2002-080ORDINANCE NO. ~ Z~t~~- ~,;
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT (PSA) WITH OVERLAND PARTNERS FOR CLEAR CREEK
NATURAL HERITAGE CENTER AS SET FORTH 1N THE CONTRACT; AND PROVIDING AN
EFFECTIVE DATE (PSA 2694 - PROFESSIONAL SERVICES AGREEMENT FOR CLEAR
CREEK NATURAL HERITAGE CENTER, FOR A TOTAL AMOUNT OF $104,700).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
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,
SECTION 1. That the City Manager is hereby authorized to enter into a professional service
contract with Overland Partners, to provide professional architectural and related services for the
Clear Creek Natural Heritage 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.
approval.
PASSED AND APPROVED this the tS~ day of ))~[t~
EULINE BROCK, MAYOR
This ordinance shall become effective immediately upon its passage and
,2002.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LE~PpL FORM:
BY: ~
3-ORD P~(~ Natural Hehtage Center
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES
FOR CLEAR CREEK NATURAL HERITAGE CENTER
STATE OF TEXAS
COITNTY OF DENTON
~{IS AGREEMENT is made and entered into as of the 26th day of March, 2002 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 Overland Partners, 5101 Broadway, San Antonio, TX
78209, with its corporate office at the same location, hereinafter called
"CONSULTANT," acting herein, by and through their duly authorized representatives.
WITNESSETH, that in consideration of the covenants and agreements herein
contained, the parties hereto do mutually agree as follows:
ARTICLE I
EMPLOYMENT OF CONSIILTANT
The OWNER hereby contracts with the CONSULT/LNT, as an independent contractor,
and the CONSULTANT hereby agrees to perform the services herein in connection with
the Project as stated in the sections to follow, with diligence and in accordance
with the professional standards customarily obtained for such services in the State
of Texas. The professional services set out herein are in connection with the
following described project:
The Project shall include, without limitation, establish a work plan and
project schedule and work with the client, ~owner", to confirm project goals and
objectives for the Master Plan for the Clear Creek Natural Heritage Center. See
specific tasks and schedule dated March 12, 2002, as indicated in Attachment A.
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a professional manner:
ao
The CONSULTANT shall perform all those services as necessary and as
described in the Scope of Services, which is attached hereto and made a
part hereof as Attachment ~A" as if written word for word herein.
Bo
To perform all those services set forth in CONSULTANT'S Compensation
Schedule per paragraph III of Attachment A for the Master Plan for Clear
Creek Natural Heritage Center which is attached hereto and made a part
hereof as if written word for word herein.
If there is any conflict between the terms of this Agreement and the
e~//ibits attached to this Agreement, the terms and conditions of this
Agreement will control over the terms and conditions of the attached
exhibits or task orders.
ARTICLE III
$,DDITIONAL SERVICES
Additional services to be performed by the CONSULTAAIT, if authorized by
the OW1FER, which are not included in the above-described Basic Services,
are described as follows:
During the course of the Project, as requested by OWNER, the CONSULTA/~T
will be available to accompany OWNER's personnel when meeting with the
Texas Natural Resource Conservation Commission, U.S. Environmental
Protection Agency, or other regulatory agencies. The CONSULTANT will
assist OWNER's personnel on an as-needed basis in preparing compliance
schedules, progress reports, and providing general technical support for
the OWNER's compliance efforts.
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Assisting OWNER or contractor in the defense or prosecution of litigation
in connection with or in addition to those services contemplated by this
Agreement. CONSULTANT, if any, shall furnish such services, on a fee
basis negotiated by the respective parties outside of and in addition to
this Agreement.
C. Preparing applications and supporting documents for government grants,
loans, or planning advances and providing data for detailed applications.
Appearing before regulatory agencies or courts as an expert witness in
any litigation with third parties or condemnation proceedings arising
from the development or construction of the Project, including the
preparation of engineering data and reports for assistance to the OWNER.
ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon execution of this Agreement by
the OWNER and the CONSULTANT and upon issue of a notice to proceed by the
OWNER, and shall remain in force for the period of performance from Notice to
Proceed as required for the completion of the Project, including Additional
Services, if any, and any required extensions approved by the OWNER. This
Agreement may be sooner terminated in accordance with the provisions hereof.
The CONSULTANT shall make all reasonable efforts to complete the services set
forth herein as expeditiously as possible and to meet the schedule established
by the OWNER, acting through its City Manager or his designee.
