2000-334 ORDINANCE NO Z;~/~/~-,.~/(
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
SCHRICKEL, ROLLINS AND ASSOCIATES, INC AN ARCHITECTURAL FIRM, TO
PROVIDE CONCEPT AND BUSINESS PLANS FOR A PROPOSED AQUATIC CENTER,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN
EFFECTIVE DATE (RFSP 2548- PROFESSIONAL SERVICES PROCUREMENT IN THE
AMOUNT OF $111,500)
WHEREAS, the C~ty Cotmcfl deems ~t ~n the pubhc ~nterest to engage the firm of
Schnckel, Rolhns and Assocmtes, Inc ("Consultant"), to provide professional architectural
services to the City for concept and business plans for a proposed aquatic center, and
WHEREAS, the C~ty staff has reported to the C~ty Council that there ~s a substantial need
for the above-described professional serwces, and that hm~ted C~ty staff cannot adequately
perform the servmes and tasks w~th ~ts own personnel, and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act", generally provides that a C~ty may not select a prowder of
professional services on the bas~s of competmve b~ds, but must select the prowder on the bas~s of
demonstrated competence, knowledge, and quahficat~ons, and for a fmr and reasonable price,
and
WHEREAS, the C~ty Council has provided m the C~ty Budget for the appropriation of
funds to be used for the purchase of the professmnal serwces, as set forth ~n the Agreement for
Architectural Services, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The C~ty Manager ~s hereby authorized to execute an Agreement for
Architectural Servmes w~th the Consultant, to provtde professional architectural serwces to the
C~ty for concept and business plans for a proposed aquatic center, ~n substantially the form of the
Agreement attached hereto and ~ncorporated herewith by reference
SECTION2 The award of th~s Agreement by the C~ty ~s on the bas~s of the
demonstrated competence, knowledge, and quahficat~ons of the Counsultant and the ability of
the Consultant to perform the professional services needed by the C~ty for a fmr and reasonable
prtce
SECTION 3 The expen&ture of funds as promded ~n the attached Agreement ~s hereby
authorized
SECTION 4 Th~s ordinance shall become effective ~mmedmtely upon ~ts passage and
approval
PASSED AND APPROVED this the ~ ~ day of ~~ ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By~~~~
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY ~~
Page 2
S \Our Doeumcnts\Ordmances\00XAquattc Center Deslsn Contract doc
AGREEMENT FOR ARCHITECTURAL SERVICES
This Agreement made as of the (~day of ~~ ,2000 between
the City of Denton~ Texas, hereinafter referred to as i'O(vner", and Schnekel~ Rolhns and
Associate~ Inc., herema~er referred to as "Architect" for the following Project Denton
Aquatic Center The Owner and Architect agree as set forth below
ARTICLE 1
ARCHITECT'S RESPONSIBILITIES
1 I ARCHITECT'S SERVICES
1 1 1 The Architect's services consist of those servmes performed by the Architect,
Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of th~s
Agreement and any other servmes included in Article 11
1 1.2 The Architect's servmes shall be performed as exped~Uously as ~s consistent w~th the
h~ghest degree of professional skill 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
allowances for periods of t~me reqmred for the Owner's rewew and for approval of submissions
by authorities having junsdmtlon over the Project T~me hm~ts estabhshed by th~s 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 part,es
1.1 3 The services covered by th~s Agreement are subject to the time hmltatlons contained
~n 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 ~n Paragraph 2 2 and ~n the
attached Exhibit "A" Other services as hsted m Paragraphs 2 3 through 2 6 and any other
services ~dent~fied in Article 11 and any other eng~neenng services necessary to produce a
complete and accurate set of Construction Documents, as described by and required ~n Paragraph
2 4 wall be prowded only upon completion of the services described ~n Exhibit "A" and wall only
be prowded if authorized by written contract amendment by the Owner
Agreement for Architectural Services - Page 1 of 12 905~
2.2 SCHEMATIC DESIGN PHASE
