HomeMy WebLinkAboutContract 59610CSC No. 59610
CITY OF FORT WORTH, TEXAS
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FAR NORTHWEST BRANCH LIBRARY
This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the
"CITY"), and HKS Inc., authorized to do business in Texas, an independent contractor
("Consultant"), for a PROJECT generally described as: Far Northwest Branch Library.
The Agreement documents shall include the following:
1. This Standard Agreement for Professional Services;
2. Attachment "A" — Scope of Services;
3. Attachment "B" — Verification of Signature Authority Form.
Attachments "A" and "B", which are 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" or "B" and the terms and conditions set forth in the body of
this Agreement, the terms and conditions of this Agreement shall control.
Article I
Scope of Services
(1) Consultant 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 Northwest Branch Library.
(2) Additional services, if any, will be requested in writing by the City. City shall not
pay for any work performed by Consultant or its subconsultants, subcontractors
and/or suppliers that has not been ordered in writing. It is specifically agreed that
Consultant shall not be compensated for any alleged additional work resulting
from oral orders of any person.
Article II
Compensation
Consultant shall be compensated in accordance with the Fee Schedule shown in
Attachment "A". Payment shall be considered full compensation for all labor, materials,
supplies, and equipment necessary to complete the services described in Attachment
"A". However, the total fee paid by the City for Phase I — Programming and Concept
shall not exceed a total of $99,050.00 unless the City and the Consultant mutually agree
upon a fee amount for additional services and amend this Agreement accordingly.
The Consultant 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 Consultant's invoice for payment of
same.
Acceptance by Consultant 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
OFFICIAL RECORD
CFW Standard Agreement for Professional Services (Rev. 11 Nov2021) CITY SECRETARY Page 1 of 10
HKS, Inc. — Far Northwest Branch Library May 2023
FT. WORTH, TX
furnished in connection with the services for which payment is made, including any act
or omission of the City in connection with such services.
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 two -
years, beginning upon the date of its execution, or until the completion of the subject
matter contemplated herein, whichever occurs first.
Article IV
Independent Contractor
Consultant shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Consultant 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 respondent superior
shall not apply as between City and Consultant, its officers, agents, employees,
contractors, and subcontractors, and nothing herein shall be construed as creating a
partnership or joint venture between City and Consultant.
Article V
Professional Competence and Indemnification
(1) Work performed by Consultant 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 the City shall not constitute or be deemed to be a release of the
responsibility and liability of Consultant or its officers, agents, employees,
contractors and subcontractors for the accuracy and competency of its services
performed hereunder.
(2) In accordance with Texas Local Government Code Section 271.904, the
Consultant 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
subcontractor or supplier committed by the Consultant or Consultant's
agent, consultant under contract, or another entity over which the
Consultant's exercises control.
CFW Standard Agreement for Professional Services (Rev. 11 Nov2021) Page 2 of 10
HKS, Inc. — Far Northwest Branch Library May 2023
Article VI
Insurance
(1) Consultant 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 Consultant allow any subcontractor to commence work on its
subcontract until all similar insurance of the subcontractor has been so obtained
and approval given by the City; provided, however, Consultant 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 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of
coverage if written on a split limit 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
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Consultant's worker's
compensation insurance policy, the City, its officers, employees and servants
shall be endorsed as an additional insured on Consultant's insurance policies.
b. Certificates of insurance shall be delivered to the Architectural Services,
Attention: Brian R. Glass, 401 West 131th Street, Fort Worth, TX 76012, 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.
CFW Standard Agreement for Professional Services (Rev. 11 Nov2021) Page 3 of 10
HKS, Inc. — Far Northwest Branch Library May 2023
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 Consultant's insurance.
i. Consultant'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, Consultant 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. Consultant's liability shall not be limited to the specified amounts of insurance
required herein.
I. Upon the request of City, Consultant shall provide complete copies of all
insurance policies required by these Agreement documents.
/_T11"M MILT/ l l
Transfer or Assignment
City and Consultant each bind themselves, and their lawful successors and assigns, to this
Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or
transfer any interest in this Agreement without prior written consent of the City.
Article VIII
Termination of Contract
(1) City may terminate this Agreement for its convenience on 30 days' written notice.