ARTICLE V
COMPENSATION
A. COMPENSATION TEPJ4S:
"Subcontract Expense" is defined as expenses incurred by the CONSULTANT
in employment of others in outside firms for services in the nature of
testing, estimating, structural studies, designing, planning, landscape
and development, etc.
"Direct Non-Labor Expense" is defined as that expense for any assignment
incurred by the CONSULTANT for supplies, transportation and equipment,
travel, communications, subsistence, and lodging away from home, and
similar incidental expenses in connection with that assignment.
BILLING AND pAYMENT: For and in consideration of the professional
services to be performed by the CONSULTANT herein, the OWNER agrees to
pay, based on the cost estimate detail at an hourly rate shown in
ATTACHMENT "A" which is attached hereto and made a part of this Agreement
as if written word for word herein, a total fee, including reimbursement
for direct non-labor expenses not to exceed $104,700.
Partial payments to the CONSULTANT will be made on the basis of
detailed monthly statements rendered to and approved by the OWNER through
its City Manager or his designee; however, under no circumstances shall
any monthly statement for services exceed the value of the work performed
at the time a statement is rendered. The OWNER may withhold the final
five percent (5%) of the contract amount until completion of the Project.
Nothing contained in this Article shall require the OWNER to pay for
any work which is unsatisfactory, as reasonably determined by the City
Manager or his designee, or which is not submitted in compliance with the
terms of this Agreement. The OWNER shall not be required to make any
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payments to the CONSULTANT when the CONSULTANT is in default under this
Agreement.
It is specifically understood and agreed that the CONSULTANT shall
not be authorized to undertake any work pursuant to this Agreement which
would require additional payments by the OWNER for any charge, expense,
or reimbursement above the maximum not to exceed fee as stated, without
first having obtained written authorization from the OWNER. The
CONSULTANT shall not proceed to perform the services listed in Article
III "Additional Services," without obtaining prior written authorization
from the OWNER.
Co
ADDITIONAL SERVICES: For additional services authorized in writing by
the OWI~ER in Article III, the CONSULTANT shall be paid based on the
Schedule of Charges at an hourly rate negotiated and agreed upon by both
parties before execution of the additional services. Payments for
additional services shall be due and payable upon submission by the
CONSULTANT, and shall be in accordance with subsection B hereof.
Statements shall not be submitted more frequently than monthly.
PAYMENT: If the OWNER fails to make payments due the CONSULTAIqT for
services and expenses within thirty (30) days after receipt of the
CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT
will be increased by the rate of one percent (1%) per month from the said
thirtieth (30tn) day, and, in addition, the CONSULTANT may, after giving
seven (7) days' written notice to the OWNER, suspend services under this
Agreement until the CONSULTANT has been paid in full all amounts due for
services, expenses, and charges, provided, however, nothing herein shall
require the OWNER to pay the late charge of one percent (1%) set forth
herein if the OWNER reasonably determines that the work is
unsatisfactory, in accordance with this Article V, ~Compensation."
ARTICLE VI
OBSERVATIO~AR~D R~IEW OF THE WORE
The CONSULTANT will exercise reasonable care and due diligence in
discovering and promptly reporting to the OWNER any defects or deficiencies in
the work of the CONSULTANT or any subcontractors or subconsultants.
ARTICLE VII
OWneRSHIP OF DOCUmenTS
Ail documents prepared or furnished by the C0NSULTD~NT (and CONSULTD2qT's
subcontractors or subconsultants) pursuant to this Agreement are instruments of
service, and shall become the property of the OWNER upon the termination of
this Agreement. The CONSULTANT is entitled to retain copies of all such
documents. The documents prepared and furnished by the CONSULTAIqT are intended
only to be applicable to this Project, and OWNER's use of these documents in
other projects shall be at OWNER's sole risk and expense. In the event the
OWNER uses any of the information or materials developed pursuant to this
Agreement in another project or for other purposes than specified herein,
CONSULTANT is released from any and all liability relating to their use in that
project.
ARTICLE VIII
I~DEP~D~NT CONTP~%CTOR
CONSULTANT shall provide services to OWNER as an independent contractor,
not as an employee of the OWNER. CONSULTANT shall not have or claim any right
arising from employee status.
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ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless 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 CONSULTANT or its
officers, shareholders, agents, or employees in the execution, operation, or
performance of this Agreement.
