate a rep~sentative author/zed to act on the Owners behalf with respect to the Project. The Owner or such authorized re¢resentative shall
render decisions in a timely manner pertaining to documents subm/tted by the Design Professional in order to avoid un~easonable delay tn the orderly and sequential
progress of the Design Professional's services.
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4.7 V~aen not a part of the Additional Services, the Owner shall famish structural, mechanical, chemical, ah' and water pollution tests, tests of hazardous materials,
and other Iaborato~ cud environmental tests, inspections and reports required by law or the Conlract Dominants.
4.8 The Owner shall furnish ali legal, accounting and k~sura~ce counseling servines as may be necessary at my time for the Project, including auditing serdce~ the
Owner may require to verfy the Contractors Application* for Payment or m ascermth how or for what pu~oses the Conlractor has used the money paid by or on
behalf of the Owner.
4.9 The services, ~fformation, 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 abscmce of any negtigence on the parc of the Design professional.
4.10 The Owner shall ~ve prompt whtteu nodce to the Design Profe. ssinnal if fac 0wrier becomes aware of any fault or defect in the Proj oct or nonconformance vnth
the Contract Documeuts.
4.11 Design professional shall propose language for certificates or cer~/fications to be requested of the Design Professional or Design Professional'5 consultants ~ud
shall submit such to the Owner for review and approval at lea~t fourteen (14) days prior to execution. The Owner agrees not to request certifications that weald require
knowledgn or ser~ces beyond the scope oft. he Agreement.
ARTICLE 5 CONSTRUCTION COST
5.1 CONSTRUCTION COST DEFI1N~D
5.1.1 The Constracdon Cost shall be the total cost or estimated cost to the Owner of ali elements of the Project designed or specified by the Design Professional.
5.1.2 The Consiractlon Cost shall/nclude the cost at current manet rates of labor and materab farrdshed by the Own~ md equipment designed, specified, selected or
specially pro~ded for by the Design ~ofessional, plus a reasonable allowance for the Contractefs overhead and profit. In addihon, a reasonable allowance for con-
tingencies shag be inaludod for market conditions at the dine of bidding and for changes/n flue work during constsucfion.
5.1.3 ConsUmstion Cost does not include the compensahon of the Design Professional and Design Professional's consultants, the costs of the land, rights-of-way,
fmancthg or other co,ts which are the responm~oility of the Owner ms provided inn Article 4.
5.2 KESPONSIBIL1TY FOR CONSTRUCTION COST
5.2.1 Evaluadens of the OwneCs Projeat budgng preliminary estkmates of Constmodon Cost and doodled eabmates of Constmodon Cost prepmred by the Design
Professional represent the Design Professional's best judgment as a design professional farrier w/th the const~mction industry. It is recogfazed, however, that neith~
the Design Professional nor the Owner has control over the cost of labor, materals or equipment, over the Con,actor's methods of determin(ng bid prices, ar over
competitive bidding or market condigons. AccordIngly, the Design Professional carmot and does not warrmnt or represent that bids or cost proposals will not vary
fi.om the Owner's Project budget or from any estimate of Construodon Cost or evaluation prepared or agreed to by the Design Professional.
5.2.2 No fixed limit of Constracfion Cost shM1 be established ~ a condition of the Agreement by the Inrngabmg, proposal or establishment of a Project budget, unless
such fixed limit has been agreed upon m wrigng and signed by the parties thereto. If such a fixed ~nit has been established, the Design Professional shall be permitted
to include coodngnncies for design, bidd/ng and price escalation, to det~mmme what nmterals, equipment, component systems and types of conmraodon ~re to be
included In the Conlract Documents, to make reasonable adjusUmmts in the scope of the Project and to alclude in the Contract Documents alternate bids to adjust the
Conslamodon Cost to the fixed limit Fixed limits, ff a~y, shall be increased th the amount of an Increase th the Conlamet Sum occurring al~er execution of the Contract
for Constmcl~on.
