2011-R-67 O'Neill Conrad Oppelt ArchitectsRESOLUTION NO. 11-R-67
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXA5 AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT WITH O'NEILL CONRAD OPPELT ARCHITECTS, AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City") has determined that the City
requires professional services relating to architectural design in connection with the City's
animal control facility; and
WHEREAS, City staff has determined that O'Neill Comad Oppelt Architects is uniquely
qualified to provide such services for the City; and
WHEREAS, pursuant to Section 252.022(x)(4), the City is not required to seek bids or
proposals with respect to a procurement for personal, professional, or planning purposes; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with O'Neill Conrad Oppelt Architects pursuant to the Professional Architectural
Services Agreement attached hereto as Exhibit A (the "Agreement").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with O'Neill Conrad Oppelt Architects in substantially the form set forth
on Exhibit A, for a total contract amount of $223,759 and a possible 10% contingency, for a total
not to exceed amount of $246,135.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
50470273.1
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 20`h day of December, 2011.
ATTEST:
City Secretary
(CITY SEAL)
50470273.1
EXFIIBIT A
PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT
soa~oz~3.t A-1
PROFESSIONAL ARCHITECTURAL SERVICES FOR
PARKS AND PUBLIC FACILITY PROJECTS
This Agreement is made this the 21st day of December, 2011, between the City of
Schertz, Texas ("City"), 1400 Schertz Pazkway, Schertz, Texas 78154 and O'Neill Conrad
Oppelt Architects ("Architect"), 114 E. Cevallos, San Antonio, Texas 78204 for the provision of
professional architectural services (the "Services") in connection with the Additions and
Renovations to the City's Anneal Control Center (the "Project").
The City and the Architect agree as follows:
ARTICLE 1
ARCHITECT'S SERVICES AND RESPONSIBILITIES
1.0 STANDARDS OF PERFORMANCE
1.0.1 Architect will be responsible for the proper, accurate and adequate design, analysis and
preparation of reports, plans, specifications and other construction contract documents and for
projecUconstruction administration for the Project. The Project generally includes: Additions &
Renovations to the existing Animal Control Building to add Animal Adoption, as more
specifically described in Exhibit 1.
1.0.2 The Architect's Basic Services consist of the services described in Sections 1.0 through
1.4 and will be performed by the Architect as well as through the following consulting
disciplines as subcontractors to the Architect:
(1) Civil Engineering-FordEngineering
(2) Structural Engineering -Alpha Engineering
(3) MEP Engineering - DBR Engineering
(4) Architectural Design Consultant -Larry Connolly, AIA
(5) Geotechnical Engineering -Raba Kistner Consultants
(6) Landscape Architecture -Cooper, Lochte Landscape Architects
(7) ADA Review & Inspection -Accessibility Unlimited
1.0.3 The performance of all services by the Architect in connection with this Agreement will
be by persons appropriately licensed or registered under State, local and Federal laws governing
their respective consulting disciplines and applicable to the Project. In performing all services
under this Agreement, the Architect will use that degree of caze and skill ordinarily exercised for
similaz projects by professional Architects who possess special expertise in the types of services
involved under this Agreement.
1.0.4 No work under this Agreement will be subcontracted by the Architect (including as
described in Section 1.0.2.) without prior written approval from the City. Any work or services
subcontracted under this Agreement will be specified by separate written Agreement and will be
subject to each provision of this Agreement.
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1.0.5 Any provisions in this Agreement pertaining to the City's review, approval and/or
acceptance of written materials prepared by the Architect and/or its subconsultants, contractors,
and subcontractors in connection with this Agreement will not diminish the Architect's
responsibility for such materials:
1.0.6 The Architect will perform all of its services in coordination with the City. The Architect
will advise the City of data and information the Architect needs to perform its services, and the
Architect will meet with City representatives at mutually convenient times to assemble this data
and information.
1.0.7 Mark Oppelt is the Architect's Project Representative assigned to this Project. The
Architect will not substitute another representative for this Project unless approved in writing by
the City in advance of such proposed substitution. In the event the City and the Architect cannot
agree to the substitution of the Project Representative, the City may terminate this Agreement in
accordance with Article 8.
1.0.8 Articles 1.1 through 1.4 below describe the "Basic Services" of the Agreement.
1.1 TASK 1-PROJECT MANAGEMENT
The Architect will:
1.1.1 Assemble a Project team comprised of the City's representatives and the Architect's
representatives. The Architect will meet with the Project team to set the production schedule and
parameters for all subsequent work, to verify the components within which all Project
participants must perform, and to identify all parties and significant deadlines involved in the
comprehensive schedule strategy. Based on this information, the Architect will prepare a
detailed schedule of its work for the Project addressing each component of the work to be done,
indicating the points of involvement of all Project participants.
1.1.2 Assist the City in connection with the City's responsibility for filing documents required
for the approval of governmental authorities having jurisdiction over the Project.
1.1.3 Perform general administrative duties associated with the Project, to include
monitoring/reporting, agendas/minutes, scheduling, .general correspondence, office
administration, and invoicing. The Architect will prepare and submit monthly progress reports
and invoices to the City for review and approval.
1.1.4 Maintain an "issues list" identifying the date the Project-related issues become known,
the person(s) responsible for solution(s), date solution(s) will be provided, and fmal resolution of
the issue.
1.1.5 Participate in meetings with the City to include:
a) One initial kickoff meeting; and
b) No less than two progress meeting per month.
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1.1.6 Meet with the City's Project Engineer/Project Team periodically or as needed to update
the City on the progress of work.