2 2 1 The Architect, m consultatmn with the Owner, shall develop a written program for
the Project to ascertmn Owner's needs and to establish the requirements for the Project
2 2 2 The Architect shall promde a prehmlnary evaluation of the Owner's program,
construction schedule and construction budget reqmremems, each m terms of the other, subject
to the hm~tatlons set forth m Subparagraph 5 2 1
2 2 3 The Architect shall rewew with 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
requirements, the Architect shall prepare, for approval by the Owner, Schematic Design
Documents consisting of drawings and other documents illustrating the scale and relationship of
Project components The Schematic Design shall contemplate comphance with all applicable
laws, statutes, ordinances, codes and regulations
2 2 $ The Architect shall submit to the Owner a preliminary detailed estimate of
Construction Cost based on current area, volume or other unit costs and which indicates the cost
of each category of work involved m constructing the Project and establishes an elapsed time
factor for the period of time from the commencement to the completion of construction
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3 1 1 The services described m this Article 3 are not included in Basic Services unless so
ldentlfiied m Artmle 11, and they shall be paid for by the Owner as provided m this Agreement,
m addition to the compensation for Basic Services The services described under Paragraphs 3 2
and 3 4 shall only be provided if authorized or confirmed m writing by the Owner If services
described under Contingent Additional Services in Paragraph 3 3 are reqmred due to
c~rcumstanees beyond the Architect's control, the Architect shall notify the Owner prior to
commencing such servmes If the Owner deems that such services described under Paragraph
3 3 are not reqmred, the Owner shall g~ve prompt written notice to the Architect If the Owner
mdmates in wrmng that all or part of such Contingent Addmonal Servmes are not required, the
Architect shall have no obhgatlon 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
Agreement for Architectural Services - Page 2 of 12 9o5~
3 2 CONTINGENT ADDITIONAL SERVICES
3 2 1 Making materml rewstons ~n Drawings, Spectficatlons or other documents when
such rewslons are
1 tncons~stent w~th approvals or tnstructtons prevtously gtven by the Owner,
mcludtng remstons made necessary by adjustments tn the Owner's program or
Project budget,
2 reqmred by the enactment or revtston of codes, laws or regulations subsequent
to the preparatton of such documents, or
3 due to changes reqmred as a result of the Owner's fmlure to render dectslon tn
a t~mely manner
3 2 2 Providing servtces reqmred because of s~gnlfiCant changes ~n the ProJect tncludtng,
but not hm~ted to, stze, quality, complemty, the Owner's schedule, or the method of blddtng and
contracttng for construction
3.3 OPTIONAL ADDITIONAL SERVICES
3.3.1 Providing financial feastb~hty or other specml studtes
3.3.2 Providing planning surveys, s~te evaluations or comparattve studtes of prospecttve
sttes
3 3.3 Prowd~ng special surveys, envtronmental studtes and submtss~ons required for
approvals of governmental authorities or others havtng j unsdtct~on over the Project
3 3.4 Providing servtces relative to future facdmes, systems and eqmpment
3.3.5 Provtdtng servmes to ~nvemgate extsttng condtt~ons or facthttes or to make
measured drawtngs thereof
3 3 6 Provtdtng servmes to verify the accuracy of drawtngs or other tnformatton furnished
by the Owner
3 3 7 Provtdmg analyses of owning and operattng costs
3.3.8 Making mvesttgattons, tnventones of materials or eqmpment, or valuattons and
detaded apprmsals of ex~sttng facdtttes
3.3 9 Prowd~ng servmes of consultants for other than archttectural, structural, mechantcal
and electrical engmeenng portions of the ProJect provtded as a part of Bastc Servmes
Agreement for Architectural Servtces- Page 3 of 12 905~
3 3.10 Prowdlng any other services not otherwise ~ncluded ~n th~s Agreement or not
customarily furnished ~n accordance w~th generally accepted architectural practice
