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HomeMy WebLinkAboutContract 54952 CSC No. 54952 CITY OF FORT WORTH, TEXAS AGREEMENT FOR ARCHITECTURAL SERVICES FAR SOUTHWEST BRANCH LIBRARY This Agreement for Architectural Services (the "Agreement") is between the City of Fort Worth, a Texas home-rule municipality (the "City"), and HKS Inc., a Texas corporation, (the "Architect"), for a project generally described as: the new Far Southwest Branch Library (the "Project"). The Agreement documents shall include the following: 1. This Standard Agreement for Professional Services; 2. Attachment "A"— Scope of Services; Attachments "A", which is attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Attachments "A" and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. Article Scope of Service (1) Architect hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Far Southwest Branch Library. Nothing in Attachment "A" or any other Attachments to this Agreement shall be construed to change or modify any of the terms and conditions set forth in this Agreement. (2) If at any time in the course of the design, the City expands the scope of services, or the Architect believes the City has requested services that are beyond the scope of this Agreement, the Architect shall submit a proposal for additional fees and a written agreement shall be reached on said proposal prior to the Architect proceeding with the work considered to be beyond the scope of this Agreement. The Architect shall not perform any additional services without a written agreement with the City. Any services provided prior to reaching an agreement on additional fees will be non-compensable. (3) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Architect or its sub-consultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Architect shall not be compensated for any alleged additional work resulting from oral orders of any person. (4) The Architect shall advise the City as to the necessity of the City's providing or obtaining additional services and data from others required in connection with the Project at the City's cost and expense (which services and data the Architect is not to provide hereunder but on which the Architect may rely in performing services OFFICIAL RECORD Standard Architectural Agreement(Revised)(am) CITY SECRETARY page 1 of 13 HKS,Inc.—Far Southwest Branch Library FT.WORTH, TX November 2020 hereunder), and act as the City's representative in connection with any such services of others. (5) The Construction Budget for this project shall be $6,500.000.00. Article II Compensation (1) The Architect shall be compensated as described in Attachment "A". However the total fee paid by the City, for Phase 1 shall not exceed a total of $98,951.00, including reimbursable expenses, unless the City and the Architect mutually agree upon a fee amount for additional services and amend this Agreement accordingly. (2) Reimbursement of up to $1,500.00 expenses shall have prior approval of the City. Allowable expenses include: a. Printing Costs b. Renderings or Models for Public and City meetings c. Postage and Courier Expenses d. Travel, Mileage Only e. Other Costs with Prior Approval of the City. (3) The Architect shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Architect's invoice for payment of same. (4) Acceptance by Architect of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. (5) Upon completion, the Architect may, at its option, utilize the Project to qualify for the Energy Efficient Commercial Building Federal Tax Deduction (179D) as permitted under IRS guidelines. If requested, the Owner shall acknowledge the Architect as the "Designer" of the Project by completing an allocation form (that Architect will provide) and shall allow the Architect's independent third-party evaluation firm (and its licensed inspector) reasonable access to perform a one- time, on-sire inspection and certification of the Project's HVAC, interior lighting and/or building envelope systems. Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of duration of design and construction, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Standard Architectural Agreement(Revised)(am) Page 2 of 13 HKS, Inc.