1.1.7 Head the Project team and coordinate the integration of preliminary design issues,
surveying, right of way issues, traffic control issues, utility engineering issues, ADA compliance,
permitting, and other services as previously approved and as applicable to the preliminary
design phase.
1.1.8 Prepare preliminary design documents based on approved design development
information and any further adjustments authorized by the City in the scope, quality or budget of
the Project.
1.1.9 Use its best professional judgment to create preliminary design documents that comply
with applicable construction and development codes, local regulations and ordinances and other
federal and state regulations which are known or which should reasonably be known to the
Architect including, as applicable, those regulations required under the ADA and Article 9102,
Texas Revised Civil Statutes, as amended Architectural Barriers Act. In the event the ADA and
ABA requirements aze applicable to the Project, the Architect will be responsible for notifying
the City of requirements of the ADA and Architectural Barriers Act and any other requirements
by the Texas Department of Licensing and Regulation.
1.1.10 Ensure that no reports, maps, or other documents produced in whole or in part under this
Agreement will be the subject of an application for copyright by or on behalf of the Architect or
any subcontractor of the Architect.
1.2 TASK 2 -PRELIMINARY DESIGN & SURVEY
The Architect will:
1.2.1 Conduct meetings with the City as needed for City's approval and other interested parties
to review progress on the Project. The Architect will prepare meeting agendas for each meeting
and distribute meeting minutes within five calendar days after each meeting.
1.2.2 Survevina. Provide boundary, topographic, and construction surveying including, but not
limited to:
a) Contacting Dig-Tess utility locating service to have underground utilities marked and
labeled and surveyed;
b) Establishing Project control for topographio, boundary, and future construction layout
surveys;
c) Locating all above ground planimeh~ic features, including, but not limited to edges of
asphalt and/or concrete, back of curb, culverts (flowlines of culverts and sizes),
mailboxes, driveways, sidewalks, ramps, retaining walls, signs (including sign type,
sign language or symbol, and photograph of sign), evidence of underground utilities
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(including manholes (and invert elevations), valves, etc), fences (including type),
trees (8" diameter or greater) and other pertinent features affecting design;
d) Data reduction and prepazation of triangulation network for contouring;
e) CAD drawing prepazation in Microstation V 8 format;
f) Topographic survey, including the City right-of--way and 20 feet behind the right-of-
way; and
g) Cross-sections at 50' intervals, including project centerline, striping, edge of
pavement, top of curb (front and back), top of ditch, ditch flowline, right-of--way,
signage and other pertinent features.
1.2.3 Provide three (3) hard copies of the Preliminary Report to the City for review and
comment, as well as digital copies in Word and PDF format. The Report will:
a) Identify issues and constraints;
b) Develop alternatives and cost estimates for each alternative;
c) Provide recommendations; and
d) Include schematic design of preferred alternative.
1.2.4 Provide three (3) hard copies of a Final Preliminary Design Report that incorporates City
comments from the Preliminary Report, as well as digital copies in Word and PDF format
including the following items:
a) Review and evaluation of City comments;
b) Advantages and disadvantages of alternatives;
c) Decision of preferred alternative.
1.2.5 Prepaze detailed contract documents for the Project to include general drawings; plan
view drawings; a title sheet; location and vicinity maps; legend and abbreviation sheets; special
and standard Project details; site plans; survey control layout and survey data; index to drawings,
General Construction Requirements and Notes, traffic control plan, lighting plan, signage and
pavement marking plan, erosion control plan, and other pertinent information necessary for the
Project to be accurately bid and efficiently constructed. The Architect will review standard
details, and modify details as necessary to meet project-specific requirements, and include
modifications in the plan drawings. The Architect will prepare detailed drawings to include any
details necessary for the construction contractor to complete the Project.
1.2.6 Prepare construction drawings that meet the following requirements:
a) `D' size plans (24 inch x 36 inch);
b) Plan drawings at 1 inch = 8' feet horizontal; and
c) Plan view drawings with the location of pertinent data, along with existing structures,
trees, utilities, rights-of--way, property lines, tax lot identification numbers, addresses,
and easements will be shown as applicable.
d) Project Manual (outline specification)
1.2.7 Prepare and submit all paperwork necessayy for the City to obtain all applicable permits
and approvals from the appropriate agencies affected by the Project prior to construction.
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1.2.8 Prepare specifications to include the bid document in Word format, special provisions,
and technical specifications.
1.2.9 Provide the following deliverables for Task 1.2:
a) Preliminary Report;
b) Technical Memorandum;
1.2.10 Notify City's Owner's Representative of any conflicts or potential conflicts with
proposed design with existing structures, proposed utilities, right-of--way, and encroachments
that would delay construction.
1.2.11 The Architect will accomplish the work for this Task within the following number of
calendar days. The review period by the City is exclusive and in addition to the time
below.
a. Preliminary Design Drawings - 30 days
1.3 TASK 3 -DESIGN DEVELOPMENT & FINAL DESIGN
This task includes the preparation of plans, specifications for insertion into bid-ready
contract documents and a fmal construction cost estimate. The Architect will:
1.3.1 Provide design plan view sheets, design standard details and design specifications at
100%.
13.2 Assist the City in the preparation of construction contract documents using City forms
based on the approved design development documents and any further adjustments authorized by
the City in the scope, quality or budget of the Project. The Architect will use its best professional
judgment to create technical documents that comply with applicable construction and
development codes, local regulations and ordinances and other federal and state regulations
which-are known or which should reasonably be known to the Architect.
