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HomeMy WebLinkAboutContract 59228CITY OF FORT WORTH, TEXAS CSC No. 59228 STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and RPGA Design Group, Inc, authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Fire Station 26. The Agreement documents shall include the following: 1. This Standard Agreement for Professional Services; 2. Attachment "A" — Scope of Services; Attachment "A", which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Attachment "A" and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Fire Station 26. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "A". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However, the total fee paid by the City shall not exceed a total of $436,920.00 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 11/22/2021 Project Name Page 1 of 10 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Upon completion, the Architect may, at its option, utilize the Project to qualify for the Energy Efficient Commercial Building Federal Tax Deduction (179D) as permitted under IRS guidelines. If requested, the Owner shall acknowledge the Architect as the "Designer" of the Project by completing an allocation form (that Architect will provide) and shall allow the Architect's independent third -party evaluation firm (and its licensed inspector) reasonable access to perform a one-time, on -sire inspection and certification of the Project's HVAC, interior lighting and/or building envelope systems. Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 24 months, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. City of Fort Worth, Texas Revision Date: 11/22/2021 Page 2 of 10 Standard Agreement for Professional Services Project Name (2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Architectural Services, Attention: Brian R. Glass, 401 West 13th Street, Fort Worth, TX 76012, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. City of Fort Worth, Texas Revision Date: 11/22/2021 Page 3 of 10 Standard Agreement for Professional Services Project Name d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. City of Fort Worth, Texas Revision Date: 11/22/2021 Page 4 of 10 Standard Agreement for Professional Services Project Name UITIRM ITT/ l l Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article II of this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub -consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub -consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub -consultant reasonable advance notice of intended audit. (3) Consultant and sub -consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of City of Fort Worth, Texas Revision Date: 11/22/2021 Page 5 of 10 Standard Agreement for Professional Services Project Name copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 11/22/2021 Project Name Page 6 of 10 UITIRM IW:/ III Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. Article XVI Immigration Nationality Act City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 11/22/2021 Project Name Page 7 of 10 I_T97M IE:VI I No Boycott of Israel If Architect has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Architect acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Agreement, Architect certifies that Architect's signature provides written verification to City that Architect: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. Article XVIII Prohibition on Boycottinq Energy Companies Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XIX Prohibition on Discrimination Against Firearm and Ammunition Industries Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas City of Fort Worth, Texas Revision Date: 11/22/2021 Page 8 of 10 Standard Agreement for Professional Services Project Name Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Article XX Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth: Attn: Nikita N. Watts Sr. Capital Projects Officer 401 West 13t" Street Fort Worth, Texas 76102 Consultant: RPGA Design Group, Inc Attn: Javier Q. Lucio, Principal 101 S. Jennings Ave., Suite 100 Fort Worth, Texas 76104 City of Fort Worth, Texas Revision Date: 11/22/2021 Page 9 of 10 Standard Agreement for Professional Services Project Name Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth 'Dalla By: Dana Burghdoff (Ap 13, 2023 0 :24 CDT) Name: Dana Burghdoff, AICP Title: Assistant City Manager Date: Apr 13, 2023 Approval Recommended: By: Stev(Mar 30�308:37 CDT) Name: Steve Cooke Title: Director, Property Management Dept. �,d4Onr UUpn�Il Attest: � cFF...4 o dZ)o%a=° dd�� nEXA`ao�p By: Name: Jannette Goodall Title: City Secretary VENDOR: RPGA Design Group, Inc By. Javi�cio (Mar 8, 2023 09 02 CST)8, 2023 09 02 CST) Name: Javier Q. Lucio Title: Principal Date: Mar 8, 2023 City of Fort Worth, Texas Revision Date: 11/22/2021 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: ' ` 4 Name: Nikita N. Watts Title: Sr. Capital Projects Officer Approved as to Form and Legality: By: �/ C3 Name: John B. Strong Title: Assistant City Attorney Contract Authorization: M&C: 23-0164 Page 10 of 10 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Standard Agreement for Professional Services Project Name 2 1 iIRsIP GGUP,AC. ■ March 1, 2022 Ronald Clements, AIA Property Management Department City of Fort Worth 401 West 13t" Street Fort Worth, Texas 76102 RE: Fire Station #26 — replacement fire station 4900 Block of South Drive W. / Fort Worth, Texas Mr. Clements, Attachment "A" ■ It is with great enthusiasm that RPGA Design Group, Inc. presents the following Services and Fee Proposal for Fire Station #26 to the City of Fort Worth (Owner). This proposal reflects our anticipated Professional Services for the Site Adaption of the new Fire Station #26 to be on the 4900 block of South Drive W. in Fort Worth, Texas. We submit the following: Protect Description A. General Description: Fire Station #26 will be a site adaptation of Fire Station #45 with approximately 10,500 total square feet plus 500 square feet of mezzanine, located on approximately 2.45 acres. Fire Station #26 will be a one (1) story, two (2) company fire station with 3 apparatus bays. The new fire station design will be a site adaptation of the new Proto-type design developed and used for Fire Station #45. As a site adaptation we understand that the design for FS 26 will be identical to FS 45 with the possibility of different exterior/interior colors and if necessitated by the site, an Opposite Hand orientation of the building plans. The construction delivery method is expected to be a Competitive Sealed Proposal (CSP). Two (2) Company Fire Station (to be based on FS #45) o Entry Vestibule o Public Restroom o Watch Room o Computer Room o Kitchen/Dining room o Day room o Physical Training room o Two (2) Officer's Suites with restrooms o Five (5) private bedrooms 0 3-4 Private Restrooms o Laundry room o Telecom room o EMT Storage room o Tornado Shelter - Tornado Shelter requirements for Critical Emergency Operations (International Building Code 2021): `In areas where the shelter design wind speed for 101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX - (817) 332-9487 (888) TRY-RPGA www.rpgaarchitects.com City of Fort Worth 2 Fire Station #26 tornados in accordance with Figure 304.2(1) of ICC 500 is 250 MPH, 911 call stations, emergency operation centers and fire, rescue, ambulance and police stations shall have a storm shelter constructed in accordance with ICC 500." In discussion with the City of Fort Worth Development Department we anticipate the size of the Tornado Shelter to be approximately 450 sq. ft. • Three full-size drive-thru Apparatus Bays o Bunker Gear room o Maintenance/Storage room o Lawn Equipment Storage room • Site Improvements o Provide City of Fort Worth iSWM compliance o Utility improvements on the site will be determined upon review of the further site information to be provided by the City. B. Site Requirements — Basic Services: The Fire Station #26 site is approximately a 2.45 acre site located on the south side of the 4900 Block of South Drive W. on southwest side of Fort Worth, Texas. The site design will provide for a "drive -through" fire station with separate employee parking and visitor parking. The visitor parking will accommodate accessible parking and accessible pedestrian access to the facility. The fire station will be sited to efficiently accommodate all necessary entities. The design of the apparatus aprons, entry and egress, shall endeavor to allow a minimum of 45 feet of depth from the property line to allow the apparatus to have adequate area for off street maneuverability. Structural foundation systems and soil stabilization procedures will be used to provide a structurally sound building. The Owner is aware of the extremely expansive clays prominent in the area and RPGA will strive to provide solutions that meet both the Owner's maintainability requirements and budget. It is anticipated that a structured slab with carton forms will be used for this facility. Landscape and Irrigation Design services will be limited to compliance with the City of Fort Worth's minimum landscape, forestry and irrigation standards and any added requirements or restrictions imposed by local regulations. Trees will be proposed as appropriate for this location and as needed to assist in the passive solar design of this facility. Security and or privacy fencing will also be provided as necessary. C. Additional Site Requirements; Additional Services (if required): Additional site information may be required to determine if additional services will required to bring utilities to the site. Electrical, telephone and gas utilities will be provided by the individual utility companies. Any engineering and associated construction costs for these utilities