5.2~3 I~ the Procurement Phase has not commenced w/thin 90 days after the Design Professinnal submits the Consauodon Documents to the Owner, ~ny Project
budget or fixed Iknit of Construction Cost shall be adjusted to reflect changes inn the general level of prices in the conslraodon indastry between the date of subrmssinn
of the Constmodon Documents to the Owner and the date on which proposals are sought
ARTICLE g OWNERSHII' AIR"/) USE OF DOCU1V~NTS
6.1 Tee Drawings, Specificaficms and other documents prepared by the Design Professional for th/s Project are inslramenrs of the Design Professional's service and shall
become the propere/of thc Owner upon termma~on or curr~le~en of the Agreement. The Design Professinnal is entldod to retain copies of all such documents. Such
documeurs are intended only be applicable ro th/s Project, and Owner's use of such documents th other projects shall be at Owner's sole risk and expense. ~n the event the
Owner uses any of the mfornmtion or materials developed pursuant to the Agreement in another project or far other puspeses than are specified fa the Agreement, the Design
Professional is released from any and all liability relating to their use al that project
6.2 Subrdssinn or distn~oution of documents to meet official regnlato~ requirements or for similar proposes m conneodo~ ,Mth the Project is not to be constraed as gnblicadon
in derogation of the Design Professional's reserved rights.
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.~RTICLE 7 TERM2~ATION, SUSPENSION OR ABANDONMENT
7.2 If the Project is suspended by the Owner for more than 80 consecutive days, the Design Professional shall be compensated for serhces sadsfactorily performed pr/or m
notice o£such suspension. When the Project is resumed, the Design Professional's compensation shall be equitably adjusted to provide for expenses incuned in the/ntermpfion
and resumption of the~Design Professional's services.
7.4 Failure of the O~vaer to make payments to the Design Professional for work satisfactorily completed in accordance with the Agreement shift] be considered substan6al non-
performance and cause for termination.
7.5 If the Ovmer falls to make payment to Design professional within thirty (30) days of receipt of a statement for services properly and sadsfactorfly performed, the Design
Professional may, upon seven days w~tt~n notice to the Owner, suspend perforrna~ce 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 semces properly and satisfactorily performed prior to
termination.
.4~KTICLE 8 PAYMENTS TO rile DESIGN PROCESSIONAL
8.1 D~ECT PERSONNEL EXPENSE
8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's personnel engaged on the Project and the pordon of the cost of their
mandatory and customary con~butions md benefits related thereto, such as employment taxes and other statutory eraployee benefits, iusurance, sick leave, holidays,
vacauons, pensions and s~milar cautffourions and bene~s.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable Expenses are In addition to compensation for Basic and Additional Services and include expemes incurred by the Design Professional and
Design Professional's employees and consultants in the interest of the Project, as identLfied in the following Clauses.
8.2.1.1 Expeme of transportation in connection with the Project; expenses in connection with author;zed out-of-town travel; Iong<listance commun/cations;
and fe~ paid for securing approval of authofi6es having ju~diction over the Project.
8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subsection 2.6.19), postage and handlmg of Drawingr,
SpecLficadorz and other documents.
8.2.13 If authorized/n advance by the Owner, expense of overtime work requiting higher than regnlar rates.
8.2.1.4 Expense of rendering, models and mock-ups requested by the Owner.
8.2.1.5 Expense of computer-aided design and drafl/ug equipment time when used th connection with the Project.
8.2.1.fi Other expenses that are approved th advance th writing by the Owner.
PAhq~LENTS 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 with/n each phase of service, on the
basis set forih h~ Section 2 of the Agreement and the schedule of work.
8.3.2 If and to thc extent that the time m/tially established m the Agreement is exceeded or extended through no fault of the Design Professional, compensation for any
serv/ces rendered during the additional pehod of time shag be computed in the rammer set forth in Section 2 of the Agreement.
8.3.3 When compensation is based on a percentage of Consmaction Cost and any portions of the Project are deleted or otherwise not constracted, compemation for
those portions of the Project shall be payable to the extent services are performed on those por~ons, 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 ar proposal is received, the most recent prelim/nary est/mate of Constraction Cost or detailed
estimate of Construclion Cost for such pordons of the Project.
