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2001-219 O INANCE NO d/'q AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH DUNKIN SIMS STOFFELS, INC, FOR THE DESIGN OF CROSS TIMBERS PARK AS SET FORTH IN THE CONTRACT, AND PROVIDING AN EFFECTIVE DATE (PSA 2656 - PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF CROSS TIMBERS PARK AWARDED TO DUNKIN SIMS STOFFELS, INC, FOR A TOTAL AMOUNT OF $71,000) THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS WHEREAS, The professional services provider (the "Provider) mentioned in this orchnance is being selected as the most highly qualified on the basis of its demonstrated competence and quahficataons to perform the proposed professional services, and WlffEREAS, The fees under the proposed contract are fmr and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provlder'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 Dunkm Sims Stoffel, Inc, to provide professional arctutectural and related services for the Cross Timbers Park, a copy of which is attached hereto and incorporated by reference herein SECTION 2 The City Manager ~s authorized to expend funds as required by the attached contract SECTION 3 The finchngs in the preamble of this ordinance are incorporated herein by reference SECTION 4 This orchnance shall become effective lmmechately upon its passage and approval PASSED AND AePROVEDthlsthe /~4~ day of ~./'/L/ ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBE~~.~Y ATTORNEY REQUEST FOR PROPOSAL #2656 PROFESSIONAL SERVICES CITY OF DENTON A/E Design for Cross Ttmbers Park AGREEMENT FOR ARCHITECTURAL SERVICES TI'us %greement made as of the 19th day of May, 2001 between the City of Danton, Texas, hereinafter referred to as "Owner", and Durakm Sans Stoffels, Inc, located at 9803 Vvqmte Rock Trail, Suite 210, Dallas, TX 75238, hereinafter referred to as "Axclmtect" for the Cross Tunbers Park, City of Denton The Owner and Arctutect agree as set fo~h below ARTICLE 1 ARCItlTECT*S RESPONSIBILITIES 1 1 ARCItlTECT*S SERVICES 1 1 1 The Arclutect's services conarst of'those services performed by the Arclutect, Arclutect's employees and ArclutecCs oomultants as enumerated m Amcles 2 and 3 of ttus Agreement, any other services included m Amcle 11 and Extab~t A 1 1 2 The Archxtect's servmes shall be performed as expecht~ously as is consistent vath the lughest degree of professional slall and care and the orderly progress of the Work Upon request of the Owner, the Architect shall subrmt for the Owner's approval a schedule for the perfonmnce of the Archxtect's services wtuch may be adjusted as the Project proceeds, and shall include allowances for periods of tune reqmred for the Owner's review and for approval of subunsslons by anthont~es having junschction over the ProJect Tune lmuts estabhshed by tlus schedule and approved by the Owner shah not, except for reasonable cause, be exceeded by the Architect or Owner, and any adjusUmnts to tlus schedule shall be mutually acceptable to both pames 1 1 3 The servmes covered by ttas Agreement are subject to the tune huntaUom contained m Subparagraph 1041 ARTICLE 2 SCOPE O1¢ ARCHITECT'S BASIC SERVICES 2 1 DEFINITION 2 1 1 The Axctutect's Basra Sermces consist of those described m Paragraphs 2 2 through 2 6 and any other servxces ~d,ntffied m Amcle 11 as part of Basic Services, and include vnthout lmutanon to any other arclmtectural services necessary to produce a complete and accurate set of Constmctmn Documents, as described by and reqmred m Paragraph 2 3 2 2 DESIGN DEVELOPMENT PItASE 2 2 1 Tho Architect, m comultanon *nth the Owner, shall develop a written program for the Project to ascertain Owner's needs and to estabhsh the reqmremeata for the Project 2 2 2 The Arc~tect shall provide a prelmanary evaluation of the Owner's program, constmctton schedule and constracuon budget roqmrements, each m terms of the other, subject to the lnmtatxons set fomh m Subparagraph 5 2 1 2 2~3 Th~ Arcl~tect shall review vnth the OWner alternative approaches to design and. construction of the Project 2 2,4 Based on the mutually agreed-upon program, schedule and construction budget requxrements, the Architect shall prepare, for approval by the Owner, Schemattc Design Documents commtmg of drawings and other documents illustrating the scale and ralat~onslmp of ProJect components The Schematm Design shall contemplate comphance w~th all applicable laws, statutes, ordinances, codes and regulations Agreement for Arclutectural Services - Page 1 of 12 REQUEST FOR PROPOSAL #2656 PROFESSIONAL SERVICES CITY OF DENTON A/E Design ~or Cross Tunbars Park 2 2 S The Arcintect shall subrmt to the Owner a Prelunmary Estmmted Construction Cost Amount (ECCA) based on curzent area, volume or other umt costs and winch mthcates the cost of each category of work revolved m constructing the Project and estabhshes an elapsed tmae factor for the period of me from the commencement to the compleuon of constructton 2 2 6, Based on the approved Schema0.¢ Design Documents and any adjustments authorized by the Owner m the program, schedule or constmctaon budget, the A.rcintect shall prepare for approval by the Owner, Design Development Documents Consisting of ckawmgs and other documents to fix and describe the s~ze and character of the Project as to arcintectaral~ s~uctural, mechamcal and electrical systems, matenals and such other elements as may be appropriate, wtuch shall comply wtth all apphoable laws, statutes, ordinances, codes and regulataons m force at the Ume of design, consistent wlth professional slall and care m accordance vath standards of the profession Owner's approval of the documents, shall not constitute a wasvar of the A.rcintect's duty to produce Documents and specfficattons that wit1 be sufficient and adequate to fulfill the purposes of the Project 2 2 ? The Arcintect shall admse the Owner of any adjustments to the Prelmunary Estanated Constmctton Cost Amount (ECCA) m a further Detailed Statement as descnhad m Paragraph 2 2 5 2 3 CONSTRUCTION DOCUMENTS PItASE 2 3 1 Based on the approved Design Development