Nothing in this Agreement shall be construed to create a liability to any
person who is not a party to this 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 this Agreement, including the
defense of governmental immunity, which defenses are hereby expressly reserved.
ARTICLE X
INSURANCE
During the performance of the services under this Agreement, CONSULTANT
shall maintain the following insurance with an insurance company licensed 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:
Commercial General Liability Insurance with bodily injury limits of not
less than $500,000 for each occurrence and not less than $500,000 in the
aggregate, and with property damage limits of not less than $100,000 for
each occurrence and not less than $100,000 in the aggregate.
Worker's Compensation Insurance in accordance with statutory
requirements, and Employers' Liability Insurance with limits of not less
than $100,000 for each accident.
C. Professional Liability Insurance with limits of not less than $1,000,000
annual aggregate.
The CONSULTANT shall furnish insurance certificates or insurance policies
at the OWNER's request to evidence such coverages. The insurance
policies shall name the OWNER as an additional insured on all such
policies with the exception of the professional liability policy, and
shall contain a provision that such insurance shall not be canceled or
modified without thirty (30) days' prior written notice to OWNER and
CONSULTANT. In such event, the CONSULTANT shall, prior to the effective
date of the change or cancellation, serve substitute policies furnishing
the same coverage.
ARTICLE XI
TEP/4INATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may
terminate by giving thirty (30) days' advance written notice to the other
party.
This Agreement may be terminated in whole or in part in the event of
either party substantially failing to fulfill its obligations under this
Agreement. No such termination will be affected unless the other party
is given (1) written notice (delivered by certified mail, return receipt
requested) of intent to terminate and setting forth the reasons
specifying the non-performance, and not less than thirty {30) calendar
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days to cure the failure; and (2) an opportunity for consultation with
the terminating party prior to termination.
Co
If the Agreement is terminated prior to completion of the services to be
provided hereunder, CONSULTANT shall immediately cease all services and
shall render a final bill for services to the OWNER within thirty (30)
days after the date of termination. The OWNER shall pay CONSULTANT for
all services properly rendered and satisfactorily performed and for
reimbursable expenses to termination incurred prior to the date of
termination, in accordance with Article V "Compensation." Should the
OWNER subsequently contract with a new consultant for the continuation of
services on the Project, CONSULTANT shall cooperate in providing
information. The CONSULTANT shall turn over all documents prepared or
furnished by CONSULTANT pursuant to this Agreement to the OWNER on or
before the date of termination, but may maintain copies of such documents
for its use.
ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of
the responsibility and liability of the CONSULTANT, 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 CONSULTANT, its employees, subcontractors, agents,
and consultants.
ARTICLE XIV
NOTICES
Ail notices, communications, and reports required or permitted under this
Agreement shall be personally delivered or mailed to the respective parties by
depositing same in the United States mail to the address shown below, certified
mail, return receipt requested, unless otherwise specified herein. Mailed
notices shall be deemed communicated as of three {3) days' mailing:
TO CONSULTANT:
To OWNER:
Overland Partners, Inc. City of Denton
5101 Broadway Tom Shaw, Purchasing Agent
San Antonio, TX 78209 901-B Texas Street
Denton, Texas 76209
All notices shall be deemed effective upon receipt by the party to
whom such notice is given, or within three (3) days' mailing.
ARTICLE XV
ENTIRE AGREEMENT
This Agreement, consisting of 7 pages and Attachment A, constitutes the
complete and final expression of the agreement of the parties, and is intended
as a complete and exclusive statement of the terms of their agreements, and
supersedes all prior contemporaneous offers, promises, representations,
negotiations, discussions, communications, and agreements which may have been
made in connection with the subject matter hereof.
ARTICLE XVI
SEVERA]SILITY
If any provision of this 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 this Agreement and shall not cause the
remainder to be invalid or unenforceable. In such event, the parties shall
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reform this 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.
ARTICLE XVII
COMPLIAI~CE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local laws,
rules, regulations, and ordinances applicable to the work covered hereunder as
they may now read at the time of this agreement or current at the time when
documents are submitted under this Agreement. If addendums are executed, the
addendums will comply with all federal, state, and local laws, rules,
regulations and ordinances applicable at the time of execution.
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not
discriminate against any person on the basis of race, color, religion, sex,
national origin or ancestry, age, or physical handicap.