—Far Southwest Branch Library November 2020 Article IV Independent Contractor Architect shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Architect shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Architect, its officers, agents, employees, consultant, and sub-consultants, and nothing herein shall be construed as creating a partnership or joint venture between City and Architect. Article V Professional Competence and Indemnification (1) Work performed by Architect subject to reasonable skill and care shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by City shall not constitute or be deemed to be a release of the responsibility and liability of Architect or its officers, agents, employees, consultants and sub-consultants for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271 .904, the Architect shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a consultant or sub-consultant committed by the Architect or Architect's agent, Architect under contract, or another entity over which the Architect's exercises control. Article VI Procedures for Providing Architectural Services (1) The Architect agrees to commit the personnel to each assignment of the Project as appropriate in order to complete the Project in an expeditious manner. The Architect shall meet with the City's staff as required during the duration of the project. The Architect may not change key personnel without the City's written approval. (2) Programming and Schematic Design Phase: a. The Architect shall become familiar with the site and scope of the Project. b. The Architect shall consult with the City to clarify and define the City's requirements relative to the Project and review available data. c. The Architect shall become familiar with the City's document "Facilities Division DESIGN GUIDELINES for New and Existing Facilities" and incorporate into all phases of the work. Standard Architectural Agreement(Revised)(am) Page 3 of 13 HKS, Inc.—Far Southwest Branch Library November 2020 d. The Architect shall prepare a written Program Design Manual defining project goals, program, architectural concepts, site and floor plans, principal equipment, finishes and area-based cost estimates. e. The Architect shall pay for the printing of contract documents required for design submittals and presentations as a part of the reimbursable allowance. f. Architect shall not proceed to the Design Phase until the City has provided written approved of the Program Design Manual. (3) Design Phase: a. The Architect shall perform all services necessary to complete the design and secure a construction permit, including all services necessary to survey, plat, prepare and vacate easements and address any other property issues. b. The design shall include all site work, design and coordination of utilities, landscaping and facility design required for a complete and functional project. c. The Architect shall prepare presentation graphics (plans, elevations, etc.) and present at two (2) City meetings (if required) during the design of the project. d. The Architect shall prepare the design in two stages as follows: i. Design Development Phase: Preparation of architectural, civil, iSWM, structural, MEP plans, principal elevations, site plans, cartoon set, selection of principal equipment and finishes, and discipline-based opinion of probable construction costs. Upon written approval of this phase of the work, the Architect may proceed to the Construction Document Phase. ii. Construction Document Phase: Preparation of details, architectural, structural, mechanical, electrical, and plumbing plans, finishes schedules, detailed technical specifications, and detailed opinion of probable construction costs. e. Drawings at all stages of design will have the following characteristics: scale for floor plans will be 1/8" or such other scale as may be agreed to in writing for all disciplines, elevations will be at same scale as floor plans, area plans will have same scale for all disciplines, site plans for all disciplines will be at same scale. f. The Architect shall provide such service as may be necessary for the building permits to be issued. The City shall pay any fees for such Building Permits. The City or contractor shall apply for building permits. g. The Architect, at the Architect's sole cost and expense, shall engage a Consultant to prepare "Elimination of Architectural Barriers Registration" and submit the applications to the Texas Department of Licensing and Regulation (TDLR). The Architect (if required) will pay all fees required for TDLR reviews and inspections. All designs shall be in conformance with the Elimination of Architectural Barriers Act, State of Texas, and the City of Fort Worth Building Codes. Standard Architectural Agreement(Revised)(am) Page 4 of 13 HKS, Inc.—Far Southwest Branch Library November 2020 h. In the event the Project is constructed in accordance with the Architect's designs and is subsequently determined to be in non-conformance with the above Act, Codes or Texas Accessibility Standards, the City will bear the construction costs associated with enhancements. The Architect will reimburse the City for additional costs, charges or fees to replace or rework features that were constructed in accordance with the design but fail to meet applicable accessibility requirements or building codes in force at the time that the design was performed. i. The Architect shall upload the electronic files in PDF format to the City's online bidding site. (4) Bidding Phase: a. The Architect shall respond to