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 rcqmrements and relationships, flexlbdlty, expendabd~ty, special equipment, systems and
s~te reqmrements, as more specffically described m Paragraph 2 2 1
4.2 The Owner shall establish and update an overall budget for the Project, ~ncludmg 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 obhgatmns under this Agreement
4.4 The Owner shall designate a representative authorized to act on the Owner's behalf
w~th respect to the Project The Owner or such authorized representative shall render demslons
~n a t~mely manner pertmmng to documents submitted by the Architect ~n order to avoid
unreasonable delay ~n the orderly and sequentml progress of the Archttect's servtces
4 5 The Owner shall furnish surveys describing physical charactenstms, legal hm~tat~ons
and utd~ty locations for the site of the Project, and a written legal descnpnon of the s~te The
surveys and legal ~nformatlon shall ~nclude, as apphcable, grades and hnes of streets, alleys,
pavements and adjolmng property and structures, adjacent drainage, rights-of-way, restrictions,
easements, encroachments, zoning, deed restrictions, boundaries and contours of the s~te,
locations, d~mens~ons and necessary data pertalmng to existing buildings, other ~mprovements
and trees, and mformat~on concermng avmlable utdtty services and hnes, both pubhc and
private, above and below grade, Including ~nverts and depths All the ~nformanon on the survey
shall be referenced to a project benchmark
4 6 The Owner shall furnish the servmes of geotechntcal engineers when such services are
requested by the Arclutect 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 anUclpatmg sub-sod
conditions, with reports and approprmte professional recommendations
4.6.1 The Owner shall furmsh the servmes 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 ~ts Basic Servmes
Agreement for Architectural Services - Page 4 of 12 905~
4 7 The Owner shall fum~sh structural, mechamcal, chemical, mr and water pollution tests,
tests of hazardous matermls, and other laboratory and enwronmental tests, inspections and
reports reqmred by law or the Contract Documents
4 8 The Owner shall furmsh all legal, accounting and ~nsurance counsehng serwces as
may be necessary at any t~me for the Project, ~nclud~ng auditing servmes the Owner may reqmre
to verify the Contractor's Apphcat~ons for Payment or to ascertarn how or for what purposes the
Contractor has used the money prod by or on behalf of the Owner
4.9 The services, ~nformat~on, surveys and reports reqmred by Paragraphs 4 5 through 4 8
shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the ac-
curacy and completeness thereof ~n the absence of any neghgence on the part of the Architect
4 10 The Owner shall g~ve prompt wrnten notme to the Architect ~f the Owner becomes
aware of any fault or defect ~n the ProJect or nonconformance w~th the Contract Documents
4 11 Architect shall propose language for cemficates or cemficat~ons to be requested of
the Archttect or Architect's 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
cemficat~ons that would reqmre knowledge or services beyond the scope of th~s 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
5.1.2 The Construction Cost shall ~nclude the cost at current market rates of labor and
matermls furmshed by the Owner and eqmpment designed, specffied, selected or specmlly pro-
v~ded 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 nme of b~ddmg and for changes ~n the Work dunng constructmn
5 ! 3 Construction Cost does not ~nclude the compensauon of the Architect and Architect's
consultants, the costs of the land, rights-of-way, financing or other costs whmh are the respons~-
b~hty of the Owner as prowded ~n Artmle 4
5 2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's ProJect budget, prehm~nary estimates of Construction
Cost and detmled estimates of Construction Cost prepared by the Architect represent the Areh~-
tect's best judgment as a design professional famdmr w~th the construction ~ndustry It ~s
Agreement for Architectural Serwces - Page 5 of 12 905~
