HomeMy WebLinkAboutContract 33770 (2) i
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CT4` vECRETARY
C=ONTRACT . 3�r7r7b
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT §
THIS AGREEMENT is made and entered by and between the City of Fort Worth, Texas, a
municipal corporation situated in Tarrant, Denton, and Wise Counties, Texas,hereinafter called the "City",
acting herein by and through Marc Ott, its duly authorized Assistant City Manager, and RPGA Design
Group, Inc., hereinafter called the "Architect", acting herein by and through Javier Q. Lucio, its duly
authorized representative, for the purpose of providing architectural design and construction administration
services for design of the City's prototype Fire Stations No. 11 and No. 41.
WITNESSETH:
That for and in consideration of the mutual covenants and agreements herein contained, City and Architect
do hereby covenant and agree as follows:
SECTION I SERVICES OF THE ARCHITECT
1.1 The City hereby contracts with Architect as an independent contractor, and the Architect hereby
agrees to perform, within the professional standards normally accepted in the State of Texas,
professional services in connection with the following general scope of work:
Design two prototype fire stations and provide construction administration services for
Fire Station No. 11 (on Highway 114 and Harriet Creek Drive on the Northwest
Independent School District central campus) and for Fire Station No. 41 (on Willow
Springs Road, north of West Bonds Ranch Road near Highway 287) in Fort Worth,
Texas ("Projects"). The scope of services is described more fully in Attachment"A"
of this Agreement.
SECTION II PERSONNEL
1. The following personnel will be assigned to this Project:
1.1. City of Fort Worth
1.1.1.Project Manager: Nancy Richardson,Registered Architect
1.2. Architect
1.2.1.Principal in Charge: Javier Q.Lucio,Principal
1.2.2.Project Architect: Brent Bordovsky
2. Neither party may change key personnel without the prior written agreement of the other party.
SECTION III CHARACTER OF ARCHITECT'S SERVICES
L Architect shall consult with the City to clarify and define City's requirements relative to the Projects
and review available data.
2. Architect agrees to commit the personnel to each Project assignment as necessary in order to complete
the assignment in an expeditious manner.
3. The Architect shall advise City as to the necessity of City's providing or obtaining additional services
and data from others required in connection with the Projects at City's cost and expense (which
services and data Architect is not to provide hereunder but on which Architect may rely in performing
services hereunder),and act as City's representative in connection with any such services of others.
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4. The Architect shall pay for the printing of contract documents required for design submittals and
presentations as a part of the reimbursable allowance.
5. The Architect shall perform services as outlined in the RPGA Design Group, Inc. letter,revision dated
March 28,2006 which is attached hereto as Attachment"A"and made a part of this Agreement.
6. If at any time in the course of the design,the City expands the scope of services,or the Architect
believes the City has requested services that are beyond the scope of this Agreement, the Architect
shall submit a proposal for additional fees and a written agreement shall be reached on said proposal
prior to the Architect proceeding with the work considered to be beyond the scope of this Agreement.
Architect shall not perform any additional services without a written agreement with City. Any
services provided prior to reaching an agreement on additional fees will be non-compensable.
7. Architect shall apply for building permits and provide such service as may be necessary for the
building permits to be issued. The City shall pay any fees for such Building Permits.
SECTION IV SPECIAL SERVICES OF ARCHITECT
1. If authorized in writing by City, Architect shall furnish or obtain from others special services
necessary to complete the Projects. These special services are not included as part of the Basic
Services outlined in SECTION I - SERVICES OF THE ARCHITECT and Attachment "A." These
special services will be paid for by City as indicated in Section V.
SECTION V COMPENSATION TO ARCHITECT
1. The total compensation for all of the assignments to be performed by Architect to complete the
Projects as described in CHARACTER AND EXTENT of ARCHITECT'S SERVICES and
Attachment "A" hereof shall be $197,900, hereinafter referred to as the "total fee," which includes
$94,700 for Fire Station No. I 1 and$103,200 for Fire Station No. 41.
2. Architect shall be paid the following percentages of the total fee at the following stages of the project:
1.1. Completion of Schematic Design 20%
1.2. Completion of Design Development and cost estimates 40%
1.3. Completion of Construction documents 75%
1.4. Action by City Council to accept bids 80%
1.5. Final acceptance of the Project by the City 100%
1.6. Reimbursement of allowable expenses shall have prior approval of the City. Allowable expenses
include:
1.6.1.Printing Costs
1.6.2.Enhanced CAD drawings for public and City meetings.
1.6.3.Long distance phone calls
1.6.4. Postage and courier expenses
1.6.5. Other costs with prior approval of the City.
SECTION VI RESPONSIBILITY FOR CONSTRUCTION COSTS
1. The Construction Budget for these two Projects is$4,400,000;with$2,200,000 for Fire Station No. I 1
and $2,200,000 for Fire Station No. 41. If the Construction Budget is exceeded by the lowest bona
fide bid, the City may(1) award the contract, (2 abandon the project and terminate this agreement, or
(3) cooperate in the reduction of the Project Scope and features as required to am-Wl% h
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Construction Budget in order to rebid the Project. If the City decides to reduce the scope of the project
and rebid, the Architect shall, without additional fee, modify the Drawings and Specifications as
necessary to stay within the Construction Budget. In the event the City abandons the project,the City
may terminate this Agreement,and the Architect shall be entitled to 80%of the total fee plus allowable
reimbursement.