Contractors' inquiries, prepare necessary addenda, and conduct the Pre-Proposal Conference, and participate in the General Contractor selection process. b. The Architect shall assist with evaluating the CMAR's proposed pricing and make recommendations concerning the capacity of the bidders to satisfactorily perform the contract. (5) Responsibility for Construction Cost a. The Construction Budget for the Project shall be defined by the City. b. The Architect shall review the CMAR's opinion of probable construction cost at the submission of each phase. A Construction Manager at Risk (CMAR) shall be engaged by the City to provide pre-construction and estimating services. This is currently understood to be at the end of the Programming and Schematic Development Phase. The City shall either approve the adjustment of the Construction Budget or direct the Architect to adjust the Project design, at no additional cost to the City, to stay within the previously approved Construction Budget. c. If the Construction Budget is exceeded by the lowest bona fide bid, the City may (1) award the contract, (2) abandon the project and terminate this agreement, or (3) cooperate in the reduction of the Project Scope and features as required to stay within the Construction Budget in order to rebid the Project. If the City decides to reduce the scope of the project and rebid, the Architect shall, without additional fee, modify the Drawings and Specifications as necessary to stay within the Construction Budget. In the event the City abandons the project, the City may terminate this Agreement in accordance with Article X, Termination of Contract. (6) Construction Phase: a. Architect shall assist City by approving submittals, observing construction procedures and results monthly, reviewing methods and costs associated with proposed change orders, and assisting in the resolution of construction problems. b. The Architect shall attend progress meeting at the job site, typically every other week. Standard Architectural Agreement(Revised)(am) Page 5 of 13 HKS, Inc.—Far Southwest Branch Library November 2020 c. At the completion of construction, the Architect shall conduct and document the final inspection and assist the City on the resolution of construction or design deficiencies. d. The Architect will review contractor's pay requests. e. The Architect will conduct final acceptance and end of warranty inspections with representatives of the City and issue AIA G704 Certificate of Substantial Completion with City approval. f. The Architect shall provide electronic copies of the drawings and specifications in a format acceptable to the Contractor for the Contractor's preparation of "Record Drawings"for the City's archives. g. At the end of the project, the Architect use field notes, contractor provided "Record Drawings" and other data will provide "As Built Drawings" in AutoCAD LT 2010 format or other format as determined by the City. (7) All designs, drawings, specifications, documents, and other work products of the Architect, whether in hard copy or in electronic form, are instruments of service for this Project, whether the Project is completed or not. Reuse, change, or alteration by the City or by others acting through or on behalf of the City of any such instruments of service without the written permission of the Architect will be at the City's sole risk. The City shall own the final designs, drawings, specifications and documents. Transfer of ownership of the contract documents does not constitute sale of the documents. Article VII City Responsibilities (1) Alfonso Meza will act as the City's representative with respect to the Project for the purposes of transmitting instructions, receiving information, interpreting and defining City's policies and decisions with respect to the Architect's services. (2) Provide criteria and information as to City's requirements. (3) Assist the Architect in obtaining existing studies, reports and other available data and services of others pertinent to the Project and in obtaining additional reports and data as required. (4) Upon reasonable notice arrange for access to and make all provisions for the Architect to enter upon public and private property as may be required for the Architect to perform services hereunder. (5) Review all reports, recommendations and other documents and provide written decisions pertaining thereto within a reasonable time. (6) Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by Architect, obtain advice of an attorney, insurance counselor and other architects as it deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Architect. Standard Architectural Agreement(Revised)(am) Page 6 of 13 HKS, Inc.