The URL can be used to link to this page

Home My WebLink AboutRes 2022-05-1168 Agreement with Project Advocates for Professional Project Management of the Anna Public Library ProjectCITY OF ANNA, TEXAS RESOLUTION NO. �-�--►�(o$ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF ANNA, TEXAS AND PROJECT ADVOCATES FOR THE ANNA PUBLIC LIBRARY PROJECT, AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Anna voters approved Bond Proposition B for a new public library in the May 2021 Bond Election; and, WHEREAS, the City has completed the public input and pre -design phases and is now seeking to begin the design phase of the project; and, WHEREAS, the City is seeking to contract with Project Advocates for professional project management services pertaining to the project; and, WHEREAS, the services provided by Project Advocates will be funded through 2021 Bond Funds; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization. The City Council hereby approves entering into and authorizes the City Manager to execute a professional services agreement with Project Advocates as shown in Exhibit "A" attached hereto. PASSED AND APPROVED by the City Council of the City of Anna, _ 1'�'lG, 2022. ATTEST: City Secretary, Carrie L. Land \\\\\Ilu u n r mare �� e"� �� •� �'' � � //�rrrl/l1f1111111151\\\��\'`, APPROVED: Texas, on this 1��day of ayor, Nate Pike PROFESSIONAL SERVICES AGREEMENT FOR PROJECT MANAGEMENT SERVICES STATE OF TEXAS § COUNTY OF COLLIN § THIS AGREEMENT is made and entered into as of the 10t" day of May, 2022, by and between the City of Anna, Texas, a Texas municipal corporation, with its principal office at 111 North Powell Parkway, Anna, Collin County, Texas 75409, hereinafter called "OWNER" and Project Advocates, LLC. with its regional office at 3833 Ridgetop Lane, Plano, Texas 75074, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 EMPLOYMENT OF CONSULTANT OWNER hereby contracts with CONSULTANT, as an independent contractor, and CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without limitation, the general services traditionally performed by a municipally retained or employed project manager including without limitation the services described under Article 2.A. of this Agreement ARTICLE 2 SCOPE OF SERVICES CONSULTANT shall perform the following services in a professional manner: A. CONSULTANT shall perform all those services as necessary and as described under "Scope of Services" as set forth under CONSULTANTS PROPOSAL, which is attached hereto and made a part hereof as Exhibit "A" as if written word for word herein and in addition: 1. Due Diligence 2. Design Management 3. Construction Phased Services PROFESSIONAL SERVICES AGREEMENT FOR Program Management SERVICES Page 1 of 10 B. CONSULTANT shall perform appropriate services set forth in individual task orders which shall be governed by the terms of this Agreement. C. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement or any task orders, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. ARTICLE 3 ADDITIONAL SERVICES Additional services to be performed by CONSULTANT, if authorized by OWNER, whether included in the above -described Scope of Services, are described as follows: A. Transitional Services B. Commissioning and LEED Management C. Assisting OWNER or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. ARTICLE 4 PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by OWNER and CONSULTANT and upon issue of a notice to proceed by OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule(s) established by OWNER, acting through its City Manager or his designee. ARTICLE 5 COMPENSATION A. COMPENSATION TERMS: 1. "Subcontract Expense" is defined as expenses incurred by CONSULTANT in employment of others in outside firms for services in the nature of, geotechnical evaluations, traffic engineering and other necessary support labor incident to the work required under the Scope of Services and Additional Services. PROFESSIONAL SERVICES AGREEMENT FOR Program Management SERVICES Page 2 of 10 2. "Direct Non -Labor Expense" is defined as that expense for any OWNER - authorized assignment incurred by CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by CONSULTANT herein, OWNER agrees to pay, based on a fixed monthly fee, for the overall duration of the project. It is specifically understood and agreed that CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by OWNER for any charge, expense, or reimbursement above any maximum not -to -exceed fee as stated within any specified task order, without first having obtained written authorization from OWNER. CONSULTANT shall not proceed to perform any services without obtaining prior written authorization from the City Manager or his designee. C. ADDITIONAL SERVICES: For additional services authorized in writing by OWNER in Article 3, CONSULTANT shall be paid based on the Schedule of , per the Add Service Amendment signed by both parties. Payments for additional services shall be due and payable upon submission by CONSULTANT. Statements shall not be submitted more frequently than monthly. D. PAYMENT: If OWNER fails to make payments due CONSULTANT for services and expenses within 60 days after receipt of CONSULTANT's undisputed statement thereof, the amounts due CONSULTANT will be increased by the rate of one percent (I%) per month from the said 60t" day, and, in addition, CONSULTANT may, after giving seven days' written notice to OWNER, suspend services under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require OWNER to pay the late charge of one percent (1 %) set forth herein if OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article 5, "Compensation." ARTICLE 6 OBSERVATION AND REVIEW OF THE WORK CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to OWNER any defects or deficiencies in the work of CONSULTANT or any subcontractors or subconsultants. ARTICLE 7 OWNERSHIP OF DOCUMENTS All documents prepared or furnished by CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and PROFESSIONAL SERVICES AGREEMENT FOR Program Management SERVICES Page 3of10 shall become the property of OWNER upon the termination of this Agreement. CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by CONSULTANT are intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein and by CONSULTANT at the time such information and materials are delivered, CONSULTANT is released from any and all liability relating to such use in that project. ARTICLE 8 INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. OWNER shall not control the means, methods, sequences, procedures, or techniques utilized by CONSULTANT to perform work or services under this Agreement or any associated task order. ARTICLE 9 AUDITS AND INSPECTION OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. CONSULTANT shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, CONSULTANT shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Anna. The cost of the audit will be borne by OWNER unless the audit reveals an overpayment of 1 % or greater. If an overpayment of 1 % or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by CONSULTANT which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in OWNER's sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. ARTICLE 10 INDEMNITY AGREEMENT PROFESSIONAL SERVICES AGREEMENT FOR Program Management SERVICES Page 4 of 10 CONSULTANT shall indemnify, save and hold harmless OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, that is caused by or results from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the CONSULTANT or the CONSULTANT'S agent, another consultant under contract, or another entity over which the CONSULTANT exercises control. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 11 INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. E. CONSULTANT shall furnish insurance certificates or insurance policies at OWNER's request to evidence such coverages. Except for workers compensation and professional liability, the insurance policies shall name OWNER as an additional insured, and shall contain a provision that such insurance shall not be canceled or reducted with respect to by coverages or endorsements without 30 days' prior written notice to OWNER and CONSULTANT. In such event, CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. PROFESSIONAL SERVICES AGREEMENT FOR Program Management SERVICES Page 5 of 10 ARTICLE 12 TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving 30 days' advance written notice to the other party. B. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to OWNER within 30 days after the date of termination. OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article 5 "Compensation." Should OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to OWNER on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE 13 RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their work; nor shall such approval be deemed to be an assumption of such responsibility by OWNER for any defect in other work prepared by CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE 14 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three days after mailing: To CONSULTANT: Phil Miller Principal Project Advocates LLC. 3833 Ridgetop Lane Plano, Texas 75074 To OWNER: Jim Proce City Manager City of Anna 111 North Powell Parkway P.O. Box 776 Anna, Texas 75409 PROFESSIONAL SERVICES AGREEMENT FOR Program Management SERVICES Page 6 of 10 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three days after mailing. ARTICLE 15 ENTIRE AGREEMENT This Agreement constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior or contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 16 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE 17 COMPLIANCE WITH LAWS CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE 18 DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 19 PERSONNEL A. CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with OWNER. CONSULTANT shall inform OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. PROFESSIONAL SERVICES AGREEMENT FOR Program Management SERVICES Page 7of10 B. All services required hereunder will be performed by CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE 20 ASSIGNABILITY CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of OWNER. ARTICLE 21 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 22 MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Exhibit A — Project Advocates Proposal of Services B. CONSULTANT agrees that OWNER shall, until the expiration of four years after the 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 OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Collin County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Phil Miller and Alma Zamora. However, nothing herein shall limit PROFESSIONAL SERVICES AGREEMENT FOR Program Management SERVICES Page 8 of 10 CONSULTANT from using other qualified and competent members of its firm to perform the services required herein. E. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by OWNER. F. OWNER shall assist CONSULTANT by placing at CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for CONSULTANT to enter in or upon public and private property as required for CONSULTANT to perform services under this Agreement. Additional information to be provided by the City is set forth in Exhibit "D" as if written word for word herein. G. CONSULTANT shall at all times maintain OWNER'S confidential or proprietary information in confidence and shall disclose same to third parties only as specifically instructed by OWNER. Any disclosure of privileged or confidential information by OWNER to CONSULTANT is in furtherance of OWNER's purposes and is not intended to and does not waive any privileges that may exist with regard to such information. H. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS HEREOF, the City of Anna, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSYLNT has executed this Agreement through its duly authorized undersigned yfficer on thi the 110th day of May 2022 Prbce, (MANAGER ATTEST: Carrie Land, CITY SECRETARY PROFESSIONAL SERVICES AGREEMENT FOR Program Management SERVICES Page 9 of 10 WITNESS: Project Advocates Phil Miller Principal PROFESSIONAL SERVICES AGREEMENT FOR Program Management SERVICES Page 10 of 10 Exhibit A April 1Z 2022 in ( PROJECT ADVOCATES PROPOSAL- Proposal Modification #1 Your Project. Our Passion. City of Anna Library This Agreement dated October 6t", 2021, between the Owner, City of Anna, and the Project Advisor, Project Advocates (PA), shall define the services and terms agreed to execute the services for the Project located in Anna, Texas, designed by the Architect TBD. The facility program has yet to be determined and the Target Value Design is $22,000,000. The Owner's Designated Representative is Greg Peters. The Project Advocate's Designated Representatives are Phil Miller and Alma Zamora. Due Diliaence: Project Advisor will represent Owner in a respectful and cognizant manner that is demonstrative of Owner's organizational culture and values. Identify the Project