HomeMy WebLinkAboutResolution - 2015-R0116 - Professional Services Agreement: Mary K Crites (Maxey Community Center) - 04/09/2015Resolution No. 2015-RO 116
April 9, 2015
Item No. 5.14
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Professional Services
Agreement, Contract No. 12301, with Mary K. Crites, AIA (MKC) for professional
architectural and engineering services related to renovations to Maxey Community
Center, said agreement to be for $58,480.00, although the professional fees will not
exceed 9% of the actual construction costs, with a provision for additional charges if the
initial scope of work is exceeded, as set forth in the attached Professional Services
Agreement, which is incorporated herein.
Passed by the City Council this April 9, 2015.
ATTEST:
Reb ca Garza, City Secretary
APPROVED AS TO CONTENT:
MM��oo Assistant City Manager
APPROVED AS TO F
S:\cityatt\CCDOCS\RES.PSA with MKC for Maxey Community Center.201 5.doc
Resolution No. 2015-RO116
PROFESSIONAL SERVICES AGREEMENT
STATE OF TEXAS
COUNTY OF LUBBOCK
CONTRACT# 12301
This Agreement ("Agreement), effective as of the 9v' day of April 2015, is by and between City of
Lubbock, Texas ("City', a Texas home rule municipal corporation, and Mary K. Crites, AIA ("MKC'I.
t5'ittivi**941:1
WHEREAS, the City desires to obtain professional architectural and engineering ("A/El services
related to the renovations to the Maxey Community Center located at 4020 30°i Street, Lubbock, Texas
(the "Project); and
WHEREAS, MKC has a professional staff experienced and is qualified to provide professional A/E
services related to the Project, and will provide the services, as defined below, for the price provided
herein, said price stipulated by City and MKC to be a fair and reasonable price; and
WHEREAS, the City desires to contract with MKC to provide professional A/E services related to
the Project and MKC desires to provide the services related to same,
NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in
this Agreement, the City and MKC hereby agree as follows:
ARTICLE I. TERM
The term of this Agreement commences on the Effective Date and continues without interruption
for a term of one (1) year, as set forth in the receipt of the Notice to Proceed. The term may be altered
by subsequent amendments of this Agreement, with the written and authorized consent of both parties.
ARTICLE II. SERVICES AND COMPENSATION
MKC shall perform the services described in Exhibit A with regard to the Project and payment shall be
due and payable upon receipt in accordance with work provide. Payments due MKC under this
Agreement shall be electronically transferred either by ACH, or wire transfer to the bank account and in
accordance with the bank instructions identified in Engineer's most recent invoice in immediately
available funds no later than the payment due date. Invoice number, project name and Contract
Number shall be referenced in the bank wire reference fields or the ACH addenda information. In the
event that such electronic funds transfer methods are not available to City, then payments due MKC
under this Agreement shall be made by check and mailed to the Address identified in the remittance
Page 1 of 1
MKC Agreement
Instructions on MKC's most recent invoice. The Remittance Advice document shall be mailed with the
check to the address.
ARTICLE III. TERMINATION
A. General. City may terminate this Agreement, for any reason or convenience, upon thirty (30)
days written notice to MKC. In the event this Agreement is so terminated, the City shall only pay MKC
for services actually performed by MKC up to the date MKC is deemed to have received notice of
termination as provided herein.
B. Termination and Remedies. In the event MKC breaches any term and/or provision of this
Agreement the City shall be entitled to exercise any right or remedy available to it by this Agreement, at
law or equity, including without limitation, termination of this Agreement and assertion of action for
damages and/or Injunctive relief. The exercise of any right or remedy shall not preclude the concurrent
or subsequent exercise of any other right or remedy and all other rights and remedies shall be
cumulative.
ARTICLE IV. NON -ARBITRATION
A. The City reserves the right to exercise any right or remedy available to it by law, contract
equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative
and not exclusive, and may be exercised concurrently. To the extent of any conflict between this
provision and another provision in, or related to, this document, this provision shall control.
ARTICLE V. REPRESENTATIONS AND WARRANTIES
A. Existence. MKC is a Firm duly organized, validly existing, and in good standing under the
laws of the State of Texas and is qualified to carry on its business in the State of Texas.