ARTICLE XIX
PERSONNEL
The CONSULTANT represents that it has or will secure, at its own expense,
all personnel required to perform all the services required under this
Agreement. Such personnel shall not be employees or officers of, or have
any contractual relations with the OWNER. CONSULTANT shall inform the
OWNER of any conflict of interest or potential conflict of interest that
may arise during the term of this Agreement.
Ail services required hereunder will be performed by the CONSULTANT or
under its supervision. All personnel engaged in work shall be qualified,
and shall be authorized and permitted under state and local laws to
perform such services.
ARTICLE XX
ASSIG~RA~ILITY
The CONSULTANT shall not assign any interest in this Agreement, and shall
not transfer any interest in this Agreement (whether by assignment, novation,
or otherwise) without the prior written consent of the OWNER.
ARTICLE XXI
MODIFICATION
No waiver or modification of this Agreement or of any covenant,
condition, or limitation herein contained shall be valid unless in writing and
duly executed by the party to be charged therewith, and no evidence of any
waiver or modification shall be offered or received in evidence in any
proceeding arising between the parties hereto out of or affecting this
Agreement, or the rights or obligations of the parties hereunder, and unless
such waiver or modification is in writing and duly executed; and the parties
further agree that the provisions of this section will not be waived unless as
set forth herein.
ARTICLE XXII
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Agreement:
NONE
B. CONSULTAiTT agrees that OWNER shall, until the expiration of three (3)
years after the final payment under this Agreement, have access to and
the right to examine any directly pertinent books, documents, papers, and
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records of the CONSULTANT involving transactions relating to this
Agreement. CONSULTANT agrees that OWNER shall have access during normal
working hours to all necessary CONSULTANT facilities and shall be
provided adequate and appropriate working space in order to conduct
audits in compliance with this section. OWNER shall give CONSULTANT
reasonable advance notice of intended audits.
Venue of any suit or cause of action under this Agreement shall lie
exclusively in Denton County, Texas. This Agreement shall be construed
in accordance with the laws of the State of Texas.
Do
For the purpose of this Agreement, the key persons who will perform most
of the work hereunder shall be Overland Partners, Inc. and its Team of
Consultants as outlined in Attachment A. However, nothing herein shall
limit CONSULTANT from using other qualified and competent members of its
firm to perform the services required herein.
CONSULTANT shall commence, carry on, and complete any and all projects
with all applicable dispatch, in a sound, economical, and efficient
manner and in accordance with the provisions hereof. In accomplishing
the projects, CONSULTANT shall take such steps as are appropriate to
ensure that the work involved is properly coordinated with related work
being carried on by the OWNER.
The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's
disposal all available information pertinent to the Project, including
previous reports, any other data relative to the Project, and arranging
for the access thereto, and make all provisions for the CONSULTANT to
enter in or upon public and private property as required for the
CONSULTANT to perform services under this Agreement.
The captions of this Agreement are for informational purposes only, and
shall not in any way affect the substantive terms or conditions of this
Agreement.
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, or designee and CONSULTANT has
executed t~ Agreemen~t through its duly authorized undersigned officer on
this the day of~___, 2002.
C TY DENON,
MICt{AEL Al C~ND~F" '
CITY MANAGER
ATTEST:
JENNIF~ER WA~T. EI%S, C~TY SEC~ETA~Y
~-PPRO~D AS TO LEGAL FORM:
BY: /'~f/F¥-d~
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Scope of SeMces for
The Clear Creek Natural Heritage Center
March 12, 2002
I. Project Description & Understanding
Overland Partners will provide professional Planning, Landscape, Architecture, and Project Development
Planning Services for the master planning of the Clear Creek Natural Heritage Center Site. Overland
Partners and its team consultants, including Wallace Roberts & Todd, LLC, Dini Partners, and Daniller &
Company, have developed this revised scope of services from the odginal request for qualifications and
subsequent response. As well, communication with the City's planning staff, UNT and DISD, has been
undertaken to identify task priorities and professional compensation for this Scope of Services.
II. Scope of Services
Based on sustainable design principles and the ecological sensitivity of the site, the Overland Partners
Team proposes that the fifty acre Heritage Center Master Plan be completed as follows:
Task 1. ANALYZE DATA:
1.1
Using previous research, the team will outline recommendations for programs based on
experience in developing both organization strategies and facilities for non-profit organizations.
1.2
Develop a Preliminary Business Plan that provides dear recommendations and options for
administration, staffing, governance, capital funding, program development, marketing and
image. A more detailed list of these items is outlined below.
