2004-310AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT (PSA) WITH GRW WILLIS, INC. FOR THE DESIGN OF THE A
CONSTRUCTION OVERSIGHT OF AN AIRPORT TERMINAL AS SET FORTH IN THE
CONTRACT, AND PROVIDING AN EFFECTIVE DATE (PSA 3204-PROFESSIONAL
SERVICES AGREEMENT FOR DESIGN AND CONSTRUCTION OVERSIGHT OF AIRPORT
TERMINAL AWARDED TO GRW WILLIS, INC. IN THE BASE PROPOSAL AMOUNT OF
$55,120 PLUS A REIMBURSABLE AMOUNT NOT TO EXCEED $1500 FOR THE TERMINAL
BUILDING AND $17,252 FOR THE AUTO PARKING/ACCESS PORTION OF THE
CONTRACT FOR A TOTAL AWARD AMOUNT OF $73,872).
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 I. That the City Manager is hereby authorized to enter into a professional service
contract with GRW Willis, Inc. to provide professional architectural and related services for the
construction oversight and design of an airport terminal for the City of Denton Airport a copy of
which is attached hereto and incorporated by reference herein.
SECTION II. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 11I. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION iV. This ordinance shall become effective immediately upon its passage and
approval. _
PASSED AND APPROVED this the ,~ day of /~7Z~ ~2004.
EULINEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
_ITY^TTO Y
BY:
3-ORD-PSA 3204
ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
~{~T~ AGREEMENT is made and entered into as of the ,~--~/~ day of
_ ~ ,2004, by and between the City of Denton, Texas, a Texas municipal corporation,
with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201,
hereinafter called "Owner" and GRW Willis, Inc., with its corporate office at 1161 Corporate Drive
West, Suite 170 Arlington, TX 76006 hereinafter called "Design Professional," acfmg 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)
Architectural Design and Construction Oversight of A',trport Terminal Building for City of Denton
Municipal Airport
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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 $73,872.
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:
Schematic Design Phase
Design and Development Phase
Construction Documents Phase
Bidding Phase
Construction Phase
1__9%
19%
44%
5%
13%
2.2 ADDITIONAL SERVICES
2.2.1 Compensation for Additional Services is as follows:
Principals
Architect
Structural Engineer
Mechanical Engineer
Civil Engineer
Technical Staff
Clerical Staff
$134 per hour
$ 78 per hour
$ 80 per hour
$ 80 per hour
$ 80 per hour
$ 43 per h6ur
$ 32 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 1.10 times the mounts
billed to the Design Professional for such additional services. (See Exhibit A)
2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1.1. furies 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 $1500 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:
1. City of Denton General Conditions to Agreement for Architectural or Engineering Services.
2. The Design Professional's Proposal (Exhibit A)
This Agreement is signed by the parties hereto effective as of the date fa-st above written.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO L~GAL FORM:
BY: --~"7'_~;r''~ ~
WITNESS:
CITY OF DENTON
CITY MANAGER
Firm's Officer/Representative
<~1~ ~illis, Vi~ Pc~ic3~t
BY:
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CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCHITECT OR ENGINEER'S RESi~ONSIBILITIES
1.1 The Architect or Engineer's services consist of those ~rvices for the Project (as defined in the agxccment (the"Ag~emcnt") and proposal (t~ "Proposal") ~o which these
Genera] Condifior~ are awched) performed by the Pachitect or Engineer (her~ina.~r called ~he "Design P~o fessional") or Design Pro feszional's employees and consultants as
enumerated in Articles 2 and 3 of the~e Crcoend Conditions as modified by the Agreement and Proposal (the "Service~").
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED TheDezignPr~f~zi~na~sBasicSc~dc`~c~nsi~f~h~z~d~cn~dinS¢c~nz2~2~ugh2~6~fthe~¢C~nera~C~ndi~nz~ndinc~ude
without I~mitati~n normal sm~tural, civil, racchanical and elecUical eaginccdng s~viccs and any other engi~e~ng s~ices ucccss~ to produce a compl~t~ and accurate ~t of
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provided in the Agreemem.