Charter objectives, location, size, general program scope, and any unique aspects. Work with owner to complete an initial Capital Expenditures Budget. Work with Owner Stakeholders from all departments to establish and maintain Owner's design standards. The scope of work is detailed below and shall include Project Scoping Exercise, establishing a Project Charter, Big Bar Schedule, and Cost Planning. Project Scoping Exercise: a. Working with the Neighborhood Services Department's consultant — Orange Boy, to define: i. Facility Use needs 1. Coordinate Library Tours 2. Develop a Choosing by Advantages (CBA) matrix of said libraries 3. Establish two libraries for comparisons ii. Space allocation iii. Technology services for a modern library & community center Establishment of a Project Charter: b. Preparation of a Detailed Project Charter, to be adopted formally by the City Council, including: i. Advise on Project Goals and Objectives 1. Based on the scoping exercise above ii. Provide recommended guidelines for 'Library Council' member selection, to be used as a starting point in the selection process. The 'Library Council' will have the following role in the project: 1. General input in the Architect selection 2. General input in the design aesthetics 3. General input on the Contractor selection iii. Public Input Process 1. Specific public input process, limitations, scope, and controls to allow for public input within specific time frames and with limitations Exhibit A April 12, 2022 (I r PROJECT ADVOCATES PROPOSAL- Proposal Modification #1 Your Project. Our Passion. City of Anna Library iv. Advise on Establishing Design Team Constraints 1. Defined role of the design team in the process 2. Design Team responsibilities and limitations on their authority 3. Recommended required experience, qualifications, capabilities, and key interview questions to be used in selection process 4. Specific design scope boundaries for the design team to stay within 5. Building Materials Scope - Use of readily available and cost-effective building materials (no rare or unreasonably difficult to acquire items which inflate costs and acquisition time) v. Design Team RFQ 1. Produce Request for Qualifications for the Design Team 2. Advertise and issue RFQ for Design Team Qualifications 3. Collect RFQ submissions and prepare a comparison report 4. With the City of Anna, review submissions, comparison report, and shortlist design team. vi. Produce Design Team RFP 1. Based on approved Project Charter, Project Big Bar Schedule, Cost Planner, and Orange Boy's Preliminary Report vii. Contractor Constraints Defined role of the contractor in the process a. Recommended method of bid/contracting for this project b. Recommended qualifications/requirements to be included in the Bid/SOQ/Selection process Initial Cost Planning: Project Advisor will represent Owner in a confidential, respectful, and cognizant manner that is demonstrative of Owner's organizational culture and values. Project Advocates will work with owner to complete an initial Capital Expenditures Budget. a. Preparation of a project cost plan for the project, including: i. Construction Costs ii. Cash Flow Analysis iii. FF&E Costs, including: 1. Furniture 2. Storage 3. Equipment 4. Books/Materials for public consumption iv. Engineering and Architecture (Design Services) Costs v. Geotechnical Analysis/Report/Recommendations Costs vi. Material Testing Costs 1. Soil/Geotech 2. Paving/Site Materials 3. Building Pad/Fill Exhibit A April 12, 2022 in r PROJECT ADVOCATES PROPOSAL- Proposal Modification ##1 Your Project. Our Passion. City of Anna Library vii. Building Testing Costs 1. Building Envelope Testing 2. HVAC Testing & Balancing 3. Building Commissioning The fee for Due Diligence Services shall not exceed $49,932, per services described above (plus reimbursable expenses up to $1,000 without prior approval, any expenses above that amount will be pre - approved). It is anticipated that the schedule to complete the Due Diligence Services shall not extend for more than 7 months from the initial meeting, of said project. If the time to complete is extended for any reason, both parties reserve the right to renegotiate the fee or terminate the Agreement. Reimbursable Costs during Due Diligence Services: All travel expenses, printing, permitting, design related consultant costs, project