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 detenmmng b~d prices, or over
competitive bidding or market conditions Accordingly, the Amh~tect cannot and does not war-
rant or represent that bids will not vary from the Owner's ProJect budget or from any estimate of
Construction Cost or evaluation prepared or agreed to by the Architect
5.2 2 No fixed hm~t of Construction Cost shall be estabhshed as a condition of th~s
Agreement by the furnishing, proposal or estabhshment of a Project budget, unless such fixed
hmtt has been agreed upon ~n writing and mgned by the part~es thereto If such a fixed hmlt has
been established, the Architect shall be permitted to ~nclude contingencies for design, b~dd~ng
and price escalation, to detenmne what matermls, eqmpment, component systems and types of
construction are to be ~ncluded in the Contract Documents, to make reasonable adjustments ~n
the scope of the ProJect and to include ~n the Contract Documents alternate bids to adjust the
Constructton Cost to the fixed hm~t F~xed hm~ts, ~f any, shall be ~ncreased ~n the amount of an
~ncrease m the Contract Sum occurring after execution of the Contract for Construction
5.2.3 If the B~ddmg Phase has not commenced w~thm 90 days after the Architect submits
the Construction Documents to the Owner, any ProJect budget or fixed hm~t of Constmctton
Cost shall be adjusted to reflect changes ~n the general level of prices ~n the construction ~ndustry
between the date of submission of the Construction Documents to the Owner and the date on
which proposals are sought
ARTICLE 6
USE OF ARCHITECT'S DRAWINGS,
SPECIFICATIONS AND OTHER DOCUMENTS
6.1 The Drawings, Specfficat~ons and other documents prepared by the Architect for th~s
ProJect are ~nstruments of the Architect's serwce for use solely w~th respect to th~s ProJect and,
unless otherwise prowded, the Architect shall be deemed the author of these documents and shall
retmn all common law, statutory and other reserved rights, ~ncludmg the copyright The Owner
shall be permitted to retmn cop~es, including reproducible cop~es, of the Architect's Drawings,
Specfficatlons and other documents for ~nformat~on and reference m counect~on w~th the
Owner's use and occupancy of the Project The Architect's Drawings, Spemficat~ons or other
documents shall not be used by the Owner or others on other projects for add~tmns to th~s Project
or for completion of th~s Project by others, unless th~s Agreement ~s terminated because
Architect ~s ~n default of th~s Agreement, at whmh time the documents become the property of
the City of Denton
6.2 Submission or d~stnbutlon of documents to meet offimal regulatory reqmrements or
for s~mdar purposes ~n connection with the Project ~s not to be construed as pubhcatlon ~n dero-
gation of the Architect's reserved rights
Agreement for Architectural Serwces - Page 6 of 12 905,
ARTICLE 7
TERMINATION, SUSPENSION OR ABANDONMENT
7 1 Architect may terminate this Agreement upon not less than thirty days written not,ce
should the Owner fall substantmlly to perform ~n accordance w~th the terms of thts Agreement
through no fault of the Architect Owner may terminate thru Agreement or any phase thereof
upon thirty (30) days prior written not~ce to the Architect w~th the understanding that
~mmedmtely upon receipt of such not~ce, all work and labor being performed under the
Agreement shall cease immediately Before the end of the thirty (30) day period, Architect shall
lnvome the Owner for all work ~t 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 dehvered to the Owner m a reasonably orgamzed form Should Owner subsequently
contract w~th a new architect for continuation of serwces on the Project, Archttect shall coop-
erate m prowdmg mformat~on
7.2 If the Project ~s suspended by the Owner for more than 30 consecutive days, the
Architect shall be compensated for servmes performed prior to not,ce of such suspension When
the Project ~s resumed, the Architect's compensation shall be eqmtably adjusted to prowde for
expenses incurred m the interruption and resumptmn of the Architect's servmes