Either the City or the Consultant 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 8, upon receipt of notice
of termination, Consultant shall discontinue services rendered up to the date of
such termination and City shall compensate Consultant 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, consultants, or contractors, or prepared by
Consultant, 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 IX
Right to Audit
CFW Standard Agreement for Professional Services (Rev. 11 Nov2021) Page 4 of 10
HKS, Inc. — Far Northwest Branch Library May 2023
(1) Consultant 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 Consultant involving
transactions relating to this Agreement. Consultant 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 Consultant reasonable advance notice
of intended audits.
(2) Consultant 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 Consultant and any sub -consultant reasonable advance
notice of intended audit.
(3) Consultant and sub -consultants agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Consultant for the cost of
copies at the rate published in the Texas Administrative Code in effect as of the
time copying is performed.
Article X
Minority and Women Business Enterprise (MWBE) Participation
In accordance with the City's Business Equity Ordinance No. 25165-10-2021, Chapter 20
Article X of the City of Fort Worth, as amended, the City has goals for the participation of
minority business enterprises and/or women business enterprises in City contracts.
Consultant acknowledges the MWBE goals established for this Agreement and its
accepted written commitment to MWBE participation. Any misrepresentation of facts
(other than a negligent misrepresentation) and/or the commission of fraud by the
Consultant 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 XI
Observe and Comply
Consultant 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. Consultant 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.
CFW Standard Agreement for Professional Services (Rev. 11 Nov2021) Page 5 of 10
HKS, Inc. — Far Northwest Branch Library May 2023
Article XII
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 XIII
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.
Article XIV
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 XV
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.
Article XVI
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
CFW Standard Agreement for Professional Services (Rev. 11 Nov2021) Page 6 of 10
HKS, Inc. — Far Northwest Branch Library May 2023
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 XVII
No Bovcott 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.
Article XVIII
Prohibition on Bovcottinq Enerqv Companies
Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government
Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from
entering into a contract for goods or services that has a value of $100,000 or more, which
will be paid wholly or partly from public funds of the City, with a company (with 10 or more
full-time employees) unless the contract contains a written verification from the company
that it: (1) does not boycott energy companies; and (2) will not boycott energy companies
during the term of the contract. The terms "boycott energy company" and "company" have
the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as
added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of
the Government Code is applicable to this Agreement, by signing this Agreement,
Vendor certifies that Vendor's signature provides written verification to the City that
Vendor: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of this Agreement.
Article XIX
Prohibition on Discrimination Aqainst Firearm and Ammunition Industries
Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is
prohibited from entering into a contract for goods or services that has a value of
$100,000 or more which will be paid wholly or partly from public funds of the City, with a
company (with 10 or more full-time employees) unless the contract contains a written
verification from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2)
will not discriminate during the term of the contract against a firearm entity or firearm
trade association. The terms "discriminate," "firearm entity" and "firearm trade
CFW Standard Agreement for Professional Services (Rev. 11 Nov2021) Page 7 of 10
HKS, Inc. — Far Northwest Branch Library May 2023
association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the
extent that Chapter 2274 of the Government Code is applicable to this Agreement,
by signing this Agreement, Vendor certifies that Vendor's signature provides
written verification to the City that Vendor: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
Article XX
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:
Attn: Nikita Watts
Sr Capital Projects Officer
401 West 13t" Street
Fort Worth, Texas 76102
Consultant:
HKS, Inc.
Attn: Brent Sparks, AIA
1227 W Magnolia Ave., Suite 200
Fort Worth, TX 76104
CFW Standard Agreement for Professional Services (Rev. 11 Nov2021) Page 8 of 10
HKS, Inc. — Far Northwest Branch Library May 2023
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth
Tea z� 3liJ 14, 20 :32O 3
Dana Bu rghdoff (7 CDT)
By:
Name: Dana Burghdoff
Title: Assistant City Manager
Date: Jun 14, 2023
Approval Recommended:
By: o Steve ke (Jun 1, 2023 14:38 CDT)
Name: Steve Cooke
Title: Director, Property Management Dept
Attest:
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By.
Name:
Jannette Goodall
Title:
City Secretary
VENDOR:
HKS, Inc.
By: Brent Sp �ay 23 16:19 CDT)
Name: Brent Sparks, AIA
Title: Principal
Date: May 23, 2023
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
By: -`
Name: Nikita Watts
Title: Sr Capital Projects Officer
Approved as to Form and Legality:
By:
Name: John B. Strong
Title: Assistant City Attorney
Contract Authorization: N/A
M&C: Not Required
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CFW Standard Agreement for Professional Services (Rev. 11 Nov2021) Page 9 of 10
HKS, Inc. — Far Northwest Branch Library May 2023
ATTACHMENT "B"
VERIFICATION OF SIGNATURE AUTHORITY
HKS, INC.
