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HomeMy WebLinkAboutOrdinance No. 02-1417 CITY OF THE COLONY, TEXAS ORDINANCE NO. O_j~- I~ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PHELPS-WOOD ARCHITECT TO PROVIDE DESIGN STUDIES AND COST ESTIMATES FOR VARIOUS OPTIONS RELATING TO FUTURE USES OF THE OLD LIBRARY, SENIOR CENTER AND POLICE/COURTS BUILDING; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the City Manager of the City of The Colony, Texas is hereby authorized to execute on behalf of the City a contract with Phelps-Wood Architect to provide design studies and cost estimates for various options relating to future uses of the old library, senior center and police/courts building. The approved form of contract is attached hereto as Exhibit "A", and made a part hereof for such purposes. SECTION 2. This Ordinance shall take effect immediately from and after its passage by the City Council of the City of The Colony, Texas. DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 2nd day of December 2002. APPROVED: ATTEST: ~ Bernetta Henville-Shannon, Mayor Patti A. Hicks, City Secretary APPROVED AS TO FORM: dt~n I~l(el, C~ty~ttOrne~, ARCHITECTS PHELPSFaWOOD AGREEMENT made as of the Fourth (4th) day of December in the year Two Thousand Two (2002) BETWEEN the Architect's client identified as the Owner: The City of The Colony 6800 Main Street The Colony, TX 75056 And the Architect: Architects Phelps/Wood 8992 Taft Powell Road Frisco, TX 75035 For the following Project: Police Department, Senior Center, Library Remodel Studies and Estimates ARCHITECT'S RESPONSIBILITIES The services performed by the Architect, Architect's employees and Architect's consultants shall be as submitted to Mr. Dale Cheatham and as described in the attached letter and fee proposal. The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. SCHEMATIC DESIGN PHASE The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. The Architect shall review with the Owner alternative approaches to design and construction of the Project. 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 illustrating the scale and relationship of Project components. The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or similar conceptual estimating techniques. OWNER'S RESPONSIBILITIES: The Owner shall provide full information in a timely manner regarding requirements for the limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such designated 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. The Owner shall fumish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. The Owner shall fumish the services of geotechnical engineers when such services are requested by the Architect. Such services may include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. The services, information, surveys and reports required by the above shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. CONSTRUCTION COST The Construction Cost shall include the cost at current market rates of labor and materials fumished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall 2 be included for market conditions at the time of bidding and for changes in the Work. Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are the responsibility of the Owner as provided above. RESPONSIBILITY FOR CONSTRUCTION COSTS Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost and details estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices 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. No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submit the estimates to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. PAYMENTS TO THE ARCHITECT Direct Personnel Expense 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, insurance, sick leave, holidays, vacations, employee retirements plans and similar contributions. Reimbursable Expenses Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following: 1. transportation in connection with the Project, authorized out-of- town travel and subsistence, and electronic communications. 2. fees paid for securing approval of authorities having jurisdiction over the Project; 3 3. reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; 4. renderings, models and mock-up requested by the Owner. PAYMENTS ON ACCOUNT OF BASIC SERVICES Payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service. BASIC COMPENSATION Hourly, as listed in attached letter dated November 21, 2002. REIMBURSABLE EXPENSES For Reimbursable Expenses, as described above, a multiple of One and One Tenth (1.1) times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. This Agreement entered into as of the day and year written above. OWNER (Signature) ARCHITECT (Signdtur¢~,) Dale Cheatham, Ci_ty Manager Arthur V. Phelps 4 FEE PROPOSAL FOR DESIGN STUDIES AND ESTIMATES FOR CONSTRUCTION SCHEME 1 Add 3,000 to 3,500 sq.fi, to existing Senior Center to create a new Colony Arts Building. This study would have a full stage with green rooms, stage material storage and work rooms. Fee for Study to be hourly with a maximum fee of $4,500.00 SCHEME 2 Add 2,000 sq.fi, addition to Senior Center for seniors Fee for Study to be hourly with a maximum fee of $2,000.00 SCHEME 3 A. Remodel the old Library for The Colony Parks and Recreation Department Administration Offices. Remodel 750 sq.fi, of space for a multi-purpose room with the remaining space to be remodeled into the new Senior Center. B. Revise plan omitting 750 sq.ft, multi-purpose room. There will be a presentation plan and estimate for both A and B Fee for Study to be hourly with a maximum fee of $4,000.00 SCHEME 4 A. Remodel the old library for The Colony Parks and Recreation Department Administration Offices. Remodel 750 sq.fl, of space for a multi-purpose room with the remaining space to be remodeled into The Colony Arts program. There will be a Base Bid Estimate and an Alternate Estimate, which would include raising the roof system. B. Revise plan omitting 750 sq.ft, multi-purpose room. There will be a presentation plan and estimate for both A and B Fee for Study to be hourly with a maximum fee of $4,000.00 SCHEME 5 Police Station - Minor Revisions After discussions and reviewing this project with Chief Clark, and provided the scope does not change significantly: Study Fee to be hourly with a maximum fee of $1,500.00 Note: All Schemes to include one final presentation floor plan with cost estimate for construction. Should Architects Phelps/Wood be selected as architects for the Arts Building Schemes, The Senior Center Schemes, and the Police Department Scheme, all scheme fees will be waived. November 21, 2002 Mr. Dale Cheatham, City Manager Ms. Pam Nelson, Community Services Director City of The Colony 6800 Main Street The Colony, TX 75056 Re: Proposals for Building Design Studies and Estimates Dear Mr. Cheatham, As you requested, we have provided fees for Design Studies and Estimates for the following projects in The Colony, Texas: 1. Add 3,000 to 3,500 sq.ft, to the existing Senior Center and convert the facility into The Colony Arts Building with stage, green rooms, stage work area and storage. 2. Add 2,000 square feet to the existing Senior Center to expand the facility. 3. Remodel the old Library Building to include Administration Offices for The Colony Parks and Recreation Department, relocate the Senior Center and include a 750 square foot multi-purpose area. An alternate would be to omit the 750 sq.ft, multi-purpose room. 4. Remodel the old library building to include Administration Offices for The Colony Parks and Recreation Department, a 750 sq.ft, multi-purpose area, and The Colony Arts program. An alternate would be to omit the 750 sq.ft, multi-purpose room, and an alternate to raise the roof system. 5. Minor revisions to the Police Station per instructions from Chief Joseph T. Clark. A complete breakdown of these projects is attached. November 21, 2002 Mr. Dale Cheatham Ms. Pam Nelson Page 2 of 2 The proposed services are to be billed hourly with a fixed maximum as listed per project. Should Architects Phelps/Wood be selected as architects for the Art Building Schemes, the Senior Center Schemes, and the Police Department Scheme, all scheme fees will be waived. Hourly fees for Architects Phelps/Wood are as follows: · Principal's time at a rate of one hundred twenty-five dollars per hour ($125.00) · Project Architect's time at a rate of one hundred dollars per hour ($100.00) · CAD time at a rate of sixty-five dollars per hour ($65.00) · Secretary's time at a rate of thirty-five dollars per hour ($35.00) · Reimbursables will be in addition to the fees and billed at direct cost. Reimbursables will be printing of presentation material as requested by The City of the Colony, mileage for meetings at 36.5 cents per mile, and other items requested by the Owner. · The proposed fee for Schemes 1 - 5 will include and be limited to a maximum of three (3) meetings with Owner or User. Additional meetings as approved by Owner will be an hourly addition to the fee. Please call with any questions, Sincerely, Arthur V. Phelps AVP:lkm enclosures