2. The Architect shall inform the City in writing of the probable construction cost at the submission of
each design phase. The City shall either approve the adjustment of the Construction Budget or direct
the Architect to adjust the Project design, at no additional cost to the City,to stay within the previously
approved Construction Budget.
SECTION VII METHOD OF PAYMENT
1. The Architect shall be paid not more frequently than once per month on the basis of statements
prepared from the books and records of account of the Architect, such statements to be verified as to
accuracy and compliance with the terms of this Agreement by an officer of the Architect. Payment
according to statements will be subject to certification by the Director, Transportation and Public
Works Department or his duly authorized representative that such work has been performed.
2. The above charges are on the basis of prompt payment of bills rendered and continuous progress of the
work on the Projects until completion. If City fails to make any payment required herein for services
and reimbursable expenses within sixty days after approval of Architect's statement thereof, Architect
may, after giving seven days written notice to City, suspend services under this Agreement until
Architect has been paid in full all amounts due for services actually performed and reimbursable
expenses incurred.
SECTION VIII PROCEDURES FOR PROVIDING DESIGN SERVICES
1. Schematics Phase:
I.I. The Architect shall visit the sites and make himself familiar with the scopes of the Projects.
1.2. Prepare alternative site plans, architectural concepts and principal equipment and finish plans
and area-based cost estimates.
2. Design Phase:
2.1. The Architect shall perform all services necessary to survey,plat,prepare and vacate easements,
and any other property issues necessary to complete the design and secure a construction permit.
2.2. The design shall include all site work, design and coordination of utilities, landscaping and
facility design required for a complete and functional project.
2.3. The Architect shall prepare presentation graphics using plans necessary for the design and attend
two public meetings during the design of the project.
2.4. Architect shall prepare the design in stages as follows:
2.4.1. Design Development Phase: Preparation of architectural and MEP floor plans, principal
elevations, civil and utility site plans, selection of principal equipment and finishes, and
discipline-based cost estimates. Upon written approval of this phase of the work,Architect
may proceed to the Construction Document Phase.
2.4.2.Construction Document Phase: Preparation of details, mechanical, electrical, and plumbing
plans,finishes schedules,detailed technical specifications,and detailed cost estimates.
2.5. Format of Drawings
2.5.1.Drawings at all stages of design will have the following characteristics: Scale for floor plans
will be 1/8"or such other scale as may be agreed to in writing for all disciplines,elevations
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will be at same scale as floor plans, area plans will have same scale for all disciplines, and
site plans for all disciplines will be at same scale.
2.5.2. Drawings shall plot to 2204 sheet to facilitate half-size 11x17 prints. Fonts shall be legible
at half-size.
2.6. Architect, at its sole cost and expense, shall engage a consultant to prepare "Elimination of
Architectural Barriers Registration" and submit the applications to the Texas Department of
Licensing and Regulation. The City will pay all fees required for TDLR reviews and inspections.
All designs shall be in conformance with the Elimination of Barriers Act, State of Texas, City of
Fort Worth Building Codes and the Americans with Disabilities Accessibility Guidelines for
Buildings and Facilities.
2.6.1. The Architect shall reimburse the City of Fort Worth for all costs and fees incurred in
modifying a facility in the event it is constructed in accordance with the Architect's designs
and is subsequently determined to be in non-conformance with the above Act, Codes or
Guidelines.
2.6.2.The City will bear the construction costs associated with enhancements. The Architect will
reimburse the City for costs to replace or rework features that were constructed in
accordance with the design but fail to meet accessibility requirements or building codes.
2.7. The Architect shall include procedures for mitigating environmental impact, use of recycled
building materials, sustainable construction, and a building-commissioning program in the design
of the project.
2.8. The Architect shall submit estimates of probable construction cost for each stage of design to the
City.
2.9. The City shall acknowledge the probable construction costs and scope in writing at each stage of
design.
2.10.Upon written approval of the final design, the Architect shall make whatever final changes are
necessary and submit the drawings and technical specifications to the City for use in bidding.
2.11.The Architect shall provide electronic files in PDF or DWF format for posting to the Internet.
3. Bidding:
3.1. The Architect shall respond to Contractors inquiries,prepare necessary addenda, and conduct the
Prebid Conference.
3.2. The Architect shall coordinate printing of documents for bidding.
3.3. Following bidding, the Architect shall investigate the qualifications of up to three bidders and
make recommendations concerning the capability of the bidder to satisfactorily perform the
contract.
4. Construction Services:
4.1. The Architect shall assist the City by approving submittals, observing construction procedures
and results, reviewing methods and costs associated with proposed change orders, and resolving
construction problems.
4.2. Architect shall attend periodic job site meetings,prepare meeting notes and distribute them to all
participants and key project personnel.