1.3.3 Head the Project team and coordinate the integration of data collection, design,
surveying, right of way issues, traffic control, utility engineering, permitting and other services
as previously approved.
1.3.4 Conduct meetings with the City and other interested parties periodically or as needed to
review and update the City on the progress on the Project. During fmal design, progress
meetings will be held monthly. The Architect will prepare meeting agendas for each meeting
and distribute meeting minutes within five calendar days of each meeting. The Architect will
present Final design to City Council for their approval.
1.3.5 Provide a total of three sets of constmction drawings to the City; one set will be full-size
drawings and two sets will be half-size drawings. The Architect will provide three digital copies
of the construction drawings and technical specifications in PDF and CAD on compact disc (CD)
media.
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1.3.6 Ensure that no reports, maps, or other documents produced in whole or in part under this
Agreement will be the subject of an application for copyright by or on behalf of the Architect.
1.3.7 Obtain approval from the Owner's Representative of all technical plans, specifications,
and estimates (PS&E) necessary for successful completion of the Project prior to allowing the
construction contract to be let for bid.
1.3.8 Provide the following deliverables for this Task:
a) Two reproducible documents, one in Pdf format and one in .dwg format, and three
copies of all PS&E. All plans will be ledger size. All scalable plans will have a
graphic scale-bar on each individual sheet;
b) One reproducible document in Word format and three copies of the completed fmal
Bid Items and Project Manual;
c) Provide a fmal cost estimate to the City in Pdf and Word or Excel format;
d) Design plan view sheets, design standazd details and design specifications at 100
complete; and
e) All design documents, including all master CAD design files, sheet files, calculation
files (including hand calculations, spreadsheet calculations, drainage inputloutput,
quantities, etc) and any other documentation related to the Project design. The
Architect will supply these documents in electronic format.
t) Provide documents and attend a review conference at the following milestones:
a. 30% Design Drawings
b. 60% Design Drawings
c. 95% Design Drawings and Project Manual.
1.4 TASK 4 -BIDDING AND CONSTRUCTION ADMINISTRATION
The Construction phase of the Project will commence with the award of the construction
contract and will terminate when the Project is accepted by the City. The Architect will:
Biddine
1.4.1 Assist the City in the distribution of the bid documents to prospective bidders and the
issuance of addenda (if any) following the City's prior approval.
1.4.2 Assist the City in obtaining bids, tabulating bids, prepazing bid tabulation forms, and in
awarding the contract for construction following the City's approval of the construction contract
documents and of the latest detailed final cost estimate of the Project.
1.4.3 Assist the City in the issuance of addenda (if any), and in conducting the pre-bid
conference with potential bidders. During the pre-bid conference, the Architect will describe the
scope of work, answer pertinent questions of potential bidders and City staff, address requests for
additional information and make all necessary clarifications and interpretations of the
construction contract documents.
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1.4.4 Assist the City in reviewing all bids, the Statement of Bidder's Qualifications, fmancial
statements of bidders, lists of bidders' proposed subcontractors, and all other documents required
to be submitted with the bids for responsiveness and for bid amount. Architect will also verify
through reasonable investigation the fmancial and performance history documentation submitted
by the low bidder and second low bidder, and their references. The .City will provide copies of
all of the bid documents to the Architect within one day from the date of receipt of bids and the
Architect will prepare a report of its review and evaluation, and include a written
recommendation for award within ten calendar days of receipt of the bid documents of the
contract for construction, or other action as may be appropriate. The City will make the final
decision on the award of the construction contract and the acceptance or rejection of bids. The
Architect will provide technical (but not legal) advice in bid protest situations. It is assumed that
this Project will be bid as one Project and neither party anticipates that it will be necessary to re-
bid the Project.
1.4.5 Have no authority to issue a Notice to Proceed to any Contractor.
1.4.6 Provide the City with two half size and two full size sets of conformed construction
plans. Provide the Contractor with three half size and two full size sets of conformed
construction plans at no additional cost to the City.
Construction Administration
1.4.7 Provide administration of the construction contract as set forth in the construction
documents unless otherwise provided in this Agreement and incorporated in the construction
contract documents. Architect will not pursue a course of conduct, which might jeopardize any
of the City's rights hereunder. Minor deviations from the construction contract documents that
do not affect the validity of performance bond(s) are permitted.
1.4.8 Be a representative but not an agent of the City during the construction phase, and advise
and consult with the City and provide progress reports and advice to the City in writing; serve as
the City's direct contact in complete coordination with the City's Project Manager with the
Contractor and forward the City's instructions to the Contractor unless (1) Architect is
unavailable by telephonic communication or otherwise to issue instructions necessary for the
proper progress and acceptance of work; (2) jeopardy to life and/or properly exists; and/or (3)
lack of instructions and/or unavailability of Architect will result in, in City's opinion, harm to
City, in which case inshuctions may be forwarded directly to the Contractor by the City; have
authority to act on behalf of the City only to the extent provided herein and in the construction
contract documents unless otherwise modified by written instrument in accordance with Section
12.1. Any instructions issued directly by City to the Contractor will be promptly communicated
to the Architect if the Architect was unavailable at the time of issuance of instructions.
1.4.9 Assist the City in conducting apre-construction conference with the Contractor, members
of City's staff, representatives of affected utility providers, and federal and state agencies having
jurisdiction over the Project (including City inspectors) in order to establish construction
schedules and to identify key representatives of the parties and lines of communication. The
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Architect will be responsible for providing an agenda and for keeping accurate minutes of this
meeting. The Architect will distribute minutes to the interested parties within five calendar days
of the conference. The City will make arrangements for the location of the meeting.
