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Home My WebLink AboutRes 2014-11-07 RFQ Architectural Services.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2014-11-07 A RESOLUTION AUTHORIZING A REQUEST FOR QUALIFICATIONS (RFQ) FOR ARCHITECTURAL SERVICES. WHEREAS, he fiscal year 2015 budget includes funding to select a qualified architect to develop conceptual designs for a new city hall facility based on the recently updated facilities needs assessment; and WHEREAS, funds for this project will come from the General Fund unrestricted Fund Balance; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authorization of RFQ The City Council hereby authorizes the City Manager to issue the Request for Qualification for architectural services, attached hereto as Exhibit 1, and incorporated herein for all purposes. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 13th day of November 2014. APPROV D: ATTEST: Mike Crist, Mayor Nat a Wilkison, City Secretary ''+' peg'•.....•'••• ��\ ft��rA�tllIll 111141\,\, RES. 2014-11-07 Request for RFQ Architectual Services PAGE 1 OF 1 11-13-14 Request for Qualifications for Pre -Design Services for a New City Hall City of Anna, Texas Date November 14, 2014 Due Date December 11, 2014 at 3:00 pm The City of Anna is seeking a consultant to assist in the design and construction of a New City Hall. As part of this project the City would like the consultant to assist in the exploration of development options which could include working with a developer and/or a stand-alone building. 1. Background The City of Anna has an estimated current population of 11,000 up from 8,100 in 2010. An updated Space Needs Assessment was completed in February of 2014. This study indicated the City will need a City Hall of approximately 30,000 SF as it grows to 25,000 population which is estimated to be in 2025. An additional 7,000 SF would be needed for the 50,000 population milestone. 2. Scope Pre -Design Services 1. Review Space Needs Assessment and Provide Program of Spaces and discuss adjacencies and flows in City Hall. 2. Meet with City and possible Developers to discuss options the city might explore. 3. Provide two to three conceptual designs as directed by city. 4. Provide opinions of cost for these options. 5. Provide images of selected option for Bond Elections information as needed. Continued Services Once bond approval or other method of financing is secured, the city may elect to provide written notice to the consultant to provide continued services for design and construction. A continuing contract will be negotiated at that time. 3. Criteria The purpose of this RFQ process, is to identify qualified firms that are the most capable of providing the described services. The RFQ submittal should be organized to clearly address the following criteria which, among others, will be used in the evaluation of qualifications: Page 1 of 4 • Prior experience with public sector clients for projects of similar scale and complexity • Professional qualifications of individuals assigned to the project • Design philosophy and approach to design in general • History of effective schedule and budget management for project of similar scale and complexity • Use of the processes that creatively engage the various City departmental staff and other stakeholders in all stages of design • Commitment to developing an energy efficient and healthy building The contract will be awarded to the most responsible firm whose proposal will be, on an overall basis, most advantageous to the City of Anna. Qualifications, experience, and performance factors will be considered as elements of a responsible proposal, the determination of which shall be at the sole discretion of the City of Anna. The City's selection decision is not subject to recourse action. 4. RFQ Response Format Each response shall be submitted as outlined in this section. Please include an outside cover and/or first page, the name of the Project, responding company and the contact for this RFQ. A table of contents should be next, followed by dividers separating each of the following sections: a. Divider #1: Cover Letter The first page following the divider shall be a letter transmitting the response to the City. At least one copy of the transmittal letter shall contain the original signature of a partner, principal, or officer of the Respondent. b. Divider #2: Firm Information 1) Firm name, addresses, and telephone numbers of all firm offices. a) Identify which office in which the majority of the work will be done 2) Structure of firm, i.e., sole proprietorship, partnership, corporation, and size of firm. 3) Years firm has been in business. 