website & document management services, and any site related costs. Exhibit A April 12, 2022 in r PROJECT ADVOCATES PROPOSAL- Proposal Modification #1 Your Project. Our Passion. C►ty of Anna Library Proposal Modification #1: Design/Pre-Construction Services and Construction Phased Services April 12, 2022 This Agreement dated April 26th, 2022, between the Owner, City of Anna, and the Project Advisor, Project Advocates (PA), shall define the services and terms agreed to execute the services for the Project located in Anna, Texas, designed by the Architect TBD. The facility program has yet to be determined and the Target Value Design is $22,000,000. The Owner's Designated Representative is Greg Peters. The Project Advocate's Designated Representatives are Phil Miller and Alma Zamora. Basic Design (Pre -construction) Project Control Services: ■ Further Development of Charter ■ Further Development of Big Bar Schedule ■ Further Development of Cost Plan ■ Conceptual Design Management ■ Conceptual Cost Planning ■ Facilitate additional APLE Task Force meetings ■ Facilitate discussions on the subject of LEED Certification v LEED Design ■ Preparation of the Conceptual Design for City Council Presentation ■ Procurement of Consultant Services (Arch Team, Civil, Geo, CMT, Exterior Envelope) ■ Consultant Contracts to execution ■ Design Development Management ■ Design Development Cost Planning ■ Construction Document Management ■ Construction Document Cost Planning ■ Design Team meetings ■ Owner/Design Team meetings On Site (2 in -person per month) ■ Document review for constructability, coordination, and QA/QC ■ Certification/Programming ■ Permit/Zoning/Platting Efforts ■ Vetting of Potential Contractors ■ RFP for contractors ■ RFP analysis, interviews, and contractor selection ■ Negotiate Contractor contract to execution ■ Owner provided scope management (FFE, AVL, Signage, Artwork, Misc.) Exhibit A April 12, 2022 (I r PROJECT ADVOCATES PROPOSAL- Proposal Modification #1 Your Project. Our Passion. City of Anna Library The fee for Design Management/Pre-Construction Services shall be billed monthly at $15,353.00 (assumed duration of 12-months totaling $184,232.00) plus reimbursable expenses up to $2,000 without prior approval; any expenses above that amount will be pre -approved. It is anticipated that the schedule to complete the Design Management/Pre-Construction Services shall not extend for more than twelve (12) months. If the time to complete is extended for any reason, both parties reserve the right to renegotiate the fee or terminate the Agreement. Reimbursable Costs during Design Management/Pre-Construction Services: All travel expenses, printing, permitting, design related consultant costs, project website & document management services, and any site related costs. Construction Project Control Services: ■ Provide a monthly report of the project status ■ Review and advise on Change Order management ■ Perform Contract Administration (RFI's, ASI's, Daily Communications/Coordination) ■ Pay -application review and recommendations/approvals ■ Invoicing review and recommendations/approvals ■ Monthly Draw Summary preparation ■ Regularly Observe/Monitor construction activity every other week, on average ■ Observe/review construction quality and monitor GC schedule ■ Provide Field Observation Reports twice per month ■ Document review, updating, and constructability review ■ Soft Cost scope management ■ Attend OAC meetings. ■ Assist in punch list preparation and monitor completion. ■ Owner furnished scopes procurement (FFE, AVL, Signage, Artwork, Misc.) ■ Project Closeout ■ 11-month Warranty Walk The fee for Construction Phase Services shall be billed monthly at $15,374.00/mo. (assumed duration of 15-months Totaling $275,428.00) plus reimbursable expenses up to $3,000 without prior approval; any expenses above that amount will be pre -approved. It is anticipated that the schedule to complete all CPS services shall not extend for more than fifteen (15) months. If the time to complete is extended for any reason, both parties reserve the right to renegotiate the fee or terminate the Agreement. Reimbursable Costs during Construction Phased Services: All travel expenses, printing, permitting, design related consultant costs, project website & document management services, and any site related costs. Exhibit A April 1Z 2022 