B. Authorization. Execution, delivery, and performance of this Agreement and the activities
contemplated hereby have been duly and validly authorized by all the requisite Partnership action on
the part of MKC. This Agreement constitutes legal, valid, and binding obligations of the MKC and is
enforceable in accordance with the terms thereof.
C. Professional. MKC maintains a professional staff and employs, as needed, other qualified
specialists experienced in providing the Services, and are familiar with all laws, rules, and regulations,
both state and federal, including, without limitation the applicable laws, regarding the activities
contemplated hereby.
D. Performance. MKC will and shall conduct all activities contemplated by this Agreement in
accordance with the standard of care, skill and diligence normally provided by a professional person in
performance of similar professional engineering services, and comply with all applicable laws, rules, and
regulations, troth state and federal, relating to professional A/E services, as contemplated hereby.
E. Use of Copyrighted Material. MKC warrants that any materials provided by MKC for use by
City pursuant to this Agreement shall not contain any proprietary material owned by any other party
MKC Agreement Page 2 of 2
that is protected under the Copyright Act or any other law, statute, rule, order, regulation or ordinance
relating to the use or reproduction of materials. MKC shall be solely responsible for ensuring that any
materials provided by MKC pursuant to this Agreement satisfy this requirement and MKC agrees to
indemnify and hold City harmless from all liability or loss caused to City or by to which City is exposed
on account of MKC's failure to perform this duty.
F. MKC warrants that it shall perform the Project in accordance with the standards of care and
diligence normally practiced by recognized A/E finis in performing services of a similar nature. If,
during the six month period following the earlier of completion or termination of the Project it is shown
there is an error in the Project caused solely by MKCs failure to meet such standards, and City has
promptly notified MKC in writing of any such error within that period, MKC shall perform, at MKCs cost,
such corrective A/E services within the original Scope of Services as may be necessary to remedy such
error.
ARTICLE VI. SCOPE OF WORK
MKC shall accomplish the following:
Professional A/E Services related to the renovations to the Maxey Community Center project, as defined
in Exhibit "A".
ARTICLE VII. INDEPENDENT CONSULTANT STATUS
MKC and City agree that MKC shall perform the duties under this Agreement as an independent
consultant and shall be considered as independent consultant under this Agreement and/or in its
activities hereunder for all purposes. MKC has the sole discretion to determine the manner in which the
services are to be performed. During the performance of the Project under this Agreement, MKC and
MKC's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents
of the City within the meaning or the application of any federal, state or local law or regulation,
including without limitation, laws, rules or regulations regarding or related to unemployment insurance,
old age benefits, workers compensation, labor, personal injury or taxes of any kind.
ARTICLE VIII. INSURANCE
MKC shall procure and carry, at its sole cost and expense through the life of this Agreement,
insurance protection as hereinafter specified, in form and substance satisfactory to City, carried with an
insurance company authorized to transact business in the state of Texas, covering all aspects and risks
of loss of all operations in connection with this Agreement, including without limitation, the Indemnity
obligations set forth herein as described in Exhibit B.
MKC shall obtain and maintain in full force and effect during the term of this Agreement, and
shall cause each approved subcontractor or sub -consultant of MKC to obtain and maintain in full force
and effect during the term of this Agreement, commercial general liability, professional liability and
automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do
business in the state of Texas. Except for Professional Liability, the policies will be written on an
occurrence basis, subject to the following minimum limits of liability:
Commercial General Liability:
Page 3 of 3
MKC Agreement
Combined Single Limit: $1,000,000
Professional Liability:
Combined Single Limit: $1,000,000
Automobile Liability:
Combined Single Limit for any auto: $500,000 Per Occurrence
MKC shall further cause any approved subcontractor or sub -consultant to procure and carry,
during the term of this Agreement, Professional Liability coverage, as specified above for MKC,
protecting City against direct losses caused by the professional negligence of the approved
subcontractor or sub -consultant.