4) Names of principals in firm. 5) Primary contact for this project and location of this person 6) Documentation that the firms on the Architect's team (architects and engineers) are registered in the State of Texas. 7) A brief history of the Architect and the services routinely provided in-house on municipal (or related) building projects. 8) An organization chart that explains team member responsibilities and location. 9) The resumes of all persons to be assigned to the project with their prospective roles identified. 10) Provide Information on proposed consultant firms and resumes of key personal. Page 2 of 4 c. Divider #3: Legal Status, Contract and Insurance 1) List any actions taken by any regulatory agency against or involving the firm or its agents or employees with respect to any work performed. 2) List all litigation against or involving the firm or its agents or employees with respect to any work performed. 3) All insurance coverage that the firm has which would be applicable to the work. 4) The Professional Services Agreement attached in the Appendix will be the one used for this project. Please note in this section any issues or exceptions you will request. d. Divider #4: Experience and References 1) Discussion of Architect's experience in working with Government Agencies. 2) List of representative Municipal (and Governmental) projects, whether ongoing or completed, including references. Please begin with projects in Texas. For each, please provide: i. Project name and location ii. Year completed iii. Short description of project iv. Names, addresses, and phone numbers of owner and contact person tasked with daily responsibilities of project. 3) List of all projects currently under contract or awarded approximate construction value and phase they are in. e. Divider #5: Management and Organizational Approach — please describe your management and organization approach to the project. The following should be addressed within this description: 1) Please describe your firm's understanding of the project. 2) Describe how the firm will organize to perform the services. 3) Describe how the firm will solicit in the design phases the interested stakeholders. This could include community residents, City Council, staff and users. 4) Describe the architectural team's approach to communication with the City. 5. Submittal Deadline The City will accept Responses to this RFQ until 3:00 pm on December 11th, 2014 after which time all Responses timely received, will be publicly opened, and the names of the Respondents read aloud. Responses received after that time will not be considered and will be returned unopened. 6. Place for Submission: One (1) original and five (5) copies and one (1) electronic version of the Responses must be submitted to the following address by mail or in person as follows: City of Anna Attention City Secretary 111 North Powell Parkway Anna, Texas 75409 (972) 924-3325 Responses will not be accepted by email or facsimile. It is the responsibility of each Respondent to make sure Responses are submitted in a timely manner. The City is not responsible for delays in mail delivery, or failure of couriers to deliver Responses prior to the expiration of the deadline for submission. The City shall not be obligated to reimburse any expenses incurred by the Respondent in preparing a Response, which is not accepted or considered. 7. Please refer Questions by email or phone to the City's RFQ Coordinating Consultant: Melissa Brand-Vokey BN Architects mbv@bv-arch.com (972) 741-3705 Email intent to respond to mbv@bv-arch.com to be included in pre -submittal correspondence. 