1.4.10 Make on-site inspections of the Project at least weekly to ensure familiarity with the
progress and quality of the work, to determine if the work is proceeding in acceptable
conformance with the construction contract documents, and to review the work with the City's
designated representatives. On the basis of such on-site inspections by the Architect, the
Architect will keep the City informed of the progress and quality of the work through written
status reports and through meetings with the City's representative; and will also be reasonably
available to perform site visitations at the specific request of the City by the next business day
after a request is made.
1.4.11 Conduct weekly meetings with the City and other interested parties to review progress on
the Project. The Architect will present a Project working day update, submittal log, 12FI log,
Change and Field Order log. The Architect will prepare meeting agendas for each meeting and
distribute meeting minutes within five calendar days of each meeting.
1.4.12 Not have control or charge of and will not be responsible for construction means,
methods, techniques, sequences or procedures, or for safety precautions and programs in
connection with the work, for the acts or omissions of the Contractor, subcontractors or any other
persons performing any of the work, or for the failure of any of them to carry out the work in
accordance with the construction contract documents unless such acts or omissions are due to the
negligence of the Architect or are acts or omissions under the Architect's control. However,
Architect will exercise its authority on behalf of City in accordance herewith and particularly
during the construction phase so that all work performed by the Contractor results in the Project
completed in accordance with the construction contract documents, and during any phase should
the Architect become aware of the Contractor's utilization of means, methods, techniques,
sequences and/or procedures of construction which, in Architect's opinion, will not result in
completion of the Project in accordance with the construction contract documents; or which are
unsafe, Architect will immediately inform the City and will take all necessary action which the
Architect is authorized under this Agreement to take to correct the matter.
1.4.13 At all times have access to the work wherever it is in preparation or progress.
1.4.14 Determine the amounts owing to the Contractor based on its on-site professional
inspections and on evaluations of the Contractor's applications for payment including
comparisons of Contractor's monthly cost reports with its applications for payment, and will
make recommendations for payment in these amounts, as provided in the construction contract
documents, or take such other appropriate action which the Architect deems necessary.
1.4.15 Make recommendations for payment that constitute a representation by Architect to the
City, based on the Architect's on-site inspections as provided in subsection 1.4.10 and on the
data comprising the Contractor's application for payment, that the work has progressed to the
point indicated; that, to the best of the Architect's knowledge, information and belief, the quality
of the work is in acceptable conformance with the construction contract documents (subject to an
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evaluation of the work for conformance with the construction contract documents upon
substantial completion, subject to the results of any subsequent tests required by or performed
under the construction contract. documents, subject to minor variations from the construction
contract documents correctable prior to completion, and subject to any specific qualifications
stated in the Certificate for Payment); and that the Contractor is entitled to payment in the
amount certified. However, the issuance of a Certificate for Payment will not be a representation
that the Architect has made any examination to ascertain how and for what purpose the
Contractor has used the monies paid by the City.
1.4.16 Have authority to reject work which does not conform to the construction contract
documents. Whenever, in the Architect's reasonable opinion, it is necessary or advisable for the
proper implementation of the intent of the construction contract documents, and with the
approval of the City, the Architect will have authority to require special inspection or testing of
the work in accordance with the provisions of the construction contract documents, whether or
not such work is then fabricated, installed or completed. The Architect will review the work and
results of all testing laboratories as required by the construction contract documents.
1.4.17 Review and make all decisions regarding the approval or taking of other appropriate
action upon the Contractor's submittals, including but not limited to, shop drawings, product data
and samples, schedule of values and progress schedule. Such action will be taken with
reasonable promptness, but generally not to exceed 10 calendaz days or such period of time as
will not cause delay of the Project.
1.4.18 Prepaze minor changes in the plans and specifications as directed by the City; and prepare
necessary change orders in triplicate originals for approval by the City and execution in
accordance with the construction contract documents. The Architect will not issue change
orders not previously approved in writing by City, and no course of conduct on the part of
Architect or City will amend, waive or alter this provision.
1.4.19 Answer up to 100 Requests for Information ("APIs") from the Contractor, which may
include technical questions, clarifications and interpretations of the construction contract
documents.
1.4.20 Conduct professional inspections to determine the dates of substantial completion and
final completion for the Project, to evaluate the work for acceptable conformance with the
construction contract documents and in light of any subsequent tests performed as described in
Subsection 1.4.15 to verify that any minor deviations from the construction contract documents
as described in Subsection 1.4.15 have been corrected and that the reasons for any specific
qualifications in any and all previous certificates for payment as described in Subsection 1.4.15
hereof are either no longer valid or the condition(s) and/or problem(s) have been corrected; will
receive and review written warranties and related documents required by the construction
contract documents and assembled by the Contractor; will issue final certificates for payment or
take other appropriate action; and will make a written recommendation to the City regarding
City's acceptance of the Project.
1.4.21 Require the submission by the Contractor, and subcontractors performing work on the
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Project site, of periodic wage rate payment reports and, with the City's assistance, verify
compliance with federal and state wage rate requirements for the Project; and notice the City of
any noncompliance, or of the failure by the Contractor or subcontractors to make submissions.
1.4.22 Prepare, or cause the Contractor to prepaze, and submit to the City a set of reproducible
record drawings showing significant changes in the work made during the construction phase.
The Architect will submit two full-size hard copy record drawings to the City, as well as one CD
containing electronic copies in PDF and .dwg formats.