2.6.4 Tae Design Professional shall be a ~eatafiw of and shall advise and consult with the Ovnler (1) during eonsalleiion, and (2) at the Ownegs dil~lion ~om
subeon~-a~tors. The I~sign Professional repr~e~ta that he will follow l~gree ofCa~ ~n performing all Sepfic~ under ~he Agreement ~ Design Professional shall
payment for all or any pa~ of the Design Pm fessional's Sen4eea l~gunde~ or of the Project itself shall ia no way alter the l~sign Professional% obligations or
Ovmer~s fight~ hereunder.
shall commUmeato through the Design Pmf~ssional. Commuaieafions by and with th~ Design Professional's consultants shall be ~u~ ~c ~i~ ~f~io~.
the Design Pm fessional has (I) reviewed construction mea~ m~fl~xls, techniques, sequeiges or procedur~ or (2) asceflained how or for what pu~ose the Coatractor
Samples for the pu~ose of (1) determining compliance wi~h applicable laws, statutes, ordinances and codes; and (2) determining whether or not ~he work, when
or, unless otherwise specifically stat~t by the Design Professional, of con,traction means, metl~ls, techniques, sequences or procedures. The D~ign Professional's
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of matedals, systems or equipment is rcquired by the Contract Documents, the Design Pwfe~sional shall be entitled to rely upon such certification to establish that ~h¢
2.6.17 The Design Professional shall render wfit~ de~sioas within a reasonable ~ on ~ll claims, disputes or other mailers in question between the Owner and
3,1 GENERAL
3.1.1 ~e sewices described ia 0~is A~iclo 3 are not ir~luded i~ Basic Se~ices unlegs ~ i&nfifi~ ~ ~ A~t or ~ ~ ~ ~ ~ ~d f~ ~ ~e
Ownex as provided in the Agn~ment, in addition ~o th~ compensation for Baalc Se~4cea. The services desen'0ed under ,Sections 3.2 and 3.4 shall only be provided if
authorized or co n fu~.d in vaiting by ~tg Owne~. ffsetvices desoa~l ~md~r Contingent Additional Service~ h Section 3.3 are required d~e to c~e~ b~yond
3.2 PROJ~Cq' REPRESENTATION BEYOND BASIC SERVICES
3~2.1 ff more extensive rep~entafion at the sim than is descdbed h Subsection 2,6,5 is required, the Design Professiooal shall provide one or more Pwject
Repteseatativ~ to assist in c~g out such additional on-site responsibilities.
3~..2 Project Representa6ves shall be selected, employed ami directed by ~be Design Professional, and the Design Professional shall be compensated therefor as
agr~l by ~hc Owner and l~sign Professional.
I, mcons/stent wilh sppwvals or iastngiions previously give~ by the Owner, including revisions m~de necessmy by adjvsar, ems ~ &e Ovmeffs
program or Project budget;
2. requin:d by the ~t or revision of codes, la~s or regulations subsequeat to the pmpar~ion of such documems, g
3. du~ to changes ~luired as a r~sult of lhe O~neffs failu~ to reader derision in a ti~ly ~.
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3.3.6 Providing s~rvic~ in evalua~g an extcmivc number of claims submitted by the Con~ractor or others in connection with the work.
3.3.7 Providing services in connection with a public heating, arbitration proceeding or legal proceaxiing except where tho Design Professional ~s party thereto.
3.3.8 Providing sc.~ices in addition to tho~¢ required by Article 2 fi~r prepanng documents for altemate~ separate or sequential bids or providing servi¢~ in connection
with bidding or consto~ction prior to the complction of thc ConsRvction Documents Phase.
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4~ Where applicable, the Owner shall furnish surveys describing physical characteristics, legal lirnilalioos and utility locations for the site of the Projec~ and a vnitten
legal ~ption of the site. The surveys and legal information shall include, as applicable, grades and lines of s~ets, alleys, pavements and adjoining properly and
structures; adjacent dminaga; rights-of-way, res~ictions, easements, encroachnents, zoning, deed rcsi~ctions, boundaries and contoum of the site; locations,
dimensions and necessary data pertsinhg to existing buildings, other improvements and trees; and informaton concerning available utility services and lines, both
public and private, above and below grade, including inverts and depths. All die information on die sup~ey shall be referenced to a project benchmark.
4.6.1 The Ownex shall fumlsh the sawices of other consultants when such services are ~asonably n~a~rad by the scope of die Project and are requ~stud by die Design
Professinn~ and are not rctained by the Design Pwfessional as part of its Basic Sentices or Adilifional Services.