4.3. At the completion of construction, the Architect shall conduct and document the final inspection
and assist the City on the resolution of construction or design deficiencies.
4.4. Architect will review contractor's pay requests.
4.5. Architect will conduct final acceptance and end of warranty inspections.
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4.6. The Architect shall provide electronic files to the Contractor for the Contractor's preparation of
"Record Drawings"for the City's archives.
4.7. Architect will provide CAD files of all drawings suitable to use on AutoCAD LT or such other
operating system as determined by the City.
5. All designs, drawings, specifications, documents, and other work products of the Architect,whether in
hard copy or in electronic form, are instruments of service for this Project, whether the Project is
completed or not. Reuse, change, or alteration by the City or by others acting through or on behalf of
the City of any such instruments of service without the written permission of the Architect will be at
the City's sole risk. The City shall own the final printed designs, drawings, specifications and
documents. Transfer of ownership of the contract documents does not constitute sale of the
documents
SECTION IX CITY RESPONSIBILITIES
1. Provide criteria and information as to City's requirements and designate a person with authority to act
on City's behalf on all matters concerning the Projects.
2. Assist Architect in obtaining existing studies, reports and other available data and services of others
pertinent to the Projects and in obtaining additional reports and data as required.
3. Upon reasonable notice arrange for access to and make all provisions for Architect to enter upon
public and private property as may be required for Architect to perform services hereunder.
4. Designate in writing qualified persons who will act as City's representatives with respect to the
Projects for the purposes of transmitting instructions, receiving information, interpreting and defining
City's policies and decisions with respect to Architect's services.
5. Review all reports, recommendations and other documents and provide written decisions pertaining
thereto within a reasonable time.
6. Upon reasonable notice provide labor and safety equipment to expose structural elements, to make
temporary repairs, and to operate mechanical and electrical systems as required by the Architect in the
development of the design.
7. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by Architect, obtain advice of an attorney, insurance counselor and other architects as it
deems appropriate for such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of Architect.
8. Provide"Front End", including Division 1 requirements,for use in assembling the Project Manual.
9. Prepare easements and right-of-way acquisition conveyance documents, from description provided by
Architect, contact owners, negotiate for or condemn all easements and right-of-way, pay all filing and
legal fees associated therewith.
10. Provide such legal, accounting, insurance and other counseling services to City as may be required for
the Projects.
11. Manage the advertisement and bidding of the project, issue addenda, distribute bid documents, award
contract,and execute the contracts.
12. Administer the construction of the Project.
13. Provide inspection and management services.
14. Provide contractors prepared field drawings to the Architect for review.
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15. Pay all impact and utility fees and other fees not expressly assigned to the Architect. This includes
fees charged by Oncor for new or revised service.
16. Print documents for bidding and record.
17. Bear all costs incident to compliance with this Section.
SECTION X TERMINATION
1. The City may terminate this Agreement at any time for convenience or for any cause by notice in
writing to the Architect. Upon receipt of such notice, the Architect shall immediately discontinue all
services and work and the placing of all orders or the entering into contracts for supplies, assistance,
facilities and materials in connection with the performance of this Agreement and shall proceed to
cancel promptly all existing contracts insofar as they are chargeable to this Agreement.
2. If the City terminates this Agreement under the foregoing paragraph, the City shall pay the Architect
for services performed in accordance herewith prior to such termination, less such payments having
been previously made. Such payment shall be based upon the work completed up to the date of
termination of the Agreement in accordance with the method of compensation prescribed in Sections
V and VI hereof. Architect shall also be compensated for all termination-related expenses such as
meeting attendance, document reproduction, transfer of records, etc. Provided, however, Architect
shall not be entitled to any compensation that exceeds the total fee to be paid hereunder at the
applicable phase as stated in Section V.
3. Upon early termination or conclusion of this Agreement, the Architect shall provide the City
reproducible copies of all completed or partially completed engineering documents prepared under this
Agreement that shall become the property of the City and may be used by the City in any manner it
desires. The Architect shall not be liable for the use of such materials for any project other than the
project described in this Agreement.
SECTION XI INDEMNITY AND INSURANCE
1. Approval by the City of contract documents shall not constitute or be deemed to be a release of the
responsibility and liability of the Architect, its officers, agents, employees and subconsultants, for the
accuracy and competency of the services performed under this Agreement, including but not limited to
surveys, location of subsurface investigations, designs,working drawings and specifications and other
Engineering documents.
2. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City
for any negligent act, error or omission in the conduct or preparation of the subsurface investigations,
surveys, designs, working drawings and specifications and other Engineering documents by the
Architect, its officers, agents, employees and subconsultants, it being the intent of the parties that
approval by the City signifies the City's approval of only the general design concept of the
improvements to be constructed.
3. In this connection the Architect shall indemnify and hold the City and all its officers, agents, servants
and employees harmless from any loss, damage, liability or expenses, on account of damage to
property and injuries, including death, to all persons, including but not limited to officers, agents, or
employees of the Architect or subconsultant,and all other persons performing any part of the work and
improvements, which may arise out of any negligent act, error or omission in the performance of the
Architect's professional services or in the preparation of designs,working drawings, specifications and
other documents.