The City shall be named as additional insured with respect to the the Automobile Liability and
Commercial General Liability on a primary and non contributory basis and shall be granted a waiver of
subrogation under those policies. MKC shall provide a Certificate of Insurance to the City as evidence of
coverage. The Certificate shall provide 30 days notice of cancellation. A copy of the additional insured
endorsement and waiver of subrogation attached to the policy will be included In the Certificate. Copies
of all endorsements are required.
MKC shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the
Texas Labor Code. Further, MKC shall maintain said coverage throughout the term of this Agreement
and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that MKC maintains
said coverage. MKC may maintain Occupational Accident and Disability Insurance in lieu of Worker's
Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor
of the City of Lubbock.
If at any time during the life of the Agreement or any extension hereof, MKC fails to maintain
the required insurance in full force and effect, MKC shall be in breach hereof and all work under the
Agreement shall be discontinued immediately.
ARTICLE IX. EMPLOYMENT OF AGENTS/ RETAINING
OF CONSULTANTS
MKC may employ or retain consultants, contractors, or third parties (any of which are referred
to herein as "Sub -consultant', to perform certain duties of MKC provided that City approves the
retaining of Sub -consultants. MKC is at all times responsible to City to perform the Project as provided
In this Agreement and MKC is in no event relieved of any obligation under this Contract upon retainage
of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by MKC
shall be required to carry, for the protection and benefit of the City and MKC and naming said third
parties as additional insureds, insurance as described above in this Agreement.
ARTICLE X. CONFIDENTIALITY
MKC shall retain all information received from or concerning the City and the City's business In
strictest confidence and shall not reveal such information to third parties without prior written consent
of the City, unless otherwise required by law.
MKC Agreement Page 4 of 4
ARTICLE XI. INDEMNITY
MKC SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED
OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES,
CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND
ATTORNEY'S FEES FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY,
RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING
OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF MKC, ITS AGENTS,
EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR
OMISSIONS UNDER THIS CONTRACT AND/OR THE USE OF OCCUPATION OF CITY OWNED PROPERTY.
THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OF
TERMINATION OF THIS AGREEMENT.
ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS
MKC shall comply with all applicable federal, state and local laws, statutes, ordinances, rules
and regulations relating, in any way, manner or form, to the activities under this Agreement, and any
amendments thereto.
ARTICLE XIII. NOTICE
A. General. Whenever notice from MKC to City or City to MKC is required or permitted by this
Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery
of the written notice to the other party by hand (in which case such notice shall be effective upon
delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing
the written notice In the United States mall, properly addressed to the other party at the address
provided in this article, registered or certified mail, return receipt requested, in which case such notice
shall be effective on the third business day after such notice is so deposited.
B. MKC's Address. MKC 's address and numbers for the purposes of notice are:
Mary K. Crites, AIA
Attn: Mary K. Crites, AIA
4617 Su' Street
Lubbock, TX 79416
Telephone: (806) 790-7114
email: marvCamcrites.com
C. City's Address. The City's address and numbers for the purposes of notice are:
City of Lubbock
Attn: Wesley D. Everett — Director Facilities Management
P. O. Box 2000
1625 13th Street
Lubbock, TX 79457
Telephone: (806) 775 — 2275
email: weverett@mylubbock.us
Page 5 of 5
MKC Agreement
D. Change of Address. Either party may change its address or numbers for purposes of notice
by giving written notice to the other party as provided herein, referring specifically to this Agreement,
and setting forth such new address or numbers. The address or numbers shall become effective on the
15th day after such notice is effective.
ARTICLE XIV. CITY -PROVIDED DATA
City shall furnish MKC any available data in the possession of the City pertinent to MKCs
Services, so long as City is entitled to rely on such data for the performance of MKC's Services under
this Agreement (the "Provided Data'J. MKC shall be entitled to use and rely, so long as such reliance is
reasonable, upon all such Provided Data.
ARTICLE XV. MISCELLANEOUS
A. Captions. The captions for the articles and sections in this Agreement are inserted in this
Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall
not be given any effect in construing this Agreement.
B. Audit. MKC shall provide access to its books and records to the City. The City may audit, at
its expense and during normal business hours, MKC's books and records with respect to this Agreement
between MKC and City.
C. Records. MKC shall maintain records that are necessary to substantiate the services
provided by MKC.