—Far Southwest Branch Library November 2020 (7) Provide "Instructions to Offerors" and "General Conditions" for use in assembling the Project construction contract documents. (8) Prepare easements and right-of-way acquisition conveyance documents, from descriptions provided by the Architect, contact owners, negotiate for or condemn all easements and right-of-way, pay all filing and legal fees associated therewith. (9) Manage the advertisement and bidding of the project, issue addenda, distribute bid documents, award contract, and execute the contracts. (10) Administer the construction of the Project. (11) Provide inspection and management services. (12) Provide contractors' prepared field drawings to the Architect for review. (13) Pay all impact and utility fees and other fees not expressly assigned to the Architect. This includes fees charged by Oncor for new or revised service. (14) Bear all costs incident to compliance with this Article. Article VIII Insurance (1) Architect shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Architect allow any subconsultants to commence work on its subcontract until all similar insurance of the subconsultants has been so obtained and approval given by the City; provided, however, Architect may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $2,000,000 general aggregate limit Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability Insurance $1,000,000 Errors & Omissions $2,000,000 Annual Aggregate (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Architect's worker's compensation insurance policy and professional liability insurance coverage, Standard Architectural Agreement(Revised)(am) Page 7 of 13 HKS, Inc.—Far Southwest Branch Library November 2020 the City, its officers, employees and servants shall be endorsed as an additional insured on Architect's insurance policies. b. Certificates of insurance shall be delivered to the Property Management Department, Attention: Brian R. Glass, AIA, Architectural Services Manager, 401 West 13t" Street, Fort Worth, Texas 76102, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Architect's insurance. i. Architect's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Architect shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Architect's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Architect shall provide complete copies of all insurance policies required by these Agreement documents. Article IX Transfer or Assignment City and Architect each bind themselves, and their lawful successors and assigns, to this Agreement. Architect, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Standard Architectural Agreement(Revised)(am) Page 8 of 13 HKS, Inc.—Far Southwest Branch Library November 2020 Article X Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days written notice. Either the City or the Architect for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article IX, upon receipt of notice of termination, Architect shall discontinue services rendered up to the date of such termination and City shall compensate Architect based upon calculations in Article II of this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, Architects, or contractors, or prepared by Architect, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article XI Right to Audit (1) Architect agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Architect involving transactions relating to this Agreement. Architect agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Architect reasonable advance notice of intended audits. (2) Architect further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub-consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Architect and any sub-consultant reasonable advance notice of intended audit. (3) Architect and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Architect for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Standard Architectural Agreement(Revised)(am) Page 9 of 13 HKS, Inc.—Far Southwest Branch Library November 2020 Article XII Minority Business and Small Business Enterprise (MBE) (SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Architect acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Architect may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XIII Observe and Comply Architect shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Architect agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XIV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XV Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Standard Architectural Agreement(Revised)(am) Page 10 of 13 HKS, Inc.—Far Southwest Branch Library November 2020 Article XVI Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVII Immigration Nationality Act City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. Article XVIII No Boycott of Israel If Architect has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Architect acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Agreement, Architect certifies that Architect's signature provides written verification to City that Architect: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. Standard Architectural Agreement(Revised)(am) Page 11 of 13 HKS, Inc.