2000-254 ORDINANCE NO ~000-~4
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH MESA DESIGN GROUP TO PROVIDE DESIGN,
CONSTRUCTION DOCUMENTS AND OVERSIGHT SERVICES AT NORTH LAKES PARK
FOR THE CITY OF DENTON PARKS DEPARTMENT AS SET FORTH IN THE CONTRACT,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN
EFFECTIVE DATE (PSA 2558 - PROFESSIONAL SERVICES AGREEMENT FOR DESIGN,
CONSTRUCTION DOCUMENTS AND OVERSIGHT SERVICES AT THE NORTH LAKES
PARK AWARDED TO MESA DESIGN GROUP IN THE AMOUNT OF $130,000)
WHEREAS, the professional services provider (the "Provider) mentioned in tins ordinance lS
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 apphcable to the Provlder'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 The City Manager is hereby authorized to enter into a professional service
contract with the Provider, Mesa Design Group for the Design Construction Documents and
Oversight Services pertalmng the City of Denton Parks & Recreation Department, a copy of winch is
attached hereto and incorporated by reference herein
SECTION II The City Manager is authorized to expend funds as rcqmred by the attached
contract
SECTION III The findings m the preamble of tins ordinance are incorporated herein by
reference
SECTION IV This ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED tins the /,~-~ day of /f.~2dd.~ ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PSA 2558 - CONTRACTUAL FOR PROFESSIONAL SERVICES ORDINANCE 2000
AGREEMENT FOR ARCHITECTURAL SERVICES
This Agreement made as of the 24th day of July, 2000 between the City of Denton, Texas,
hereinafter referred to as "Owner", and Mega De~,Lgn Gm.p~ Inc.: hereinafter referred to as
"Architect" for the following Project North ! ~ake~q Park The Owner and Architect agree as set
forth below
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1 1 ARCHITECT'S SERVICES
1 1 1 The Architect's services consist of those services performed by the Architect,
Architect's employees and Architect's consultants as enumerated ~n Articles 2 and 3 of this
Agreement and any other services included in Article 11
1 1.2 The Architect's services shall be performed as expeditiously as is consistent with the
h~ghest degree of professional skdl and care and the orderly progress of the Work Upon request of
the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of
the Architect's services which may be adjusted as the Project proceeds, and shall ~nclude allow-
ances for periods of time required for the Owner's review and for approval of submissions by
authorities having junsdmtlon over the Project Time hm~ts established by this schedule and
approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or
Owner, and any adjustments to this schedule shall be mutually acceptable to both parties
1 1 3 The services covered by this Agreement are subject to the time hm~tations contmned in
Subparagraph 10 4 1
ARTICLE 2
SCOPE OF ARCHITECT'S BASIC SERVICES
2 1 DEFINITION
2 1.1 The Architect's Basic Services consist of those described in Paragraphs 2 2 through 2 6
and any other services identified in Article 11 as part of Basic Services, and ~nclude without hml-
tat~on normal structural, mechanical and electrical engineering services and any other engmeenng
serwces necessary to produce a complete and accurate set of Construction Documents, as described
by and reqmred in Paragraph 2 4
PAGE 1
22 SCHEMATIC DESIGN PHASE
221 The Architect. m consultatxon with the Owner. shall develop a written program for thc
Project to ascertmn Owner's needs and to cstabhsh thc requirements for the Project
222 The Architect shall prowde a prehmmary evalua, on of the Owner's program.
constructmn schedule and construction budget requirements, each m terms of the other, subject to
the hm~tat~ons set forth in Subparagraph 521
223 The Architect shall review w~th the Owner alternative approaches to design and
construction of the Project
224 Based on the mutually agreed-upon program, schedule and constructxon budget
requirements, the Archttect shall prepare, for approval by the Owner. Schcmat;c Design Documents
consisting of drawings and other documents lllustratmg the scale and relationship of Project
components The Schematic Design shall contemplate comphancc w~th all apphcable laws.
statutes, ordinances, codes and regulations
22.5 The Architect shall submit to the Owner a prehmmary detailed estimate of
Construcnon Cost based on current area. volume or other umt costs and whmh mdmates the cost of
each category of work ~nvolved m constructing the Project and cstabhshcs an elapsed t~me factor
for the per~od of t~me from the commencement to the completion of construction
23 DESIGN DEVELOPMENT PHASE
231 Based on the approved Schematic Design Documents and any adjustments authorized
by the Owner m thc program, schedule or construction budget, thc Architect shall prepare for
approval by the Owner. Design Development Documents consisting of drawings and other
documents to fix and describe the s~ze and character of the Project as to architectural, structural.