8. Reservation Of Rights, Terms and Conditions This RFQ does not commit the City of Anna, Texas to award a contract, to pay any costs incurred in the preparation of proposals to this request, or to proceed with design and/or engineering services. The City of Anna reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel in part, or in its entirety, the Request for Qualifications if it is in the best interest of the City of Anna. The City may require the selected candidate to participate in negotiations, and to permit such price, technical or other revisions of their proposals that may result from said negotiations. 9. Appendix A. City Hall portion of the 2014 City of Anna space needs assessment B. Proposed Professional Services Agreement. Page 4 of 4 Anna Citywide Needs Assessment Update Total City Hall February 2014 15,000 Area Additional 25,000 Additional 50,000 Staff Requirements Staff Area Requirements Staff Area Requirements City Hall _ Public Lobby 1 1,470 p 390 0 585 CouncitlCourtroom 0 2,522 0 1,648 0 780 Court Administration 3.5 1,413 0 104 1.5 100 Utifity Bilfing/Cust. Service 2 798 1 1 100 City Manager 3 1,812 0 2 546 Economic Development 2 572 0 - 2 559 Personnel 1 312 2 754 1 270 Information Services(IS) 1 312 0 364 0 - Finance 4 1,360 1 187 3 608 City Secretary 1 1,001 l 837 1 270 Recreation Administration 0 - 2 620 0 - Development Services 7 2,685 1 130 0 260 Health/Code Department 1 169 3 681 2 364 Building Support 0 1,942 0 0 1,006 26.5 16,368 11 5,716 13.5 5,450 30% Building Circ. Factor 4,910 1,715 1,635 7,431 7,084 Total City Hall Square Footage 21,279 Total City Hall 27 21,2791 11 7,4311 14 7,084 Total City Hall 26.5 21,279 38 28,710 51 35,794 Future Courts Corot Administration 2 356 Court Lobby _ 0 1,802 Courtroom 0 3,882 2 6,040 40%Building Circ. Factor 2,416 Total Courts Square Footage 2 8,456 Total City Hall and Future Court 53 44,250' February 2014 Anna Citywide Needs Assessment Update , Requirements Data Sheet Item Description Public Lobby/Councll/Court 15,000 Population 25,000 50,000 Area Requhements Add'lArea6Req. Add'] Area Req. Current Space Unit € Unit No. Total No. Total No. Total Staff Code Size Area Staff Spaces Area Staff Spaces Area ;Staff Spaces Area =Public Lobby Vestibule 80 - 1 80 Lobby w/ waiting (3 0) 30 15 450 1 10 300 15 450 Display 2x10 20 _. 1 20 Payment/Info Kiosk 25 1 25 Information/Switchboard WS5 9x9 108 1 1 108 - - VotingMachine Storage 9x12 108 1 108 Toilets (2 stalls) 165 2 330 ; - - Drit*ingFornWin 10 1 10 :Net Subtotal 1 1,131 , 300 450 F 30% Circulation 339 ; _ 90 ;__ 135 Total Gross Sq. Footage s 1,470 390 � a 585 Public Lobby 1 1,470 390 585 Total at 50,000 1,860 i 1 2,445 ,Council/Comtroom i Conference (4) 120 1 120 ` Sound/Secuu-ity Vestibule 100 1 100 ; - - Seating (30-80 Seats) 20 30 600 20 400 30 600 CouncilDias (7+2)/ Judge 20x40 800 0.5 400 0.5 400 StaffTables 200 1 200 _ Television/ AN Control 80 1 80 , Exec Conf/ Jtuy 30 12 360: 4 120 Storage — 80 - 1 80 _ - - Toilet (Single) 72 - 2 1441 - Kitchenette 150 �- 1 150 - Storage 54 - 1 54 E� Nct Subtotal 1,940 ° 1,268 _ 600 ;30% Circulation 582. 380 180 Total Gross Sq. Footage 2,522 s 1,648 1 780 CounciUCoultroom 2,522 1,648 780 Total at 50,000 4,170 r 4,950 Exist Council Room (950 SF) I O Peak Users to be Accommodated- .- February 2014 �j Anna Citywide Needs Assessment Update Requirements Data Sheet jitem Description Current Staff Space Code Unit Size Unit Area 15,000 Population 25,000: 50,000 Area Requirements Add'l Area Req. Add"l Area Req, i No. Total No. Total No, Total Staff Spaces Area Staff Spaces Area f Staff Spaces Area i rCourt Administration Queuing Area 10 10 100 Clerk Window 1 80 1 2 160 Work / Copy/Scan 80 1 80 Records 80 1 80 1 80 Clerk WS3 7x8 77 1 1 77 Warrant Officer WSS 9x9 108 0.5 1 108 - 0.5 - Administrator PO4 12x15 180 1 1 180 : - - Juvenile Records 25 1 25 s = Storage 80 1 80 Break (Share with Cost Serv) 120 1 120 ' - - Judge 0.5 WS3 7x8 77 0.5 1 77 Prosecutor 0.5 WS3 7x8 77 0.5 1 77 !Net Subtotal 2 3.5 1,0878— ; 0 1.5 77 30% Circulation 326 24 23 'Total Gross Sq. Footage 1,413 i 4 — 0 Court Administration 3.5 1,413 104 15 100; Total at 50,000 _ 5 1,617 x Utility Billing/Cust. Service f Queuing Area 10 10 100 Cust Service Rep. Window 1 80 1 2 160 1 - - i Cast. Serv. Super. 