1.4.23 Ensure that all notices and signs required and provided by the City aze posted in the
appropriate locations at the Project site by the Contractor.
1.4.24 Conduct final inspection with the City and prepaze a punch list prior to fmal acceptance
by the City.
1.4.25 Prior to the end of the one year warranty period, review the completed Project with the
City and the Contractor and have all deficient items corrected. (The extent of the duties,
responsibilities and limitations of authority of the Architect as the City's representative during
construction will not be modified or extended after the construction contract documents have
been authorized by the City to be competitively bid without written consent of the City and the
Architect and with notice to the Contractor.)
1.5 ADDITIONAL SERVICES/CHANGE IN SERVICES
1.5.1 The City may duect the Architect to perform services outside of the scope of the Basic
Services described in Sections 1.1 through 1.4 above. The Architect will submit a written
estimate of fees to the City and obtain the City's authorization before initiating any additional
services.
1.5.2 Each material change (deletion or addition) in the Basic Services to be provided by
Architect must be authorized by the City on the Authorization of Change in Services form
attached to this Agreement as Attachment A. Compensation for additional services will be in
addition to that specified for Basic Services in accordance with Article 15 of this Agreement.
The approval of the City's governing body is necessary for all additional services the
compensation for which exceeds $50,000.00.
ARTICLE 2
THE CITY'S RESPONSIBILITIES
The City will:
2.1 Provide full information to the Architect regarding the City's requirements for the
Architect's services under this Agreement. The City will furnish the Architect with copies of
data and information in the City's possession needed by the Architect at the Architect's request.
2.2 Designate Phil Gaudreau as the City's Owner Representative and authorized
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representative to act on the City's behalf with respect to this Agreement. The City will examine
the documents and information submitted by the Architect and promptly render responses to the
Architect on issues requiring a decision by the City.
2.3 Provide access to and make all necessary provisions for the Architect to enter public and
private property as required for the Architect to perform its services under this Agreement.
ARTICLE 3
CONSTRUCTION COST
3.1 DEFINITION
3.1.1 The construction cost will be the total cost or estimated cost to the City of all elements of
the Project designed or specified by the Architect and approved by the City.
3.1.2 The construction cost will include at current market rates, including a reasonable
allowance for overhead and profit, the cost of any equipment which has been designed, specified,
selected or specially provided for by the Architect, except that used materials and equipment will
be included as if purchased new for the Project.
3.1.3 Construction cost does not include the compensation of the Architect and the Architect's
consultants and subcontractors, or other costs which are the responsibilities of the City as
provided in Article 2.
3.2 RESPONSIBILITY FOR CONSTRUCTION COST
3.2.1 Evaluations of the City's Project budget and detailed cost estimates, if any, prepared by
the Architect, will represent the Architect's best judgment as a design professional familiar with
the construction industry.
3.2.2 A fixed limit of construction cost for this Project will be established by the City's Owner
Representative after consulting with the Architect. The Architect will be permitted to include
resonable contingencies for design, bidding price escalation, to determine what materials,
equipment, and Types of construction are to be included in the construction contract documents,
to make reasonable adjustments in the scope of the Project and to include in the construction
contract documents alternate bids to adjust the construction cost to the fixed limit. The fixed
limit of construction cost may be increased by the City.
3.2.3 If the lowest bona fide bid exceeds the Architect's most recent approved cost estimate
established as a condition of this Agreement, the City will (1) give written approval of an
increase in such fixed limit, (2) authorize re-bidding of the Project within a reasonable time, or
(3) cooperate in revising the Project scope and quality to reduce the construction cost. During
the development of the Project through the phases described by Article 1 of this Agreement and
prior to the City's fmal approval of construction contract documents, the Architect will monitor
the established probable construction cost in relation to the established fixed limit.
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If necessary, the Architect will implement construction cost savings measures or
otherwise endeavor to limit probable construction cost to the level of available funds set by the
City.
ARTICLE 4
REIMBURSABLE EXPENSES
4.1 Reimbursable expenses, including such things as expenses for plotting, reproduction of
documents, auto travel mileage, delivery charges, long distance communications, freight, and
state accessibility review are included in the Architect's basic services compensation.
ARTICLE 5
PAYIVIENTS TO THE ARCHITECT
5.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
Payments for Basic Services will be made to Architect monthly following receipt by City of
Architect's invoices and appropriate payment requisitions and supporting data. The amounts of
these invoices will be based upon the extent of work completed by the Architect on an hourly
basis within each phase of services, in accordance with Article 15 of this Agreement, less any
disputed amounts, pending resolution thereof.
5.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
Payments on account of the Architect's Additional Services as defined in Section 1.5 will be
made monthly upon presentation of the Architect's statement of services rendered or expenses
incurred, less any disputed amounts, pending resolution thereof and an Authorization of Change
in Services form executed by the Architect and the City.
ARTICLE 6
ARCHITECT'S RECORDS
6.1 The Architect will keep all of its expense records on a recognized accounting basis
acceptable to the City and such records will be available to the City at mutually convenient
times. Provide copies of receipts for goods or services acquired.
6.2 The City, its auditors, federal auditors, and state agencies that have monitoring or
auditing responsibilities for this Agreement will have access to any books, documents, papers
and records of the Architect which are directly pertinent to this Agreement for the purpose of
making audit, examination, excerpts, copying and transcriptions.
6.3 The Architect will furnish to the City at such time and in such form as the City may
require, fmancial statements including audited financial statements, records, reports, data and
information, as the City may request pertaining to the matters covered by this Agreement.