mechanical and electrical systems, materials and such other elements as may be appropriate, whmh
shall comply w~th all applicable laws. statutes, ordxnances, codes and regulations Notwithstanding
Owner's approval of the documents. Archttect wan'ants that thc Documents and specifications w~ll
be sufficient and adequate to ful~ll the purposes of the Project
232 The Architect shall adwse the Owner of any adjustments to the prehm~nary estimate of
Construction Cost xn a further Detailed Statement as described m Paragraph 225
24 CONSTRUCTION DOCUMENTS PHASE
241 Based on the approved Design Development Documents and any further adjustments
m the scope or quality of the Project or m thc construcnon budget anthor~zed by the Owner. thc Ar-
chxtect shall prepare, for approval by the Owner. Construcnon Documents consisting of Drawmgs
and Speclficatmns setting forth ~n detml reqmremcnts for the construction of the Project. which
shall comply w~th all apphcablc laws. statutes, ordinances, codes and regulations
PAGE 2
2 4 2 The Architect shall assist the Owner in the preparation of the necessary bidding
information, b~ddIng forms, the Conditions of the contract, and the form of Agreement between the
Owner and contractor
2 4 3 The Architect shall advise the Owner of any adjustments to previous preliminary
estimates of Construction Cost indicated by changes in requirements or general market conditions
2 4 4 The Architect shall assist the Owner In connection with the Owner's responslblhty for
filmg documents required for the approval of governmental authorities having jurisdiction over the
ProJect
2 5 BIDDING
2 5.1 The Architect, following the Owner's approval of the Construction Documents and of
the latest preliminary detailed estimate of Construction Cost, shall assist the Owner in obtmnlng
bids and assist in awarding and prepanng contracts for construction
2 5.2 If the lowest bid for the construction of the ProJect exceeds the total construction cost
of the ProJect as set forth ~n the approved Detailed Statement of Probable Construction Costs of the
ProJect submitted by the Architect, then the Architect, at its sole cost and expense, will revise the
Construction Documents as may be reqmred by the City to reduce or modify the quantity or quality
of the work so that the total construction cost of the ProJect w~ll not exceed the total construction
cost set forth in the approved Detailed Statement of Probable Construction Costs
2 6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
2 6 1 The Architect's respons~blhty to provide Basic Services for the Construction Phase
under this Agreement commences with the award of the Contract for Construction and terminates
at the issuance to the Owner of the final Certificate for Payment, unless extended under the terms of
Subparagraph 9 3 2
2 6.2 The Architect shall provide detailed adm~nlstratlon of the Contract for Construction as
set forth below and In the edition of AIA document A201, General Conditions of the Contract for
Construction, current as of the date of this Agreement, unless otherwise provided In this
Agreement
2 6 3 Construction Phase duties, responsibilities and limitations of authority of the Architect
shall not be restricted, modified or extended without written agreement of thc Owner and Architect
2 6.4 The Architect shall be a representative of and shall advise and consult with the Owner
(1) dunng construction, and (2) at the Owner's direction from time to time dunng the correction, or
warranty period described in the Contract for Construction The Architect shall have authority to
PAGE 3
act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified
by written instrument
2 6 5 The Architect shall inspect the construction site at least once per month, regardless of
whether construction is in progress, to become familiar with the progress and quality of the Work
completed and to determine if the Work is being performed in a manner indicating that the Work
when completed will be in accordance with the Contract Documents Architect shall provide
Owner a written report subsequent to each on-site visit On the basis of on-site observations as an
architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and
shall exem~se the utmost care and diligence in dlscovenng and promptly reporting to the Owner any
defects or deficiencies m the work of Contractor or any subcontractors The Architect represents
that he will follow the highest professional standards in perfonmng all services under this
Agreement The Architect shall promptly correct any defective designs or specifications furnished
by the Architect at no cost to the Owner The Owner's approval, acceptance, use of or payment for
all or any part of the Architect's services hereunder or of the ProJect itself shall ~n no way alter the
Architect's obhgat~ons or the Owner's rights hereunder
2 6.6 The Architect shall not have control over or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for safety precautions and
programs in cormect~on with the Work The Architect shall not be responsible for the Contractor's
schedules or failure to carry out the Work in accordance with the Contract Documents except
insofar as such failure may result from Architect's negligent acts or omissions The Architect shall
not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their
agents or employees, or of any other persons performing portions of the Work
2 6.7 The Architect shall at all times have access to the Work wherever it ~s in preparation or
progress
2 6 8 Except as may otherwise be provided in the Contract Documents or when direct
communications have been specially authorized, the Owner and Contractor shall communicate
through the Arcfutect Communications by and w~th the Architect's consultants shall be through
the Architect
2 6 9 Based on the Architect's observations at the site of the work and evaluations of the
Contractor's Applications for Payment, the Archrtect shall review and certify the amounts due the
Contractor
2 6 10 The Architect's certification for payment shall constitute a representation to the
Owner, based on the Architect's observations at the site as provided ~n Subparagraph 2 6 5 and on
the data comprising the Contractor's Apphcatton for Payment, that the Work has progressed to the
point indicated and that the quality of the Work ~s ~n accordance with the Contract Documents The