7 3 Th~s Agreement may be terminated by the Owner upon not less than seven days
written not,ce to the Architect m the event that the Project ~s permanently abandoned If the Pro-
ject is abandoned by the Owner for more than 90 consecutive days, the Architect or the Owner
may terminate this Agreement by glwng written notme
7.4 Failure of the Owner to make payments to the Archaect in accordance w~th th~s
Agreement shall be considered substantial nonperformance and cause for termination
7 5 If the Owner fmls to make payment to Architect w~thm thirty (30) days of receipt of a
statement for servmes properly performed, the Architect may, upon seven days written notme to
the Owner, suspend performance of servmes under th~s Agreement Unless Architect receives
payment m full w~th~n seven (7) days of the date of the notme, the suspenston shall take effect
without further not~ee In the event of a suspensmn of serwces under th~s section, the Architect
shall have no habd~ty to the Owner for delay or damage caused the Owner because of such
suspensmn of servmes
7.6 In the event of term~natlon not the fault of the Architect, the Architect shall be
compensated for servmes properly performed prior to termination
Agreement for Architectural Servmes - Page 7 of 12 oo51
ARTICLE 8
MISCELLANEOUS PROVISIONS
8.1 Thts Agreement shall be governed by the laws of the State of Texas
8 2 Terms m th~s Agreement shall have the same meamng as those m AIA Document
A201, General Contht~ons of the Contract for Construction, current as of the date of th~s
Agreement
8.3 The Owner and Architect, respectively, b~nd themselves, their partners, successors,
assigns and legal representatives to the other party to th~s Agreement and to the partners, suc-
cessors, assigns and legal representatives of such other party w~th respect to all covenants of th~s
Agreement Neither Owner nor Architect shall assign th~s Agreement w~thout the written
consent of the other
8 4 Th~s Agreement represents the entire and ~ntegrated agreement between thc Owner and
Architect and supersedes all prior negotmt~ons, representations or agreements, e~ther written or
oral Th~s Agreement may be amended only by written ~nstrument signed by both Owner and
Architect
8.5 Nothing contmned tn th~s Agreement shall create a contractual relationship w~th or a
cause of actmn m favor of a third party agmnst e~ther the Owner or Architect
8.6 Unless otherwise prowded m th~s Agreement, the Architect and Architect's consultants
shall have no respons~blhty for the dtscovery, presence, handhng, removal or d~sposal of or
exposure of persons to hazardous materials m any form at the Project rote, including but not
hmlted to asbestos, asbestos products, polychlormated b~phenyl (PCB) or other toxic substances,
prowded, however, Architect shall have the respons~bd~ty to and shall report to the Owner the
location of any hazardous material that an architect of s~mdar skdl and expertise should have
notmed
8 7 Upon receipt of prior written approval of Owner, the Architect shall have the right to
~nclude representations of the design of the Project, including photographs of the exterior and
~ntenor, among the Architect's promotional and professional materials Thc Architect's materials
shall not include the Owner's confidential or proprietary mformat~on ff the Owner has previously
advised the Architect m writing of the specific mformat~on considered by the Owner to be confi-
dentrol or,proprietary The Owner shall prowde professional credit for the Archttect on the con-
structton $~gn and m the promotional materials for the Project
Agreement for Architectural Servmes - Page 8 of 12 905,
ARTICLE 9
PAYMENTS TO THE ARCHITECT
9 1 DIRECT PERSONNEL EXPENSE
9 1.1 Direct Personnel Expense is defined as the d~rect salaries of the Architect's personnel
engaged on the Project and the port,on of the cost of their mandatory and customary contr,-
buttons and benefits related thereto, such as employment taxes and other statutory employee
benefits, 1nsurance, s~ck leave, hohdays, vacations, pensions and s~m~lar contributions and
benefits
9.2 REIMBURSABLE EXPENSES
9.2.1 Reimbursable Expenses are m addition to compensation for Basic and Additional