Documents and any further adjustments m the scope or quahty of tko ProJect or m the constmcUon budget authorized by the Owner, the Arcintect shall prepare, for approval by the Owner, Constmctton Documents conststmg of Drawings and Specn'icaUons setting forth m detail reqmrements for the comtmct~on of the ProJect, winch shall comply vath all apphcable laws, statutes, ordinances, codes and regulatrens 2 3 2 The Arcintect shall advise the Owner of any adjustments to prevmus Prehmmary Esmmated ConstmcUon Cost (ECCA) mthcated by changes m reqmrements or general market condltmns 2 3 3 The Arcintect shall assist the Owner m connectron vath the Owner's responslblhty for filing documents reqmred for the approval of governmental authontres having junsd~cuon over the ProJect 2 4 BIDDING 2 4 1 The Axcbatect, following the Owner's approval of the Consmactton Documents and of the latest Prehnanaty Estumted Construction Cost Amount (ECCA), shall assist the Owner during the bidding phase Tins *nll consist of a,qswermg mqumes requested by the purchasing offimal for the C~ty of Denton, evaluating new contractors for responslinb,ty prior to award of the contract, and recommending award or non-award to the City ofDanton's pumhasmg officml 2 4 2 If the lowest bid for the constmctaon of the Project exceeds the total constmctton cost of the Project as set forth m the approved Prehnnnary EsUmated Constmctton Costs of the ProJect subrmtted by the Arcintect, then the Arcintect, at 1ts sole cost and expense, vail remse the Constructaon Documents as may be required to reduce or mochfy the quantuy or quahty of the work so that the total constmotton cost of the Project vail not exceed the total consU'uct~on cost set forth m the approved Prehnunary Estunated Construct, on Costs 2 5 CONSTRUCTION PHASE ADIVIINISTRATION OF THE CONSTRUCTION CONTRACT 2 5 1 The Arcintect~s responslinhty to provide Basic Services for the Construction Phase under tins Agreement commences *nth the award of the Contract for Constmctaon and tennmates at the ~ssuance to the Owner of the final CerUficate for Payment, unless extended under the tenus of Subparagraph 9 3 2 2 5~2 Constmotaon Phase dutres, responsthth0.es and hrmta~xons of anthonty of the Arcbatect shall not be restricted, mothfied or extended vathout written agreement of the Owner and Amlutect Agreement for Architectural Services - Page 2 of 12 REQUEST FOR PROPOSAL #2656 PROFESSIONAL SERVICES CITY OF DENTON AgE Desagn ~[or Cross Timbers Park 2 5 3 The Arclutect and/or ars consulting team shall make penodm sate vastts to determine af the project as proceeding m accordance with the contract documents 'Ihe Arctntect and/or cunsultmg team shall not be responsible or hable for the Contractor's failure to perform the construction work m accordance vnth the contract documents 2 fi 4 The Arcbatect shall not have control over or charge of and shall not be responmble for construction means, methods, teohmqnes, sequences or procedures, or for safety precautmns and programs m connection w~th the Work The Arctntect shall not be responsible for the Cuntxactnfs schedules or failure to carry out the Work m accordance vnth the Contract Documents except insofar as such failure may result from Architect's neghgent acts or omissions The Arclutect shall not have control over or charge of acts or ormssmns of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing pomons of the Work 2 5 5 Except as may otherwise be provided m the Contract Documents or when direct commumcataons have been specafically anthor~zed, the Arctutect and Contractor shall commumcate through the Owner Comumcatmns by and vnth the Arctntect's consultants shall be through the Owner 2 $ 6 Based on the Arctntecfs observations at the site of the work and evalnattuns of the Contractors Apphcauons for Payment, the Arclutect shall review and cemfy the amounts due the Contractor 2 $ 7 The Arctutect's cemficaUon for payment shall constitute a representaUon to the Owner, based on the Arclmect's observations at the sate as provided m Subparagraph 2 6 5 and on the data comprising the Contractors Apphcat~on for Payment, that the Work has progressed to the poma re&cared and that the quality of the Work as m accordance wath the Contract Documents The foregoing representatmns are subject to minor devlaUons from the contract Documents correctable prior to comple~un and to specific qnahficaU, ons expressed by the Arctntect The ~ssuance of a Cemficate for Payment shall further cousUlute a representaUun that the Contractor Is entuled to payment m the amount ecru-fled However, the issuance of a Cemficate for Payment shall not be a representation that the Arclntect has (1) rewewed constmctmn means, methods, techmques, sequences or procedures, or (2) ascertained how or for what purpose the Contractor has used money pre,aously paid on account of the Contract Sum 2 5 8 The Arclutect shall advise the Owner of any Work wluch does not conform to the Contract Documents Whenever the Arclutect considers it necessary or advasable for m~plementat~on of the intent of the Contract Documents, the Arclutect may request and reqmre addxttonal mspecttun or testing of the Work m accordance w~th the provasmns of the Contract Documents, whether or not such Work as fabricated, installed or completed However, naather flus authority of the Arclntect nor a decas~on made m good faith eather to exermse or not exercase such authority shall gave nsc to a duty or respomth~hty of the A.rclntect to the Contractor, Subcontractors, material and eqmpmant supphers, their agents or employees or other persons performing pomons of the Work 2 5 9 The Arclntect shall revmw and approve or take other appropriate acUon upon Contractor's subrmtrals such as Shop Drawings, Product Data and Samples for the purpose of deterrunung whether such subrmttals, contemplating the work to he completed, will be m comphance vath the requirements of the Contract Documents The Architect shallact vath such reasonable promptness to cause no delay m the Work or m the constmctaon of the Owner or of separate