1227 W MAGNOLIA AVE., SUITE 200
FORT WORTH, TX 76104
Consultant hereby agrees to provide City with independent audit basic financial statements, but
also the fair presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Consultant and to execute any
agreement, amendment or change order on behalf of Consultant. Such binding authority has
been granted by proper order, resolution, ordinance or other authorization of Consultant. City is
fully entitled to rely on the warranty and representation set forth in this Form in entering into any
agreement or amendment with Consultant. Consultant will submit an updated Form within ten
(10) business days if there are any changes to the signatory authority. City is entitled to rely on
any current executed Form until it receives a revised Form that has been properly executed by
Consultant.
Name:
Position:
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
Brent S[r , 1M1y 23, 202316:15 CD I,
Signature of President / CEO
Other Title: Partner
Date: May 23, 2023
CFW Standard Agreement for Professional Services (Rev. 11 Nov2021) Page 10 of 10
HKS, Inc. — Far Northwest Branch Library May 2023
HKS ATTACHMENT "A"
Revision 3 May 12, 2023 Dear Mr. Meza:
Alfonso Meza, RA HKS, Inc. ("HKS") is pleased to submit to City of Fort Worth ("Client"), our professional
design services proposal for the Far Northwest Library, located at 1297 Avondale -Haslet
Property Management Dept. Road in Fort Worth, Texas, (the "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 /
Re: FNWL - City of Fort Worth hardscape for an approximate three (3) acre site.
Far Northwest Library 0 Approximately 18,000 GSF new branch library facility with an estimated
construction cost of $7,000,000.
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 three (3) virtual/on site 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.
• Limit three (3) in person public meetings to present the selected concept and
receive feedback.
• Half day local facility touring
• 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
HKS, Inc.
1227 W. Magnolia Ave., Suite 200
Fort Worth, TX 76104 Page 1 of 6
HKS
• Limit three (3) 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.
• Facilitate a Pre -Development Conference with the City to review planned site
and building scope.
• One (1) coordination meeting with Traffic and Public Works (TPW)
• 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 three (3) virtual/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.
HKS, Inc.
1227 W. Magnolia Ave., Suite 200
Fort Worth, TX 76104 Page 2 of 6
HKS
• 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 Contract Administration
Assuming a twelve (12) month construction schedule, attend twenty-four (24)
bi-weekly on site OAC meetings to observe construction progress and answer
questions.
Review RFIs 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.
• 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.
Schedule
Upon receipt of a signed contract HKS will begin the design services within fourteen (14)
days. The proposed schedule is attached for your reference. These dates are contingent
upon receiving a signed agreement by May 30, 2023. 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 stipulated lump sum broken down as follows:
HKS, Inc.
1227 W. Magnolia Ave., Suite 200
Fort Worth, TX 76104 Page 3 of 6
HKS
PHASEI
PHASEII
Programming &
Total Project
Seri•, -
DBE
Consultant
Concepts fee
SD thru CA Fee
fee
Basic Services
Architectural
HKS
$25,000
$288.000
$313,000
Planning
✓
720 Design
$65,700
$65.700
Structural Lng
✓
1Q
$bl.000
$51,000
MEP Eng.