will be provided as additional services and those services are not included in this proposal. D. Exterior Design Features: The design of the new fire station will feature a design and materials which complement its surroundings. In addition to the site requirements listed above, the building components will be oriented to take advantage of passive solar opportunities. Placement of trees, the placement of window and door openings and the color of exterior materials will also be designed and selected with passive solar considerations. E. Interior Design Features: Interior spaces will maximize the use of natural lighting and create a fire station that facilitates the interactions of the fire fighters. Use of natural and artificial lighting will be used to enhance the quality and usability of the spaces. Selection of materials will also consider the durability and maintainability of the material with life -cycle cost considerations. 101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX - (817) 332-9487 (888) TRY-RPGA www.rpgaarchitects.com City of Fort Worth Fire Station #26 The new fire station will also be designed to meet the American's with Disabilities Act (ADA) and the Texas Accessibility Standards (TAS). If required, a variance application will be submitted to TDLR for the design of an adaptable fire station. Any cost for filing TAS Review, Inspection and Variance reports will be submitted as reimbursable expenses. F. Project and Construction Budget: 1. Fire Station Site and Building Budget: we understand the Owner has established a total construction budget of $5,912,500.00 ($5,500,000.00 construction budget ($500.00/s.f.) + $412.500.00 Owner Controlled Contingency (7.5% of construction budget) _ $5,912,500.00 total construction budget). 2. Professional architectural/engineering services, construction cost estimates, construction materials testing, geotechnical services, survey and reimbursable expenses are not included in the anticipated construction budget. It is understood that the Owner will work with RPGA to change the project requirements if it becomes necessary to meet the established construction budget. Scope of Services A. General Services: RPGA will meet with the Owner to clarify and define the Owner's requirements and budget prior to commencement of work. RPGA will supervise and coordinate consultants' activities, review all consultants' documents and review all pertinent consultant documents with the Owner. Consultants hired independently by the Owner are excluded from RPGA's supervision and coordination. RPGA will document all design meetings with the Owner. B. Schematic Design: RPGA will design the Project in conformance with the Owner's outlined program. The design team will prepare approaches to the design. Sketch plans will be developed, providing "broad brush" concepts to illustrate the potential of the given design. RPGA will prepare a package consisting of the following: floor plans at 1/8" scale and rendered sketch elevations and or perspectives sufficient to indicate the character of the proposed Project. RPGA will work with our cost estimating consultant to provide a preliminary estimate of Construction Cost at the conclusion of this phase. C. Design Development: Based on the approved Schematic Design Package as well as any further adjustments authorized by the Owner, RPGA will develop Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, civil, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. These drawings will incorporate all floor plans, elevations, site plan, and all necessary drawings and details necessary to update the estimate of Construction Cost. Before or during the Design Development Phase we will meet with the Development and Planning Department to review and discuss any Pre -Development issues that need to be addressed for the new fire station. D. Construction Documents: Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, RPGA shall prepare Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. RPGA will sign, stamp or impress the construction documents for use in the State of Texas. 101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX - (817) 332-9487 (888) TRY-RPGA www.rpgaarchitects.com City of Fort Worth Fire Station #26 RPGA will provide the documents necessary for the cost estimator to develop a 95% Construction Documents estimate. E. Contract Administration: 1) RPGA shall visit the site to become generally familiar with the progress and quality of the work and to determine, in general, if the work is progressing in accordance with the contract documents. RPGA's site visits will be limited to one (1) site visit per week, as requested by the Owner, throughout the construction period. A twelve (12) month construction period is anticipated for this fire station. The site visits will include general observations of the construction and a meeting with the Owner and the Contractor to review and discuss conformance with the contract documents. A regular day and time for these meetings will be mutually established at the beginning of the construction period. Each site visit/meeting will include a written report identifying items of concern with anticipated resolutions. The Structural Engineer will be limited to ten (10) site visits; the MEP Engineer will be limited to six (6) site visits The Civil Engineer will be limited to four (4) site visits; and the Landscape Architect/Irrigation Designer will be limited to four (4) site visits when requested by RPGA and/or the Owner. RPGA and our consultants shall endeavor to guard the Owner against defects and deficiencies in the construction. 