foregoing representations are subject to minor deviations from the contract Documents correctable
prior to completion and to specific quahficat~ons expressed by the Architect The ~ssuance of a
Certificate for Payment shall further constitute a representation that the Contractor ~s entitled to
P~kGE 4
payment tn the amotmt certified However, the issuance of a Certificate for Payment shall not be a
representation that the Architect has (1) reviewed construction means, methods, techniques, sequen-
ces or procedures, or (2) ascertmned how or for what purpose the Contractor has used money
previously paid on account of the Contract Sum
2 6 11 The Architect shall have the respons~bthty and authority to reject Work which does
not conform to the Contract Documents Whenever the Architect considers it necessary or
advisable for ~mplementation of the intent of the Contract Documents, the Architect will have
authority to require additional inspection or testing of the Work in accordance with the provisions
of the Contract Documents, whether or not such Work is fabricated, installed or completed
However, neither this authority of the Architect nor a demslon made in good faith either to exercise
or not exercise such authority shall give rise to a duty or respons~bihty of the Architect to the
Contractor, Subcontractors, material and eqmpment suppliers, their agents or employees or other
persons performing portions of the Work
2 6.12 The Architect shall review and approve or take other appropriate action upon
Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of (1)
determining compliance with apphcable laws, statutes, ordinances and codes, and (2) determ~mng
whether or not the Work, when completed, wall be in compliance with the requirements of the
Contract Documents The Architect shall act w~th such reasonable promptness to cause no delay in
the Work or ~n the construction of the Owner or of separate contractors, while allowing sufficient
t~me in the Architect's professional judgment to permit adequate review Review o f such submittals
is not conducted for the purpose of determining the accuracy and completeness of other detmls such
as dimenmons and quantltmS or for substantiating instructions for installation or performance of
equipment or systems designed by the Contractor, all of which remain the responslblhty of the
Contractor to the extent mqmred by the Contract Documents The Architect's review shall not
constitute approval of safety precautions or, unless other~vise specifically stated by the Architect, of
constmctmn means, methods, techniques, sequences or procedures The Architect's approval of a
specffic item shall not indicate approval of an assembly of which the ~tem is a component When
professional certification of performance characteristics of materials, systems or equipment is
reqmred by the Contract Documents, the Architect shall be entitled to rely upon such certification
to estabhsh that the materials, systems or equipment will meet the performance criteria required by
the Contract Documents
2.6 13 The Architect shall prepare Change Orders and Construction Change Directives, w~th
supporting documentation and data if deemed necessary by the Architect as provided in Sub-
paragraphs 3 1 1 and 3 3 3, for the Owner's approval and execution in accordance with the Contract
Documents, and may authorize m~nor changes in the Work not lnvolwng an adjustment ~n the
Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the
Contract Documents
2 6 14 On behalf of the Owner, the Architect shall conduct inspections to determine the dates
of Substantml Completion and Final Completion, and shall issue Certificates of Substannal and
Final Completion The Architect will receive and review written guarantees and related documents
PAGE 5
required by the Contract for Construction to be assembled by the Contractor and shall issue a final
certtficate for Payment upon compliance with the requirements of the Contract Documents
2 6 15 The Architect shall interpret and provide recommendations on matters concermng
performance of the Owner and Contractor under the requirements of the Contract Documents on
written request of either the Owner or Contractor The Architect's response to such requests shall
be made with reasonable promptness and within any time limits agreed upon
2 6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and
reasonably inferable from the Contract Documents and shall be in writing or in the form of draw-
lngs When making such interpretations and initial decistons, the Architect shall endeavor to secure
fmthful performance by both Owner and Contractor, and shall not be liable for results or lnterpm-
taUons or decisions so rendered m good froth in accordance with all the provisions of this
Agreement and in the absence ofnegbgence
2 6 17 The Architect shall render written decisions within a reasonable time on all claims,
disputes or other matters in question between the Owner and Contractor relating to the execution or
progress of the Work as provided m the Contract Documents
2 6.18 The Architect (1) shall render services under the Agreement in accordance with the
highest professional standards prevmhng ~n the Dallas-Fort Worth metroplex area, (2) will
reimburse the Owner for all damages caused by the defective designs the Architect prepares, and
(3) by acknowledging payment by the Owner of any fees due, shall not be released from any rights
the Owner may have under the Agreement or dimimsh any of the Architect's obligations
thereunder
2 6.19 The Archttect shall promde the Owner with one] set(s) of reproducible pnnts and one
set of AutoCadd Files for the project updated with all significant changes to the Construction
Documents dunng the Construction Phase
ARTICLE 3
ADDITIONAL SERVICES
3 1 GENERAL
3.1 1 The services described in this Article 3 are not included m Basra Services unless so
identified in Article 11, and they shall be prod for by the Owner as provided in this Agreement, in
addition to the compensation for Basic Services The servxces described under Paragraphs 3 2 and
3 4 shall only be provided if anthonzed or confirmed in writing by the Owner If services described
under Contingent Additional Services in Paragraph 3 3 are required due to circumstances beyond
the Architect's control, the Architect shall not~fy the Owner prior to commencing such services If