✓
DFW
$78,654
$78,654
Subtotal
$25,000
$489,354
$514.354
Additional Services
Programming
✓
120 Design
$30,000
$30,000
FFE
✓
720 Design
$59.400
$59.400
Interior Signage
✓
720 Design
$7,020
$7,020
Exterior Signage
Babendure
$10,000
$10,000
Interiors - Concepts
HKS
$3,500
$3,500
Interiors - Finishes
HKS
$37.632
$37,632
Civil - Engineering
Dunaway
$7,400
$66.600
$74,000
Civil • Grading Permit
Dunaway
$7,000
$7,000
Civil - Detention Analysis/Design
✓
Dunaway
$6,000
$9.000
$15,000
Civil - SWPPP
Dunaway
$3,500
$3,500
Civil - Owner & Design Mtgs (hourly)
Dunaway
$750
$4,250
$5,000
Civil - CA (hourly)
Dunaway
$5,000
$5,000
Landscape / Irrigation Design
Dunaway
$55.500
$55,500
Landscape - Owner Mtgs (hourly)
Dunaway
$900
$5,100
$6,000
Landscape - Public Mtgs (hourly)
Dunaway
$1,000
$1.000
$2,000
Landscape - CA (hourly)
Dunaway
$5.000
$5,000
LV-Data. Voice, A/V, Sec
✓
DFW
$15.392
$15,392
Subtotal
$49,550
$291,394
$340,944
Total
$74,550
$780,748
$855,298
Reimbursable Expenses
Project Expenses
$2,500
$8,500
$11,000
ADA Consulting
✓
ABD
$2.800
$2.800
TOTAL
$77,050
$792,0"
5869,098
Add -Alternate Services
Themed Space Design
HKS
$10,000
$10,000
Public An Coordination (Allowance
$IQ000
$10,000
Interior Only)
Team
GeorechnicalEngineering
Dunaway
$6,000
$6,000
Topographic Survey
Dunaway
$5,000
$5,000
Drainage Study
Dunaway
$5,000
$5,000
Stormwater Facility Maintenance
Dunaway
$5,500
$5,500
Zoning Change
Dunaway
$8,000
$8,000
Final Plat
Dunaway
$6,500
$10,000
$16,500
Water & Sewer Loading Exhibits
Dunaway
$5,500
$5,500
Easement Services
Dunaway
$5,000
$5,000
Franchise Coordination (hourly)
Dunaway
$5,000
$5,000
Add-Afternate Services
Total
$22.000
$87,500
lPhose 1 Total
$99,050 1
Total Project Cost
$950,598
HKS, Inc.
1227 W. Magnolia Ave., Suite 200
Fort Worth, TX 76104 Page 4 of 6
HKS
We understand that the City has set a goal for this project of 16% 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 36.61%.
A breakdown can be provided to the Client upon request.
HKS will invoice for services and reimbursable expenses monthly, 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 HKS for
services rendered pursuant to this contract.
Reimbursable Expenses
In addition to compensation for services, HKS 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 atone
and one -tenth times the actual cost.
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.
• Exploration and concept design for themed reading area.
• Public Art Coordination
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. HKS 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
and to the instruments of service. No modifications to the instruments of service shall be
made without notification to and authorization of HKS and its consultants. HKS grants to
HKS, Inc.
1227 W. Magnolia Ave., Suite 200
Fort Worth, TX 76104 Page 5 of 6
HKS
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 HKS
that all required approvals for authorization of the foregoing services have been obtained in
writing.
AGREED AND AUTHORIZED:
This day of May 2023
By: City of Fort Worth
Signature
CC: Mr. Jody Tettleton
Mr. Douglas Mullen
Ms. Kim Cooper
HKS, Inc.
1227 W. Magnolia Ave., Suite 200
Fort Worth, TX 76104
Title
Page 6 of 6
HKS
HKS 2023 Hourly Rate Schedule
Partner $415
Principal $365
Vice President $315
Associate $280
Design Staff $235
Support Staff $215
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 NW Library Fee Worksheet
Area (SF)
18,000
Construction Budget
$
7,000,000
$ 38889 $/sf
BASIC SERVICES
%of fee %
M W BE/SBE %
HKS
Concept Development
0.36%
$
25,000
HKS
Architectural
4.11%
$
289,000
720 Design
Planning
0.94%
$
65,700
* 7.68%
JQ
Structural Eng.
0.81%
$
57,000
6,66%
DFW
MEP Eng.