4. The Architect shall defend at its own expense any suits or other proceedings brought against the City,
its officers, agents, servants and employees, or any of them on account thereof, and shall pay all
expenses and satisfy all judgments which may be incurred by or rendered against them ai s g}t Wk-J,
R F C AV I D
CITY EC-IMY
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the indemnification; provided and except, however, that this indemnification provision shall not be
construed as requiring the Architect to indemnify or hold the City or any of its officers, agents,
servants or employees harmless from any loss, damages, liability or expense, on account of damage to
property or injuries to person caused by defects or deficiencies in design criteria and information
provided to Architect by City, or any deviation in construction from Architect's designs, working
drawings, specifications or other documents.
5. Without limiting the above indemnity, Architect shall maintain a policy of comprehensive general
liability insurance coverage with carriers acceptable to City in at least the following amounts:
Commercial General Liability $1,000,000 Per Occurrence
$2,000,000 Aggregate Limit
Workers Compensation
Coverage A: Statutory limits
Coverage B:Employers Liability Insurance
$100,000 Each Accident/Each Occurrence
$100,000 Disease—per each employee
$500,000 Bodily Injury/Disease—Policy Limit
Automobile Liability
$1,000,000 each accident on a combined single basis
OR
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
Professional Liability Insurance
(Errors and Omissions) $1,000,000 Per occurrence
$2,000,000 Project aggregate
6. Architect shall furnish City a Certificate of Insurance in at least the above amounts. Certificate shall
contain a provision that such insurance cannot be canceled without 30 days prior written notice to
City. The City reserves the right to revise insurance requirements specified in this Agreement to the
best interests of the City.
7. General Insurance Requirements
7.1. Commercial General Liability coverage shall be endorsed to name the City an Additional Insured
thereon. The term "City" shall include its employees, officers, officials, agents, and volunteers as
respects the contracted services.
7.2. Certificate(s) of insurance shall document that insurance coverage specified are provided under
applicable policies documented thereon.
7.3. Any failure on part of the City to request required insurance documentation shall not constitute a
waiver of the insurance requirements.
7.4. A minimum of forty-five days notice of cancellation, non-renewal or material change in coverage
shall be provided to the City. A ten days notice shall be acceptable in the event of non-payment of
premium. Such terms shall be endorsed onto Architect's insurance policies. Notice shall be sent to
the Facilities Manager, Transportation and Public Works Department, 1000 Throckmorton, Fort
Worth,TX 76102.
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7.5. The City shall not be responsible for the direct payment of any insurance premiums required by this
Agreement. It is understood that insurance cost is an allowable component of the Architect's
general overhead.
7.6. The City reserves the right to revise insurance requirements specified in this agreement according to
the best interests of the City.
7.7. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise
approved by the City; and, such insurers shall be acceptable to the City in terms of their financial
strength and solvency.
7.8. Deductible limits, or self-insured retentions, affecting insurance required herein may be acceptable
to the City at its sole discretion; and, in lieu of traditional insurance, any alternative coverage
maintained through insurance pools or risk retention groups must be also approved. Dedicated
financial resources or letters of credit may also be acceptable to the City.
7.9. The City shall be entitled, upon its request and without incurring expense,to review theArchitect's
insurance policies including endorsements thereto and,at the City's discretion,the Architect may be
required to provide proof of insurance premium payments.
7.10.All insurance, except for the Professional Liability insurance policy, shall be written on an
occurrence basis.
7.11.The Professional Liability Policy shall be written on a "claims made" and shall be in effect for
the duration of this Agreement and for 12 months following Architect's issuance of the
Certificate of Substantial Completion. The Architect's current insurer shall list the City as a
certificate holder for a period of ten years following the issuance of the Certificate of Substantial
Completion by the Architect. The City shall be notified at least 30 days prior to cancellation or
substantial change in coverage.
8. The City shall require its General Contractor to include the Architect as an additional insured on its
general liability insurance.
SECTION XII HAZARDOUS MATERIALS
I. City acknowledges Architect will perform part of the work at City's facilities that may contain
hazardous materials, including asbestos containing materials, or conditions, and that Architect had no
prior role in the generation,treatment, storage,or disposition of such materials. In consideration of the
associated risks that may give rise to claims by third parties or employees of City,City hereby releases
Architect from any damage or liability related to the presence of such materials.
2. The release required above shall not apply in the event the discharge, release, or escape of hazardous
substances, contaminants, or asbestos is a result of Architect's negligence or if Architect brings such
hazardous substance,contaminant,or asbestos onto the Projects.
SECTION XIII RIGHT TO AUDIT
I. Architect 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 the Architect involving transactions relating to this Agreement. Architect agrees that
the City shall have access during normal working hours to all necessary Architect facilities and shall
be provided adequate and appropriate workspace in order to conduct audits in compliance with the
provisions of this section. The City shall give Architect reasonable advance notice of intended audits.
