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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, Parker, 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 puipose of providing architectural design and consriuction
administration services for design of the City's roto e Fire Station No. 34.
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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 a prototype fue station and provide construction administration services for
Fire Station No. 34 on Sendera Ranch Boulevard in Fort Worth, Texas ("Project").
The scope of services is described more fully in Attachment "A" of this Agreement.
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1. The following personnel will be assigned to this Project:
1.1. City of Fort Worth
1.1.1. Project Manager: Don Powell, 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 CIIAR.ACTER OF ARCHITECT'S SERVICES
1. Architect shall consult with the City to clarify and define City's requu•ements 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 seivices
and data from otheis 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 ��.�c�s o€ot��rs:
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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. �
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5. The Architect shall perform seivices as outlined in the RPGA Desi�n Group, Inc. letter, dated
November 14, 2006 (Revised — December 19, 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 seivices, 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 seivices 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 $ll5,800, hereinafter refeired to as the "total fee," plus up to $3,500
in reimbursable expenses.
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
1.4. Action by City Council to accept bids
1.5. Final acceptance of the Project by the City
75%
80%
100%
1.6. Reimbursement of allowable expenses shall have priar approval of the City. Allowable expenses
include:
1.6.1. Printing Costs
1.6.2. Enhanced CAD drawings for public and City meetings.
1.63. 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 the Project is $2,300,000. 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 stay
within the 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
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Specifications as necessary to stay within the Consriuction 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 conshuction cost at the submission of
each design phase. The City shall either approve the adjustment of the Constiuction 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 cei�tification by the Director, Transportation and Public
Works Deparhnent 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
wark 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 seivices actually performed and reimbursable
expenses incurred.
SECTION VIII PROCEDURES FOR PROVIDING DESIGN SERVICES
Schematics Phase:
1.1. 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. L 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 fmishes, 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, elecri�ical, 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
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.
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2.5.2. Drawings shall plot to 22x34 sheet to facilitate half-size 11 x 17 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 Bairiers 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 incuned in
modifying a facility in the event it is consriucted 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 conshucted 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-commissionin�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 acicnowledge the probable constiuction costs and scope in writing at each stage of
design.
2.10. Upon written approval of the iinal 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 satisfactarily perform the
contract.
4. Construction Services:
4.1. The Architect shall assist the Ciry by approving submittals, observing consriuction 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 contractar's pay requests.
4.5. Architect will conduct final acceptance and end of wananty inspections.
4.6. The Architect shall provide electronic files to the Contractor far the Contractor's preparation of
"Record Drawings" for the City's archives.
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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 far 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 seivice without the written permission of the Arcbitect 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 requu•ements 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 far access to and make all provisions for Architect to enter upon
public and private property as may be required for Architect to perform seivices 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 shuctural elements, to make
temparary 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 seivices 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, fi•om 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.
ll. 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.
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.
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16. Print documents for bidding and record.
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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 seivices 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 hereo£ Architect shall also be compensated far 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 INDENINITY 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 speciiications 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, en�or or omission in the conduct or preparation of the subsurface investigations,
suiveys, designs, warking 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, seivants
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 ofiicers, 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, ei�ror or omission in the perfoimance 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 arising out or
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,
seivants 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
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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 caniers acceptable to City in at least the following amounts:
Commercial General Liability $1,000,000 Per Occuirence
$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 occuirence
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 specifed in this Agreement to the
best interests of the City.
7. General Insurance Requn•ements
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 ar 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 Tlu•ockmorton, Fort
Worth, TX 76102.
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.
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7.7. Insurers for all policies must be authorized to do business in the state of Texas or be otheitivise
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 tl�rough 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 incuiring 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
1. 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 fi•om 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, ar 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
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 hansactions to the subcontract, and further, that
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.
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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 pariy 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 pariy, 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
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 conh•ol 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 officer•s, agents, employees and
subconsultants. Nothing herein shall be construed as creating a parinership 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
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 conri�acts. Architect acknowledges the M/WBE goal
of 29% is 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 fi�om participating in City contracts for a period
of time not less than tluee years.