D. Assignabllity. MKC may not assign this Agreement without the prior written approval of the
City.
E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and
MKC, and in the case of City, its respective successors, legal representatives, and assigns, and in the
case of MKC, its permitted successors and assigns.
F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN
LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE
EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE
STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING
OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY.
G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by
any court of competent jurisdiction with respect to any person or circumstances, the remainder of this
Agreement and the application of such provision to persons and/or circumstances other than those with
respect to which it Is held invalid or ineffective shall not be affected thereby.
H. Amendment. No amendment, modification, or alteration of the terms of this Agreement
shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to
this Agreement, and duly authorized and executed by MKC and City.
MKC Agreement Page 6 of 6
I. Entire Agreement. This Contract, including Exhibits "A" and "B", attached hereto, contains
the entire Agreement between the City and MKC, and there are no other written or oral promises,
conditions, warranties, or representations relating to or affecting the matters contemplated herein.
J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture,
joint enterprise, partnership or principal — agent relationship between MKC and the City.
K. Documents Owned by City. Any and all documents, drawings and specifications prepared
by MKC as part of the Project hereunder, shall become the property of the City when MKC has been
compensated as set forth in Article II, above. MKC shall make copies of any and all work products for its
files.
L. Notice of Waiver. A waiver by either City or MKC of a breach of this Agreement must be in
writing to be effective. In the event either party shall execute and deliver such waiver, such waiver
shall not affect the waiving party's rights with respect to any other or subsequent breach.
M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or
benefits whatsoever to any party other than City and MKC.
N. Extent of Responsibility. MKC does not guarantee that proposals, bids or actual project
costs will not vary from MKC's opinions of probable cost or that actual schedules will not vary from
MKC's projected schedules. MKC shall not be responsible for: (1) construction means, methods,
techniques, sequences, procedures, or safety precautions and programs in connection with the Project;
(2) the failure of any contractor, subcontractor, vendor, or other Project participant, not under contract
to MKC, to fulfill contractual responsibilities to the Client or to comply with federal, state, or local laws,
regulations, and codes; or (3) procuring permits, certificates, and licenses required for any construction
unless such responsibilities are specifically assigned to MKC in Exhibit A, Scope of Services.
O, Unforeseen Circumstances, Except for Client's obligation to make payments, neither party
shall be in default hereunder to the extent such default is caused by a cause or circumstance beyond
such party's reasonable control. Architect shall be entitled to an equitable adjustment in schedule and
compensation in the event such circumstances occur.
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
V-05211—RA,V
,�
ATTEST:
*RGarza, City Secretary
MKC Agreement Page 7 of 7
APPROVED AS TO CONTENT:
" �Iaa
Wesley D. Evere
FI�u0419A�.
Assistant City Attorney
Mary K. Crites, AIA
Mary K. 066, AIA
Owner
Page 8 of 8
MKC Agreement
EXHIBIT A
Page 9 of 10
ARCHITECT
Eki-1-4 /A
13 March 2015
Wes Everett
Director of Facilities Management
City of Lubbock
1625131h St
Lubbock, TX 79414
RE: Scope of Services and Fee Proposal for Maxey Community Center
Renovation- REVISED
Dear Wes,
Thank you for considering Mary K. Crites, AIA - ARCHITECT (A/E) for this
project. It is a pleasure to work you and your staff on another project. This
proposal letter will outline the anticipated scope of services and related fees
for this project.
The Architect (A/E) shall provide professional design and construction
administration services for the renovation of the City of Lubbock's Maxey
Community Center, located at 4020 301h Street in Maxey Park. This is a
unique Center for the City in that it is attached to the Maxey Swimming Pool.
The pool portion of this complex is not part of this project although the
exterior walls and roof of the pool area are being included as they are difficult
to separate and for visual unity.
4617 8th Street 0 Lubbock, Texas 79416 • 806.790. 7114 • m.crites@att.net
It is understood that the design of the project will occur during the spring and summer
of 2015. Bidding and construction will proceed if funding is allocated by the city and
will not begin until after the new fiscal year starts in October of 2015. The City Parks
and Recreation Department requests the project construction occur in phases if possible
to allow the building to remain open as much as possible and to be complete prior to
the start of their summer schedule (June 2016) as that is their busiest time of year and
this facility is their busiest community center. This project will include architectural,
mechanical, plumbing, electrical and structural engineering disciplines.