PROJECT ADVOCATES PROPOSAL- Proposal Modification #1 Your Project. Our Passion. City of Anna Library Terms and Conditions: Extent of Project Advisor's Responsibilities: The Project Advisor shall exercise reasonable care in preparing schedules and estimates. The Project Advisor, however, does not warrant or guarantee estimates and schedule except as may be agreed to in a separate agreement, as part of a Guaranteed Maximum Price contract. The Project Advisor is not required to design the Project within the Owner's budget or to ascertain that the drawings and specifications are so designed or are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Project Advisor shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Project Advisor. Conflict Resolution: Both parties agree to resolve conflicts starting with mediation. Both parties agree that liability and damage claims shall not exceed the value of the fees identified in this agreement. Termination: The Owner may terminate this agreement with thirty (30) days written notice with or without cause and the Project Advisor may also terminate the agreement with fourteen (14) days written notice if payment terms are not met or agreement is extended past the agreed upon schedule for the preconstruction phase services. Project Advisor shall be paid for all services provided up to the date of termination plus reasonable demobilization costs. Payment Terms: Services and fees are to be provided as authorized and shall be invoiced monthly as a prorate amount of the fixed fee over the agreed upon duration of the project or as incurred if engaged for hourly services. Invoices shall be paid within thirty (30) days of receipt. The undersigned agrees to the terms of this agreement hereby gives notice to proceed with executing the Preconstruction Services. CLIENT, BY: TITLE: DATE: Project Advisor, Project Advocates BY: TITLE: Principal, Project Advocates DATE: May 3rd, 2022 6� '• i �5: �! �. �, r �� -: � � ;� � ' i ,' I . �� ` `_ �.�� i�- Overview • Library History/Process • APLE Task Force Efforts • Public Engagement Process • Project Charter Development • Charter— Key Items • Next Steps �� -�� \ �.- ��: ., 2 �r I'RUJE:C1' ADVUCATGS ...,.,rt, �:.ti„ 5/5/2022 Library Process • May 2021—Voters approve Bond to fund a new City Library with a budget of $22M. • Summer2021—City prepares financial documents and completes processes to issue first round of debt service to fund Bond projects, • Fa112021—Councilapprovesagreements,creating the Library pre -design team: • ProJect Advocates • 720 Design • Fa112021—Councilselectedataskforce comprised of Anna neighbors to begin defining the project needsforthe Library. • Wlnter2021—Spr1ng2022—theAPLETaskForce works to define the "WHAT" of the project, which is the major components of the project which meetthe needs of the community. U��?�o'� 3 APLE Task Force Efforts • In -person and virtual meetings • Research & review of modern library programs • In -person group library tours in DFW and Central Texas • Community outreach • Development of community survey questions and outreach processes • Review of community feedback and data • Ranking and selection of library components • ProJect Charter Development Many Task Force members gave 100+hours of their personal time toward this process over the last 4-1/2 months /�y3�4�1 m 5/5/2022 The Anna Public Library Engagement (APLE) Task Force tou red: � ' John and Judy Gay (McKinney)Library `• � Cozby (Coppell) Public Library ��-. Plower Mound Public Library --—.----- - East Arlington Library ` Central Arlington Library Austin Public Central Library Seguin Public Library San Marcos Public Library Hewitt Public Library Tours included discussions with library staff to determine: • What works well? What doesn't? • What would you have done dijferently7 • What do visitors use the most/least? L� f� 3 5/5/2022 Future Anna Community Library � .