the Owner deems that such services described under Paragraph 3 3 are not required, the Owner
shall give prompt written notice to the Architect If the Owner indicates in writing that all or part of
PAGE 6
such Contingent Additional Services are not required, the Architect shall have no obligation to
provide those services Owner will be responsible for compensating the Architect for Contingent
Additional Services only if they are not required due to the negligence or fault of Architect
3 2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3 2 1 If more extensive representation at the site than is described in Subparagraph 2 6 5 is
required, the Architect shall provide one or more Project Representatives to assist in carrying out
such additional on-site responsibilities
3 2 2 Project Representatives shall be selected, employed and directed by the Architect, and
the Architect shall be compensated therefor as agreed by the Owner and Architect The duties,
responslblhhes and limitations of authority of Project Representatives shall be as described in the
edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed
3 3 CONTINGENT ADDITIONAL SERVICES
3 3 1 Making material revisions in Drawings, Specifications or other documents when such
revisions are
1 inconsistent with approvals or instructions previously given by the Owner,
including revisions made necessary by adjustments in the Owner's program or
ProJect budget,
2 required by the enactment or revision of codes, laws or regulations subsequent to
the preparation of such documents, or
3 due to changes required as a result of the Owner's failure to render decision in a
timely manner
3 3.2 Providing services requn:ed because of significant changes in the Project including, but
not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding and
contracting for construction, except for services required under Subparagraph 2 5 2
3 3 3 Preparing Drawings, Specifications and other documentation and supporting data, and
providing other services in connection with Change Orders and Constmctmn Change Directives
3 3 4 Providing consultation concerning replacement of Work damaged by fire or other
cause dunng construction, and furnishing services required in connection with the replacement of
such Work
3 3 5 Providing services made necessary by the default of the Contractor, by major defects or
deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or
Contractor under the Contract for Construction
PAGE 7
3 3 6 Providing services in evaluating an extensive number of clmms submitted by the
Contractor or others in connection with the Work
3 3 7 Providing services in connection with a public hemnng, arbitration proceeding or legal
proceeding except where the Architect is party thereto
3 3 8 Prepanng documents for alternate, separate or sequential bids or providing services in
connection with blddrng or construction prior to the completion of the Construction Documents
Phase
3 4 OPTIONAL ADDITIONAL SERVICES
3 4.1 Providing financial feasibility or other special studies
3 4 2 Providing planning surveys, site evaluations or comparative studies of prospective
sites
3 4.3 Providing special surveys, environmental studies and submissions required for
approvals of governmental authorities or others having jurisdiction over the Project
3 4.4 Providing services relative to future facilities, systems and equipment
3 4.5 Providing services to investigate existing conditions or facilities or to make measured
drawings thereof
3 4.6 Providing services to verify the accuracy of drawings or other information furnished by
the Owner
3 4 7 Providing coordination of construction performed by separate contractors or by the
Owner's own forces and coordination of services required in connection with construction per-
formed and equipment supplied by the Owner
3 4 8 Providing services in connection with the work of a construction manager or separate
consultants retained by the Owner
3 4.9 Providing detailed quantity surveys or inventories of material, equipment and labor
3 4 l0 Providing analyses ofowmng and operating costs
3 4 ll Making investigations, mventones of materials or equipment, or valuations and
detailed apprmsals of existing facilities
3 4 12 Providing assistance in the utilization of equipment or systems such as testmg,
PAGE 8
adjusting and balancing, preparation of operation and mmntenance manuals, training personnel for
operation and maintenance and consultation dunng operation
3 4 13 Providing interior design and similar services reqmred for or in connection with the
selection, procurement or installation of furniture, fumlshings and related equipment
3 4 14 Provlthng services other than as provided in Section 2 6 4, after issuance to the Owner
of the final Certificate for Payment and expiration of the Warranty period of the Contract for
Construction
3 4 15 Providing services of consultants for other than architectural, structural, mechanical
and electrical englneenng portions of the ProJect provided as a part of Basic Services
3 4 16 Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted architectural practice
3 4.17 Prepanng a set of reproducible record drawings showing Slgnfficant changes in the
Work made during construction based on marked-up pnnts, drawings and other data furnished by
the Contractor to the Architect (This is for drawings prepared in addition to those specified in
Section 2 6 19 )
ARTICLE 4
OWNER'S RESPONSIBILITIES
4 1 The Owner shall consult with the Architect regarding reqmrements for the ProJect,
including (1) the Owner's objectives, (2) schedule and design constraints and criteria, including
space requirements and relationships, flexlbthty, expendablhty, special equipment, systems and site
requirements, as more specifically described in Paragraph 2 2 1
4 2 The Owner shall establish and update an overall budget for the Project, including the
Construction Cost, the Owner's other costs and reasonable contingencies related to all of these
costs
4.3 If requested by the Architect, the Owner shall furnish evidence that financial
arrangements have been made to fulfill the Owner's obligations under this Agreement
4 4 The Owner shall designate a representative authorized to act on the Owner's behalf with
respect to the ProJect The Owner or such authorized representative shall render decisions in a
timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable
delay in the orderly and sequential progress of the Architect's services
4 5 The Owner shall ftmalsh surveys describing physical characteristics, legal limitations and
utility locations for the site of the ProJect, and a written legal description of the site The surveys
PAGE 9
and legal information shall include, as applicable, grades and hnes of streets, alleys, pavements and
adjmmng property and structures, adjacent drmnage, rights-of-way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours of the s~te, locations, dxmens~ons
and necessary data pertmmng to existing buddings, other ~mprovements and trees, and ~nformatton
concerning avmlable utd~ty services and hnes, both pubhc and private, above and below grade,
~ncludlng inverts and depths All the ~nformat~on on the survey shall be referenced to a project
benchmark
4 6 The Owner shall furmsh the services of geotechmcal engineers when such services are
requested by the Architect Such servmes may include but are not hm~ted to test bonngs, test p~ts,
determinations of sod beanng values, percolation tests, evaluations of hazardous materials, ground
corrosion and res~st~wty tests, ~nclud~ng necessary operations for anUc~patmg sub-sod conditions,
w~th reports and appropriate professional recommendatmns
4 6 1 The Owner shall furnish the services of other consultants when such services are
reasonably reqmred by the scope of the Project and are requested by the Architect and are not re-
tinned by the Architect as part of Its Basra Services
4 7 The Owner shall furnish structural, mechanical, chemmal, mr and water pollution tests,
tests of hazardous materials, and other laboratory and enwronmental tests, ~nspect~ons and reports
reqmred by law or the Contract Documents
4 8 The Owner shall furnish all legal, accounting and insurance counsehng servmes as may
be necessary at any t~me for the Project, ~ncludmg auditing serwces the Owner may require to
verify the Contractor's Apphcat~ons for Payment or to ascertain how or for what purposes the
Contractor has used the money prod by or on behalf of the Owner
4 9 The serwces, mformat~on, surveys and reports reqmred by Paragraphs 4 5 through 4 8
shall be furmshed at the Owner's expense, and the Architect shall be entitled to rely upon the accur-
acy and completeness thereof in the absence of any neghgence on the part of the Architect
4 10 The Owner shall g~ve prompt written not~ce to the Architect if the Owner becomes
aware of any fault or defect m the Project or nonconformance w~th the Contract Documents
4 11 Architect shall propose language for certificates or certfficat~ons to be requested of the
Architect or Arctutect's consultants and shall submit such to the Owner for rewew and approval at
least fourteen (14) days prior to execution The Owner agrees not to request certfficat~ons that
would require knowledge or services beyond the scope ofth~s Agreement
ARTICLE 5
CONSTRUCTION COST
5 1 DEFINITION
PAGE 10
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 specified by the Architect
5 1.2 The Construction Cost shall tnclude the cost at current market rates of labor and
materials furnished by the Owner and eqmpment designed, specified, selected or spemally prowded
for by the Architect, plus a reasonable allowance for the Contractor's overhead and profit In
addition, a reasonable allowance for contingencies shall be ~ncluded for market conditions at the
t~me ofhiddmg and for changes ~n the Work dunng construction
5 1.3 Construction Cost does not include the compensation of the Architect and Architect's
consultants, the costs of the land, rights-of-way, financing or other costs which are the responslhih-
ty of the Owner as provided m Article 4
5 2 RESPONSIBILITY FOR CONSTRUCTION COST
5 2 1 Evaluations of the Owner's Project budget, prehmmary esttmates of Construction Cost
and detmled estimates of Construction Cost prepared by the Architect represent the Architect's best
judgment as a design profesmonal famd~ar w~th the construction ~ndustry It is recogmzed,
however, that neither the Architect nor the Owner has control over the cost of labor, materials or
eqmpment, over the Contractor's methods of determimng hid prices, or over competitive hidd~ng or
market conditions Accordingly, the Areh~tect cannot and does not warrant or represent that hids
wall not vary from the Owner's Project budget or from any estimate of Constmctmn Cost or evalua-
tion prepared or agreed to by the Architect
5 2.2 No fixed hmlt of Constmctmn Cost shall be estabhshed as a condition of this
Agreement by the furnishing, proposal or estabhshment of a ProJect budget, unless such fixed hm~t
has been agreed upon in writing and signed by the partms thereto If such a fixed hm~t has been
estabhshcd, the Architect shall be permitted to ~nclude contingencies for design, b~ddlng and price
escalation, to determine what materials, equipment, component systems and types of constructmn
are to be included ~n the Contract Documents, to make reasonable adjustments ~n the scope of the
Project and to include ~n the Contract Documents alternate b~ds to adjust the Constructmn Cost to
the fixed hm~t F~xed hm~ts, ~f any, shall be increased ~n the amount of an ~ncrease in the Contract
Sum occumng after execution of the Contract for Constmctmn
$ 2 3 If the B~dd~ng Phase has not commenced w~thin 90 days after the Architect submits the
Construction Documents to the Owner, any Project budget or fixed hm~t of Construction Cost shall
be adjusted to reflect changes ~n the general level of prices ~n the construction industry between the
date of submmmon of the Construction Documents to the Owner and the date on which proposals
are sought
ARTICLE 6
USE OF ARCItITECT'S DRAWINGS,
PAGE 11
SPECIFICATIONS AND OTHER DOCUMENTS
6 1 The Drawings, Specifications and other documents prepared by the Architect for th~s
Project are instruments of the Architect's service for use solely w~th respect to this Project and,
unless otherwise provided, the Architect shall be deemed the author of these documents and shall
retain all common law, statutory and other reserved rights, including the copyright The Owner
shall be provided a Cadd file of project and permitted to retain copies, including reproducible
copies, of the Architect's Drawings, Specifications and other documents for reformation and
reference in connection with the Owner's use and occupancy of the Project The Architect's