8.4 PAY~IENTS ON ACCOUNT OF ADDITiONAL SERVICES
8.4.1 Payments on account of the Design Professional's Additional Se:~dces and for Ke/mbursable Expenses shall be made monthly within 30 days afrer the
presentation re the Owner of the Design Professional's statement of ser,hces rendered or expenses hacurred.
8.5 PAYI¥iENTS WIT~IT~LD NO deducuons shall be made from the Design Professional's compemation on account of penalty, liquidated damages or ether sums withheld
from payments to contractors, or on account of the cost of changes in the work other than those for winch the Design Professionalis responsible.
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8.6 DESIGI¥ PRO~ss$oI¥
,,~ge ~z~ of not I~ss ~.~ ~e ~ bodily iniu~, u--:. - ---~s ~ $250,000 ~ ~ C~ce ~d not l~s ~
~, ~ uu,O00 for each ac~i~''a~ OInot less ~ $500,000 for - ag~e~te. ~ $2,000,000 m ~e ag~egate,
~ ]?nsatmn polfcy shai[.fjY['a' ~ n~ General M~cares or ms~c~ ~oi~-' ·
.... ~ ~ subs~. ~ ~er and D~i~ pr~.' ~u each policy shall c~-~f "~m~ ~% O~ as~- L~ ~S ~cle l O at ,~ .
~L~ous PRO.ioNS ~ ~ ~e reqmre~en~ oF t~i~ ~s~ rro~essmna shall-'~ ~ce shall no~ be C~ce
Text.
~eemem w~ch roge~er r ~ Used hempen includes ~e e ~ ~s A~e~ ~e D~ ?~ P~ to ~s
~eemen~ e/th · ~e~ ~e ~m xeCU~d A e ~ Pmf~sion~ sha~ not
re~onablv no~;~, ~urea A~emen~ Pro~J, m~TM may be ~endea ~ ~ ~e 0~ ~d D. '"~'~ ~ond~ons ~d ~th~ -
11 4 NO~g con~ed m ~e A~eement sh~l
eO~den~a] or ~ro ~n°S ~ong ~e D~f~ ~er, ~e D~z~ Pmfe~iona~ -..: ~rd pa~ agest ei~ ~e 0~ or D~f~
~ ~d m ~e Pmmo~on~ ~ re~ by ~e O~er to be co~
11.7 All notices, CO~unica~ons ,~ or O~er Work preD~ ~,?s or O~er Work..~ ~he D~l~ Professio
~o;~e United S~s m~] to r~d repor~ requked or pe ' ~ ~ ~y ~e Desi~ p.~ [.,~r snalI such a~r .... ~'a" ~ e~lOyees
e- ~Y ~e p~ to Whom ..-~" m~ A~eemmt, c~fi[~o~na~y dehvered or ma~ ~
= n, or ~t~n ~ee (2) days ;~zpt requested, ~.]e~ o:~~es b~ deposi~n~
Page 10 - ~.er ~m~g, ~, w~se ~eclfied herein~
11.8 Ifanyprov~sion of the Agreement is found or deemedbya court ofcompetentjurisdiefion robe thvalid or unenforoeable, itshallb¢conaldered severable from the
remainder of the Agreement and shall not cause the remainder to be invalid or uneaforceable. In such event, the parties shall reform-the Agreement to replace such
stricken prov/sion w/th a valid and enforceable pro,ds/on which comes as close as possible to expressing the intention of the sh-lcken prov/sinn.
11.9 The Design Professional shall comply wirh all federal, state, and local laws, rules, regulations, and ordInances applicable to the work covered hereunder = they
may now read or hereinafter be amended during the term of this Agreement.
11.I0 In perform/rig the Serv/ces required hereunder, the Design Professional shall not discrim/nate against axay person on the basis of race, color, reiig/on, sex,
uational ofi~m or ancestry, age. or physical handicap.
11.11 The capt/ons of the Agreement are for informational purposes only, and sha[l not in any way affect the substantive terms or conditions of the Agreement
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