4.8 The Owner shall fia~ish ail legal, accounting and insurance counseling s~rvic~s as may bo necessar~ at any time for die Project, including auditing sowices die
Owner may require to verify the Con~ractoffs Applications thr Payment or to aseemin how or for what purposes the Contractor has used the money paid by or on
4.11 Design l~o~esalona~ shall propose language for cen/ficat~ or ~fi~ ~ ~ ~ of~ ~i~ ~f~io~ ~ ~i~ ~'s ~ ~
~1 ~b~t ~ ~ ~ ~ f~ ~ ~ ~mv~ ~ 1~ fo~ (14) ~ ~ m ~fi~ ~ ~a~ ~t m ~u~fi~ ~ wo~ ~
ARTICLE 5 CONSTRUCTION COST
5.1 CONSTRUCTION COST DEFINED
5.12 Thc Cons~u~don Co~t shall iaclude the cast at corrcnt market rates ofhbor and materiah fumishcd by the Owner and equipment dcsigncd, specified, selected or
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owneffs Project budget, preliminary esthnates of Conslructlon Cost and detailed estimates of Conatmation Cost pmgazad by die Design
Pro fessionai raptesent the Dexign Pro fessional's bost judgn~nt as a design profi:saional familiar with the constmedon iuduswff. It is reco~i-~l, however, diat nuithcr
the Design Pmf~salonal nor die Owner has control ove~ the cost of labor, materials or equipment, over the Cunm~ctoffs mediuds of de~nnining bid prices, or over
compettve bidding or market canditions. Accordingly, the Design Ptofesaional cannot and does not warrant or represem that bids or cost proposals will not'vary
from the Owneffs Project budgat or from any eatimate of ~n Cast or evainudon prapared or agreed to by the Deaign Profesalonal.
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8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
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ARTICLE 9 INDEMNITY
9.2 Nothing herein shall be construed to create a liability to any person who is not a party to thc Agreement, and nothing herein shall waive any of the parties' dc fcnsas,
both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to the Agreement, including thc dcfcnsc of governmental immunity, which
defenses are hereby expressly ~served.
ARTICLE 10 INSURANCE During the performance of the Services under the Agreement, Design Professional shall maintain the following insurance with an
ARTICLE 11 MISCELLAi"{EOUS PROVISIONS
1. The executed Agreement
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 subconsuftaats 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 d~fect in the design or other work prepared by the Design Professional, its cmplcyees, subcontractors, agents, and consultants.
11.7 All nodees, communications, and reports required or pennittsd undoc the Agreement shall be personally delivered or mailed to the respective partes by depositing
same in the United States mail to the address shown below signatu~ block on the Agreement, certified mail, rctom l~cuipt requested, unless otherwise specified herein,
All notices shall be deemed effective upon receipt by thc party to whom such notice is giycn, or within thre~ (3) days after mailing.
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11.8 If any provision of the Agreement is found or deemed by a court of compotent jurisdiction to be invalid or ~menforceable, 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 Agrecn~nt to replace such
stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of'the sUicken provision.
ll.lg In performing thc 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.
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Fina~ Draf~
Architect Work Sheet
Outline scope of work:
Provide architectural and engineering services for design of a new general aviation
terminal building and associated auto parking/access roadway. Special studies for
existing terminal structure, aircraft parking apron layout and circulation, and ramp/site
development issues in terminal area.
Pricing of scope of work:
Schematic/Preliminary Design
Design Development
Construction Documents
Construction Contract/Bidding
Construction Ad ministration
Close-Out
Reimbursables (not to exceed)
Geotechnical (City to do)
Surveys (City to do)
Fee for Additional Services
Principal
Architect
Structural Engineer
Mechanical Engineer
Civil Engineer
Technician
Clerical
Terminal
$9,196.00
$ ] 0,782.00
526,206.00
$2,466.00
$4,500.00
$ ! ,970.00
Auto Parkino/Access
$4,005.00
$3,000
$5,997.0O
$1,000.00
$2,OOO.OO
$ 1,250.00
Total
$55,120.00
51,500.00
50.00
50.00
$17,252.0o
$0.00
$0.00
50.00
$134.00/hour
578.00/hour
$80.00/hour
$80.00/hour
$80.00/hour
$43.00/hour
$32.00/hour
Additional pricing:
Scale Drawings for Data, Conduit
runs
$2,000.00
Fina;
ADA/TAC Reviews
Energy Approval
Security Allowance
Special Studies
Special Studies
Final Cost Estimate
$380 - architect pays (reimbursable)
$1,100 - City to pay all inspection fees
City to pay - plan reviews/permits
Need Details
Aircraft Parking Apron Layout And Taxiway
Circulation - 2 mandays @ $1,400/day =
$2,400.00
Existing Building - 3.5 mandays @$640/day --
$2,240.00
$1,500 - City to pay cost