—Far Southwest Branch Library November 2020 Article XIX Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth: Property Management Department Attn: Brian R. Glass, AIA Architectural Services Manager 401 West 13th Street Fort Worth, Texas 76102 Architect: HKS, Inc. Attn: Brent Sparks, AIA 1227 W. Magnolia Ave., Suite 200 Fort Worth, TX 76104 Article XX Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. Standard Architectural Agreement(Revised)(am) Page 12 of 13 HKS, Inc.—Far Southwest Branch Library November 2020 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and 'n?w�Gt�ALIA�O administration of this contract, including By: Dana Burghdoff(D c1,2020 ICF03CST) ensuring all performance and reporting Name: Dana Burghdoff, AICP requirements. Title: Assistant City Manager Date: Dec 1, 2020 By: 41� ' • �� Approval Recommended: Name: Brian Glass Title: Architectural Services Manager Approved as to Form and Legality: Steve ce(N v 1g,2 2015:34 CSTI By: Name: Steve Cooke Title: Director, Property Management Dept. t� By: trong(Nov 30,202017: ST) Attest: Name: John B. Strong Title: Assistant City Attorney for Ronald P. Gonzales Contract Authorization: By: for Rona Id P.Gonza les(Dec 1,2020 13:21 CST) M&C: Not Required dp4bpn Name: Mary J. Kayser p FORT Ilan Title: City Secretary p,,o°° °�oadd c0°o o 000000 p=� nEKkt4a VENDOR: HKS, Inc. 8reraf S,oa� Brent Sparks Nov 12,2020 08:40 CST) By: Name: Brent Sparks, AIA Title: Senior Principal Date: Nov 12, 2020 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Standard Architectural Agreement(Revised)(am) Page 13 of 13 HKS,Inc.—Far Southwest Branch Library November 2020 HKS Attachment "A" SeptembeF 2' `020 Dear Mr.Glass: rev.October 14,2020 HKS, Inc. ("HKS")is pleased to submit to City of Fort Worth("Client"),our professional Brian Glass design services proposal for the Far Southwest Library, located in Fort Worth,Texas,(the Architectural Services Manager "Project"). City of Fort Worth 401 West 13th Street Project Detail Fort Worth,Texas 76102 The scope of the Project is as follows: • Site Plan development including required parking,drives,site utilities, landscape/ hardscape for an approximate 4 acre site at 8229 McCart Avenue in Fort Worth, Re: City of Fort Worth Far Texas. Southwest Library a Approximately 16,000 GSF new branch library facility with an estimated HKS, Project Number construction cost of 9499&$6,500,000. 23782.000 Scope of Services HKS will provide architectural and interior design services as described in this proposal for the Project. HKS will retain the services of the following consultants with their disciplines shown: • 720 Design-Library Programming, Planning, FF&E,and Interior Signage services • DFW Engineering-MEP/FP and Low Voltage Engineering • JQ Engineering-Structural Engineering • Dunaway Associates-Civil Engineering,Survey,and Landscape/Irrigation Design • Babendure Design Group-Exterior Signage A copy of each consultant's proposal outlining anticipated services and deliverables has been included for your review. Services will be provided as defined in the City of Fort Worth Agreement for Architectural Services currently under review by HKS. The scope of the professional services is limited to the following: BASIC SERVICES: • Concept Design • Limit two(2)meetings with the Client to review a maximum of three(3)high level conceptual block plans and exterior massing options for selection of one for further refinement during the schematic design phase. Concepts will be based on programming being developed at that time. • Deliverable: • Concept Design package in both digital PDF and color 11"x17"hardcopy format to include: • Project guiding principles • Key"Nature of Place"contextual exhibits used to help inform the design. • Color block plan and exterior massing views of the selected option. • Schematic Design • Limit two(2)on site meetings with the Client to further refine the approved conceptual design to include preliminary exterior material selections,interior wall&door layout,and preliminary interior finish type selections. • See Optional Services below. HKS,Inc. 1227 W.Magnolia Ave.,Suite 200 Fort Worth,TX 76104 Page 1 of 6 HKS • Facilitate a Pre-Development Conference with the City to review planned site and building scope. • Deliverable: • Schematic Design package in both digital PDF and 11"x17"hardcopy format to include: • Color architectural floor plans and exterior elevations at the appropriate scale • Limit three(3)digital color renderings of key exterior and interior views. • Preliminary engineering plans and/or narratives. • Outline specifications in 8.5"x 11"format. • Design Development Limit two(2)on site meetings with the Client to further develop the approved schematic design to include room by room amenities,final exterior and