1 P03 12x12 144 1 1 144 - - Cust Service Rep. WS3 7x8 77 1 1 77 Work/Copy 80 1 80 Files 50 1 50 - - Storage 80 1 80 ;Net Subtotal 2 2.0 614 1.0 - 1.0 77 30% Circulation_ 184 ; 23 =Total Gross Sq. Footage 798 - 100 Utility Billing/Gust. Service 2.4 798 1.0 10 100 Notal at 50,000 798 4 898 a O Peak Users to be Accmnmo&ited,:. --. _. ... _. s .. February 2014 Anna Citywide Needs Assessment Update III� Colty Manager and Economic Development Requirements Data Sheet 15,000 Population 25,000 50,000 Area Requirements Add`l Area Req. Add'l Area Req. ` Current Space Unit Unit No. Total No. Total € No. Total i ' Item Description Staff Code Size Area Staff Spaces Area I Staff Spaces Area Staff Spaces Area City Manager Waiting _ - 20 5 100 Admin Asst 1 WS6 9x12 144 1 1 144: Asst to CM 0.5 WS6 9x12 144 1 1 144 Files 50 1 50 CityManagcr 1 P06 15x22 330 _ 1 1 330 x j Coat Closet 6 1 6 Deputy City Manager P05 12x20 240 - ..1 l 240 Public Information Officer PO4 12x15 180 1 1 180 Conference (12) _ 14x24 336 1 336 WorWCopy( at City Sec.) 10x12 120 Coffee/Coats 60 1 60 Toilet (Single) 72 2 144 # a Storage/files 80 1 801 - 1 :Net Subtotal 3.0 1,394 2.0 420 2.5 30% Circulation . 418 ` 126 Total Gross Sq. Footage i 1,812 - 546 City Manager 3.0 1,812 : - 2.0 546 Total at 50,000 5 2,358 iEconomle Development 1 P05 12x20 240 1.0 1 240 - - Economic Dev. Director Assistant 0.5 WS4 7x10 100 1 2 200 - 2.0 2 200 Waiting 20 5 100 Conf (access to) Files — 50 1 _ 50 j Storage 80 _ 1 . 80 °;. ;Net Subtotal 2.0 440 = - 2.0 430 1.5 30% Circulation 132 $ __ 129 ° [Total 572 a - 559 ;Economic Development 2.0 572 - 2.0 559 Totalat50,000 f 572 4 1,131 O Peak Users to be Acconmtochted February 2014 Anna Citywide Needs Assessment Update w Requirements Data Sheet 15,000 Population 25,000 50,000 Area Requirements Add'1 Area Req. Add'1 Area Req. _. Current Space Unit Unit No. Total No. Total i No. Total Item Description Staff Code Size Area Staff Spaces Area Staff Spaces Area ? Staff Spaces Area ;:City Secretary Waiting 20 3 60 s Public Records Review WS2 7x7 70 1 70 ; ' City Secretary I P05 12x20 240 1 1 240 City Room 500 - 1 506 Mayor's Office P03 12x12 144 - Asst. City Secretary WS6 9x12 144 - 1 1 144 Admin. Assistant WS5 9x9 108 1 108 Files 100 1 1001 _ 1 100 Fireproof File Storage 120 1 120 Work/Copy(shared) 120 1 120 s - - Storage 60 1 60 :Net Subtotal 1.0 770 1.0 644 1.0 208 1 ,30% Circulation_ 231 ; 193 ` 62 Total Gross Sq. Footage 1,001 € 837 ; 270 City Secretary ; 1 1,001 1.0 837 " 1�.0 270 Total at 50,000 1,838: 3 2,109 Recreation Administration 20 5 100 _ Waiting Director PO4 12x15 180. _ 1 _ 1 180 = Coordinator WS3 7x8 77 1 1 77 Storage 60 1 60 Files 60 1 60 Net Subtotal - 2.0 477 - 30% Circulation 143 ,Total 620 Recreation Administration 2.0 520 Total at 50,000 2 620 O Peak Users to be Accommodited,. ,... _ _ ... _.. February 2014 Anna Citywide Needs Assessment Update Requirements Data Sheet 15,000 Population 25,000 50,000 Area Requirements Add'1 Area Req. Add'I Area Req. i Current Space Unit Unit No. Total No. Total No. Total jtem Description Staff Code Size Area Staff Spaces Area ` Staff Spaces Area Staff Spaces Area Personnel Waituig/Application 20 - 5 100 # - AdminAssist WS5 9x9 108 1.0 1 108 Personnel Coordinator 0.5 P02 l Oxl2 120 - 1 1 120 Files 100 1 100 1 . 100 Director/Manager P05 12x20 240 1 1 240 Analyst 0.5 P02 10x12 120 1 1 120 Storage 80 1 80 ID Photo/Security 60 1 60 Net Subtotal 1 1.0 240 ':. 2.0 580 1.0 208 1 X30% Circulation 72 = 174 62 Total ., 312 F 754 270 j i Personnel 1 312 2.0 S 754 10 # 270! T6talat50,000 4 1,336 E ?Information Services(IS) PO4 10x14 140 1 1. 140 - - Network Administrator Work Room 200 - 1 200E - Techs WS4 8x8 88 Server Room 100 1 100 i - Storage 80 1 80 Net Subtotal 1.0 240 280 - 30% Circulation 72 1 84 Notal 312 F 36 - t 'Information Serviees0s) 1 312 364 - ;Total at 50,000 i _ 676 1 E 676 r ,O Peak Users to be Accommodated,. _.. : Gohri iorw 101 A... ,.� Anna Citywide Needs Assessment Update Requirements Data Sheet Item Description Current Staff Space Code Unit Size Unit Area 15,000 Population 25,000 Area Requirements Add'I Area Req. No. Total 4 No. Total r s Staff Spaces Area = Staff Spaces Area ? 50,000 Add'I Area Req. No. Total Staff Spaces Area Finance Waiting 20 3 60 Acct. Clerk 0.5 WS4 7x10 100 1 1 100 - 1.0 1 100 Conf(8)/Audit 11x18 198 1 198 Director of Finance 1 P05 12x20 240 1 1 240 i - - Accountant 0.5 P03 12x12 144 1 1 144 - 1 1 144 Budget P03 12x12 144 - ; 1 1 144 i 1 1 144 PurchasingAgent/Files P03 12x12 144 1 1 144 - - Cash Count/Safe 80 1 80 Storage 80 1 80 Fifes_ 80 1 80 ,Net Subtotal 2 4 1,046 ? 1 144 i 3.0 468 ,30% Circulation 314 ? 