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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 Page 1 S:\prch\Contracts Documents~3204 -Architect Professional Agrmt.doc 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. Page 2 S:\prch\Contracts Documents~3204-At ehitect Professional Agrmt.doc 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: Page 3 S:\prch\Contmcts DocumentsX3204-Architeet Professional Agrmt.doc 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 Page 4 S:\prch\Conffact~ Documcnts~3204-Architect Professional Agnnt.do¢ 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 Page 5 S:\prch\Contracts Docu mentsX3204 -Architect Professional Agrmt.doc 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 ~. Page 6 S:\preh\Contracts Doeuments~ 204 -Architect Professional Agrmt.do¢ 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. Page 7 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. Page 8 S:\prch\Contracts Dacumentsk?,204-Architect Professional Agrmt.doc 8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Page 9 S:\prch\Contracts Docu mentsL3204-Architect Professional Agrmt,doc 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. Page 10 S:\prch\Con~racts Documents\3204-Architeet Professional Agnnt.doc 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. Page 11 S:\prch\Contracts Documents\3 2~)4 -Architect Professional Agrmt.doc 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