interior material palette selections,and refined engineering systems. • See Optional Services below. • Deliverable: • Design Development package in both digital and 30"x42"hardcopy format to include: • Detailed floor plans and reflected ceiling plans at the appropriate scale. • Exterior elevations noting materials and key dimensions • Typical building and wall sections noting key material changes and dimensions. • Key interior wall and millwork elevations. • Update schematic renderings to reflect current scope. • Further detailed engineered plans and major equipment schedules. • Preliminary detailed specifications in 8.5"x 11"format. • Construction Documents • Development of the approved design development scope into permit drawings for use by the construction manager during the construction phase. • Multiple drawing packages for phased construction is not currently anticipated. • Deliverable: • Final"For Construction"document package in both digital PDF and 30"x42"hardcopy format to include architectural,interior design,and engineering deliverables from all disciplines as noted. • Bidding&Negotiation/Permitting • Be available to answer questions from the construction manager to aid in securing subcontractor pricing. • Limit one(1)subcontractor pricing review meeting to assist Client and construction manager in final GMP contract efforts. • Assist selected construction manager in submitting the final construction document package for permit. Monitor permitting process and respond to City questions as required. • Construction Administration Assuming a 12-month construction schedule,attend twenty-four(24)bi-weekly on site OAC meetings to observe construction progress and answer questions. HKS,Inc. 1227 W.Magnolia Ave.,Suite 200 Fort Worth,TX 76104 Page 2 of 6 HKS • Review RFI's and submittals • Deliverable: • Field observation report in digital 8.5"x11"PDF format. • Record documents from construction document markups provided construction manager in PDF format. • Structural, Mechanical, Electrical, Plumbing and Fire Protection Engineering • See attached consultant proposals for specific services and deliverables for each phase of development. • Interior Design(Finishes): • Attend one(1)visioning session and one(1)public meeting during the conceptual/programming phase. • Limit three(3)client review meetings during the schematic and design development phases. • Develop a maximum of three(3)preliminary interior finish palettes for selection of one for further refinement. • Deliverable: • Digital and hardcopy finish board of the final materials selected. • Finish plans,elevations,schedule,and specifications incorporated into the various milestone packages listed above. ADDITIONAL/OPTIONAL SERVICES: The following services will be provided by the consultant team listed above. Copies of their individual proposals are attached for your review. • Programming • FF&E • Interior/Exterior Sig nage • Civil Survey, Engineering,Grading Permit,SWPPP, Easement, Franchise Coordination • Landscape/Irrigation Design • Geotech Services • Low Voltage Engineering(IT/Tele,A/V,and Security) • Cost Estimating • Interim ADA Review&Inspection The following services are excluded (but not limited to): • Any design or engineering service not listed above. • All services specifically listed as excluded in the attached consultant proposals. • Multiple construction document packages to facilitate a"fast track"construction delivery process. • Permit or city impact fees • LEED Certification or Commissioning Services • Additional renderings or video services Schedule Upon receipt of a signed contract HKS will begin the design services within 5 days. The proposed schedule is attached for your reference.These dates are contingent upon HKS,Inc. 1227 W.Magnolia Ave.,Suite 200 Fort Worth,TX 76104 Page 3 of 6 HKS receiving a signed agreement by August 1,2020. In the event the schedule is extended due to causes not within the control of HKS,our compensation will be equitably adjusted to account for the additional time in accordance with HKS then current hourly rate schedule. Fees and Payment Compensation to HKS and its consultants for the services described above shall be based on a percentage of construction cost broken down as follows: • Phase I (Programming,Concepts,30%SD): o Basic Services: $39,194.00 o Additional Services: $58,257.00 Sub Total: $97,451.00 Est.Reimbursable: $1,500.00 Phase I Total: $98,951.00 • Phase II Services(Remaining SD-CA): o Basic Services: $386,985.00 o Additional Services: $254,019.00 Sub Total: $641,004.00 Est. Reimbursable: $8,500.00 Phase II Total: $649,504.00 Grand Total: $748,455.00 See Attached Page for Breakout of Phase 1 and Phase 11 Fees&HKS Hourly Rates • Optional Services: o Cost Estimating: $35,679.00 o Facility Touring: hourly o Additional Renderings(high-res): $1,200 ea. o Video Fly-Around: to be determined 6-GNIaR