Administrative Structure · Senior staffing; roles and responsibilities
· Salary ranges
Governance
· Private Foundation vs. Public (City) Board composition
Programs · Educational, mission-driven on-site
· Educational, mission-driven off-site (with partners)
· Potential collaborators
· Non-mission related opportunities
Funding · Capital- possible public/private partnership
· Outline of cyclical operations cost
Attachment A 1 4/9/02
Corporate, Individual, Foundation potential
- Annual operating funding: Revenue potential and fund raising based potential
It, larketing and Image-
Appropriate, mission-driven niche
· Compelling reasons to visit
· Competition and opportunities for collaborations
The preliminary business plan will include an overview of programmatic concepts, funding and
operations strategies that respond to the need and potential determined to be present within the
Denton community, sufficient for initial review by potential funding entities, including the DISD bond
review committee.
1.3
1.4
1.5
Task 2.
2.1
2.2
The team will help the client to make an assessment of information to be included in the
preparation of a base map, in GIS, of the area in study. The client will undertake the task of
preparing the base map.
Based on capabilities demonstrated in initial meetings, it is assumed that the client will be able
to assemble an inventory of the study area for the team to develop an understanding of
existing characteristics such as: Adjacent Land Use, Open Space, Vegetation, Hydrology, Views
& View Corridors, Utilities/Easements, Encumbrances and Restrictions, Vehicular Circulation,
Pedestrian Circulation, Topography, Soils, Slopes, State and Local Parks, Wildlife Areas,
Management Areas, Greenways and Trails, within the study area. This inventory will be utilized
in the development and formation of the Site Design Concepts.
Utilizing the information collected in above mentioned tasks, the Overland Partners team will
prepare a graphic analysis of their findings which may include ecological synthesis and
mapping, historical, cultural, and archeological review, recreational, visual, and points of
interest, analysis, and observations of relevant opportunities and constraints that could impact
design solutions. The content of this information will depend upon information available from
the client
RERNE: Develop Preliminary Site Plan and Recommendations
Upon completion of the Task One documentation, the team will prepare an overall
diagrammatic site zoning and recommendation plan for the 50-acre study area, with general
observations regarding the potential uses and management strategy for the entire 2700 acres.
The diagrammatic site zoning and recommendation plan will document the guiding prindples
on ecological zoning, hierarchy of vistas and points of interest, significant pedestrian and
vehicular corridors and connections and open space opportunities.
Based on the input and program recommendations for the Natoral Heritage Center 50-acre
site, the design team, through a collaborative effort will develop a conceptual hand drawn
"loose" site plan on trace paper. The site plan will incorporate sustainable design principles for
building and site development
Attachment A 2 4/9/02
2.3
2.4
2.5
2.6
In a collaborative effort, the team will hold a l-day workshop with the City Staff and
stakeholders to present and build upon concept ideas, solicit input, and build consensus for
program, resource management, and usage strategies.
Based upon the development of concepts during this meeting, the design team will refine
program concepts for the 50-acre tract, and the proposed structures(s). The program and
concept design will be translated into a preliminary master site plan.
The team will prepare a preliminary master site plan graphic, four (4) fuzzy, conceptual
(perspective) renderings of the primary building envisioned for the CCNHC, and an opinion of
probable construction cost for improvements to the 50-acre tract, based upon professional
experience and opinion, and tied to a set of stated assumptions.
At the completion of the above tasks, the team will assemble the concepts and supporting
documentation. This draft document, along with a draft of the preliminary business plan, will
be submitted to the City Staff for input and review.
Task 3. PRESENT: Final Master Plan Report
3.1 Upon receiving final written review comments from the City, the team will prepare images and
documentation for the preliminary master plan report to be submitted to the City Staff for
approval.
3.2 The preliminary master plan will be submitted both in a bound, 8.5xI 1 hard copy format, and
on CDRom.
III. Compensation
Compensation for the scope of services described above will be a fixed sum of $104,700 as follows:
Task 1 ANALYZE:
Pre-Design Services
Task 2 REFINE: Site Recommendations &
Natural Heritage Center Master Site Plan
Task 3 PRESENT: Preliminary Master Plan Report
And Plan Preparation
Total Phase I Services
* Reimbursable Expenses
(Not to exceed)
$25,170
$58,270
$10,660
$94,100
$10,600
Attachment A 3 4/9/02
Total Fixed Sum $104,700
(Billed on a month['/basis as work progresses)
($64,700 City of Denton, $4o,ooo DISD)
*Reimbursable expenses will be additional to the basic design services and will be a part of the lump
sum cost of the scope of services described above. These expenses include, but may not be limited to
such items as reproduction, computer plotting, printing, photography, aerial maps, travel/mileage, car
rental, fax, copies, meals, lodging, couriers, postage, deliveries, etc. The full allotment for
reimbursements may not be required.