Drawings, Specifications or other documents shall not be used by the Owner or others on other
projects for additions to this Project or for completion of this Project by others, unless th~s
Agreement is terminated because Architect is in default of this Agreement, at which time the
documents become the property of the City of Denton
6 2 Submission or dlstnbntlon of documents to meet official regulatory requirements or for
Slrmlar purposes in connection with the Project is not to be construed as pubhcat~on in derogation
of the Architect's reserved rights
ARTICLE 7
TERMINATION, SUSPENSION OR ABANDONMENT
7 1 Architect may terminate tbas Agreement upon not less than thirty days written notice
should the Owner fad substantially to perform m accordance w~th the terms of th~s Agreement
through no fault of the Architect Owner may terminate this Agreement or any phase thereof upon
thirty (30) days prior written notice to the Architect with the understanding that immediately upon
receipt of such notice, all work and labor being performed under the Agreement shall cease
immediately Before the end of the tl~rty (30) day period, Architect shall invoice the Owner for all
work it performed prior to the receipt of such notice 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 termination of the Agreement and shall be promptly delivered to the Owner m a
reasonably organized form Should Owner subsequently contract w~th a new architect for con-
tmuat~on of services on the Project, Architect shall cooperate ~n prowdmg information
7 2 If the Project is suspended by the Owner for more than 30 consecutive days, the
Architect shall be compensated for services performed prior to notice of such suspension When
the Project Is resumed, the Architect's compensation shall be equitably adjusted to provide for
expenses incurred m the interruption and resumption of the Architect's services
7 3 This Agreement may be termmated by the Owner upon not less than seven days written
not,ce to the Architect in the event that the Project ~s permanently abandoned If the Project ~s
abandoned by the Owner for more than 90 consecutive days, the Architect or the Owner may
terminate this Agreement by giving written notice
PAGE 12
7 4 Fmlure of the Owner to make payments to the Architect in accordance wtth thts
Agreement shall be constdered substantml nonperformance and cause for termmatton
7 $ If the Owner fmls to make payment to Architect wtthtn thtrty (30) days of recetpt of a
statement for servtces properly performed, the Architect may, upon seven days written nottce to the
Owner, suspend performance of servmes under thts Agreement Unless Archttect recetves payment
tn full w~tfun seven (7) days of the date of the nottce, the suspenston shall take effect wtthout
further nottce In the event of a suspension of services under this sectton, the Archttect shall have
no habthty to the Owner for delay or damage caused the Owner because of such suspenston of
services
7 6 In the event of termtnatton not the fault of the Architect, the Archttect shall be
compensated for servmes properly performed prior to termtnatton
ARTICLE 8
MISCELLANEOUS PROVISIONS
8 1 Th~s Agreement shall be governed by the laws of the State of Texas
8 2 Terms ~n this Agreement shall have the same meamng as those m AIA Document A201,
General Conditions of the Contract for Construction, current as of the date of thts Agreement
8 3 The Owner and Archttect, respectively, btnd themselves, their partners, successors,
asstgns and legal representattves to the other party to thru Agreement and to the partners, suc-
cessors, asstgns and legal representatives of such other party w~th respect to all covenants of thts
Agreement Neither Owner nor Architect shall asstgn thts Agreement wtthout the written consent
of the other
8 4 Th~s Agreement represents the enttre and tntegrated agreement between the Owner and
Architect and supersedes all prior negottat~ons, representations or agreements, etther written or oral
Thts Agreement may be amended only by written tnstrument stgned by both Owner and Archttect
8 5 Nothtng contatned m thts Agreement shall create a contractual relattonshlp w~th or a
cause of action m favor ora thtrd party agmnst etther the Owner or Architect
8 6 Unless otherwtse provtded m tfus Agreement, the Arcfutect and Archttect's consultants
shall have no responmbthty for the dtscovery, presence, handhng, removal or dtsposal of or
exposure of persons to hazardous materials tn any form at the ProJect stte, lncludtng but not hmlted
to asbestos, asbestos products, polychlonnated btphenyl (PCB) or other toxtc substances, provtded,
however, Architect shall have the responstbthty to and shall report to the Owner the locaUon of any
hazardous material that an architect of s~mtlar sktll and expertise should have nottced
8 7 Upon receipt of prior written approval of Owner, the Archttect shall have the right to
PAGE 13
include representations of the design of the ProJect, including photographs of the exterior and
interior, among the Architect's promotional and professional materials The Architect's materials
shall not include the Owner's confidential or proprietary information if the Owner has previously
advised the Architect m writing of the specific Information considered by the Owner to be confi-
dential or proprietary The Owner shall provide professional credit for the Architect on the con-
stmction sign and in the promotional materials for the ProJect
ARTICLE 9
PAYMENTS TO TItE ARCHITECT
9 1 DIRECT PERSONNEL EXPENSE
9 1 1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel
engaged on the ProJect and the portion of the cost of their mandatory and customary contributions
and benefits related thereto, such as employment taxes and other statutory employee benefits,
~nsurance, sick leave, hohdays, vacations, pensions and similar contributions and benefits
9 2 REIMBURSABLE EXPENSES
9 2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional
Servmes and include expenses incurred by the Architect and Architect's employees and consultants
in the interest of the ProJect, as identified in the following Clauses
9 2.1 1 Expense of transportation in connection with the ProJect, expenses in connection
with authorized out-of-town travel, long-distance communications, and fees paid for secunng
approval of authorities having junsdmtlon over the ProJect