� it log i7i „� A<Irdues VutWDsats Averase resnaa+<, Engagement Oo you use anolllar LlbraryT (check all that opply) Response options w, .,.'o'u:,,l ,,,,.,r„r. Idexlnney Community Llbmry ^"s" Flellssa Publk Library «rW �� Van Alyslnc Idon't many llbrrry I use another library not listed Do you Ilve in fire City o(Anna� -- - _._ _ I Response options Yes No tm► Yes Ito Count Pcuenlage a0 154u OS 7140 11 0;5 7T IleN I6 Ilio Arcade/Gaming x9 Walking/Jogging Trail x3 (Shopping xl4 City Pool Dike Trail x3 Library x13 Computer Classes Amphitheatre x3 Movie Theater x12 Ubrary Downtown Square Restaurants x11 Musle_Roo_m Parks with Shade trees Meeting Spaces x9 _ Seminar Rooms Downtown Square Area Community Room x7 Gaming Museum Spaces Recreation Center xG Arcade Arts/Fabric Store Community Theater x2 Dowling Alley Volleyball Court Senior and Social Center x2 Doard Games "Chill" space Music/Orchestra x2 business Center (copy/fax/scan) Dances x2 Drawlltg/Art Classes botanical Gardens Pftllosophy Club photography Classes Dog Park Civic Auditorium Second Language Class Exhlblt Space Art Shows Activities for Kids butterfly Garden Public "Ilang Out" Space Discovery Center Homeschool Roam Maker Space Nutrition Center Indoor Fun Drawing/Art Class / �1(O� ....nuui.e,.n Lai 5/5/2022 c Flexible Spaces LMurals by local artists Baby Friendly Spaces Space for all sizes of PreservatJon of the History Adequate Parking meetings Build a commtmlty Opportunities to volunteer Minimize Carbon Footpr(nt/Solar Powered Center Reading, learning, music lessons, gardening Water Feature Multi -purpose spaces Event Center and a Loty or No cost Programs Space for Food Trucks Library Kitchen skills Comfortable seating Concer[ spaces Horseshoe Game area Focal Point Keep Seniors In Mlnd Extended hours for the Whole building Bunco Room Lots of Windows —natural light Local artist displays Vletvs In and out Aesthetically respectful to Anna's Heritage 'Emergency cooling and heating stations What are the three (3) most important GATHER ,,,,,, r„I,,,,� Response options /!I�nrrk��Jm Ailt4 [llllt� rl,,.,�,m CnnIIJfM<annn mc�pse,araw�n 10 the new Anne Library? Count Percentage Multi -purpose Activity Room # 1 62 27% Arts &Crafts Classroom # 2 54 234�0 Dedicated StoryTime Activity Room 29 139'0 Conference Room 3G 164'0 roup Study Room 50 229'0 �i ?� (p,® 75°0 Engagement 231 Responses 5/5/2022 L� �� 11 What arethothree(3)mostlmportantLEARN NG&INTERACTIVEspac slnthenewAnnaCommunityCommunlly Llbraryl ' Response opllons Count Percentage { `� Family Reading 25 1196 Engagement EadyLearningRoom `� ^ 13 G9b � STE(a)Al Learning Areas TT 2 42 I895 �,�� Inlenclive Play TTTTTTTT 28 1296 235 Access to Technology �� 4] 1g96 Responses Robollcs I2 596 Teen Acllvlty Nea #3 37 lL9S Study/1lomework/Homeschool5paces 35 I596 �Qmf7fiS�G�If9GG�`/t=��I►:�- Whet erethethree (3) most Important COh1MUNITY LIVING ROOM spaces In the newAnna Commtlnity Llbraryl e✓4saiant Responseoplions Count Percentage ersetfud Qulet Rcacling Raoin 52 24°b xwrrw' Engagement srwr,nrwns Irtdlvidual Study Podi 51 2345 rr,r« I o„nrcn« � Study�Roadhtg Nlches 58 264b �1 yy (1 � RoadingDeck .f..{.� SB 2G°,b 219 jj--�� Responses ►1 i f�T tT_ _- I �, t_ �e`� �� i'`^. `` +Ir, m�� r�� 12 5/5/2022 r — _.. Iil%t+ ,r 13 14 It are tho throe (3) most Important TECHNOLOGY paces ht the nowNuta Community Library? ,,,,,,,,,,;,, Responseopllans PcrcenWg� ..w n �-}�2 �..•..ww, LIUmry Provided Technology TT J 149a . _ � � Tech Vending 396 �� ,«, Tech Vending/ChargingLocker 596 __ .._ _. CollahoraUon hrstiuclion Arca/Room #2 1594 I�lakcrspaco •i�-') 2496 Video orAudlo Recording 5ardlo ff• 1 1195 Coding, eSports, oGaming 109E In[cracUvc VR/fd R 696 CheckautTechnology 1296 Witatarethetltreo(3)mostimportan TRENDS nthonowAnnaCommunityLibrary7 .,.,,��` I Response options Count Parcenta Idohlle DemonslraUon Hitchen 39 1746 Is to check out and use 34 159E FKtondod Hours CommonsSpoce II 1 53 23°k Drive through Return and Service Window 34 1596 24 hour Plck Up LockCr 30 1396 LocalHlstoryDlsplays T�I'J 35 1596 LocalHlsloryRoom � 1 096 74';J Engagement 230 licsponses ?396 Engagement 226 Responses AJter•hours keycard nccess M_ I _- -__® _ t #�;1 _ _� #2�a�.,,, _ �pp�; �� #3 �- - - ' �..r � � Fit �.,� ''��r. • �� .___-9 � yfL .a• - � _ ._ �;, 9YJ 7 5/5/2022 Wlrat ore tiro three (3) most Important OUTDOOR spaces in the newAnna Community Llbrnry7 ,_� , ,� Respmueoptlons Count Percentage Outdoor Reading Porch iT"� 45 2tr7o Outdoor 5tudy/s'lork Spaces 31 1M196 Program and Performance Spaces � � 37 1796 Music Garden 25 1l% OuldoorSTEIA)m 1G 796 OuldoorClassroom lA 690 OutdaorCommunityGnthering5paces Tf'� 55 459b 73"6 Engagement 223 Responses - � i r� � _ - -- -- Y 'T�Ir�I� �k9 I''..� I �¢� ,�� d�, __�_- mull I�IIII�II II�� `` � �:: ��;; � `�`' , , r , ., `"' f �.�: i r�� -.