contractors, whale allowing sufticaent tune m the Arclutecfs professional judgment to penmt adequate review 2 $ 9 a Revmw of such subnuttals as not conducted for the purpose of determining the accuracy and completeness of other details such as dm~eusaons and quantattes or for substanuatmg msUucttons for installation or performance of equipment or systems desagned by the Contractor, all of wluch remain the respons~b~hty of the Contractor to the extent reqmred by the Contract Documents The Archatect's review shall not cons~mte approval of safety precanttons or, unless otherwase specn'ically stated by the Archatect, of cons~ucUon means, methods, techmques, 2~9b The Arcbatect~s approval of a specffic item shall not indicate eppr°val °f an assembly°f winch the item is a component When professional cemficaUun of performance charactensUcs of materials, systems or eqmpment as requrred by the Contract Documents, the Arclutect shall be entailed to rely upon such cemficat~on to estabhsh that the metenals, systems or eqmpment will meet the performance cntena reqmsed by the Contract Documents Agreement for Arclutectural Services - Page 3 of 12 REQUEST FOR PROPOSAL #2656 PROFESSIONAL SERVICES CITY OF DENTON ME Des~gu for Cross Tnnbers Park 2 5 10 The Arctutect shall prepare Change Orders and Consmact~on Change D~rect~ves, vath supporting documentation and data, af deemed necessary, by the Arclntect as pmmded m Sub*paragraphs 3 1 1 and 3 3 3, for the Owners approval and execution m accordance w~th the Contract Documents 2 5 11 On behalf oftha Owner, the Arctntect shall conduct inspections to determine the dates of Substantml Completion and Final Completxon, and shall ~ssne Cemficates of Substantaal and Final CompleUon The Arclntect will receive and remew wnttan guarantees and related documents reqmred by the Contract for Consm~ct~on to be assembled by the Contractor and shall ~ssue a final cemficate for Payment upon comphance vath the requrrements of the Contract Documents 2 5 12 Interpretations and decisions of the Architect shall be consistent vnth the intent of and reasonably referable from the Contract Documents and shall be at wnUng or m the form of drawings When makatg such mterpretahons and untaal decisatns, the Arclntect shall endeavor to secure fankful performance by both Owner and Contractor, and shall not be hable for results or interpretations or demsatns so rendered ur good faith at accordance w~th all the provisions of ttna Agreement and m the absence ofneghgence 2 5 13 The Arclutect shall render written demstons vathm a reasonable time on all clam, chsputes or other matters ur questaon between the Owner and Contractor relating to the execuUon or progress of the Work as provided at the Contract Documents 2 5 14 The Arclutect (1) shall render serwces under the Agreement m accordance wath the lnghest profass~onal standards prevadmg m the Dallas-Fort Worth metroplex area, (2) will reunburse the Owner for all damages caused by the neghgence of the Arclutect, and O) by acknowledgarg payment by the Owner of any fees due, shall not be released from any nghts the Owner may have under the Agreement or dnnsmsh any of the Arclutect's obhgat~ons thereunder ARTICLE 3 ADDITIONAL SERVICES 3 1 GENERAL 3 1 1 The senacas descnbed m tins Artacle 3 are not atcluded m Basic Services unless so identified at Amcle 11, and they shall be pud for by the Owner as provided m tins Agreement, m adchtaon to the compensation for Basic Servmes The serwces described under Paragraphs 3 2 and 3 4 shall only be provaded if authorized or confmued m writing by the Owner If serwcas described under Contingent Addmonal Services m Paragraph 3 3 are requrred due to circumstances beyond the Arcbatect~s control, the Architect shall notify the Owner prior to commencatg such serwces If the Owner deems that such serrates described under Paragraph 3 3 are not reqtured, the Owner shall gave prompt written notme to the Archatect If the Owner mchcates at writing that all or part of such Contingent Addtlnonel Servtcas are not reqatred, the Architect shall have no obhgatton to prowde those servmes Owner ~ be responsible for compensaUng the Arcbatect for Contingent Addmunal Servmes only ~f they are not reqmred due to the neghgence or fault of Arcbatect 3 2 'PROJECT REPRESENTATION BEYOND BASIC SERVICES 3 2 1 Ifm0re extensive representataon at the s~te than is described m Subparagraph 2 6 5 is reqatred, the Arclutect shall provide one or more ProJect Representatives to assist m carrying out such addataonal on-sate respunslbthtms 3 2 2 Project Representalxvas shall be selected, employed and chrected by the Arclutect~ and the Arclutect shall be compeusated therefore as agreed by the Owner and Arclntect The dutaes, respons~bthtms and larntat~ons of anthonty of Project Representatives shall be as desunbed m the edlhon of AiA Document B352 current as of the date of tlna Agreement, unless otherwtse agreed 3 3 CONTINGENT ADDITIONAL SERVICES 3 3,1 Making metenal revaslons at Drewmgs, Speclficalaom or other documents when such re~satns are Agreement for Arctntectural Services - Page 4 of 12 REQUEST FOR PROPOSAL #2656 PROFESSIONAL SERVICES CITY OF DENTON A/E Design for Cross Tnubers Park mcouslstent w~th approvals or mstmchons previously given by the Owner, including rewsmus made necessary by adjustments m the Owner's program or Project budget, 2 reqmred by the enac~aant or revision of codes, laws or regulations subsequent to the preparatron of such documents, or 3 due to changes requtred as a result of the Owner's failure to render declsmn m a ttmely manner 3 3 2 Pmmdmg servmes requ~ed because of slgmficant changes m the ProJect including, but not hrmted to, size, quality, complemty, the Owner's schedule, or the method of bidding and contracting for coustmctmn, except for services requtred under Subparagraph 2 4 2 3 3 3 Preparing Drawings, Specfflcat~ous and other documentaU, on and supporting data, and prowdmg other services m counect~on wath Change Orders and Construction Change Drrecttves 3 3 4 Promdmg cousultataon concerning replacement