The scope for this project includes all of the work recommended in the 2013 facility
assessment report completed for this building including a structural report concerning
the cracking of the CMU at the entry columns. Excluded from that report were code
compliance issues that might require building changes. Based on a preliminary meeting
with City Building Official (5Mar15) the following will need to be included in the
project:
■ Change current corridor and room exiting requirements
■ Reconfigure space to accommodate clearance at electrical panels
■ Without an approved reconfigured floor plan to review, the BO was unable to
finalize a decision concerning the need, or not, for a fire sprinkler system.
In addition, at a recent meeting at the Center the following efforts were requested:
■ User requests to improve use of space and image of the building
• Inclusion of pool area roof and exterior wall surface for visual continuity
Lastly, the following factors will impact costs as well:
• 3 years of cost escalation
• Phasing the work to remain open
• Extent of work required because of required asbestos abatement
The project budget is not set at this time for this project. The facility assessment report
completed for this project in 2013 stated an opinion of cost of $621,000 however that cost
did not include any of the items/factors described above. Given this, it is very likely
that this project will cost significantly more than the previous stated opinion of cost.
The Scope of Services:
This proposal assumes a redesign of the floor plan to accommodate code and user
issues with perhaps some minor changes to the exterior as well. It assumes the building
will be served by new HVAC rooftop units but retain existing ductwork. The design
effort for a fire sprinkler system is not included but could be added by an amendment
at a later time if required.
Building Investigation:
1. A/E will develop current CADD base floor and site plans/elevations from the
limited existing drawings. On-site field measurements are planned to
adequately develop the plans.
2. Structural engineer will investigate cracking of the CMU at the entry columns
and write a report with recommendations for remedial work.
3. Roof consultant will assess the roof and make recommendations.
4. MPE engineers will assess existing MPE conditions.
5. The City will determine/confirm the extent of asbestos abatement in the building.
6. One meeting is anticipated during this phase.
Schematic/Design Development Phase:
1. After meeting with the City staff, A/E will develop initial floor plans, site plan
and exterior elevations, that reconfigures spaces as needed to resolve the code
issues and responds to staff requests.
2. Based on approved initial space plans/elevations, the A/E will meet with the City
Building Official to determine if a fire sprinkler system is required.
3. Exterior and interior materials and products proposed for use will be selected for
review and approval by City staff along with descriptions of system and selected
details indicating locations/extent of cabinets, etc.
4. Based on the work above the A/E will develop an early opinion of probable cost
for the project.
5. The A/E will refine design based on input received.
6. Two meetings are anticipated during this phase.
Construction Document Phase:
7. With approval by City staff, the A/E will proceed with construction documents
consisting of drawings and specifications setting forth the requirements for the
construction of the Project.
8. Three meetings are anticipated during this phase. Phasing of work and the
desire to complete the project prior to the start of Center's summer programs will
be issues to address.
Bidding and Construction Administration Phase
1. The A/E will respond to questions during the bidding or pricing phase of the
project and attend a pre-bid and bid or price evaluation meeting.
2. The A/E will review the shop drawings and submittals requested in the
specifications.
3. Based on the A/E's observations and evaluations of the Contractor's Application
for Payment, the A/E will review the amounts due to the Contractor.
4. During construction, 26 site visits are planned, the visits will generally be on a
weekly basis with intervals appropriate to the stage of construction to become
familiar with the progress and quality of the Work completed, to determine in
general if the Work is being performed in a manner indicating that the Work
when completed will be in accordance with the Contract documents. If
additional site visits become necessary, thru no fault of the A/E, the additional
site visits shall be made, when approved by the City, on an hourly basis.
5. The A/E will not be required to make exhaustive or continuous on-site
observations to check the quality or quantity of the Work. On the basis of the on-
site observations the A/E will keep the City informed of the progress and quality
of the Work. The A/E shall not be responsible for the Contractor's failure to
perform its Work in accordance with the Contract Documents. The A/E shall not
supervise, direct or have control over the Contractor's work, nor have any
responsibility for the construction means, methods, techniques, sequences or
procedures selected by the Contractor nor the Contractor's safety precautions or
programs in connection with the work
6. Once the contractor has indicated the work is complete the A/E will make an on-
site visit to create a punch list of items requiring attention from the contractor.