Services and include expenses recurred by the Architect and Architect's employees and eon-
sultants m the ~nterest of the Project, as ~dent~fied m the following Clauses
9 2 1.1 Expense of transportation m connection w~th the Project, expenses m connection
w~th authorized out-of-town travel, long-distance commumcat~ons, and fees prod for securing
approval of authorities hawng jurisdiction over the Project
9.2.1.2 Expense of reproductions (except the reproduction of the sets o£ documents
referenced m Subparagraph 2 6 19), postage and handhng of Drawings, Spec~ficanons and other
documents
9.2 1.3 If authorized m advance by the Owner, expense of overtime work requiring h~gher
than regular rates
9 2 1 4 Expense of renderings, models and mock-ups requested by the Owner
9 2.1.5 Expense of computer-reded design and drafimg eqmpment t~me when used ~n
connection w~th the Project
9.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
9.3.~ Payments for Basic Services shall be made monthly and, where apphcable, shall be
m proportion to serwees performed w~thm each phase of service, on the bas~s set forth ~n
Subparagraph 10 2 2
9 3.2 If and to the extent that the t~m¢ m~t~ally estabhshed ~n Subparagraph 10 4 1 of th~s
Agreemer~t ~s exceeded or extended through no fault of the Architect, compensation for any
services rendered during the additional per~od of time shall be computed ~n the manner set forth
m Subparagraph 10 2 2
Agreement for Architectural Services - Page 9 of 12 905~
9 3.3 When compensation is based on a percentage of Construction Cost and any portions
of the Project are deleted or otherwise not constructed, compensation for those portions of the
ProJect shall be payable to the extent services are performed on those port~ons, in accordance
with the schedule set forth m Subparagraph 10 2 2 based on (1) the lowest bona fide b~d or (2) if
no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or
detailed estimate of Construction Cost for such portions of the Project
9.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
9.4.1 Payments on account of the Architect's Additional Servmes and for Reimbursable
Expenses shall be made monthly upon presentation of the Architect's statement of services
rendered or expenses incurred
9.5 PAYMENTS WITHHELD
9.5.1 No deductions shall be made from the Architect's compensation on account of
penalty, liquidated damages or other sums withheld from payments to contractors, or on account
of the cost of changes ~n the Work other than those for which the Architect ~s responsible
9 6 ARCHITECT'S ACCOUNTING RECORDS
9.6.1 Architect shall make avmlable to Owner or Owner's authorized representative
records of Reimbursable Expenses and expenses pertaining to Additional Services and services
performed on the basis of a multiple of Direct Personnel Expense for inspection and copying
during regular business hours for three years after the date of the final Certificate of Payment, or
until any litigation 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 ~n Article 2, and any other services included
in Article 11 as part of Basic Services, Basic Compensation shall be as described in Exhibit "B"
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
10.2.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3
and 1 1, other than (1) Additional ProJect Representatmn, as described in Paragraph 3 2, and (2)
Agreement for Architectural Services - Page 10 of 12 905~
services ~ncluded in Article 11 as part of Additional Servmes, but excluding services of
consultants, compensation shall be computed as according to the attached schedule of hourly
rates, refer to Schedule "C"
10.2.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, ~nclud~ng additional
structural, mechanical and elecmcal engmeenng servtces and those prowded under
Subparagraph 3 3 10 or ~dentffied ~n Article 11 as part of Additional Services, a multiple of 1 1
t~mes the amounts billed to the Archaect for such serwces
10 3 REIMBURSABLE EXPENSES
10 3.1 FOR REIMBURSABLE EXPENSES, as described ~n Paragraph 9 2, and any other