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ARTICLE 7
OWNERSHIP AND USE OF DOCUMENTS
7.1 All documents prepared by Architect in connection with this Agreement are the property
of the City whether the Project provided for in this Agreement is executed or not. City agrees
such documents are not intended or represented to be suitable for reuse for another project by
City or others. Any such reuse by City or those who obtained said documents from City without
written verification or adaptation by the Architect will be without liability or legal exposure to
the Architect.
7.2 The Architect will retain all of its records and supporting documentation relating to this
Agreement, and not delivered to the City, for a period of three years except, in the event that the
Architect goes out of business during that period it will turn over, to the City, all of its records
relating to the Project for retention by the City.
ARTICLE 8
TERM; TERMINATION OF AGREEMENT
8.1 The term of this Agreement begins on the effective date established in the first pazagraph
of the Agreement and will end upon the Architect's completion, and the City's acceptance of all
services described in this Agreement unless this Agreement is terminated under Sections 8.2 or
8.3 below. The Project must be completed within 36 months. The terms of this Agreement will
remain in full force and effect and the Architect is responsible for all work included in this
Agreement until the associated construction Project has been completed by the Contractor and
accepted by the City except for the work detailed in Subsection 1.4.25 of this Agreement. The
Architect's responsibility for work included in Subsection 1.4.25 will survive the expiration of
this Agreement until such time that the specified warranty period for this Project is complete in
accordance with the construction contract.
8.2 This Agreement may be terminated by either party upon 15 calendar days prior written
notice should the other party fail substantially to perform in accordance with its terms through no
fault of the party initiating the termination.
8.3 This Agreement may be terminated at will by the City upon at least 15 calendaz days
prior written notice to the Architect.
8.4 In the event of termination as provided in this Article, the Architect will be compensated
for all services performed to termination date which aze deemed by the City to be in accordance
with this Agreement. This amount will be paid by the City upon the Architect's delivering to the
City all information and materials developed or accumulated by the Architect in performing the
services described in this Agreement, whether completed or in progress. The expense of
reproduction of these items will be borne by the City.
8.5 The Architect will accomplish the work for the tasks outlined in Articles 1.1 through 1.4
above within the following number of calendar days. The review period by the City is exclusive
and in addition to the time below.
City ofScheriz Professional Services Agreement
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a. Task 1 Project Management -complete
b. Task 2 Preliminary Design - 30 days
c. Task 3 30% Design Drawings - 30 days
d. 60% Design Drawings - 30 days
e. 95% Design Drawings and Project Manual. - 30 days
f. Complete Final Contract Documents-10 days
g. Task 4 Bidding and Negotiation - 45 days
h. Construction Administration - to be determined
ARTICLE 9
INDEMNITY
9.1 The Architect will indemnify, hold harmless and defend the City and its employees,
agents, officers and servants from any and all lawsuits, claims, demands and causes of action of
any kind arising from the negligent or intentional acts or omissions of the Architect, its officers,
employees, subcontractors or agents. This will include, but not be limited to, the amounts of
judgments, penalties, interest, court costs, reasonable legal fees, and all other expenses incurred
by the City arising in favor of any party, including the amounts of any damages or awards
resulting from claims demands and causes of action for personal injuries, death or damages to
property alleged or actual infringement of patents, copyrights, and trademarks and without
limitation by enumeration, all other claims, demands, or causes of action of every character
occurring, resulting, or arising from any negligent or intentional wrongful act, error or omission
of the Architect and/or its officer's and/or its agents and/or employees and/or its subcontractors.
This obligation by Architect will not be limited by reason of the specification of any particular
insurance coverage in this Agreement.
9.2 The Architect will procure and maintain at Architect's expense insurance with insurance
companies authorized to do business in the State of Texas, covering all operations under this
Agreement, whether performed by Architect or Architect's agents, subcontractors or employees.
Before commencing the work the Architect will furnish to the City a certificate or certificates in
form satisfactory to the City, showing that Architect has complied with this paragraph. All
certificates will provide that the policy will not be changed or canceled until at least 30 calendar
days written notice will have been given to the City. Commercial general liability insurance and
motor vehicle insurance will be written with the City as an additional insured and will be
endorsed to provide a waiver of the carrier's right of subrogation against the City. The kinds and
amounts of insurance required are as follows:
Workers' Compensation Insurance: In accordance with the provisions of the Workers'
Compensation Act of the State of Texas.
Liability Insurance: (1) Commercial general $1,000,000.00 liability insurance with a
combined single limit of $500,000 for each occurrence and $500,000.00 in the aggregate, (2)
Motor Vehicle liability insurance in an amount not less than $250,000.00 for injuries to any one
person, $500,000 on account of any one accident and in an amount of not less than $250,000.00
for property damage and (3) professional liability coverage to cover lawful claims arising in
City ofSchertz Professional Services Agreement
Additions & Renovations to Animal Control Facility
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connection with this Project in the combined single limit amount of at least $1,000,000.00.
The stated limits of insurance required by this Paragraph are minimum only-they do not
limit the Architect's indemnity obligation, and it will be the Architect's responsibility to
determine what limits are adequate. These limits may be basic policy limits or any combination
of basic limits and umbrella limits. The City's acceptance of Certificates of Insurance that do
not comply with these requirements in any respect does not release the Architect from
compliance with these requirements.
ARTICLE 10
NIISCELLANEOUS PROVISIONS
10.1 This Agreement is governed by and will be construed under the laws of the State of
Texas. All obligations of both parties are performable and exclusive venue for any dispute
arising under this Agreement is in Guadalupe County, Texas.