Sereet*eig As*stairee: `e pcaccef ligeel If the Client chooses to ultimately approve a construction cost more than 5%higher than the currently budgeted amount, HKS and its consultants reserve the right to equitably adjust our fees based on the new approved cost. Regarding the civil and landscape proposal,you will notice that some services are proposed as hourly not to exceed. For proposal purposes,we are reflecting the full fee amount but HKS,Inc. 1227 W.Magnolia Ave.,Suite 200 Fort Worth,TX 76104 Page 4 of 6 HKS the intent would be to minimize these services so as to realize a savings in overall fee by the end of the project. We understand that the City has set a goal for this project of 6%of the fee dollars set aside for small business enterprises(SBE)within the design team. Based on final consultant proposals received and reflected in the fees above,our current SBE participation is 33%. A breakdown can be provided to the Client upon request. HKS will invoice for services and reimbursable expenses on a monthly basis,with payment due upon receipt of invoice. Invoices for which payment are more than thirty days past due will accrue interest at the rate of seven percent per annum. Client agrees to pay HI(S for services rendered pursuant to this contract. Reimbursable Expenses In addition to compensation for services, HI(S shall be reimbursed for all out-of-pocket expenses such as travel, reproduction, plotting,project management websites, long distance phone calls,courier service,postage,photography,and other out of pocket expenses incurred relative to these services. Reimbursable Expenses will be billed at one and one-tenth times the actual cost. An estimated reimbursable amount can be provided upon request. Additional Services Should there be a request for additional services or if there are deviations from scope of services described in this proposal, HKS shall submit an additional service request to the Client for approval, prior to commencement of the services. Additional services shall be a stipulated sum based on our approved hourly rates. Additional Consultants If the services of consultants other than any included in the Scope of Services given above are required and in the event Client request these consultants be retained by HKS, HKS will invoice these additional consultants at one and fifteen one hundredths times the amount invoiced HKS by the consultants. HKS reserves the right to qualify and select any consultants who will be under HKS contract. Termination In the event Client abandons the Project at any time or elects to terminate our services, HKS shall be paid for services performed and reimbursable expenses incurred up to the date of our receipt of your written notice of termination. HI(S reserves the right to suspend services if payment for compensation and expenses is not received within thirty(30)days of receipt of our invoice. Copyright The Program, Drawings,Specifications,3D Model,other documents,and the designs prepared by HKS for this Project are instruments of service for use solely with respect to this Project. HKS shall retain all common law and statutory intellectual property rights in HKS,Inc. 1227 W.Magnolia Ave.,Suite 200 Fort Worth,TX 76104 Page 5 of 6 HKS and to the instruments of service. No modifications to the instruments of service shall be made without notification to and authorization of HI<S and its consultants. HI<S grants to Client a license to use the instruments of service for use with respect to this Project upon payment in full for compensation and reimbursable expenses. Texas Asbestos Health Protection Act As the project is a renovation of an existing building located in the state of Texas,the issuance of a building permit will be subject to the requirements of the Texas Asbestos Health protection Act. As such,an Asbestos Survey will be required to be performed by a consultant hired by the owner for areas to be renovated. This report will be provided to HKS for review. Statement of Jurisdiction The Texas Board of Architectural Examiners,333 Guadalupe,Suite 2-350,Austin,Texas 78701-3942, Phone:512/305-9000,has jurisdiction over individuals registered as architects or interior designers in Texas. The Board's internet address is www.tbae.state.tx.us. If the terms of this proposal are acceptable, please acknowledge your acceptance by executing this proposal and returning one copy to my attention. Best Regards, Brent Sparks AIA, LEED BD+C Principal The undersigned authorized agent of the owner and Client represents and warrants to HI<S that all required approvals for authorization of the foregoing services have been obtained in writing. AGREED AND AUTHORIZED: This 141"day of October 2020 By: City of Fort Worth Signature Title CC: Mr.Dan Arrowood Mr.Douglas Mullen Ms. Kim Cooper HKS,Inc. 1227 W.Magnolia Ave.,Suite 200 Fort Worth,TX 76104 Page 6 of 6 City of Fort Worth Far Southwest Library HKS,Project Number 23782.000 PHASE I PHASE II Service SBE Consultant Programming 30%SD thru Total Project thru 30%SD Fee CA Fee Fee Basic Services Architectural HKS $24,463 $233,038 $257,500 Planning 720 Design $5,679 $49,846 $55,525 Structural Eng. JQ $4,080 $46,920 $51,000 MEP Eng. DFW $4,972 $57,182 $62,154 Sub-Total $39,194 $386,985 $426,179 Additional Services Programming 720 Design $20,100 $0 $20,100 FIFE 720 Design $1,389 $44,911 $46,300 Interior Signage 720 Design $0 $4,480 $4,480 Exterior Signage Babendure $0 $8,500 $8,500 Interiors HKS $2,979 $28,381 $31,360 GeoTech Dunaway $7,000 $0 $7,000 Civil Eng.