2. Architect further agrees to include in all its subcontracts hereunder a provision to the effect that the
subconsultant 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 subconsultant, involving transactions to the subcontract, and further, that
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City shall have access during normal working hours to all subconsultant 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 subconsultant reasonable advance notice of intended audits.
3. Architect and subconsultants agree to photocopy such project-related documents as may be requested
by the City. The City agrees to reimburse Architect and subconsultants for the costs of copies at the
rate published in the Texas Administrative Code.
SECTION XIV SUCCESSORS AND ASSIGNS
1. The City and the Architect each bind themselves,their successors and assigns,to the other party to this
Agreement and to the successors and assigns of each other party in respect to all covenants of this
Agreement.
SECTION XV ASSIGNMENT
1. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of
the other party, and any attempted assignment, sublease or transfer of all or any part hereof without
such prior written consent shall be void.
SECTION XVI INDEPENDENT ARCHITECT
1. Architect shall perform all work and services hereunder as an independent Architect, and not as an
officer, agent, servant or employee of the City. Architect shall have exclusive control of, and the
exclusive right to control the details of the work performed hereunder, and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and
subconsultants. Nothing herein shall be construed as creating a partnership or joint venture between
the City and the Architect, its officers, agents, employees and subconsultants, and doctrine of
respondent superior has no application as between the City and the Architect.
SECTION XVII M/WBE GOALS
1. In accordance with City of Fort Worth Ordinance No. 15530,the City has goals for the participation of
minority and woman business enterprises in City contracts. Architect acknowledges the M/WBE goal
of 38%established for this Agreement and its commitment to meet that goal.Any misrepresentation of
facts (other than a negligent misrepresentation) and/or the commission of fraud by Architect may
result in termination of this Agreement and debarment from participating in City contracts for a period
of time not less than three years.
SECTION XVIII OBSERVE AND COMPLY
1. Architect shall at all times observe and comply with all Federal and State 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. Architect agrees to defend,
indemnify and hold harmless City and all 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.
SECTION XIX MISCELLANEOUS
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I. 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.
2. 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.
3. This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto
shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each
party hereto shall be solely responsible for the fulfillment of its own contracts or commitments.
IN TESTIMONY THEREOF,the City of Fort Worth has caused this instrument to be signed in triplicate in
its name and on its behalf, by its City Manager and attested by its City Secretary, with the Corporate Seal
affixed; and the Architect has also properly executed this instrument in triplicate copies, each of which is
deemed an original.
EXECUTED IN THE CITY OF FORT WORTH,TEXAS,THIS_nth day of&tl,A.D.,2006.
RPGA DESI INC. APPROVED:
By: By:
Javier . ucio arc Ott Y(
Pri pal Assistant City Manager
APPROVAL RECOMMENDED: RECORDED:
C
By: By:
Robe Goode,Director Marty Hendri
Transportation and Public Works Department City Secretary
Lc
Contrac', utnorization
APPROVED AST ORM AND LEGALITY:
Date
By: \\ Date:
Am . Ra ey
Assistant ty Attorney
The Texas Board of Architectural Examiners,8213 Shoal Creek Boulevard,Suite 107,Austin,Texas,78758,telephone(512)305-
9000,has jurisdiction over individuals licensed under the Architects'Registration Law,Texas Civil Statutes,Article 249a.
OFFIClAI RECORD
Ci0 SECRETARY
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' IR SP GGUP. AC.
January 21, 2005 /January 24, 2005 (revised) /March 28, 2006 (revised)
Mr. Dalton Murayama
Architectural Services Manager
Transportation and Public Works Department
319 W. 10th Street
Fort Worth, Texas 76102
RE: Two (2) Site Adaptations of Prototype Fire Station
RPGA#050114-M 1
Mr. Murayama:
It is with great enthusiasm that RPGA Design Group, Inc. presents the following Services and Fee
Proposal for the"Site Adaptation of the Prototype Fire Station." This proposal reflects our anticipated
Professional Services for the site adaptation of the"Prototype Fire Station" for the two following
locations:
Fire Station#11 -Northwest ISD
Fire Station#41 —Willow Springs Road
We submit the following:
I. Project Description
A. General Description: The two new fire stations will be site adaptations of the Prototype Fire
Station developed for the City of Fort Worth by RPGA Design Group. The site adaptations
will maintain the same programming requirements provided for Fire Station#38 in Northeast
Fort Worth. The new fire stations will be new Two Company Fire Stations of approximately
9,256 square feet of Total Living and Apparatus space with additional miscellaneous
mechanical and porch space under roof.
B. Site Requirements: The site adaptation design will provide for the drive through fire station
with separate employee and visitor parking. The visitor's parking will accommodate
accessible parking and accessible access to the facility. The fire station will be sited to
efficiently accommodate all necessary entities. In addition, the fire station will be oriented to
take advantage of passive solar opportunities. Landscaping will be provided to meet the City
of Fort Worth's landscape requirements and the development covenants of the specific site, if
applicable. Additional landscaping will also be provided as appropriate for this location and
as required to assist in passive solar design. Security and or privacy fencing will also be
provided.