of Work damaged by f~re or other cause during comtmctton, and funushmg servmes reqmred m connect~un vath the replacement of such Work 3 3 fi Provtdmg serwces made necessary by the default of the Contractor, by major defects or deficiencies m the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for CoustrucBon 3 3 6 Promdmg services m evaluatarg an extensive number of chum subrmtted by the Contractor or others tn connection wtth the Work. 3 3 7 Providing semces m connection wath a publm hearing, arbltratton proceeding or legal proceeding except where the Arclntect ~s party thereto 3.3 8 Preparing documents for alternate, separate or sequentml bads or provtdmg sermces m connection w~th bidding or ¢omtractton prior to the corapletton of the ConstmcUon Documents Phase 3 4 OPTIONAL ADDITIONAL SERVICES 3 4 1 Providing f~nanelal feeslbthty or other special studies 3 4 2 Providing planning surveys, sate evaluattons or comparative studms of prospecttve sites 3 4 3 Providing special surveys, envrromnental stu&es and subrmssaous reqmred for approvals of governmental anthontaes or others hamg jumthctton over the ProJect 3 4 4 Provtdmg serwces relative to future facfllttes, systems and eqmpment 3 4 $ Promdmg set,aces to mvesttgate emstmg concht~ous or facthtms or to make measured drawings thereof 3 4 6 Promdmg services to verify the accuracy of drawings or other mfomt~on furmshed by the Owner 3 4 7 Provtdmg coordination of constmctton performed by separate contractors or by the Owner's own forces and coordination of servmes reqmred m cotmectmn vnth comtmct~on performed and eqmpment supphed by the Owner 3 4,8 Provtdmg sermces m ¢ouneetton vnth the work of a constmctaon manager or separate consultants retained by the Owner 3 4,9 Promdmg detailed quantaty surveys or inventories of material, eqmpment and labor 3 4 10 Prowdmg analyses of owmng and operating costs Agreement for Architectural Services - Page 5 of 12 REQUEST FOR PROPOSAL #2656 PROFESSIONAL SERVICES CITY OF DENTON A/E Das~gn for Cross Ttmbers Park 3411 Making mvestagataons, mventonas of materials or equrpment, or valuations and detarled apprmsals of exastmg facflitaas 3412 Prowdmg assmtance m the utahzat~on of eqmpment or systems such as tasting, adjusting and halancmg, preparaaon of operataon and maintenance manuals, training personnel for operatmn and maintenance and consultation during operataon 3413 Prowdmg interior design and snmlar serwces requnnd for or m connec~on vath the selectaon, procurement or mstallataon of furmture, funnstnngs and related equrpment 3414 Promdmg se~vmes other than as prowded m Sectton 253, after tssuance to the Owner of the final Cemficate for Payment and exptrataon of the Warranty period of the Contract for Construction 3415 Providing serwces of consultants for other than archttectural, sU'uctural, mechamcal and elecmcal engineering pomons of the Project prowded as a part of Basra Semces 3416 Providing any other servmas not otherv~se included m flus Agreement or not customarily funushed m accordance wath generally accepted arcbatectural practice 3417 Preparing a set of reproducthle record drawings showing s~gmficant changes m the Work made during consmactmn based on marked-up pnnts, drawings and other data furmshed by the Contractor to the Archuect ARTICLE 4 OWNER'S RESPONSIBILITIES 41 The Owner shall consult wath the Arclutect regarding reqmremems for the Project, including (1) the Owner's objecnves, (2) schedule and dasagn constraints and criteria, including space reqturements and relattonsl~ps, flexab~hty, expendability, spemal eqmpmcnt, systems and sate reqmrements, as more spemfically dascnbed m Paragraph 221 and Exhibit A 42 The Owner shall estabhsh and update an overall budget for the Project, including the Constmctmn Cost, the Owners other costs and reasonable contmgencaas related to all of these costs 43 If requested by the Arclntect, the Owner shall funnsh ewdence that financml arrangements have been made to fulfill the Owner's obhganons under th~ Agreement 44 The Owner shall destgnate a representative anthonzed to act on the Owner's behalf vath respect to the Project The Owner or such author[zed representative shall render demmons m a tnnely manner pertaining to documents subnntred by the Arc~ntect m order to avmd unreasonable delay m the orderly and sequantaal progress of the Arclmtect's 45 The Owner shall furmsh surveys daserthmg phymcal charactensttcs, legal lmutat~ons and utthty locattons for the sge of the ProJect, and a written legal dascnptaon of the s~te The surveys and legal mformatmn shall include, as apphcable,,grades and hues of streets, alleys, pavements and adjommg property and structures, adjacent drainage, rights- of-way, restrictions, easements, encroachments, zoning, deed restnctmns, boundanes and contours of the s~te, locations, dnnensmns and necessary data pertaining to emstmg buildings, other nnpmvements and trees, and mformat~on concerning avmlable utility servtcas and hues, both pubhc and private, above and below grade, including reverts and depths All the mformatton on the survey shall be referenced to a project benchmark 46 Tha Owner shall funnsh the sermcas of other consultants when such servtces are reasonably reqmred bY the scope of the Project and are requested by the A~clntect and are not retained by the A.rchuect as part of ~ts Baste Servmes 47 The Owner shall funush structural, machamcal, chermcal, mr and water pollutton tests, tests of hazardous materials, and other laboratory and environmental tests, mspecttons and reports requnnd by law or the Contract Documents At the C~ty's dascretton at may perform, or may have services performed by others, ~ e archaeological Agreement for Archttectural Services - Page 6 of 12 REQUEST FOR PROPOSAL #2656 PROFESSIONAL SERVICES CITY OF DENTON A/E Design for Cross Tanbers Park surveys, feasibthty sVadlas, or envtronmantal stuthes Any and all reports provided by such services to the Architect shall be utahzed as chrected by the City of Denton The City of Denton takes no responsibility for the mformat~on prowded from