SECTION XVIII OBSERVE AND COMPLY
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 wark
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 agaulst 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
L 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
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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 beneficiaiy 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, THISo�th day of �, A.D., 20(��'i.
RPGA DESIG3Q GROU , INC. �,
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BY� �� —
Javier Q. Lucio
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Principal /
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APPROVAL RECOMMENDED:
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By:
Robert oode D'u�ector
�= -`��' Transportation and Public Works Department
APPROVED AS-TO FORM AND LEGALITY:
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By. - - . _�::�-t �z
my J. jZ�insey; \ _ r�
Assist�n`t City Attorney
APPROVED:
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By� __
Ma c Ott
Assistant City Manager
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By.
Marty Hendrix
City Secretary
M&C G22051 (A�ril 10, 2007)
Contract Authorization
Date:
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.
Page 10 of 10
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November 14, 2006 (Revised - December 19, 2006)
Mr. Dalton Murayama
Architectural Seivices Manager
Transportation and Public Works Department
319 W. lOth Street
Fort Worth, Texas 76102
RE: Site Adaptation of Prototype Fire Station
Fire Station #34 — Sendera Ranch
RPGA #06ll 14-M1
Mr. Murayama:
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■
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 following site:
Fire Station #34 — Sendera Ranch
Sendera Ranch Boulevard, Fort Worth, Texas
We submit the following:
L Proiect Description
A. General Description: This new fire station will be a site adaptation of the Prototype Fire
Station developed for the City of Fort Worth by RPGA Design Group. The site adaptation
will maintain the same programming requirements provided for Fire Station #38 with the
building modifications incorporated into Fire Station #11 and #41. The new fire station will
be a new Two Company Fire Station of approximately 9,646 square feet of total living and
apparatus bay space with additional miscellaneous mechanical and porch space under roof.
In addition, Fire Station #34 will be oriented pe��endiczclaf� to Sendef�a Ranch Boulevard.
The site adaptation fof� this site will Yeqzri��e enhancement of the appar-atars bay side elevation
that will beconze the street front elevation fof� this site. Modifications to the architectc�ral,
strLcctural and MEP draN�ings will be pYovided foY this site adaptation.
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. Landscaping will be provided to meet the
City of Fort Worth's landscape requirements and the development covenants of the Sendera
Ranch Development, if applicable. Additional landscaping will also be provided as
101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 (972) 445-G425 FAX (817) 332-9487
jlucio@rpgaarchitects.com (888) TRY-RPGA www.rpgaarchitects.com
City of Fort Worth
Fort Worth Fire Department
II.
Fire Station #34
(Revised - December 19, 2006) Sendera Ranch
appropriate for this location and as required to assist in passive solar design. Security and ar
privacy fencing will also be provided.
C. Exterior Design Features: The selection of 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. It will be designed to meet the American's with Disabilities Act
(ADA) and the Texas Accessibility Standards (TAS). A variance application for the 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 lcitchen as required by TAS. Also
a variance application will be submitted to TDLR for the design of adaptable
restrooms/showers. The cost for iiling TAS Review, Inspection and Variance reports for this
fire station will be submitted as reimbursable expenses.
E. Special Mechanical/Plumbing Systems Considerations: A ground source heating and
cooling system as well as a conventional heating and cooling split-system have been
designed for the Prototype Fire Station. A diesel e�aust system will be provided. This fire
station will also include a fire protection system throughout the living quarters and the
apparatus bay.
F. Construction Budget: RPGA Design Group anticipates construction costs of approximately
$2,363,270.00 inclusive of a 5% construction contingency. At 9,646 square feet that is equal
to a cost of $245.00 per square foot, inclusive of typical site improvements. If the new site
has unusual geological conditions, this condition may significantly alter the final
construction cost.
It is understood that the Owner will work with RPGA to modify the project requirements "ifl'
it becomes necessary to meet the project budget.