9 2 1 2 Expense of reproductions (except the reproduction of the sets of documents
referenced m Subparagraph 2 6 19), postage and handling of Drawings, Speclficatmns and other
documents
9 2.1.3 If authorized in advance by the Owner, expense of overtime work requmng higher
than regular rates
9 2 1 4 Expense of renderings, models and mock-ups requested by the Owner
9 3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
9 3 1 Payments for Basic Services shall be made monthly and, where applicable, shall be in
proportion to services performed within each phase of service, on the basis set forth in Subpara-
graph 10 2 2
PAGE 14
9 3 2 If and to the extent that the ttme tmttally estabhshed tn Subparagraph 10 4 1 of thts
Agreement ts exceeded or extended through no fault of the Archttect, compensatton for any
servmes rendered dunng the addlttonal period of ttme shall be computed tn the manner set forth ~n
Subparagraph 10 2 2
9 3 3 When compensatton ts based on a percentage of Construction Cost and any porttons of
the ProJect are deleted or otherwtse not constructed, compensatton for those pomons of the ProJect
shall be payable to the extent servmes are performed on those pomons, tn accordance wtth the
schedule set forth tn Subparagraph 10 2 2 based on (1) the lowest bona fide btd or (2) ~fno such btd
or proposal is received, the most recent prehmmary esttmate of Constmctton Cost or detmled
esttmate of Constmctton Cost for such pomons of the Project
9.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
9 4.1 Payments on account of the Architect's Addtttonal Servtces and for Retmbursable
Expenses shall be made monthly upon presentatton of the Archttect's statement of servtces rendered
or expenses tncurred
9 5 PAYMENTS WITHHELD
9 5.1 No deducttons shall be made from the Arehttect's compensatton on account of penalty,
hqmdated damages or other sums wtthheld from payments to contractors, or on account of the cost
of changes ~n the Work other than those for whmh the Architect ts responstble
9 6 ARCHITECT'S ACCOUNTING RECORDS
9 6.1 Archttect shall make avmlable to Owner or Owner's authorized representattve records
of Retmbursable Expenses and expenses pertatmng to Addtnonal Servmes and servmes performed
on the basts of a multiple of Dtrect Personnel Expense for tnspectlon and copying dunng regular
bustness hours for three years after the date of the final Certfficate of Payment, or tmtd any
httgatton related to the ProJect ~s final, whmhever date ~s 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 tn Arttcle 2, and any other servmes ~ncluded tn
Amcle 11 as part of Basra Servmes, Basra Compensatton shall be $130:000.00
PAGE 15
10 1 2 Progress payments for Basic Services m each phase shall total the following
percentages of the total Basic Compensation payable
o Schematic Design Phase 15%
o Design and Development Phase 20%
o Construction Documents Phase 30%
o B~ddlng Phase 10%
o Construction Phase 25%
o Total Basic Compensation 100%
10 2 COMPENSATION FOR ADDITIONAL SERVICES
10 2.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described
in Paragraph 3 2, compensation shall be computed as follows See section 10 2 2
10 2 2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3
and 11, other than (1) Adthtlonal ProJect Representation, as described in Paragraph 3 2, and (2)
services ~ncluded in Artmle 11 as part of Additional Services, but excluding services of consultants,
compensation shall be computed as follows
Pnnclpals $120 per hour
Associates $75 per hour
Techmcal Staff $45 per hour
Clerical Staff $35 per hour
102.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, ~ncludlng additional
structural, mechanical and electrical englneenng services and those provided under Subparagraph
3 4 16 or identified in Article 11 as part of Additional Services, a multiple of I l times the amounts
b~lled to the Arclutect for such services
10 3 REIMBURSABLE EXPENSES
10 3 1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 9 2, and any other
Items included m Article 11 as Reimbursable Expenses, a multtple of one times the expenses
incurred by the Architect, the Architect's employees and consultants in the interest of the ProJect
10.4 ADDITIONAL PROVISIONS
10.4 1 IF THE BASIC SERVICES covered by th~s agreement have not been completed
within olde year of the date of execution hereof, through no fault of the Architect, extension of the
Architect's services beyond that time shall be compensated as prowded ~n Subparagraphs 9 3 2 and
1022
10.4 2 Payments are due and payable forty-five (45) days from the date of the Architect's
P~GE 16
invoice Amounts for services properly performed which remmn unpaid sixty (60) days after the
invoice date shall bear interest at the rate of one (1%) percent per month
ARTICLE 11
OTItER CONDITIONS OR SERVICES
11 1 Arctutect shall mmntmn, at no expense to Owner, a professional liability (errors and
omissions) insurance pohcy placed with a company rated at least B+/X by Best's Key Rating
Grade, authorized to do business in Texas, ~n an amount not less than two million dollars
($2,000,000) Such policy shall name the Owner as additional insured and shall require the giving
of written notice to Owner at least thirty days prior to cancellation, non-renewal or material
modification of any pohc~es, ewdenced by return receipt of United States Certffied Mml Architect
shall furnish Owner with copies of smd pohmes or certificates evidencing such coverage
11 2 Architect agrees to indemnify, hold harmless, and defend the City, at Arclutect's cost,
its officers, agents, and employees from and against any and all clmms or suits for injuries, dam-
ages, loss, or habthty of whatever k~nd or character, arising out of or in connection wtth the
performance by the Architect of those services contemplated by this Agreement, based upon
allegations of negligent acts or omissions of Architect, its officers, agents, employees, consultants
and subcontractors
Th~s Agreement entered into as of the day and year first written above
MESA DESIGN GROUP, INC
CITY OF DENTON, TEXAS,
OWNER ~ ARCHITECT
B BY
PAGE 17
MESA
PROPOSAL FOR PROFESSIONAL SERVICES
July 24, 2000
Mr Robert Ttckner
Ctty of Denton
Park and Recreatmn Department
321 E McKumey St
Denton, TX 76201
ProJect North Lakes Park Improvements
Denton, Texas
Th~s letter of proposal descrtbes planning and landscape archxtectural serwces to be prowded by MESA