43 < 140 � Total 1,360 187 y 608 Finance 4 1,360 1.0 1,87 3,0 608 .Total at 50,000 1,547 '8 2,155 OPeak Users to be Accommodated.. .... _. _._ .. ._ €. February 2014 Anna Citywide Needs Assessment Update Requirements Data Sheet 15,000 Population 25,000 50,000 Area Requirements Add'l Area Req. Add'l Area Req. s Current Space Unit Unit No. Total No. Total No. g Total i Item Description Staff Code Size Area Staff Spaces Area ;Staff Spaces Area i Staff Spaces Area ;Development Services 336 26 5 100 _ Waiting Conference (12) 14x24 336 1 336 Admin. Asst./Clerk l WS6 9x12 144 1 1 144 Files (300 new bldg) 200 1 200 1 200 Copy/Plotter 80 1 80 - DnectorofDev. Services 0.5 P05 12x20 240 1 1 240 - - Planners 2 PO4 12x15 180 2 2 360 Sr. Planners PO4 12x] 5 180 1 1 180 Building Official 0.5 P05 12x20 240 1 1 240 - - Tech WS4 7x10 100 1 1 100 1 1 100 - Conce/Coats 25 1 _ 25 - 1 S - Supplies/Storage 60 1 60 ;Net Subtotal 4 7.0 2,065' 1.0 100 200 30% Circulation 620 ; 30 60 F Total Gross Sq. Footage 2,685 ° 130 ' 260 {Development Services 7 2,685 1.0 130 260 Total at 50,000 8.0 2,815 ` 8 3,075 ''Mealth/Code Department _ Admin. Asst WS6 9x12 144 - 1 1 144 • - Code Enforcement WS4 7x10 100 1 1 100 1 1 100 1 1 100 Sanitarian/inspector PO4 12x15 180 - 1.0 7 180 1 1 180 Lab/Storage _ 100 1 100 Files 30 1 30 - - ;Net Subtotal 1.0 13� 52� 280 130% Circulation 39 ; 157 ; 84 'Total Gross Sq. Footage 169 ? 681 # 364 Healtb/Code Department 1 169 3.0 681 2.0 364 Total at 50,000 f 6 1,214 O Peak Users to be Accommodated ` _... .... _.. _s February 2014 Anna Citywide Needs Assessment Update Building and Staff SuppoIrt Requirements Data Sheet 15,000 Population 25,000 50,000 Area Requirements Add'1 Area Req. Add'] Area Req. Current Space Unit Unit No. Total No. Total No. Total 4temDescription Staff Code Size Area Staff Spaces Area Staff Spaces Area i Staff Spaces Area Building Support Break 20 20 400 - 10 200 Kitchen/Vending 80 1 80 i - - Storage 60 1 60 Toilets (2Stalls) 162 2 324 a - 2 324 CentralCopy/Mail 100 _ - - 1 100 Mechanical 200 1 200 Central Electrical 80 1 80 - - Sprinkler 60 1 60 General Storage 150 1 150 ; 1 150 Building Conhol/Engincer 60 1 60 - - Central Janitor 80 1 80 Net Subtotal 1,494 - - 774 1 j30% Circulation 448 232 F Total 1,942 1,006 `Building Support 6 1,942 0 0 0 1,006 " Total at Milestones i 1,942 0 2,948 y O Peak Users to be Accommodated 1 February 2014 Anna Citywide Needs Assessment Update =1 " 1afflif=w, Requirements Data Sheet i Item Description Current Staff Space Code Unit Unit Size Area 15,000 Population Area Requirements No. Total Staff Spaces Area 25,000 50,000 Add'I Area Req. Add'1 Area Req. No. Total No. Total > Staff Spaces Area ''"s Staff Spaces Area F ;Future Court Addition Lobby r Vestibule 80 1.. 80 t Lobby w/ waiting (3 0) 30 - _ - 30 900 Toilets (3 stalls) 198 .. - - 2 396 Drinking Fountain 10 1 10 NetSubtotal - s 1,386 30% Circulation _... __ _ # 416 ;Total Gross Sq. Footage - 1,802. Futu a Court Addition Lobby - - 1,802 Total at 50,000 - _.. 1,802 Future Courtroom Conference (4) - 120 - 2 240 t Sound/SecuuityVeshbule 100 - 1 100 Sign In desk WS1 3x6 36 1 36 Seating (60 Seating) _ 15 _ 60 900 ;r Court Well 1000 1 1,000 A/V /storage �- - - - - 45 - _ _ 1 45 Divider Storage 25 - 1 25 Conf(8)/Juuy(6) 11x16 176 - - 1 176 Judge Office P05 12x20 240 - 1 240 Storage 80 - 1 80 1 Toilet (Single) 72 - - 2 144 i `Net Subtotal _ - -- - - s - 2,986 1 30% Circulation 896 Total Gross Sq. Footage - - 3,882 i Future Courtroom - - 3,882' ;Total at50,000 i 3,882 i F a r f k O Peak Users to be Accommocrated q February 2014 j PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("this Agreement") is made and entered into as of the day of , 2014, by , called "CONSULTANT" and the City of Anna, a Texas home rule municipality, hereinafter called "OWNER," each 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, who shall at all times act only in the capacity of an independent contractor, and CONSULTANT hereby agrees to perform the services described herein in connection with the Project as stated in this Agreement, with diligence and in accordance with the professional standards customarily applicable to such services in the State of Texas. The professional services set out herein are in connection with the following described Project: Project: Pre -design