such services 4 8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any trine for the ,Project. including authtmg services the Owner may reqmre to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner 4 9 The services, reformation, surveys and reports required by Paragraphs 4 5 through 4 8 shall be ftamsherl at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof m the absence of ally neghgence on the part of the Arclutect 4 10 The Owner shall give prompt written notice to the Architect if the Owner becomes aware of any fault or defect m the,ProJect or nonconformance with the Contract Documents 4 11 Architect shall propose language for certaficatas or certifications to be requested of the Architect or Arch~tecfs consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution The Owner agrees not to request certifications that would reqmre knowledge or services beyond the scope of this Agreement ARTICLE 5 CONSTRUCTION COST 5 1 DEFINITION 5 1 1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specffied by the Architect $1 2 The Construction Cost shall include the cost at current market rates of labor and materials furmshed by the Owner and eqmpment designed, specified, selected or specially promded for by the Arcintect, plus a reasonable allowance for the Contractor's overhead and profit In addition, a reasonable allowance for contingencies shall be included for market conditions at the tune of blddmg and for changes m the Work during construction 5 1 3 Constmcnon Cost does not include the compensation of the Architect and ArcIntect's consultants, the costs of the land, rights-of-way, f'mancmg or other costs which are the responslb~hty of the Owner as prowded m Article 4 5 2 ~RBSPONSIBILIT¥ ]FOR CONSTRUCTION COST 5 2 1 Evaluations of the Owner's Project budget, Prelunmary Estunated Construction Cost Amount (ECCA) prepared by the Architect represent the Architect's best Judgment as a design professional familiar with the construction industry tt is recognmed, however, that neither the Architect nor the Owner has control over the cost of labor, materials or eqmpment, over the Contractor's methods of determining bid prices, or over competmve bidding or market condlnons Accordingly, the Architect cannot and does not warrant or represent that bids will not vary from the Owner's Prloject budget or from any estunate of Construction Cost or evaluation prepared or agreed to by the Architect 5 2 ~l A fixed ltmtt has been astabhshed, the Architect shall be permitted to include contmgenclas for design, bidding and price escalanon, to determine what materials, equipment, component systems and types of construction are to be included m the Conl~act Documents, to make reasonable adjuslments m the scope of the Project and to include m the Contract Documents alternate b~ds to adjust the Construction Cost to the fixed hmlt 5 2.3 If the Bidding Phase has not commenced within 90 days after the Architect submits the Constructaon Documents to the Owner. any Project budget or fixed hmlt of Construction Cost shall be adjusted to reflect changes m the general level of prices m the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought Agreement for Architectural Services - Page 7 of 12 REQUEST FOR PROPOSAL #2656 PROFESSIONAL SERVICES CITY OF DENTON A/E Design f~or Cross Ttmbers Park ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6 1 The Drawings, Specfficanons and other documents prepared by the Arcintect for tins Project are instruments of the Arclntecfs service for use solely with respect to tins ProJect and, unless other~mse prowded, the Archnect shall be deemed the author of these documents and shall retam all common law, statutory and other reserved rights, including the copyright ~fhe Owner shall be pemntted to retain copras, including reproducible codes, of the Arcintect's Drawings, Specuqcanons and other documents for mformanon and reference m counect~on wath the Owner's use and occupancy of the Project The Arclntect's Drawings, Speclficataous or other documents shall not be used by the Owner or others on other projects for adchtmus to tins Pro.~ect or for complenon of tins Project by others, unless this Agreement is terminated because Architect is m default of tbs Agreement, at wlnch tune the documents become the property of the City of Dentor. 6 2 Subunsslon or &stnbut[on of documents to meet official regulatory reqmrements or for smular purposes m connection with the Project is not to be construed as pubhcaUon m deroganon of the Archttecfs reserved rights ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7 1 Arclutect may terminate flus Agreement upon not less than thn'ty days written nonce should the Owner fall substantially to peffonu m accordance with the terms of tim Agreement through no fault of the Arcbatect Owner may terminate tl~s Agreement or any phase thereof upon thn'ty (30) days prior wntten nonce to the Arclutect vath the understanding that munedmtely upon receipt of such not[ce, all work and labor being performed under the Agreement shall cease immediately Before the end of the thn'ty (30) day period, Arcintect shall invoice the Owner for all work it performed prior to the receipt of such not,ce No amount shall be due for lost or anticipated profits All plans, field surveys, and other data related to the ProJect shall become property of the Owner upon temnon of the Agreement and shall be promptly delivered to the Owner m a reasonably orgamzed form Should Owner subsequantly contract with a new architect for contmuanon of servtces on the Project, Arcbatect shall cooperate m providing mformanon. 7 2 If the Project is suspended by the Owner for more than 30 consecutave days, the Architect shall be compensated for serwces performed prior to notace of such suspension When the Project xs resumed, the Arcintect's compensat[on shall be equitably adjusted to prowde for expenses recurred m the mterrupUon and resumpnon of the Arclutect's services ? 