2) RPGA shall not have control of, or charge of, and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions or programs in connection with the work, for the acts of omissions of the contractor, subcontractors, or any other persons performing any of the work, or for the failure of any of them to carry out the work in accordance with the contract documents. 3) RPGA shall, at all times, have access to the work wherever it is in preparation or progress. 4) As requested by the Owner, RPGA shall determine the amounts owed to the contractor, based on observations at the site and on evaluations of the contractor's monthly application for payment, as provided in the approved schedule of values. 5) RPGA shall recommend that the Owner reject work that does not conform to the contract documents. 6) RPGA shall review and take proper action on submittals such as shop drawings, product data and samples, but only for conformance with the design concept of the work and with the information given in the contract documents. All structural, civil, M.E.P. and landscape/irrigation shop drawings will be reviewed by the respective consultant and documented by RPGA. 7) RPGA shall conduct inspections to determine the dates of substantial completion and shall review the project for final certificate of payment. 8) The extent of the duties, responsibilities, and limitations of authority of RPGA, as the Owner's representative during the construction shall not be changed or extended without written consent of both the Owner and RPGA. Compensation: A. Based on our understanding of the scope of services to be performed the fees are as stated below. If during the development of the project changes are made to the scope and/or construction budget of the project, the fees will be subject to revision. Fees as quoted are good for a period of (90) ninety days from the date of this proposal. 101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX - (817) 332-9487 (888) TRY-RPGA www.rpgaarchitects.com City of Fort Worth Fire Station #26 Architectural/Engineering Fees for Fire Station #26 Owner agrees to pay the Architect for all professional services rendered under this agreement. The Architect's fee for Basic Services shall be a flat fee based on the following understanding, plus allowable reimbursable expenses. Basic Services Architectural------------------------------------------------------------------------------------------------- $ 226,625.00 Program Verification Interior Design (excluding FF&E) ADA Compliance TAS (TDLR) Compliance COMcheck Compliance Construction Administration with Basic Services Structural Engineering ................................................................................. $ 48,900.00 R. L. Woods and Associates Construction Administration with Basic Services (10 meetings) M.E.P. Engineering ...................................................................................... $ 22,500.00 Wells Doak Engineers, Inc. COMcheck Compliance Construction Administration with Basic Services (6 meetings) Total Basic Services Fees $ 295,625.00 Basic Additional Services Civil Engineer........................................................................................... $ 69,100.00 Project Management Associates (PMA) Construction Administration with Basic Services (4 meetings) Landscape and Irrigation.......................................................................... $ 14,025.00 Victory Parks Landscape Architect Construction Administration with Basic Services (4 site visits) Construction Cost Estimator..................................................................... $ 6,000.00 Riddle and Goodnight Total Basic Additional Services Fees Reimbursable Expenses Survey and Platting - Pacheco Koch a Westwood Company $ 89,125.00 SITE BOUNDARY DETERMINATION $ 2,000.00 TOPOGRAPHIC SURVEY $ 6,000.00 OFFSITE TOPOGRAPHIC SURVEY $ 3,000.00 TREE SURVEY $ 4,000.00 MINOR PLAT $ 7,500.00 EASEMENT DOCUMENTS Q Ca)- $2,500 each) $ 7,500.00 TOTAL Survey and Platting $ 30,000.00 101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX - (817) 332-9487 (888) TRY-RPGA www.rpgaarchitects.com City of Fort Worth Fire Station #26 Surveying Special