Services for a new City Hall The Project is generally described as pre -design architectural services in connection with the exploration of development options for construction of a new city hall for the City of Anna, Texas, and shall include all services to be performed by CONSULTANT as set forth in this Agreement. ARTICLE 2 SCOPE OF SERVICES For the fixed price set forth in Article 5 of this Agreement, CONSULTANT shall perform architectural and consulting services in connection with the Project and in accordance with the "Program" attached to this Agreement as Exhibit A, and as revised by mutual written consent of CONSULTANT and OWNER from time to time in accordance with this Agreement. Said architectural services include the following. Said Program is incorporated herein as if set forth in full. (Scope of Services to be inserted here as negotiated between OWNER and CONSULTANT) ARTICLE 3 ADDITIONAL SERVICES Additional services to be performed by CONSULTANT not described in Article 2 of this Agreement ("Additional Services") must be authorized by OWNER. Such additional services are not included in the fixed price set forth in Article 5 of this Agreement and may only be performed under a separate written agreement or under one or more individual task orders in accordance with the hourly fees set forth in Article 5, C. of this Agreement. If such services are performed under task order(s), the terms of this Agreement shall apply to such services. ARTICLE 4 SCHEDULE AND PERIOD OF SERVICE PROFESSIONAL SERVICES AGREEMENT Page 1 of 7 A. This Agreement shall become effective as of the date first written above and shall remain in force for the period which may reasonably be required for the completion of the Project, including completion of any Additional Services, if any, and any required extensions approved by OWNER. B. CONSULTANT agrees to perform the various services set forth in this Agreement according to the Schedule of Services set forth in Exhibit B attached to this Agreement. The time periods set forth in said Schedule of Services shall not be exceeded by CONSULTANT, except to the extent that OWNER causes the delay or suspends the Project. Time is of the essence in this Agreement, and to the extent that CONSULTANT anticipates any delay in the provision of any of the services under this Agreement, CONSULTANT shall as soon as practicable notify OWNER of same in writing and an amendment to the schedule referenced above may be made by mutual consent. ARTICLE 5 COMPENSATION A. COMPENSATION TERMS: For and in consideration of the professional services to be performed by CONSULTANT under this Agreement OWNER agrees to pay the fixed total sum of , plus reasonable out-of-pocket expenses actually paid to be reimbursed at actual cost, including copying and printing costs, postage and delivery services, and presentation materials if requested by OWNER. CONSULTANT shall promptly notify OWNER in writing if such out-of-pocket expenses exceed $500. B. BILLING AND PAYMENT: Partial payments to CONSULTANT will be made within 30 days of receipt of detailed monthly invoices rendered to and approved by OWNER through the City of Anna City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the unpaid value of the work performed at the time a statement is rendered. The value of work performed will be calculated by a percentage complete of the total fixed sum set in Article 5(A). CONSULTANT bears total and sole responsibility for making any necessary and appropriate payments to additional consultants or subcontractors from the amount(s) paid by OWNER to CONSULTANT directly. Nothing contained in this Article shall require OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or for any work which is not submitted in compliance with the terms of this Agreement. OWNER shall not be required to make any payments to CONSULTANT when CONSULTANT is in default under this Agreement. It is specifically understood and agreed that CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payment by OWNER for any charge, expense, or reimbursement above any fixed or maximum not -to -exceed fee as stated in this Agreement or 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 and shall be diligent in seeking such authorization when necessary to perform services under this