The A/E will make one additional site visit to confirm the work is complete. If
additional site visits to up -date the punch list, become necessary because the
work is not complete, thru no fault of the A/E, the additional site visits shall be
made, when approved by the City, on an hourly basis.
The Architect has procured the professional services of the following consultants for
this project:
Fanning, Fanning & Associates- Mechanical, Plumbing, Electrical Engineering
Thoma Engineering- Structural Engineering
Armko Industries- Roof Consulting
Cornerstone Accessibility Accessibility Review and Inspection
Specifically excluded for the scope of services are; Landscape Architecture, Fire
Sprinkler design, Surveys and Geotechnical Reports, Asbestos, Mold and Hazardous
Material assessments or Construction Material Testing.
The following is an anticipated schedule for the project:
Phase One:
Building Investigation 4 weeks
Schematic/Design Development Phase 6 weeks
Construction Document Phase 8 weeks
After October 1, 2015 with start of new fiscal year and if approved by the City:
Phase Two:
Bidding Phase 8 weeks
Construction Phase (by June 1, 2016 if possible) 24 weeks
The construction schedule will need to be revised/coordinated once the extent of
asbestos requiring abatement is known and once the contractor is selected. Changes to
the schedule above may become necessary due to changes in scope or other
circumstances.
Given the unknown cost of this project, AE proposes to base the A/E professional
services fee on 9% of the actual construction cost. Through the design phase the fee is
proposed to be based on the 2013 opinion of cost of $621,000. If the project bids for
more than the $621,000, then the fee will be adjusted accordingly to equal 9%. If the
project does not proceed into bidding or construction the fee will be reviewed based on
AE Opinion of Probable Construction Cost and adjusted in the same manner to equal
9%. Fees for the services described above, based on 2013 opinion of construction cost of
$621,000 at 9% are:
Reimbursable expanses include: postage, reproduction/copies of review sets, color plots,
and accessibility fees. Reimbursable expenses will be billed at invoice cost plus ten
percent markup for handling costs. This allowance is in addition to the fees above.
PHASE 1
PHASE 2
Schematic/
CD
Bid/
Bldg Invest.
DD Phase
Phase
Const Admin
Architecture 3,525
14,000
17,450
5,925
MPE engineering 1,000
2,700
3,262
1,228
Roof consultant 1,000
1,170
630
Structural engineering 1,500
1,900
600
Fee PHASE 1 7,025
16,700
23,782
$47,507
Fee PHASE 2
8,383
$ 8,383
Fee COMBINED
$55,890
Reimbursable Expense Allowance
$ 2,500
Total combined fee and reimbursable expense allowance
is:
$58,480
Reimbursable expanses include: postage, reproduction/copies of review sets, color plots,
and accessibility fees. Reimbursable expenses will be billed at invoice cost plus ten
percent markup for handling costs. This allowance is in addition to the fees above.
Reproduction of the Construction Documents for pricing and construction are excluded
from this allowance and are not part of this contract.
Fees will be billed using a percentage complete method and both fees and reimbursable
expenses will be submitted monthly. Invoices shall be considered past due if not paid
within 30 days.
Should the scope of services change during the Project, the lump sum fee will be
adjusted either up or down by a mutually agreed upon amount or based on an hourly
rate method using the A/E's standard hourly rate schedule.
Again, thank you for the opportunity to be of assistance to the city. I look forward to
working with you and the other city staff on this project. Please contact me if you have
any questions.
Sincerely,
Z�Z A,)A
Mary K. Crites, AIA
IN DUPLICATE
Enclosures
'The Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 78711-2337 or 333
Guadalupe, Suite 2-350, Austin, Texas 78701-3942, (512) 305-9000, www.tbae.state.tx.us has
jurisdiction over comphints regarding the professional practices of persons registered as architects and
interior designers in Texas."
EXHIBIT B
Page 10 of 10
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