IV. Schedule
ANALYZE AND REFINE PERIOD:
April 1 -15
· Development of Preliminary Site Recommendations, Program/Funding/Operations
Development, and Natural Heritage Center Master Plan
PRESENT PERIOD:
April 15-23
· Production of Preliminary Master Plan Report and Plan Preparation. (Established with the
intention of providing necessary documentation for the DISD Bond committee meeting.)
* Estimated scheduJe assumes a maximum of 10 business days for each review and comment period
by the City.
¥. Additional Services
Changes in the above Scope of Services, when requested and authorized in writing in advance by the
City of Denton, will constitute additional services. Additional services include, but are not limited to;
changes requested by the client such as, additional and/or multiple design studies requested that are
not described herein, preparation of any surveys, site evaluations, environmental studies, financial
feasibility studies, infrastructure analysis and engineering, traffic engineering, architectural and/or
historical architectural design, demographics, preparation of zoning materials or any special studies or
presentations not described herein. Additional services will be compensated based upon a mutually
agreed fee. Incurred expenses associated with any additional services are in addition to the additional
services fee.
VI. Assumptions
A. The City will provide, as expeditiously as possible, ali base information currently in its
possession, required or necessary to complete the scope of services described above. All
information provided by the City is assumed to be accurate and complete unless otherwise
indicated by the City. Any information required to complete this scope of services that cannot
be readily provided by the City would remain the responsibility of the City. All such information
shall be provided to the project team, and any costs associated with acquisition will be borne
by the City. Delays caused in the delivery of needed information may necessitate amendments
to the project schedule.
Attachment A 4 4/9/02
This scope and fee is based on the availability of GIS data as provided by the City/UNT for
preparing analysis mapping. If this information is not available through the client, the team
reserves the right to renegotiate services and associated compensation to accomplish the
inventory and analysis ~napping by other means.
All order of magnitude cost comparisons and opinions of probable construction cost provided
by the Overland Partners team will be on the basis of experience and judgment The team has
no control over market conditions or biding procedures, and cannot warrant that bids or
ultimate construction costs will not vary from their opinions of probable construction costs.
Overland Partners does acknowledge that the City is relying on the opinions of probable
construction costs provided by the team, and anticipates minimal variation from the costs
provided.
D. The city will pay for all required governmental processing fees and/or public notice
advertising costs.
E. Ail printing and reproduction costs for master plan document duplicates will be the
responsibility of the City.
E
Additional meetings and/or presentations beyond the (2) two meetings indicated in this scope
of services will be additional services. It is anticipated that the initial site visit and partner
meeting with be a ~,~ day meeting, while the workshop meeting will be a full day of meeting
time.
Engineering services including a Storm Water Pollution Prevention Plan (SWPPP) and
topographical survey are not included in this scope of seMces. Any services for environmental
engineering such as an Environmental Assessment (E./L) or Environmental Impact Statement
(ELS.), induding for archaeological and/or habitat resource evaluation, would be considered
additional services.
H. The above scope of services does not include a final presentation meeting to the client, or to
any other parties.
NOTES ON ANTICIPATED TASKS FOR A SECOND PHASE OF WORK:
This scope has been modified to respond to the resources and priorities of the client. It is anticipated
that in order to develop and integrate a master plan and business plan for the entire 2700 acres, that a
second phase of work will follow the scope of services outlined above. Tasks anticipated for the second
phase, to be undertaken under a new contract, would include, but not be limited to:
· Detailed analysis and management planning for the entire 2700-acre site
· Undertaking of a charette to involve a wider constituent base, further articulate partner
roles, refine programmatic and design responses, and promote the project to a larger
audience
· Further articulation of business plan details, as pertain to administrative strategies,
funding strategies, and marketing opportunities
Attachment A 5 4/9/02
,, Integration of the business plan with the other elements of the master plan
documentation
· Additional tasks identified during the investi§ation outlined in this scope of services.
Attachment A 6 4/12/02