10.2 As to all acts or failures to act by either party to this Agreement, any applicable statute of
limitations will commence to run and any alleged cause of action will be deemed to have accrued
when the party commencing the cause of action knew or should have known of the existence of
the subject act(s) or failure(s) to act.
10.3 The Architect will not use funds received by it directly or indirectly under the terms of
this Agreement for any partisan political activity or to further the election or defeat of any
candidate for public office.
10.4 The Architect hereby affirms that Architect and Architect's firm have not made or agreed
to make any valuable gift whether in the form of service, loan, thing, or promise to any person or
any of his/her immediate family, having the duty to recommend, the right to vote upon, or any
other direct influence on the selection of Architects to provide professional services to the City
within the two years preceding the execution of this Agreement. A campaign contribution, as
defined by the Texas Election Code or the Schertz City Code will not be considered as a valuable
gift for the purposes of this Agreement.
10.5 In performing the services required under this Agreement, the Architect will not
discriminate against any person on the basis of race, color, religion, sex, national origin, age,
disability or ancestry. The Architect agrees not to engage in employment practices which have
the purpose or effect of discriminating against employees or prospective employees because of
race, color, sex, religion, national origin, age, disability or ancestry. A breach of this covenant
may be regarded as a default by the Architect of this Agreement.
10.6 All references in this Agreement to any particular gender are for convenience only and
will be construed and interpreted to be of the appropriate gender. The term "will" is mandatory
in this Agreement.
10.7 Should any provision in this Agreement be found or deemed to be invalid, this
Agreement will be construed as not containing the provision and all other provisions which are
City oJScheriz Professional Servires Agreement
Additions & Renovations to Animal ConlralFacility
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otherwise lawful will remain in full force and effect, and to this end the provisions of this
Agreement are declared to be severable.
10.8 All services provided pursuant to this Agreement are for the exclusive use and benefit of
the City.
10.9 In performing all services under this Agreement, the Architect, its subcontractors agents,
successors and assigns will comply with all local, state and federal laws.
10.10 The City's execution of and performance under this Agreement will not act as a waiver
by the City of any immunity from suit or liability to which it is entitled under applicable law.
The parties acknowledge that the City, in executing and performing this Agreement, is a
governmental entity acting in a governmental capacity.
10.11 The City of Schertz is governed by the Texas Public Information Act (the "Act"),
Chapter 552 of the Texas Govenunent Code. This Agreement and all written information
generated under this Agreement maybe subject to release under the Act. The Architect will not
make any reports, information, data, etc. generated under this Agreement available to any
individual or organization without the prior written approval of the City.
10.12 The captions or headings included in this Agreement are for convenience only and hi no
way define, limit or describe the scope or intent of any provisions, articles, or sections of this
Agreement.
10.13 In the event that the performance by either the City or the Architect of any of its
obligations under this Agreement is interrupted or delayed by events outside of their control such
as acts of God, waz•, riot or civil commotion, then the party is excused from such performance for
the period of time reasonably necessary to remedy the effects of such events.
10.14 In the event of a default or breach of this Agreement by the Architect, the City reserves
the right to choose among the remedies for the default or breach available to the City. These
remedies may be used in conjunction with one another or separately, and together with any other
statutory or common law remedies available to the City. Any failure by the City to enforce this
Agreement with respect to one or more defaults by the Architect will not waive the City's ability
to enforce the Agreement after that time.
10.15 All services provided pursuant to this Agreement are for the exclusive use and benefit of
the City and the Agreement will not give rise to any rights in third parties.
10.16 If applicable, the Architect will pay all license fees, royalties and other costs incident to
the use of any invention, design, process, product or device subject to a patent right or copyright
held by others in performing the work or in the completed Project.
10.17 It is expressly agreed that the Architect is an independent contractor and not an
employee, agent, partner or joint venturer with the City. The Architect will not pledge or attempt
to pledge the credit of the City.
City oJScheriz Professional Services Agreemen(
Additions & Renovations m Animal Control Facility
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10.18 It is the City's intent to be proactive with regard to the environment. The City
encourages "Value Purchasing" of environmentally friendly products. The Architect is
encouraged to identify green solutions in performing any services under the Agreement, as
appropriate.
ARTICLE 11
SUCCESSORS AND ASSIGNS
11.1 The City and the Architect, respectively, bind themselves, their partners, successors,
assigns and legal representatives to the other party to this Agreement and to the partners,
successors, assigns and legal representatives of such other party with respect to all covenants of
this Agreement. The City and the Architect will not assign, sublet or transfer any interest in this
Agreement without the prior written consent of the other.
11.2 The Architect will notify the City, in writing, of any change in its partnership/ownership
within 30 calendar days of such change.
ARTICLE 12
EXTENT OF AGREEMENT
12.1 This Agreement, including appendices and referenced attachments represents the entire
and integrated Agreement between the City and the Architect relating to the subject matter
hereof and supersedes all prior proposals, negotiations, representations or agreements either
written or oral between the parties. In the event of a dispute between the City and Architect
regarding the intent of this Agreement, both parties agree that this Agreement will be construed
in a manner consistent with the City's Request for Proposals, the Architect's proposal response
and the public record of the City Council's approval of this agreement as applicable, a copy of all
of which are attached hereto. The Architect's expenses for travel, office, production and other
expenses associated directly or indirectly with this Agreement are included as part of the
Architect's total fee. This Agreement may be amended only by written instrument which must
be signed by both the City and the Architect. Any such authorization of change in services or
amendment must be approved by the City's governing body unless the compensation for which
does not exceed $50,000.00.