ScoUe of Services
A. General Services: RPGA will meet with the Owner to clarify and define the Owner's
requirements and budget for this fire station 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 fiom 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 consti-uction budget
authorized by the Owner for the 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, or over the
Contractor's method of pricing, and that the Statement of Probable Cost provided herein is to
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
Fort Worth Fire Department
Fire Station #34
(Revised - December 19, 2006) Sendera Ranch
be made on the basis of RPGA's qualifications and experience. RPGA malces no warranty,
expressed or implied, as to the accuracy of such estimate as compared to bid or actual costs.
C. Biddin� and Negotiating: RPGA, following the Owner's approval of the Construction
Documents, shall assist the Owner in obtaining bids oi• negotiated proposals and assist in
awarding and preparing contracts for construction. RPGA will document all pre-bid
conferences and meetings.
D. 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. However, RPGA shall not be required to make e�austive or
continuous on-site obseivations. RPGA shall endeavor to guard the Owner against
defects and deficiencies in the construction and shall attend regularly scheduled
construction meetings as required throughout the construction period.
2) RPGA shall not have control of, or charge of, and shall not be responsible far
construction means, methods, techniques, sequences or procedures, or far safety
precautions or programs in connection with the worlc, 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 Schedule of Values.
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 confoimance 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)
9)
RPGA shall prepare "Record Drawings" for the project based on the Contractor's
marked-up field drawings, inspection notes and RPGA's observations.
RPGA will coordinate and conduct a 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.
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101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 (972) 445-6425 F X(8,'���J) 332=9487 ��
(888) TRY-RPGA www.rpgaarchitects.com � j� I� , ' ` `S
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City of Fort Worth
Fort Worth Fire Department
III. Compensation:
4 Fire Station #34
(Revised - December 19, 2006) Sendera Ranch
A. Based on our understanding of the scope of services to be perfoi�ned 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 Geotechnical, Platting, Civil, Landscape,
Irrigation, Structural and M.E.P. Consultants. RPGA has calculated our proposed fees on a
not to exceed maximum as delineated below.
Fees per
Fire Station
Geotechnical Services $3,300.00
Surve in — Standard Services $5,500.00
To o a hic Surve
Plattin of Pro ert
Architectural $65,050.00
Site La out Modifications
Architectural Modifications
TAS Pro'ect Re istration
TAS Variance A lications
As-built Record Drawin s
COMcheck Com liance Re ort
1 ear War�•ant Ins ection
Civil En ineer — Standard Services $16,000.00
Site La out Modifications
Utilit Tie-in Modifications
Landsca e $4,470.00
Irri ation $3,480.00
Structural $10,000.00
M.E.P. $8,000.00
Fire Protection S stem
Ground Source Heat Pump System and
Alternate Conventional S stems
COMcheck Com liance Re ort
Total Consultant Fees $115 800.00
Antici ated Reimbursable Ex ense $2,500.00
TDLR TAS Fees $1,000.00
Total Antici ated Fees $119 300.00
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
Fort Worth Fire Department
Fire Station #34
(Revised - December 19, 2006) Sendera Ranch
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 seivices 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
Project 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 $2,500.00. 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 marlcup for delivery charges;
actual cost of reproduction, postage and handling of drawings, specifications and other
documents; and renderings, models and mocic-ups requested by the Owner and as
required in the no�mal preparation of Construction Documents as required for reviewing
and developing the site adaptation of the approved Prototype Fire Station Design.
2) All necessaiy 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 .............................................................................. $16,000.00
R. L. Woods and Associates
Structural Engineering ...................................................................... $10,000.00
LTS Design Group
Landscape/Irrigation ........................................................................... $7,950.00
The total fees listed far MWBE firms are $33,950.00. Based on a total consulting fee of
$ll5,800.00, the consultants identified above provide over 29.32% 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
Fort Worth Fire Department
IV. Schedule:
1�
VI.