C. Exterior Design Features: The building will be sited to take advantage of passive solar
opportunities. In addition, landscaping, the placement of openings and the color of exterior
materials will be designed and selected with passive solar considerations. The selection of
ROD
101 S.Jennings Avenue,Suite#100 Fort Worth,Texas 76104 (817)332-9477 (972)445-6425 FAX ( 173 %z�4R 2IA,
jiucio@rpgaarchitects.com (888)TRY-RPGA www.rpgaarchitects.com �(�jQ �?5 U L59rR u
'UGj�wt YEN
City of Fort Worth 2 Fire Station#11 (Northwest ISD)
Fort Worth Fire Department Fire Station#41 (Willow Springs Road)
exterior materials for this fire station will be similar in style and color to the materials
selected for the Prototype Fire Station-Fire Station#38.
D. Interior Design Features: The new fire station will implement the features developed for
the Prototype Fire Station. The new fire stations are designed to meet the American's with
Disabilities Act (ADA) and the Texas Accessibility Standards (TAS). Variance applications
for each fire station will be submitted to the Texas Department of Licensing and Regulation
(TDLR) for the design of an adaptable kitchen in lieu of an accessible kitchen as required by
TAS. Also a variance application will be submitted to TDLR for the design of adaptable
restrooms/showers. The cost for filing TAS Review, Inspection and Variance reports for
each of the fire stations will be submitted as reimbursable expenses.
E. Special Mechanical/Plumbing Systems Considerations: A geothermal heating and
cooling system and a conventional heating and cooling split-system have been designed for
the Prototype Fire Station. A diesel exhaust system will be provided for the two fire stations.
In addition, the fire stations will include a fire protection system throughout the living
quarters and the apparatus bay.
F. Construction Budget: RPGA Design Group anticipates construction costs of approximately
$2,250,000.00 inclusive of a 5% construction contingency. At 9,256 square feet that is equal
to a cost of$243.09 per square foot, inclusive of typical site improvements. If the new sites
have unusual geological conditions, this condition may significantly alter the final
construction costs.
It is understood that the Owner will work with RPGA to modify the project requirements "if'
it becomes necessary to meet the project budget.
II. Scope of Services
A. General Services: RPGA will meet with the Owner to clarify and define the Owner's
requirements and budget for each specific site 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. Construction Documents: Based on any adjustments in the scope or quality of each of the
Fire Stations or in the construction budget authorized by the Owner for each Fire Station,
RPGA shall prepare, for approval by the Owner, 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.
In addition, RPGA will also use these documents to establish a Statement of Probable
Construction Cost. In providing a Statement of Probable Cost, the Owner understands that
RPGA has no control over costs or the price of labor, equipment or materials, �a
Contractor's method of pricing, and that the Statement of Probable Cost provi e C1,jR
to be made on the basis of RPGA's qualifications and experience. RPGA mak s>RdYY"E"I ARY
�19� ' •�vU U�' U�i�
101 S.Jennings Avenue,Suite#100 Fort Worth,Texas 76104 (817)332-9477 (972)445-6425 FAX(817)332-9487
(888)TRY-RPGA www,rpgaarchitects.com
City of Fort Worth 3 Fire Station#11 (Northwest ISD)
Fort Worth Fire Department Fire Station#41 (Willow Springs Road)
warranty, expressed or implied, as to the accuracy of such estimate as compared to bid or
actual costs.
C. Bidding and Negotiating: RPGA, following the Owner's approval of the Construction
Documents for each of the Fire Stations, shall assist the Owner in obtaining bids or
negotiated proposals and assist in awarding and preparing contracts for construction of each
of the Projects. RPGA will document all pre-bid conferences and meetings.
D. Contract Administration:
1) RPGA shall visit each of the sites 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. However, RPGA shall not be required to
make exhaustive or continuous on-site observations. RPGA shall endeavor to guard the
Owner against defects and deficiencies in the construction and shall attend weekly and
necessary construction meetings.
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) If requested by the owner, RPGA shall determine the amounts owing to the contractor,
based on observations at the site and on evaluations of the contractor's application for
payment in such amounts, as provided in the construction cost estimates.
5) RPGA shall advise the Owner to reject work that does not conform to the contract
documents.
6) RPGA shall review and take appropriate 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,
and m.e.p. 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) RPGA shall prepare "Record Drawings" for the project based on the Contractor's
marked-up field drawings, inspection notes and RPGA's observations.
9) Conduct warranty inspection within one(1) year of Substantial Completion.
10) The extent of the duties, responsibilities and limitations of authority of RPGA, as the
Owner's representative during the construction shall not be modified or extended
without written consent of both the Owner and RPGA. OFFlC1IA WHO,
CM MUCIERIPY
101 S.Jennings Avenue,Suite#100 Fort Worth,Texas 76104 (817)332-9477 (972)445-6425 FAX(817)332-9487
(888)TRY-RPGA www.rpgaarchitects.com
City of Fort Worth 4 Fire Station#11 (Northwest ISD)
Fort Worth Fire Department Fire Station#41 (Willow Springs Road)
III. 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 of the project,
the fees will be subject to revision.