12.2 Any exhibits and/or attachments attached to this Agreement are incorporated by reference
into this Agreement as though included verbatim herein.
12.3 In the event of any conflict between the Agreement and the provisions of any exhibit or
attachment to this Agreement, this Agreement will govern and control.
ARTICLE 13
City oJSclieriz ProjessionalServices Agreemen!
Ad1dilions & Renovations ro Animal Control Facility
Page 17 oJ21
OTHER DUTIES AS SET FORTH IN THE CONSTRUCTION DOCUMENTS
13.1 Architect will have such other duties and responsibilities and limitations of authority as
agreed to by Architect in writing and as are set forth in the construction contract documents for
the Project. However in the event of conflict, dispute, or discrepancy between the provisions of
this Agreement and the construction contract documents, the more restrictive and/or burdensome
with respect to the Architect's role and responsibility will govern and control.
ARTICLE 14
NOTICES
14.1 Notices required under this Agreement will be provided by the parties to one another by
certified mail, return receipt requested, or by confirmed facsimile transmission, to the following
addresses:
To the City:
John C. Kessel
City Manager
City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
Fax: 210-619-1169
To the Architect:
Mark Oppelt
OCO Architects
114 E. Cevallos
San Antonio, TX 78213
Fax:210-829-1730
ARTICLE 15
BASIS OF COMPENSATION
15.1 The City will compensate the Architect, in accordance with Article 5, Payments to the
Architect, and the other terms and conditions of this Agreement, as follows:
15.2 The total of all fees and expenses to be paid to the Architect for Basic Services as
described in Sections 1.1 through 1.4 will not exceed $223, 757. This compensation is divided
among the Basic Services and Reimbursable Expenses as follows:
1.1 TASK 1-PROJECT MANAGEMENT $ 6,639.00
1.2 TASK 2 -PRELIMINARY DESIGN $ 35,761.00
1.3 TASK 3 -DEVELOPMENT & FINAL DESIGN $113,323.00
1.4 TASK 4 -BIDDING AND CONSTRUCTION
ADMINISTRATION $ 52,774.00
TOTAL FEE: $ 208,497.00
Reimbursable Expenses (not to exceed) $ 15,262.00
15.3 Compensation for Basic Services and for Additional Services of the Architect will be
computed based on the Architect's standard hourly rates:
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Page 18 oJll
Principal $ 180.00
Project Architect $ 95.00
Owner's Representative $ 95.00
Staff Architect $ 80.00
Architectural Intem 2 $ 70.00
Architectural Intern 1 $ 60.00
Construction Administrator $ 65.00
Accounting $ 60.00
Project Administrator $ 70.00
Graphic Design $ 50.00
Clerical $ 45.00
Each of the persons executing this Agreement represents that he or she has full power and
authority to execute this Agreement on behalf of the party that person represents. This
Agreement will be effective as of the day and year established in the first paragraph of this
Agreement.
CITY OF SCHERTZ
O'NEILL CONRAD OPPELT ARCHITECTS
By:
John C, ssel, Manager
Date: ~ ~I ~~ ( ~
Attachments:
City ojScheriz Projessiona(Services Agreement
Additions & Renovations m Animal Control Facility
BGy~iZi2~
Mark Oppelt, P • i nt
Date: December 20, 2011
Attest:
By:
Karen Kleiwer, Controller
Date:
Notany Public:
(Title)
Page 19 of 2l
Principal $180.00
Project Architect $ 95.00
Owner's Representative $ 95.00
Staff Architect $ 80.00
Architechual Intern 2 $ 70.00
Architectural Intern I $ 60.00
Conshvction Administrator $ 65.00
Accounting $ 60.00
Project Administrator $ 70.00
Graphic Design $ 50.00
Clerical $ 45.00
Each of the persons executing this Agreement represents that he or she has full power and
authority to execute this Agreement on behalf of the party that person represents. This
Agreement will be effective as of the day and yeat• established in the first paragraph of this
Agreement.
CITY OI' SCHEItCZ O'NEILL CONRAD OPPELT ARCHITECTS
John C. Kesel, City Manager Mark Oppelt, • s ant
Date: December 20, 2011
Attest:
Karen eiwer, Controller
Date: /~ lap~i~
Notary Public:
(Tf/le) KAREN KLIEWER
My Commlaslon E~ryirea
January 27, 2016
Attachluents:
City oJSc/reriz Projesslannl Services dgreemeur
dAd!/ions & Reuovnllons mAnlmnl Conhal Fncll/p~
Pnge /9 oJ2/
Exhibit 1 -Approving City Resolution
City ofSchertz Professions! Services Agreement
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Page 20 of 27
ATTACHMENT A
AUTHORIZATION OF CHANGE IN SERVICES
SCHERTZ,TEXAS
PROJECT: Architectural Services for Project
ARCHITECT: O'Neill Conrad Oppelt Architects
AUTHORIZATION NO:
ORIGINAL CONTRACT DATE:
DATE OF CHANGE:
WORK TO BE ADDED TO OR DELETED FROM SCOPE OF SERVICES
Previous contract amount:
Net increase/decrease in contract amount:
Revised contract amount:
Requested by:
[Architect:]
By:
Printed name, title
Approved by:
By:
John C. Kessel, City Manager
City ofScheriz Professional Services Agreernenf
Additions & Renovaiians to Animol Coniral Facility
Date:
Date:
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