Agreement. With respect to the services to be performed under Article 2 of this Agreement, the prior written authorization referenced above may be in the form of a notice to proceed with such services delivered by post, hand delivery, facsimile or electronic mail. PROFESSIONAL SERVICES AGREEMENT Page 2 of 7 C. ADDITIONAL SERVICES: For additional services authorized in writing by OWNER as set forth in Article 3, CONSULTANT shall be paid based on an hourly basis at a rate to be determined in advance and agreed to in writing by OWNER and CONSULTANT. Payments for additional services shall be due and payable within 30 days of invoicing by CONSULTANT, and shall be in accordance with paragraph B of this article. Statements shall not be submitted more frequently than monthly. D. DELAYED 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 (11%) per month from the said 60th 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. 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 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 Program, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense, with no right of indemnification against CONSULTANT, notwithstanding any other provision of this Agreement. 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. PROFESSIONAL SERVICES AGREEMENT Page 3 of 7 ARTICLE 8 INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as independent contractors, not as employees of 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 CONSULTANT will submit copies of documentation supporting all reimbursable expenses for OWNER's review. ARTICLE 10 INDEMNITY AGREEMENT CONSULTANT shall indemnify and hold harmless OWNER and its officers, agents, and employees from and against any and all damages and expenses, including, but not limited to court costs and reasonable attorney fees and related expenses incurred by OWNER, arising from an act of negligence, intentional tort, intellectual property infringement, or failure to pay any subcontractor, or any supplier committed by CONSULTANT, CONSULTANT'S agent(s), another consultant under contract, or another entity over which 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 $1,000,000 for each occurrence and not less than $1,000,000 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 $1,000,000 for each person and not less than $1,000,000 for each accident, and with property damage limits of not less than $1,000,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $500,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. PROFESSIONAL SERVICES AGREEMENT Page 4 of 7 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 reduced with respect to 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. ARTICLE 13 RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by OWNER of the Project 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 designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by OWNER for any defect in the design or 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: To OWNER: (Insert Name & Address) City of Anna c/o City Manager P.O. Box 776 Anna, Texas 75409 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three days after mailing, whichever occurs first. ARTICLE 16 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 PROFESSIONAL SERVICES AGREEMENT Page 5of7 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, 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. 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 — Program Exhibit B — Schedule for Services PROFESSIONAL SERVICES AGREEMENT Page 6 of 7 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 and jurisdiction of any suit or cause of action arising from or relating in any manner to 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. 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. E. 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. F. 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. G. 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, OWNER has caused this Agreement to be executed by its duly authorized representative, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer to be effective as set forth earlier in this Agreement. CITY OF ANNA By: Philip Sanders, City Manager (CONSULTANT) By: (Insert Name and Title) PROFESSIONAL SERVICES AGREEMENT Page 7 of 7