� 15 • The library can be a catalyst for development and help to bring life to downtown. • Anna is the last blank slate in Collin County. This offers groundbreaking opportunities, • The library could play a role in attracting businesses to Anna — good schools, good libraries, good quality of life, • The library should reflect the unique nature of the community —maybe tie Into the Heritage Square and trains — ti9e city would support a unique solution, • The library can act as a social equalizer. • Be a safe place. • Lessen the learning loss over the summer. • The city is growing really fast and it's not as easy to know your neighbors. The library can foster a sense of community. • The ISD Is creating a Mal<er Culture of entrepreneurs. • Kids that excel are kids that read • The spirit of Anna: • A place to come together, • Gathering spaces. • What can I learn from you? • A place to talk to your neighbor. _ • Odd but special. jf�,�,)�� V �^ .. 16 5/5/2a22 17 Draft Project Charter • Project Description • Facility Goals • Program Goals • Community Goals • Team Goals • Schedule Milestones • Project Team • Communication Objectives • Cost Planning Objectives 1II R�,�,. f Altna F'/,1, uuu couuwftt uanenr vnaecrnunrcn Jmu4Y q.�ii�nM.iNWvr�ri•1 ¢riwl • fW+Illufliu>. . fpgnl OliIIl.nuil0irolY rlMWi•i OI iLY . fc�A.11 OITY)imT0110I.' � oirni�an:.• . ,«mow Mir_:_ nwnllf+wi+samlwa.of mm.m,...ty,..du.iim,r.,o -�no,..,,,.w«n.. r...i+�l►+a swp In.• 5/5/2022 Facility Goals • Satisfy the needs of a projected population of 50,000 by 2036 • Provide a facility that is Inviting, fun, and welcomingto the community • Exceeding the public's expectations concerning the design, quality, and energy efficient materials, while being fiscally resaonsible • Address the ever -changing diversity within the growing population while keeolns the bulldlnQ unique to Anna • Emphasize versatility and efficiencies, along with a earnln atmos ere • Provide a connection to the outdoor environments • Emphasize technology Infrastructure including RFID (check-out system) • A safe place for the community Including emergency generator access (warming statioh) • Areas open for extended hours • WIII not Include a storm shelter, will not serve as a red cross site • Incorporate energy efficient design and optimized systems • WIII not Include a full commercial kitchen • WIII have space allocated for demonstration kitchen • High-techmultiouraose collaborationsoaces • Desianatedfamilvsoaces • Ahubofconnectivitvfreetothecommunity _ Qj 19 20 5/5/2022 Schedule Milestones Q2 2o22 Finalized Project Charter for City Council Approval Q3 2022 Design Team Selection and engagement Q3 22 - Q2 23 Design Phase Q3 2oz3* Contractor selection and engagement Q3 23 - Q4 24* Construction Phase Q3-Q4 2024* Owner occupancy Q12o2s* Public opening Cost Planning Objectives Plan, Design, and Build to the overall budget of $22,000,000 • We will design to a budget, not budget for a design �i% j1 �o) . zs Library Team Roles in the Next Phase City Staff • Oversees all consultants and contractors • Ensures the project moots Charter and Council Goals • Provides Owner Input on all design and construction decisions • Directly manages the civil engineering, geotechnical engineering, landscape architecture, utility/drainage/paving system design, and construction Protect Advocates (Next contract phase -May Council Meeting) • ProJect Driver (keep it moving forward) • Stakeholder Coordination • ProJect Scheduling • Budget Management &Cost Estimating • Process management: • Consultant Selection • Bld Process • Contractor Selection &Daily Oversight 720 Deslen (Next contract phase -May Council Meeting) • Space planning & programming • Conceptual exterior design to establish vision the Architectural Team will follow • Interior design, furniture selection, lighting design, coordination of interior building systems Architectural Team 1TBD) • Plan Production • Design of Exterior Shell and Structure • Design of major building systems (HVAC, plumbing, electrical) 22 11 5/5/2022 f�)l��)�C-r' 23 Library Team Actions • April -May • Space Planning &Programming exercises to establish interior spaces and building footprint • Engage civil engineer and geotechnical engineer • May -June • Conceptual design of exterior • July -August • Architectural team interviews • Landscape Architect interviews • September • I<icl<-off full design project 12