3 Tins Agreement may be terminated by the Owner upon not less than seven days written nonce to the Ardntect m the event that the Project ~s permanently abandoned If the Project is abandoned by the Owner for more than 90 conseeuuve days, the Arcintect or the Owner may terminate tlus Agreement by giving written nonce ? 4 Failure of the Owner to make payments to the Archttect m accordance with this Agreement shall be consldered,substaniaal nonperformance and cause for temunaUon 7 S If the Owner fails to make payment to Arclntect vathm thn'ty (30) days of receipt of a statement for servaccs properly performed, the Arcbatect may, upon seven days wntten nonce to the Owner, suspend performance of serwccs under tlus Agreement Unless Architect receives payment m full within seven (7) days of the date of the nonce, thc suspens~un shall take effect without further nonce In the event of a suspension of services under tins section, the AxcIntect shall have no habthty to the Owner for delay or damage caused the Owner because of such suspeus~on of ? 6' In the event of termmanon not the fault of the Arclutect~ the Architect shall be compensated for services properly p¢ffonued prior to terrnmalaon Agreement for Arclutectural Services - Page 8 of 12 REQUEST FOR PROPOSAL #2656 PROFESSIONAL SERVICES CITY OF DENTON AYE Design ~'or Cross Tmthers Park ARTICLE 8 MISCELLANEOUS PROVISIONS 8 1 Tlus Agreement shall be govemed by the laws of the State of Texas 8 2 Terms m flus Agreement shall have the same meaning as those m AIA Document A201, General Condmons of the Cenlract for Constmctaen, current as of the date of tlm Agreement 8.3 The Owner and A.rcImtect, respectavely, brad themselves, theft parmers, successors, assigns and legal representatives to the other party to thas Agreement and to the partners, successors, assigns and legal representataves of such other party w~th respect to all covenants of tlus Agreement Neither Owner nor Architect shall assign ttus Agreement w~thout the written consent of the other 8 4 Tins Agreement represents the enOxe and integrated agreement between the Owner and Arctutect and supersedes all prior negotiations, representat~ous or agreements, either written or oral Tlus Agreement may be amended only by written memament signed by both Owner and Arclutect 8 5 Nothing contained m tins Agreement shall create a contractual mlat~onstup wath or a cause of action m favor of a tlurd party against e~ther the Owner or A~chatact 8 6 Unless othervnse promded m tlus Agreement, the Arctutect and Architect's consultants shall have no responslbrhty for the dascovery, presence, handling, removal or d~sposal of or exposure of persons to hazardous materials m any form at the ProJect site, including but not hrmted to asbestos, asbestos products, polychlormated blphenyl (PCB) or other tome substances, promded, however, Architect shah have the responsibility to and shall report to the Owner the location of any hazardous material that an arclutect of smular skall and expemse should have not, ced 8 7 The Arclutact shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Arclutect's promotional and professional materials The Arclmect's materials shall not mcluda the Owner's confldantml or proprietary mfomV, on if the Owner has prevmusly admsed the Arcbatect m writing of the spe¢ffic reformation considered by the Owner to be confidential or proprietary The Owner shall promde professmnal credit for the Arehatect on the construction sign and m the promoiaonal materials for the Project ARTICLE 9 PAYMENTS TO THlg ARCHITECT 9 1 DIRECT PERSONNEL EXPENSE 9 1 1 D~rect Personnel Expense is defined as the direct salaries of the Arelmtect's personnel engaged on the Project and the poraon of the cost of thmr mandatory and customary conmbutmr~s and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacattous, pensions and smlar cenmbut~ous and benefits 9 2 REIMBURSABLE EXPENSES 9 2,1 Remibursable Expenses are m addition to compensation for Basic and Addmonal Servmes and include expenses recurred by the Arclutect and Arcl~tact's employees and consultants m the interest of the Project, as identified m the following Clauses 9 2 1 1 Expense of transportation m connection wth the Project, expenses m connectaen wath authorized out-of- town travol, and fees pard for secunng approval of anthont~es hamg juns&ctton over the Project 9 2 1 2 Expense of reproducO, ons (except the reproduetten of the sets of documents referenced m Subparagraph 2 6 19), postage and handling of Drawings, Specifications and other documents Agreement for Archatectural Servmes - Page 9 of 12 REQUEST FOR PROPOSAL #2656 PROFESSIONAL SERVICES CITY OF DENTON A/E Design ~or Cross Tmabers Park 9 2 1 3 If authorized m advance by the Owner, expense of ovemme work requmng lugher than regular rates 9 2 1 4 Expense of renderings, models and mock-ups requested by the Owner 9 2 1.5 Rannbursable expenses for 9 2 1 1 and 9 2 1 2 shall not exceed $3,500 00 (See Exhibit A) 9 3 PAYMENTS ON ACCOUNT O1* BASIC SERVICES 9 3 1 Payments for Basxc Services shall be made monthly and, where apphcable, shall be m proportion to servmes performed vathm each phase of serwce, on the basxs set forth m Subparagraph 10 2 2 9 3 2 If and to the extent that the tane untmlly estabhshed m Subparagraph 10 4 1 of this Agreement is exceeded or extended through no fault of the Axolntect, compensaUon for any ser,nces rendered dunng the addmonal period of tune shall be computed m the manner set forth tn Subparagraph 10 2 2 9 4 pAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9 4 1 Payments on account of the Arclntect's Adthttonal Servxces and for Reanbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses recurred 9 5 pAYMENTS WITHHELD 9 5 1 No dedanttons shall be made fxom the Architect's compensation on account of penalty, hqmdated damages or other sums w~thhald fxom payments to eonlxactors, or on account of the cost of changes m the Work other than those for which the Architect is responsible 9 6 ARCHITECT'S ACCOUNTING RECORDS 9 6 1 Arctntect shall make avadable to Owner or Owners authorized representative records of Reh-nbursable Expenses and expenses pertaining to Adtht~onal Services and services