~tems ~ncluded ~n Artmle 11 as Reimbursable Expenses, a multiple of 1 1 t~mes the expenses
~ncurred by the Architect, the Architect's employees and consultants ~n the ~nterest of the Project
10.4 ADDITIONAL PROVISIONS
10.4 1 IF THE BASIC SERVICES covered by th~s agreement have not been completed
w~th~n s~x months of the date of execution hereof, through no fault of the Architect, extension of
the Architect's servmes beyond that t~me shall be compensated as prowded ~n Subparagraphs
932and1022
10.4.2 Payments are due and payable forty-five (45) days from the date of the Architect's
~nvmce Amounts for servmes properly performed which remmn unpmd s~xty (60) days after the
~nvo~ce date shall bear ~nterest at the rate of one (1%) percent per month
ARTICLE 11
OTHER CONDITIONS OR SERVICES
11.1 Architect shall maintain, at no expense to Owner, a professional habd~ty (errors and
omissions) ~nsurance pohcy placed w~th a company rated at least B+/X by Best's Key Rating
Grade, authorized to do business m Texas, ~n an amount not less than two mllhon dollars
($2,000,000) Such pohcy shall name the Owner as addmonal ~nsured and shall reqarre the
g~wng of written notice to Owner at least thirty days prior to cancellation, non-renewal or
material modfficat~on of any pohc~es, ewdenced by return receipt of Umted States Certffied
Mml Architect shall furnish Owner w~th cop~es of smd polanes or cemficates ewdencmg such
coverage
11.2 Architect agrees to ~ndemmfy, hold harmless, and defend the C~ty, at Architect's cost,
tts officers, agents, and employees from and agmnst any and all clmms or stats for ~njurtes, dam-
ages, loss, or hab~hty of whatever kind or character, arts~ng out of or ~n cormect~on w~th the
performance by the Architect of those serwces contemplated by th~s Agreement, based upon
allegations of neghgent acts or omissions of Architect, ~ts officers, agents, employees, consul-
tants and subcontractors
Agreement for Architectural Servmes - Page 11 of 12 905~
Th~s Agreement entered ~nto as of the day and year first written above
CITY OF DENTON, TEXAS SCHRICKEL, ROLLINS AND ASSOC
OWNER ARCHITECT
/
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L P~~TTORNEY
Agreement for Architectural Servtces- Page 12 of 12 905~
Exhibit "A"
SCOPE OF SERVICES
AQUATIC CENTER
City of Denton, Texas
A ProJect T~tle Aquatic Center
B Project Location North Loop 288 at FM 428 (Sherman Drive)
Northwest Corner
Denton, Texas
C ProJect Intent
The overall objective ~s to develop a conceptual plan for a 25-yard natatorium w~th
leisure play elements and an outdoor family-oriented leisure pool, along w~th
support facdlt~es to meet the aquatic needs of the commumty and school d~stnct
users In addition, a business/management plan w~ll be developed to guide
marketing, expenditure & revenue budgets, fac~hty operation and program
development
Th~s proJect ~s funded jointly between the C~ty of Denton and the Denton
Independent School D~stnct
The Consultant w~ll work closely w~th C~ty of Denton and the Denton Independent
School D~stnct throughout the process
D Total ProJect Budget $7 5 m~lhon
Program Elements
A General The Owner estabhshed the program elements as an optimum balance of
needs expressed by the c~t~zens of Denton and staff The Owner ~s aware that the
program elements may change through the design process
However, ~t ~s the Owner's ~ntent that the Consultant has the flex~b~hty and
creat~wty to prowde as many of the program elements as possible The Owner shall
cooperate w~th the Consultant to achieve a final program based on conceptual
design that meets the proJect budget
Exhibit "A"
905, Page 1
B Proposed Elements
1 Indoors
· Competitive 25 yard swimming pool
· Wheel chair access to pool for therapeutic act~wt~es
· D~wng well/warm-up pool, separated from competitive pool
· Spectator seating
· Leisure play elements, targeted at families young chddren
· Lounge seating
2 Outdoors
· Multiple water play elements, ~nclud~ng (but not hm~ted to) lazy river,
multiple shdes, interact~ve water play structures and objects, shallow-
depth pools
· Park-hke setting w~th large plaza(s), open and sheltered p~cmc