The following proposed fees include the services of Topographical Survey, Platting, Civil,
Landscape, Irrigation, Structural and M.E.P. Consultants. RPGA has calculated our
proposed fees based on a time basis with a not to exceed maximum as delineated below.
Fees per Total
Fire Station
Architectural $ 52,500.00 x 2 = $105,000.00
Site Layout Modifications
Architectural Modifications
TAS Project Registration
TAS Variance Applications
As-built Record Drawings
COMcheck Compliance Report
1 year Warranty Inspection
Civil Engineer— Standard Services 16,000.00 x 2 = $32,000.00
Site Layout Modifications
Utility Tie-in Modifications
TAS Project Registration
Landscape 4,470.00 x 2 = $8,940.00
Irrigation 3,480.00 x 2 = $6,960.00
Structural 9,000.00 x 2 = $18,000.00
M.E.P. 7,000.00 x 2 = $14,000.00
Fire Protection System
Ground Source Heat Pump System and
Alternate Conventional Systems
COMcheck Compliance Report
Total Consultant Fees $92 450.00 x 2 = $184,900.00
Antici ated Reimbursable Expense $1,250.00 x 2 = $2,500.00
TDLR TAS Fees $1,000.00 x 2 = 2,000.00
Surveying— Standard Services* $8,500.00 x 1 = $8,500.00
Platting of Property
Topographic Survey
Total Anticipated Fees $103,200.0_0* :K 2 = 7
*Platting and Topographic services will be provided by the Owner at Fire Station h`11.
101 S.Jennings Avenue,Suite#100 Fort Worth,Texas 76104 (817)332-9477 (972)445-6425 FAX(817)332-9487
(888)TRY-RPGA www.rpgaarchitects.com
City of Fort Worth 5 Fire Station#11 (Northwest ISD)
Fort Worth Fire Department Fire Station#41 (Willow Springs Road)
B. Payments to RPGA shall be made upon presentation of RPGA's statement of services and
expenses. Payments due RPGA and unpaid under this agreement shall bear interest from the
date payment is due at a rate of 1-1/2%per month, unless greater than the applicable legal
rate in which case the applicable legal rate shall be charged and shall require RPGA to stop
progress on the Project until payments become timely.
C. 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: $125.00
Projects Architects: $85.00
Associate Architects: $65.00
Clerical $40.00
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.
D. RPGA anticipates reimbursable expenses of approximately $1,250 for each fire station for a
total of$2,500.00 for two fire stations. Reimbursable fees will be billed to the Owner at
actually cost expended by RPGA. Reimbursable fees will include, but not be limited to, the
following:
1) Actual cost of reasonable incidental charges exclusive of markup for delivery charges;
actual 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 Construction Documents as required for reviewing
and developing the site adaptation of the approved Prototype Fire Station Design.
2) All necessary costs of printing or courier services for the purpose of bidding the
Construction Documents and Specifications will be the responsibility of the Owner.
E. MWBE Utilization—The fees identified above include the utilization of the following
MWBE firms:
Charles Gojer and Associates
Civil Engineering...............................................................................$32,000.00
Pacheco Koch Consulting Engineers
Topographical Surveys and Platting....................................................$8,500.00
R. L. Woods and Associates
Structural Engineering.......................................................................$18,000.00 0FFIC_'1Ali Llpll CNIr�
LTS Design Group G��C� S�� �L U?��
g
Landsca e/Irrt ation $15,900.00 FY, ;r1
,?,,feu ggip?
Landscape/Irrigation ., �: � U
The total fees listed for MWBE firms are $74,400.00. Based on a total consulting fee of
$197,900.00, the consultants identified above provide over 37.5% MWBE participation.
101 S.Jennings Avenue,Suite#100 Fort Worth,Texas 76104 (817)332-9477 (972)445-6425 FAX(817)332-9487
(888)TRY-RPGA www.rpgaarchitects.com
City of Fort Worth 6 Fire Station#11 (Northwest ISD)
Fort Worth Fire Department Fire Station#41 (Willow Springs Road)
IV. Schedule:
A. Based on our understanding of the scope of services we estimate the schedule to be as
follows:
Site Adaptation 4-6 Weeks
Construction Documents (95%) 4-6 Weeks
Bid Documents (100%) 2-3 Weeks
Anticipate Design/Documentation Duration 10-15 Weeks
B. This schedule anticipates an additional period of one week for review by the Owner for
changes and clarifications at the completion 95% of Construction Documents.
V. Owner's Responsibilities:
The Owner shall provide full information regarding requirements for the Project, and RPGA shall
be entitled to rely upon the accuracy and completeness thereof, including,but not limited to, site
information, zoning, boundary surveys, easements, soils information and any special restrictions or
variances pertaining to the site, including complete utility data and restrictions, as well as, all
essential information to be supplied by subcontractors or consultants retained by the Owner.
As requested by the Owner, RPGA will only provide platting and a topographical survey for Fire
Station #41 (Willow Springs Road).