Design Group, Inc, costs of these services and general conditions under whmh those services would be
executed Th~s proposal ts based upon a proposed budget of $1,643,690 00 for a stte development plan
SCOPE OF SERVICES
MESA Design Group, Inc, will prowde the following plannmg and landscape architectural servmes for the
North Lakes Park Improvements - Denton, Texas
A SCHEMATIC DESIGN THROUGH DESIGN DEVELOPMENT
V~sat the s~te, collect base data and perform topographic survey of extsttng conditions
2Revaew program, budget and specffic scope of work
3Prepare schematm studies/alternatives at a scale of 1" = 20'0" ~ncludmg the following
a Football F~elds
1 Grading
2 L~ghtmg
3 Sodding
4 Irrigation
5 Water Meters & UtfltBes
b Soccer Concession (includes water, sewer, and ons~te electric)
c Roadway Improvements
1 Soccer Lot to P~cmc Lot Cormect~on
2 West Road Connection to Football Lot
3 Coordinate w~th C~ty Engmeer's regarding Windsor hooded turn island
d Parkmg Lot Adchttons and Improvements
1 Football parking lot
2 Playground/pmmc lot renovations
3 North Lakes Recreation Center renovatmns ~
4 Soccer parking lot
5 Softball complex lot
6 D~sc golf parkmg lot
e Trads and Walks
f Playground & Shelter Improvements
1 Prepare prelumnary cost estimate
Landscape Archdectare
3100McKinnon Slreet/Smte 905 LB 152 / Dallas Texas 75201
214/871 0560 Fax 214/871 1507
NORTH LAKES PARK IMPROVEMENTS PROPOSAl PAGE 2
2 Review schematic destgn with City staff
3 Attend (2) neighborhood clttzen group meetings 0f necessary)
4 Fine tune information on s~te condltmns and coordinate implications of
approved schematic design with City staff
5 Prepare base sheets for constmctton documents ~n the following format
6 24 x 36 sheets
7 Refine all park design elements, s~dewalk layout, and landscape reqmrements as
shown in the schemattc design
8 Revise cost estimate if required
B CONSTRUCTION DOCUh4ENTS
Constmctton documents shall include the following
a Football Fields
1 Grading
2 L~ghting
3 Sodding
4 lrngatmn
5 Water Meters & Utlhttes
b Soccer Concession (mcludes water, sewer, and onsite electric)
c Roadway Improvements
1 Soccer Lot to Pmntc Lot Connection
2 West Road Connectton to Football Lot
3 Coordinate w~th City Engineer s regardmg Windsor hooded turn island
d Parking Lot Adthttons and Improvements
1 Football parking lot
2 Playground/ptcmc lot renovattons
3 North Lakes Recreation Center renovations
4 Soccer parkarg lot
5 Softball complex lot
6 Disc golf parking lot
e Trails and Walks
f Playground & Shelter Improvements
2 90% Review/check sets at tA s~ze
3 Hardscape specfficattons as reqmred
4 Preparatton of b~d forms
5 Subnnt plans to TDLR for TAS rewew
C BIDDING AND NEGOTIATION
MESA Design Group will perform the following during the bidding phase
1 Provtde bid documents and speclficattons for City staff to bid
2 Assist City staff w~th bidding, pre b~d conference and bid opening
D CONTRACT ADMINISTRATION / CONSTRUCTION OBSERVATION
1 Attend pre-constract~on meeting
2 Approve shop drawings
w \99 PROJECq S\99134 Northlakes Avondale & M~lam Parks\proposal\No~lhLakes Improvements p~oposal 7 20 00 doc
NORTH LAKES PARK IMPROVEMENTS PROPOSAL PAGE 3
3 Approve sample materials for fencing and masom~ work
4 Perform site reviews upon request
5 Perform punchouts and document meetings
COST OF SERVICES
A SCHEMATIC DESIGN THROUGH CONSTRUCTION
OBSERVATION/ADMINISTRATION
Phase One
Lump Sum Basis $130,000 00
B ADDITIONAL SERVICES
(Hourly Basis)
Services requested, but not specifically included m the scope of services will be considered
additmnal services Modlficatmn to drawings, after approval by client, as a result of changes
requested by client or other consultants will be considered additional services and billed at an hourly
rate as follows
Hourly Bas~s
Senior Prmmpal $120 00
Principal $90 00
Associate $75 00
ProJect Manager $60 00
Landscape Architect $45 00
Clerical $35 00
CONDITIONS
A The client will pmmde the following
1 Prewously existing boundax3, and general topographic survey locating structures, existing
vegetation, ex~stmg property lines and utlhtles that cross the property on AutoCAD disk
2 Construction budget considerations
B Not mchtded are the following
Clvd, mechanical and electrical engineering if required
2Illustrative plans, models, and drawings not specifically described in Scope of Services
3TDLR review and inspection fees
4All geotechmcal sods repons and other applicable testing
C MESA Design Associates, Inc may subconlxact consultants in the performance of any services
described m this agreement
D MESA Design Associates, Inc does not act as General Contractor in any way, or accept
respons~bd~ty for poor craftsmanship
W \99 PROJEC~I S\99134 No~lhlakes Avondale & Mdam Parks\Proposal\North[ akcs Improvements ploposal 7 20 00 (loc
NORTH LAKES PARK IMPROVEMENTS PROPOSAL PAGE 4
E The above described compensa'aon for MESA Design Associates, lnc ~ncludes the following costs
Photostats/photocopying/plotting
2Bmdmg
3Prmtmg/repmgraph~cs
4Photography/film/film processing
5Mylars and reproductbles
6Federal Express, courier and/or debvery fees
7Mmlmg/Postage
8M~crofilrmng/scannmg/&g~t~zmg
9Long &stance telephone calls and faxes
10Mileage @ 32
11Pernuts and/or registration fees
12Other products and services requested by the Chent and not specffically described hereto
F E~ther Owner or Consultant may temunate th~s contract w~th seven (7) days written not~ce Upon
termination, Owner will be responsible for payment of all Consultant fees and rmmbursables
expended through the date of termmatmn
G T.IMITATION OF I,TAP. II,1TV
To the maxtmum extent perrmtted by law, the Chent agrees to hm~t MESA's habd~ty for the Chent's
damages to the sum of MESA's fees included m th~s proposal Th~s hnutat~on shall apply regardless
of the cause of actton or legal theo~ pled or asserted
H Compensation for all servmes shall be paid m Dallas, Dallas County, Texas
Invoice Schedule Billing will be on a design progress basis at the end of each month
J Terms Net thtrty (30) days from mvotce days Finance charge of 1 5% per month (18% per annum)
will be added to accounts over thn'ty (30) days past due
Sh~Eb?t~] R/~ Approved by
S~n Cowan "' J - C~ty of De~d Recreatmn Department
~ Date ~"~ /7- -(~(~
Associate
Remm Copy Enclosed
W \99 PROJE£ TS\99134 Northlakes Avondale & Mllam Palks\Proposal\Nol~hl akes Impl,ovements plx)posal 7 20 00 doc