&Survey Dunaway $23,549 $100,411 $123,960 Landscape Dunaway $3,240 $57,000 $57,000 LV- Data,Voice, A/V, DFW $0 $13,576 $13,576 Security Sub-Total $58,257 $254,019 $312,276 Total $97,451 $641,004 $738,455 Reimbursable Expenses $1,500 $8,500 $10,000 TOTALS $98,951 $649,504 $748,455 HKS 2020 HOURLY RATE SCHEDULE Principal $355 Senior Vice President $325 Vice President $280 Associate $255 Professional Staff $200 Technical Staff $150 These rates are valid for one year from the date of this Agreement. After that time,the rates may increase, at the option of the Architect, by 5% per year. Far SW Library Fee Worksheet Area(SF) Construction Budget PHASE ONE PHASE TWO Concepts 30%SD 70%SD DD CD BN CA HKS Architecture-Basic $ 12,875 $ 11,588 $ 27,038 $ 38,625 $ 77,250 $ 12,875 $ 77,250 720 Design Planning/Limited CD&CA $ 5,679 $ 13,251 $ 15,830 $ 14,465 $ 6,300 JQ Structures $ 2,550 $ 1,530 $ 3,570 $ 10,200 $ 20,400 $ 2,550 $ 10,200 DFW MEP/FP $ 3,108 $ 1,865 $ 4,351 $ 18,646 $ 18,646 $ 3,108 $ 12,431 subtotal: $ 18,533 $ 20,661 $ 48,209 $ 83,301 $ 130,761 $ 18,533 $ 106,181 4% 5% 11% 20% 31% 4% 25% ADDITIONAL HKS Concept Development 720 Design Programming $ 20,100 $ - $ - 720 Design FIFE $ - $ 1,389 $ 3,241 $ 4,630 $ 27,780 $ $ 9,260 720 Design Interior Signage $ - $ - $ 896 $ 2,688 $ 896 Babendure Exterior Signage $ - $ - $ - $ 1,700 $ 5,100 $ $ 1,700 HKS Interiors-Finishes $ 1,568 $ 1,411 $ 3,293 $ 6,272 $ 9,408 $ 1,568 $ 7,840 HKS Interiors-Furniture $ - $ - Dunaway GeoTech $ - $ 7,000 $ $ - $ - $ - $ - Dunaway Civil-Topo Survey $ 6,500 $ - $ Dunaway Civil-Tree Survey $ 4,000 $ - $ Dunaway Civil-Engineering $ 7,140 $ 3,213 $ 7,497 $ 17,850 $ 32,130 $ 3,570 Dunaway Civil-Grading Permit $ - $ - $ - $ 2,040 $ 4,080 $ - $ 4,080 Dunaway Civil-SWPPP $ $ - $ 350 $ 350 $ 2,100 $ $ 700 Dunaway Civil-Easement Services $ $ 245 $ 571 $ 816 $ 4,896 $ $ 1,632 Dunaway Civil-Franchise Coordination(hourly) $ 1,020 $ 306 $ 714 $ 2,040 $ 4,080 $ $ 2,040 Dunaway Civil-Owner Meetings(hourly) $ 750 $ 375 $ 875 $ 2,000 $ 1,000 $ Dunaway Civil-CA(hourly) $ - $ - $ - $ - $ - $ $ 5,000 Dunaway Landscape/Irrigation Design $ - $ 2,115 $ 4,935 $ 16,450 $ 21,150 $ 2,350 Dunaway Landscape-Owner Meetings(hourly) $ 750 $ 375 $ 875 $ 2,000 $ 1,000 $ - Dunaway Landscape -CA(hourly) $ - $ - $ - $ - $ - $ - $ 5,000 DFW LV-Data/Voice/A/V/Security $ $ $ 1,358 $ 4,752 $ 4,073 $ 679 $ 2,715 CCM Cost Estimating $ $ $ - $ - $ - $ - $ - Access By Design ADA Consulting $ $ $ - $ - $ - $ - subtotal: 111F,828 $ 16,429 $ 23,709 $ 61,796 $ 119,485 $ 8,167 $ 40,863 subtotal: 60,361 $ 37,0 $ 71,918 $ 145,097 $ 250,246 $ 26,700 $ 147,044 8% 5% 10% 20% 34% 4% 20% reimbursable Total Proposed Fee+Reimbursable: PHASE ONE-FEE TOTAL PHASE TWO-FEE TOTAL $ 97,451 $ 641,004 $1,500 reimbursable $8,500 reimbursable $ 98,9511$ 649,504 o oo .� .� 2R o �000 ooNo 0 0 �n M N W N n ,I O O M .�min to Oa IR O O N n M N a N m ' o R n 0 0 o ' m o ry ti m� a ti ni vi vi ni a a N N Z N N M w e-I M N OO lD m N N N {R {R V} {R {R {R{R {R {R{R{R{R{R{R{R N N N {R{R N {R V} o �n ono .� 2R omom 000 �000 0o M �n �o � �n �ooa �o .-� mmoo Mmornmo ono n m a a N a a o n m n o a o m o o o o a N IA C is a o ad o �ni vi of N a ni a n ti ri ti a of o N N N {R{R{R{R {R N N N N {R N N N N N N N N N N {R{R {R V} N M O a O O M b w n N O ll oO I w O Vf O Vf Of Of ' O OO 0 N N N N N N N N N N N N N N N N N N N N N N N N N W d C O N Vf M N eY N N V M Vf Nw Of wM 1� Of wl a Vf Yf N N N YM a s M M N a N n 40 N N W Q a N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N a N N �n m M oc m .� o .� a o n .� n N rn N% m� % w C � o �n o M a o N N M M ,� M a o � N N M F v�i O � � M a W N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N LL d vt O OO M � O OO O O O O O O OO N aE W e•I O e� 1� N O M C O �D O O V N Vf Vf N �D d0 Z N O Yf u ti N ro m N ri w v is ri v m m v� Vc N N N N N N N N N N N N N N N N N N N N N N N N N N M N N b N N N N V O W Vf cn a n N �D N mo O N 1� �D OO fV �D O e-I e•I M N c�c N G 0 0 � o �noa m o0000 0000000000 000 �o �o 0 O O O M 1�N Vf O N N 1D w D m ' N O wO Vf c-I O� �oO 1 e-I ��D� O.-I M OO �/1 Vf 1�Vf Vf N O N Vf Vf Vf Vf �D N N � M 1� N N � N !•I N N N O M �D N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N Y. 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