VI. Changes:
If a major change is made in the scope, approach or details of the Project at the Owner's request
after or 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.
VII. Ownership of Documents:
All plans and drawings will be prepared and submitted by RPGA to the Owner for approval on 22
x 34 bond sheets, with all plotted lettering clearly legible when the sheets are reproduced and
reduced to half size.
Drawings and specifications as instruments of service are and shall remain the property of RPGA
whether the project for which they are made is executed or not. A duplicate set of all drawings
and specifications shall become the legal property of the Owner. Reuse, change, or alteration by
the Owner or by others acting through or on behalf of the Owner of any such instruments of
service without the written permission of the Architect will be at the Owner's sole risk. The
Owner agrees not to execute, sell or gift these plans and specifications for any other project or
extensions of this project except by agreement in writing and with appropriate compensation to
RPGA.
VIII.Limits of Liability:
The Agreement is created to allow production of design and construction documents only. RPGA,
its officers, employees, agents, or consultants shall not be held liable or responsible for acts, errors
or omissions of the Owner, contractor, or any of the contractors' subcontractors, agents,
employees, or any other persons performing or providing information for any of the
OFFIC I All BUD
101 S.Jennings Avenue,Suite#100 Fort Worth,Texas 76104 (817)332-9477 (972)445-6425 FAX( 17VIMIvv4g U Uri U
(888)TRY-RPGA ww.rpgaarchitects.com Y T. ° 'q'1 ��' ��G4e
;;
City of Fort Worth 7 Fire Station#11 (Northwest ISD)
Fort Worth Fire Department Fire Station#41 (Willow Springs Road)
Owner shall indemnify RPGA should legal action result from any acts, errors, or omissions of the
Owner, contractor, any of the contractor's subcontractors, agents, employees, or any other persons
performing any of the work.
IX. Termination: In the event either party chooses to terminate this agreement before any phase of
RPGA's work (Design, Construction Documents, or Construction) is complete, the above stated
hourly rate will be used to compute partial compensation then due RPGA. In any case, the amount
of compensation would not exceed the stated fee for the phase of work underway at the time of
termination. If the Project is suspended at any time, for more than three (3) months, the terms of
this agreement shall be subject to revision. If terminated, the Owner will own any products
developed, to date, for which RPGA has been compensated.
X. Publishing Credit: In the event that the design, built product, or bi-product, of the design is
published, the owner agrees to give RPGA Design Group Inc. credit for the Architectural Design
in the published article (publishing credit excludes newspapers).
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,
ier Q. L 'o, Principal
R P G A Design Group,Inc.
101 S.Jennings Avenue,Suite#100 Fort Worth,Texas 76104 (817)332-9477 (972)445-6425 FAX(817)332-9487
(888)TRY-RPGA www.rpgaarchitects.com
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/11/2006
DATE: Tuesday, July 11, 2006
LOG NAME: 20RPGA11&41 REFERENCE NO.: **C-21547
SUBJECT:
Authorize Execution of an Architectural Design Contract with RPGA Design Group, Inc. for Design
and Construction Administration Services for Fire Stations No. 11 and No. 41
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a combined contract with
RPGA Design Group, Inc., in the total amount of $197,900 for design and construction administration
services for Fire Stations No. 11 ($94,700) and No. 41 ($103,200).
DISCUSSION:
On July 15, 2003, (M&C C-19661) the City Council authorized the City Manager to execute an agreement
with RPGA Design Group, Inc. for the design of Fire Station No. 38 and the development of a prototype
design for a two-company, three-bay fire station. Fire Stations No. 11 and No. 41 will be prototype facility
designs adapted to the specific sites.
Fire Station No. 11 is in the 2004 Capital Improvement Program (CIP) and will be located in COUNCIL
DISTRICT 2 on Highway 114 and Harriet Creek Drive on the Northwest Independent School District
central campus.
Fire Station No 41 is in the 2004 CIP and will be located in COUNCIL DISTRICT 7 on Willow Springs
Road, north of West Bonds Ranch Road near Highway 287.
The estimated overall cost of the Fire Station No. 11 project is:
Design $94,700.00
Construction $2,200,000.00
Land Purchase $67,000.00
FF&E $100,000.00
Contingency, survey, geotech, staff $593,300.00
Total $3,055,000.00
The estimated overall cost of the Fire Station No. 41 project is:
Design $103,200.00
Construction $2,200,000.00
Land Purchase $195,000.00
FF&E $100,000.00
Contingency, geotech, staff $501,800.00
Total $3,100,000.00
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/1/2006
Page 2 of 2
RPGA Design Group, Inc. is in compliance with the City's M/WBE Ordinance by committing to 38%
M/WBE participation. The City's goal for these projects is 38%.
The completion of the two fire stations will add 19,500 square feet to the City's facility inventory and add
approximately $5,000/year per building in the facility maintenance and repair requirements.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Fire Improvements Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C235 531200 202110017930 $94,700.00
C235 531200 207110017830 $103,200.00
Submitted for City Manager's Office by: Marc Ott (6122)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Dalton Murayama (8088)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/1/2006