performed on the bas~s of a multiple of Direct Personnel Expense for mspectaon and copying during regular business hours for three years after the date of the final Cemficate of Payment, or untd any htagatton related to the Project is final, whichever date is later ARTICLE 10 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows 10 1 BASIC COMPENSATION 10 1 1 FOR BASIC SERVICES, as described m Amcle 2, and any other serwcas included tn Amcle 11 as part of Basic Serwces, Basic Compensation shall be $53,000 00 per Architects Proposal, a copy of which is attached hereto and made a part hereof as Exlu~mt A 10 1 2 Progress payments for Basic Servmes m each phase shall total the following percentages of the total Basra Compensation payable Design and Development Phase 35% Construction Documents Phase 40% B~ddmg Phase 5% Construction Phase 20% Total Basic Compensation 100% Agreement for Aretutectural Serwces - Page 10 of 12 REQUEST FOR PROPOSAL #2656 PROFESSIONAL SERVICES CITY OF DENTON A~E Design for Cross Tnnbers Park 10 2 COMPENSATION FOR ADDITIONAL SERVICES 10 2 1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as dascnbed m Paragraph 3 2, compensatton shall be computed at the hourly rates to be agreed upon at the tune of negotmtmm 10 2 2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described m Amcles 3 and 11, other than (1) Ad&Uonal Project RepresentaUon, as descnbed m Paragraph 3 2, and (2) servzces included m ArUcle 11 as part of Addit~onal Services, but exchidmg services of consultants, compensaUon shall be computed as follows Pnnc~pals $ 95 per hour Associates $ 65 per hour Techmcal Staff $ 45 per hour Clerical Staff $ 30 per hour 10 3 REIMBLrRSABLE EXPENSES 10 3,1 FOR REIMBURSABLE EXPENSES, as described m Paragraph 9 2, and any other items included m Article 11 as Kemabursable Expenses, a multiple of 1 10 trines the expenses recurred by the A.rchitect, the Architect's employees and consultants m the interest of the Project 10 4 ADDITIONAL PROVISIONS 10 4 1 IF THE BASIC SERVICES covered by tins agreement have not been completed by August 30, 2001, hereof, through no fault of the Arclutect, extensmn of the Architect's semces beyond that rune shall be compensated as promded m Subparagraphs 9 3 2 and 10 2 2 10 4 2 Payments are due and payable thaw (30) days from the date of the Architecfs invoice Amounts for servtcas properly performed wlnch remain tm. paid sixty (60) days after the mvmce date shall bear interest at the rate of one (1%) percent per month ARTICLE 11 OTI-IER CONDITIONS OR SERVICES 11 1 Architect shall maintain, at no expense to Owner, a professional habthty (errors and ormsslons) insurance pohcy placed wtth a company rated at least A-/X by Best's Key Rating Grade, authorized to do business m Texas, m an amount not less than one rmthun dollars ($1,000,000) Such pohcy shall reqmre the giving of written notate to Owner at least thaw days prior to ceneellaixon, non-renewal or material mochficatton of any pohcles, evidenced by return receapt of Umted States Cemfi. ed Mail Architect shall funush Owner wth copies of stud pohcies or certificates ewdencmg such coverage 11 ~ Archite~t agrees to mdemnff-y and save and hold harmless, the City, ~ts officers, represeutattves, and employees from and against any and all clatms or suits for mjunes, damages, loss, or habthty of whatever kind or character, arising out of or m counectton wath the performance by the Architect of those services contemplated by this Agreement, based upon allegatmns of neghgent acts or omiss~ons of Architect, ~ts officers, agents, employees, consultantS and subcon~actors 11 3 Architect shall provide the following addmonal services that are not a part of the basic services upon request of the Owner l American Dlsabthty Act CemficaUon per State Requtrements 2 Topographic Base Map and Boundary Survey (Per Exlnhit A) not to exceed $14,500 3 Bid documents beyond constmctton documents promded for msectton 2 3 1 Agreement for Architectural Services - Page 11 of 12 REQUEST FOR PROPOSAL #2656 PROFESSIONAL SERVICES CITY OF DENTON A/E Design for Cross Timbers Park of the Owner ' 1 Amencan Dmabil~ty Aa Ce~aficaflon per Slate Rgquu~ments 2 , Topograpluc Base Map and Bounda~ Survey (Per E:du~t A) not ~o ex__ _~e~_ _ $14,~00 3 Bid documems 10c, yond constmc~on documents prowded for m section 2 3 I Tlus A~eement entered mto as of the day and year first written above CITY OF DENTON, TEXAS, '~ BY ~'f~.~ ~'~ BY E~I~ iBROCK, MAYOR E~ OI~FIC~R/OWNER Al'l'~ST ~ ~ ~ ~O~ F~ ~T L ~0~, C~ A~ Agreement for Architectural Services - Page 12 of 12 Dunkin Sims Stoffels, Inc, Landscape Architects/Planners M,',y 7, 2001 Ms, Janet S~mpson Assistant Dlrectnr. Parks & Recreation Department C~ty of Denton 321 E MoKInnoy Street Denton, Texas 76201 Dear Ms Simpson We appreciate th~ npp~rtunlty to submit th~s scope of ssrvmee for Cross Timbers Perk In Denton. Texas, Thru proposal is being submitted for your rewew and approval The profesotonel ecrvmes for this park will be p;epur~d by the following consulting team Dunkln S~ms Stoffals, Inc, will be the primary consuJtant for the project, Lady Bird Johnson Wlldflower Canter and Nathan D Meier (.onsultlng Engineers. Inc The scope of services ~s divided rote two phases, Phase I, Basra Design Services. and Phase II, Reimbursable Expen.~ PHASE I - BASIC DESIGN SERVICES AND CONSTRUCTION DOCUMENTS Construction documents will be prepared for the park elements Illustrated in the master plan prepared by Mesa Design (Phase One) and w~th~n the allocated park construction budget Thru section also Includes the servlc~; prnvlded by the Lady Bird Johnson Wddflowor Center The servioae in thru phase are divided Into four sections {1) design and devalopmen[, (2) construction documents and spemflcat~ons, (3) b;ddmg and contract award, and (4) cu;~bLru(,I.