Services (If Requested) CITY LIMITS WORKING SKETCH & ANNEXATION EXHIBIT $ 3,000.00 PLANNING SERVICES $ 2,500.00 Total Surveying Special Services $ 5,500.00 TAS Registration and Inspection Fees $ 1,870.00 Geotechnical Services (Alpha Testing) $ 7,300.00 Anticipated Reimbursable Expenses: $ 7,500.00 Total Reimbursable Expenses $ 52,170.00 Total Consultant Fees for Fire Station #26 $ 436,920.00 B. Hourly Rates for Unscheduled or Requested Services (these additional services will only be provided with an authorized amendment in writing from the Owner): No Charge will be incurred for minor revisions to the plans during the design process prior to construction document phase. Compensation for major variances to the agreed -upon plans and specifications, time involved in additional services, but not initial site visits, will be billed on an hourly basis as follows: Principals: $195.00 Project Manager: $125.00 Production Personnel: $95.00 Clerical $55.00 The above listed hourly rates are subject to change with notice. The Owner can negotiate a set fee at the time, if and when needed. C. Reimbursable fees will be billed to the Owner at one and one tenth (1.10) the expense incurred by RPGA. Reimbursable expenses will include, but not be limited to, the following: a) cost of reasonable incidental charges exclusive of markup for delivery charges; cost of reproduction, postage and handling of drawings, specifications and other documents; and renderings, models and mock-ups requested by the Owner and as required in the normal preparation of Schematic Design, Design Development and Construction Documents as required for reviewing and developing the Documents for the project. b) cost of TDLR accessibility variance application fees, project filing fees, plan review and inspection fees. c) all necessary costs of printing and/or courier services for the purpose of bidding the Construction Documents and Specifications will be the responsibility of the Owner. IV. Schedule: Based on our understanding of the scope of services we estimate the schedule to be as follows: Schematic Design 3-4 Weeks Design Development Documents 3-4 Weeks Construction Documents (95%) 7-9 Weeks Bid Documents (100%) 2-3 Weeks Anticipated Design/Documentation Duration 15-20 Weeks This schedule anticipates a period of one week for review by the Owner for changes and clarifications at the completion of the Schematic Design, Design Development and the 95% Construction Documents phases. 101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX - (817) 332-9487 (888) TRY-RPGA www.rpgaarchitects.com City of Fort Worth Fire Station #26 V. Changes: If a major change is made in the scope, approach or details of the Project at the Owner's request after construction documents are underway or finished, the cost of making changes will be billed at the above hourly rates. This also applies to any changes required by new zoning or building code requirements instigated after the Projects' inception. VI. Documents: All plans and drawings will be prepared and submitted by RPGA to the Owner for approval on 24" x 36" or 30" x 42" bond sheets, with all plotted lettering clearly legible when the sheets are reproduced and reduced to half size. It is to be implicitly understood that we, RPGA, will act in your best interests and, at all times, carry out duties with reasonable diligence and expedience. We look forward to discussing this proposal with you at your earliest convenience. Thank you again for this opportunity. Yours sincerely, J ier Q. Lu ' , Principal P G A Design Group, Inc. 101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX - (817) 332-9487 (888) TRY-RPGA www.rpgaarchitects.com 3/3/23, 1:37 PM M&C - Council Agenda City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, February 28, 2023 REFERENCE NO.: **M&C 23-0164 LOG NAME: 21 FIRE STATION 26 SOUTH DRIVE W. DESIGN SUBJECT: (CD 6 / Future CD 6) Authorize Execution of an Architectural Design Contract in the Amount of $436,920.00 Including $52,170.00 of Reimbursable Expenses, with RPGA Design Group, Inc., for Design and Construction Administration Services for Fire Station No. 26 Located at 4915 South Drive W. for an Estimated Total Cost of the Project, Including Design, Construction, and Other Costs in the Amount of $6,674,500.00 (2018 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize execution of an architectural design contract in the amount of $436,920.00 including $52,170.00 of reimbursable expenses, with RPGA Design Group, Inc., for design and construction administration services for Fire Station No. 26 located at 4915 South Drive W. for an estimated total cost of the project, including design, construction, and other costs in the amount of $6,674,500.00. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of an architectural design contract in the amount of $436,920.00 including $52,170.00 of reimbursable expenses, with RPGA Design Group, Inc., for design and construction administration services for Fire Station No. 26 located at 4915 South Drive W. Proposition D, Fire Safety Improvements, of the 2018 Bond Program authorized the demolition of existing Fire Station No. 26 and the design and construction of fire station on the existing site. In February 2019, City Council authorized execution of an architectural design contract with Komatsu Architects for design and construction administration services, for Fire Station No. 26 to be located at the existing site, 6124 South Hulen Street (M&C C-29026). Drawings were completed and a Request for Proposals was prepared to be issued in October of 2020. At that time, the City Manager's Office and the Fire Department determined that it would not be in the best interest of the City to build the replacement for Fire Station 26 on the existing site. Staff worked through various possible new sites and funding strategies, and a new location was found and negotiations for the land were made. City Council approved the purchase of this new property at 4915 South Drive W., Fort Worth, Texas (M&C 23-0031). This new site will accommodate the Fire Department's two-story prototype design. RPGA Design Group, Inc. is the City's designer for this prototype. Based on their unique expertise with this prototype design, City staff recommends that City Council authorize execution of an Architectural Services Agreement with RPGA Design Group, Inc. for design and construction administration for the new Fire Station 26, located at 4915 South Drive W. The contract with Komatsu was terminated late last year in accordance with Staff's desire to use RPGA's prototype design. Estimated Costs: The estimated project costs for Fire Station 26 are as follows: FIRE STATION 26 - PROJECT COSTS I Cost Komatsu Architects Design Fees $307,742.00 Land Cost $1,193,000.00 RPGA Design Group, Inc. Design Fees $436,920.00 Construction Fees (Including Owner's Contingency Allowance) $4)264,273.00 apps.cfwnet.org/ecouncil/printmc.asp?id=30791 &pri nt=true&DocType= Print 1 /3 3/3/23, 1:37 PM M&C - Council Agenda Project Management, Bid Advertisement, Materials $472,565.00 Inspection, Site Utilities, etc. PROJECT TOTAL $6,674,500.00 This project is included in the 2018 Bond Program. Available resources within the General Fund will be used to provide interim financing until debt is issued. Once debt associated with this project is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (M&C G-19306) and subsequent events taken by the Mayor and Council. Funding is budgeted in the Fire Public Safety Department's 2018 Bond Program Fund for the purpose of funding the Fire Station 26 project, as appropriated. Schedule - Construction is planned to begin during the second quarter of the calendar year of 2023 with an anticipated completion date during the fourth quarter of the calendar year of 2024. Waiver of Building Permit Fees - In accordance with the City Code of Ordinances, Part II, Chapter 7-1 Fort Worth Building Administrative Code, Section 109.2.1, Exception 2; "Work by non -City personnel on property under the control of the City of Fort Worth shall be exempt from the permit fees only if the work is for action under a contract that will be or has been approved by City Council with notes in the contract packages stating the fee is waived." Diversity and Inclusion Business Equity Office - RPGA Design Group, Inc. is in compliance with the City's BDE Ordinance by committing to 30\% SBE participation on this project. The City's SBE goal on this project is 15\%. Fire Station 26 is located in COUNCIL DISTRICT 6 / Future COUNCIL DISTRICT 6. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2018 Bond Program Fund for the Fire Station 26 project to support the approval of the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Fire Department has the responsibility to validate the availability of funds. FUND IDENTIFIERS (FIDs): TO Fund Department Account Project ProgramActivity Budget Reference # Amount ID ID Year (Chartfield 2) FROM _ rdn—ddDepartment Account Project ProgramActivity Budget �Reference# Amount ID ID I Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by_ Dana Burghdoff (8018) Originating Department Head: Steve Cooke (5134) Additional Information Contact: Brian Glass (8088) apps.cfwnet.org/ecouncil/printmc.asp?id=30791 &pri nt=true&DocType= Print 2/3 3/3/23, 1:37 PM M&C - Council Agenda Nikita Watts (2028) ATTACHMENTS 1. 21 FIRE STATION 26 SOUTH DRIVE W. DESIGN FID TABLE.xlsx (CFW Internal) 2. 21 FIRE STATION 26 SOUTH DRIVE W. DESIGN funds availabilitypdf (Public) 3. Fire Station 26 South Drive W. Design.pdf (Public) 4. Form 1295 Certificate FS26 Dec2022.pdf (CFW Internal) 5. RPGA CompMemo PMD2018-10 2.8.23.pdf (CFW Internal) 6. SAM RPGA Design Group Inc.pdf (CFW Internal) apps.cfwnet.org/ecouncil/printmc.asp?id=30791 &pri nt=true&DocType= Print 3/3