Fire Station #34
(Revised - December 19, 2006) Sendera Ranch
A. Based on our understanding of the scope of services we estimate the schedule to be as
follows:
:
Site Adaptation and redesign for new site orientation
Construction Documents (95%)
6-8 Weeks
4-6 Weeks
Bid Documents (100%) 2-3 Weeks
Anticipate Design/Documentation Duration 12-17 Weelcs
This schedule anticipates an additional period of one weelc for review by the Owner for
changes and clarifications at the completion 95% of Construction Documents.
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.
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 project's inception.
VII. Ownership of Documents:
All plans and drawings will be prepared and submitted by RPGA to the Owner for approval on 24
x 36 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 propei-ty of the Owner. Reuse, change, or alteration by
the Owner or by others acting through ar 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, et-rors
or omissions of the Owner, contractor, or any of the contractors' subcontractors, agents,
employees, or any other persons performing ar providing information for any of the worlc. The
Owner shall indemnify RPGA should legal action result from any acts, errors, or omissions of the
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
Fort Worth Fire Department
Fire Station #34
(Revised - December 19, 2006) Sendera Ranch
Owner, contractor, any of the contractor's subcontractors, agents, employees, ar 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-pi•oduct, 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 foi•
this opportunity.
Yours sincerely,
_ ,�''���
.��' �G��
J ier Q. Lu '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
City of Fort Worth, Texas
Mayor and Council Communication
- - _ _:�.�.._ . -��_-=.�_�_ �..__. ��. F=����._�. .�,___._,��-�-_�_�_ _���»_.__.�_�,
COUNCIL ACTION: Approved on 4/10/2007
�.. - __� ___ ..__ �- _. -_:. -. ��_�--� �:-�.li��.���.�._�..��r__�_..��__.��.� __�..___�. �__.____�_ �..a_..._.�_____�._�.,_�_:..-�
DATE: Tuesday, April 10, 2007
LOG NAME: 20RPGAFS34 REFERENCE NO.: *�`C-22051
SUBJECT:
Authorize Execution of an Architectural Design Contract with RPGA Design Group, Inc., for Design
and Construction Administration Services for Fire Station No. 34
� -- � - a��:_ : ..� _ __ _�u._1._.. .... ._��,�� _�,.��__�-�-- ___ _ __ -��_�_=�
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with RPGA
Design Group, Inc., in the amount of $115,800, �lus $3,500 for reimbursable expenses, for design and
construction administration services for ir�� e Stafion No. 34.
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 to be used for future stations. Fire Station No. 34 will also
be a prototype facility design adapted to the specific site.
Fire Station No. 34 was funded in the 2004 Bond Program for $150,000 to purchase land for a future fire
station in the Far North. The land at Sendera Ranch Boulevard just north of Avondale Haslet Road has
been donated by the developer; as a result, staff recommends using these bond funds to support the
design of this fire station.
This approval request for Fire Station No. 34 is for:
Design
Contingency
Staff admin, land closing costs, TDLR
Total
The estimated overall cost of the Fire Station No. 34 project is:
Design
Construction
Utilities, ITS
FF&E
Contingency, geotech, staff, land closing
Total
RPGA Design Group, Inc. is in compliance with the City's M/WBE Ordinance
participation of 29 percent. The City's goal for this project is 29 percent.
Logname: 20RPGAFS34
$119,300.00
$10,700.00
$20,000.00
$150,000.00
$119,300.00
$2,400, 000.00
$150,000.00
$100,000.00
$391,700.00
$3,161, 000.00
�_ ,
byr; c'ommitting M/WBE
ijL� ;j',:�flq �� " �
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Page 1 of 2
The project is located in COUNCIL DISTRICT 7.
The completion of the fire station will add 9,750 square feet to the City's facility inventory and add
approximately $5,000 per year 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
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
Logname: 20RPGAFS34
FROM Fund/Account/Centers
C235 531200 207110053830 $119,300.00
Marc Ott (8476)
Robert Goode (7804)
Dalton Murayama (8088)
Page 2 of 2