~ul! observation, Each section sets forth the services to be performed Design Development Phase Schematic alternative plans will be prepared by the consult;ng team and presented to staff for their review and eommont,~. Tho plane wdl be prepared with staff mpu[ .t regard to [he final design dsCls;ons Ah:er the C,ty and Consultant have agreed upon the final program elements, a p~ul~..nery cost estimate will be prepared detailing the park elements in [he construction phase 9803 White Reek Trail Suite ;'lO Dallas, Texas 75230 214-553-5778 EXHIBIT A-1 LADY BIRD JOHNSON WILDFLOWER CENTER The Lady Bird Johnson Wildflower Center wdl perform the followJnq serwces for Cro~q Tlmhers Park Site V,slt - The LRP wlJl conduct a rote wsit w~th interested parties to become familiar w~th Cross T,mhnrs Park end the ex~shng site conditmns Dunng the sku w~l~ Information will be collected needed to complete a tWo-acre prairie restorer.on plan, 12,000 square feet wetland plantlng ,plan, preliminary ~rad Idyuur. and ,n[erpre[atlon bpecies hsts from other regional pra~rms {Flower Mound. Culp Branch) will be obtained or developed Habitat on the two-acre prairie restoration will be mapped for micro-topography~ soils, exotic and Invas~ve spsctes populatiol3s, and desirable plant populations Specle~ hqt. will be developed for the wetland planting based on species found m Pecan Creek. other stretches of Hickory Creek, and the Elm Fork nf the Tmnity River Miero-s,tes will he ~den[~fmd and mopped ;n d~e hair-acre wetland planting area. A second site wslt will be conducted to review the project work to date, present concel3tual interpretation to Interested perrins, finalize the restoration plan and tra~l layout, Construction Documents and S~eClflaatlons Construction documents and specifications will be prepared for the park elements outlined In tho ODS[ sat~rnatc for oonstruc~lon The consul£H~g team will perform the following tasks ~n this section of the project · Grading Plan{s), which wdl estabhsh ;trades for all elements of th~ · Layout Plan(~) Ina;tin0 by d~rnensions all struoturee, playing flclds, walks, roods, parking areas, planting areas, otc · Elec[rical Plan{s) show~ng the location of all light standards, controls, w~res, otc · Planting Plan{s) locating and ~dsnt~fylng ail plant materml and a list of plant~ including quantities, sizes, and vanetms. · Cons~ructmn Details prcwd~ng plans, sections, elevations of the ind~vldual elemonts of ~ha plans · Prepare appropriate add or deduct alternates · Prepare the technical specifications Cost estimates wdl be prepared for each of the program's elements The cost for these slemente will be reviewed w~th staff BIDDING AND CONTRACT AWARD The t. onsultant will be responsible for the following tasks in this phase · Answer questions and interpret drawing dunng the b~dding period EXHIBIT A -2 · Assist the C~ty In recmwng bids · Prepare any required addendum, a Analyze the bids and make a written recommendation to the C~ty for awarding a contract Construction Admlnletratlon We will perform the following tasks during th;s phase of the project a Consultation and adwse to the City a Preparation of elementary and supplementary =ketches required to resolve field conditions · Approval of submittals and shop drawings submitted by contractors for confor- mance with the design concept · TJ~Le~.,J3Dsu[tlng_team _~h~_lL make-pemodm-eRe v~stts t~ determmetf th~project rs proceeding m accordance w~th the contract documents Tho consulting teem shall not be responmble or liable for the Contractor's failure to perform the construction work In accordance with the bullLId[,t documents · Review and approval o1 all certificates tor payment submitted by the Contractor · Prepare Change Orders for the City's approval and execution a Coordinate final site walk through w~th the City at the conclusion of the construction and provide o punch list to Contractor to compl~Le [h~ proj~c~ Professiolml Fees The Consultant shall pen~orm the scope of services In Phases I for the fee a fee of $53,000 O0 PHASE II - ADDITIONAL SERVICES [ESTIMATED FEES) The tees presented below for each task are estimated fees Because the scope of services of the servmes for each item cannot be determined at th~s t~me Topograllhlo Base Map and Boundary Survey A one-foot ~ntervel on-the-ground topography mdp und boundary survey will be prepared for sectmns 'of the park rsqulmng grading and ADA access which w,II be under construction Critical spot elevations wdl be established, I e major trees, sewer manholes, existing street grades, storm seWer mists, etc This w~ll be sul~plemented by all known easements and utdltie$ We would recommend the C~ty budget $14,500 for this task Plan and ISpeoiflcatlon Printing The Consultant will mvmce the City at the incurred cost plus 10% for all out-of-house pr,ntmg EXHIBIT A-3 of plans, specifications end plotting of AutoCadd files, Requested mounting or laminating of master plans w~Jl also bo ~Hvu~,ad at the incurred cost In-house printing of check prints for use ~n preparing the construction documents are included in the bamc design services. Postage and d~livery expenses will not be Invoiced during the Design Phase of the Cour~sr, express mini, or overnight dehvery charges, as well as, the cost of ma~hng sets of oontract documents to prospective bldde~= will be charged to the City. We would recommend the C~ty budget $3,000 to $3,500 for this task PREPARATION OF ALTERNATES The Consultant's fees are based upon the total dollars allocated for construction ef th~ project The Consultant will prepare an estimate for probable cost of construction Th~s estimate will be based on the deqlgn dev. lopment phase of The proj.et Should tho CiTy request dastgn servmes on alternates to be prepared for b~ddmg above the allocated $710,416 00, the oonsukmg team will lnvome the CITy In addition to dm or~tlir~al contract amount, the agreed percentage of construction cost for preparatton of plans, construction documents end specifications for the alternates Any such expense_s s_h_all be pr_e-autho~iT.d by the~ C.[tV tn ~dvance o war eng per or~d We appreciate the opportunltv to ~uhm~t thlq scope of serwee$ and look forward to worE~ng w~th you and the Denton parks and recreation staff If you have any questions, do not hesitate Prlnmpal EXHIBIT A-4