112%
$
78,654
920%
$
514,354
ADDITIONAL SERVICES
720 Design
Programming
0.43%
$
30,000
3,51%
720 Design
FFE
085%
$
59,400
694%
720 Design
Interior Signage
0.10%
$
7,020
0.82%
Babendure
Exterior Signage
0.14%
$
10,000
HKS
Interiors - Concepts
0.05%
$
3,500
HKS
Intenors- Finishes
054%
$
37,632
Dunaway
Civil - Engineering
1.06%
$
74,000
Dunaway
CIO! - Grading Permit
0.10%
$
7,000
Dunaway
Civil- Detention Analysis/Design
021%
$
15,000
Dunaway
Civil -SWPPP
0.05%
$
3,500
Dunaway
Civil - Owner& Design Mtgs(hourly)
0.07%
$
5,000
Dunaway
Civil - CA(hourly)
0.07%
$
5,000
Dunaway
Landscape/Irrigation Design
079%
$
55,500
Dunaway
Landscape -Owner Mtgs(hourly)
0.09%
$
6,000
Dunaway
Landscape- Public Mtgs(hourly)
0.03%
$
2,000
Dunaway
Landscape-CA(hourly)
007%
$
5,000
DFW
LV-Data, Voice, A/V, Sec
0.22%
$
15,392
180%
nal Services Subtotal
Design Services Subtotal
11.86%
PROFESSIONAL
HKS
FEES & REIMBURSABLE EXPENSES
Reimbursable Expenses
$
11,000
ABD
ADA Plan Review
$
2,800
o
HKS
Themed Space Design
0.14%
$
10,000
Team
Public Art Coordination(Allowance Interior Only)
0,14%
$
10,000
Dunaway
Geotech nical Engineering
$
6,000
Dunaway
Topographic Survey
$
5,000
Dunaway
Drainage Study
$
5,000
Dunaway
Stormwater Facility Maintenance
$
5,500
Dunaway
Zoning Change
$
8,000
Dunaway
Final Plat
$
16,500
Dunaway
Water& Sewer Loading Exhibits
$
5,500
Dunaway
Easement Services
$
5,000
Dunaway
Franchise Coordination (hourly)
$
5,000
HKS Interiors Total
$
41,132
Arch Total
$
313,000
HKS Fee Subtotal
$
354,132,
Art
$
5,000
Themed Space
$
10,000
HKS reimbursible
$
13,800
HKS Total
$
382,932
20% 25% 30% 5% 20%
Programming & Concepts
SO
DO
CD
BN CA
check
$ 25,000
$
25,000
$
57,600 $
72,000 $
86,400 $
14,400 $ 57,600
$
288,000
$
21,600 $
18,000 $
18,900 $
7,200
$
65,700
$
8,550 $
11,400 $
22,800 $
2,850 $ 11,400
$
57,000
$
11,798 $
23,596 $
23,596 $
3,933 $ 15,731
$
78,654
$
99,548 $
124,996 $
151,696 $
28,383 $ 84,731
5
514,354
5%
19%
24%
29%
6% 16%
100.00%
$ 30,000
$
30,000
$ 59,400
$
59,400
$
1,404 $
4,212
$ 1,404
$
7,020
$
2,000 $
6,000 $
- $ 2,000
$
10,000
$ 3,500
$
3,500
$
7,526 $
9,408 $
11,290 $
1,882 $ 7,526
$
37,632
$ 7,400 $
11,100 $
19,500 $
33,300 $
3,700
$
74,000
$
1,400 $
1,750 $
2,100 $
350 $ 1,400
$
7,000
$ 6,D00
$1,500 $
3,000 $
1,500 $
1,500 $ 1,500
$
15,000
$350 $
350 $
2,100 $
- $ 700
$
3,500
$ 750
$1,250 $
2,000 $
1,000 $
-
$
5,000
$
- $
- $
- $ 5,000
$
5,000
$8,325 $
19,425 $
24,975 $
2,775
$
55,500
$ 900
$1,500 $
2,400 $
1,200 $
-
$
6,000
$ 1,000
$1,000
$
2,000
$
- $
- $
- $ 5,000
$
5,000
$1,539 $
5,387 $
4,618 $
770 $ 3,078
$
15,392
$
35,491 $
65,624 $
92,294 $
10,976 $ 87,
$
340,944
$ $
135,039 $
190,62n i 243,990 $
39,359 $ 171,744
$
855,298
10%
16%
22%
29%
5% 2096
101%
$
11,000
$ 2,500 $
1,000.00 $
1,000.00 $
1,500.00 $ 2,500.00 $ 2,500.00
$
11,000
$
2,000.00 $
2,000.00 $
2,000.00 $ 2,000.00 $ 2,000.00
$
10,000
$
2,000.00 $
2,000.00 $
2,000.00 $ 2,000.00 $ 2,000.00
$
10,000
$
6,000
$ 5,000.00
$ 5,000.00
$
5,500
$
8,000
$ 6,500.00 $
5,000 $
5,000
$ 5,500.00
$
5,000
$ 5,000
$ 5,000
$ 24,5t1^
$
866,298
(PHASE ONE -FEE TOTAL PHASE TWO - FEE
TOTAL
$
780,748
$
780,748
$8,500 re imbursable
$ 99,0� $ 789,248 (
$
888,298
$
888,298