areas/seating areas, turf and/or sand "benches" for lounging, mght
act~wty hghtmg, sound amphflcat~on system, landscaping
3 Support · Staffing stations/control centers that are located to permit centrahzed
management of both the Indoor and Outdoor spaces
· Secured offices for C~ty and DISD personnel, w~th full data and phone
commumcat~ons capab~hty
· Classroom
· Restrooms/Iocker rooms, showers, changing areas and concesston
stations to serve customers ~n Indoor and Outdoor spaces
· Parking, landscaping
· Maintenance, storage
4 Other Design Considerations · Chmate-controlled indoors
· Revenue/profit-oriented
· Upscale design, must meet or exceed the commumty's emerging
Design standards
· Modular design to permit future expansion/change-out of outdoor
elements
Design Firm Scope of Serwces
A Prowde serwces for the proJect ~ncludmg
1 Concept development and concept design
2 Prehmmary construction cost estimate
Exhibit "A"
90~, Page 2
3 Bus~ness/management/market~ng plan
(Subconsultant for marketing plan shall be selected by the C~ty )
4 The Consultant may be required to attend two (2) Parks and Recreation
Board meetings, two (2) C~ty Councd meetings, and two (2) School Board
meetings
5 The Pool Design subconsultant shall attend 3 meetings w~th staff and/or
pubhc If attendance at additional meetings ~s required, the subconsultant's
hourly rate labor charges and travel expenses shall be prowded and
compensated as Additional Serwces
B Schedule of Completion
· C~ty Councd award consultant contract September 25, 2000
· Commencement of consultant contract September 26, 2000
· S~ff Workshop September 27-28, 2000
· Pubhc Input Meeting October 19, 2000
· Concept Presentation to Staff November 1,2000
· Concept Presentation to Park Board November 9, 2000
· Joint Meeting w~th C~ty Councd & School Board November 16, 2000
Exh{b{t "A"
Page 3
Exh~b,t 'B"
COMPENSATION SCHEDULE
AQUATIC CENTER
City of Denton, Texas
A BASIC SERVICES
(1) Concept Development and Schematic Design $ 65,000
(2) Prehm~nary Construction Cost Estimate $ 5,000
(3) Bus~ness/Management/Market~ng Plan $ 27,500
(4) Total Basic Services $ 97,500
B REIMBURSABLE EXPENSES
(1) Reproduction expenses for drawings, or
documents for d~stnbut~on to C~ty staff, C~ty
Councd, etc "Camera ready" original pnnts of
all documents wdl be supphed as a part of Basic
Services
Allowance (not to exceed) $ 4,000
(2) Artist's Rendenng of Schematic Design
Allowance (not to exceed) $ 5,000
(3) Travel Expenses, room and board, etc
Allowance (not to exceed) $ 5,000
(4) Total Reimbursable Expenses $ 14,000
C ADDITIONAL SERVICES
(1) Attendance at additional meetings by Pool
Design subconsultant, per d~em
(Travel expenses not ~ncluded ) $1,000 a day
Exhibit 'B'
9051 Page 1
EXHIBIT "C"
SCHEDULE OF CHARGES - 2000
BILLABLE SALARY RATE & EXPENSE CHARGES
RANGE OF BILLABLE SALARY RATE
CLASSIFICATION LOW HIGH
PRINCIPAL $125 $145
ASSOCIATE 86 120
SENIOR ENGINEER 102 115
ENGINEER III 88 100
ENGINEER I[ 65 88
ENGINEER I 55 65
DESIGNER/ENGINEER IN TRAINING g0 65
SENIOR LANDSCAPE ARCHITECT 90 115
LANDSCAPE ARCHITECT III 65 90
LANDSCAPE ARCHITECT II 55 85
LANDSCAPE ARCHITECT I 50 60
DESIGNER 43 60
SENIOR PLANNER gO 120
PLANNER 75 100
ARCHITECT 80 95
DESIGNER 70 90
SURVEY COORDINATOR §0 80
SENIOR ENGINEERING TECHNICIAN 55 68
ENGINEERING TECHNICIAN 50 68
PLANNING TECHNICIAN 48 66
PRODUCTION COORDINATOR 70 95
CAD OPERATOR/DRAFTER III 55 70
CAD OPERATOR/DRAFTER II 45 58
CAD OPERATOR/DRAFTER I 35 50
SENIOR SECRETARY 45 70
SECRETARY/WORD PROCESSOR 35 48
CLERK 27 40
OTHER SERVICES (mvmced at rate shown)
Four Man Field Party $102/hour
Three Man Field Party 92/hour
Two Man F~eld Path/ 78/hour
PRINTING SERVICES 0n house) COMPUTER PLOTTING SERVICES (m house)
BLACK iNK ON COLOR ON MYLAR FILM
SC~ FT PER ORDER BLUE LINE MYLAR SIZ~E BOND/VELLUM BOND/VELLUM OF INK PLOT
PRICE VARIES ACCORDING TO SIZE OF ORDER up to 11'xl 7 ' $10 50 $13 00 $13 50
24 x36 11 00 15 50 21 00
30 x42 12 50 22 00 27 00
6 $3 70 $10 00 oversize add 2 50/SF 3 50/SF 4 50/SF
100 25 71 139 00
101 200 0 18/S F 1 30/S F
201 300 0 14/S F 1 2S/S F
301 1000 0 13/S F 1 20/S F
1001 up 011SF 1 15/SF
OTHER DIRECT E×PgNSES
00 SPA