HomeMy WebLinkAboutContract 45383 (2)flTYSECRET1JCOwrRacrNO. 53��
STATE OF TEXAS
KNOW ALLBY THESE PRESENTS
COUNTY OF TARRANT
THIS AGREEMENT is made and entered by and between the City of Fort Worth, Texas, a
municipal corporation, 'City", acting herein by and through its duly authorized Assistant City Manager,
and RPGA Design Group, Inc., "Architect", acting herein by and through its duly authorized representative,
Javier Lucio for the purpose of providing architectural design and construction administration services the
renovation of the old Fire Station No. 12 on 2408 Prospect Avenue in Fort Worth, Texas.
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:
Provide design and construction administration services to renovate the old Fire Station
No. 12 on 2408 Prospect Avenue in Fort Worth, Texas ("Project"). 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
1.2. Project Manager: Alfonso Meza, Registered Architect and Project Manager.
1.3. Architect
1.3.1. Principal in Charge: Javier Lucio, AIA
1.3.2. Project Manager: Javier Lucio, AIA
1.3.3. Project Architect: Javier Lucio, AIA
2. Neither party may change key personnel without the prior written agreement of the other party.
SECTION III CHARACTER OF ARCHITECT'S SERVICES
1. 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.
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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RPGA Design Group, Inc. (February 2014)
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5. The Architect shall perform services as outlined in the RPGA Design Group. Inc letter. dated February_
4. 2014. subiect: Old Fire Station 12 — Adaptive Reuse. 2408 Prospect Avenue. Fort Worth. Texas.
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.
SECI ION 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 SECI ION III - CHARACI ER OF ARCHITECT'S SERVICES and
Attachment "A" hereof shall be $49 700 00, hereinafter referred to as the `total fee," including up to
$1.700.00 in reimbursable expenses.
2. Architect shall be paid the following percentages of the total fee at the following stages of the project:
2.1. Completion of Programming and Schematic Design, cost estimates; and Integrated Stormwater
(iSWM) checklist if required(20%)
2.2. Completion of Design Development, cost estimates; and iSWM checklist if required (45%)
2.3. Completion of Construction Documents, cost estimates; and iSWM checklist if required (80%)
2.4. Action by City Council to accept construction Proposals (82%)
2.5. Final acceptance of the Project by the City (100%)
2.6. Reimbursement of allowable expenses shall have prior approval of the City. Allowable expenses
include:
2.6.1 Printing Costs
2.6.2. Enhanced CAD drawings for public and City meetings.
2.6.3. Long distance phone calls
2.6.4. Postage and courier expenses
2.6.5. Other costs with prior approval of the City
SECTION VI RESPONSIBILITY FOR CONSTRUCT ION COSTS
1. The Construction Budget for the Project is $500,000.00 — 600.000.00. If the Construction Budget is
exceeded by the lowest bona fide proposal, 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 re -advertise the Project If the City decides
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RPGA Design Group, Inc. (February 2014)
to reduce the scope of the project and re -advertise, 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
82% 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. Programming and Schematic Design Phase:
1.1. The Architect shall visit the sites and make himself familiar with the scopes of the Projects.
12 Prepare alternative floor and site plans, architectural concepts and principal equipment and finish
plans and area -based cost estimates.
1.3. Architect shall not proceed to the Design Phase until the City has approved in writing the
Program Design Manual.
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 City meeting (if required) during the design of the project.
2.4. The Architect shall incorporate the Integrated Stormwater Management (iSWM) Criteria Manual
that can be found at httn //fortworthtexas.gov/tnw/stormwater/?id-89722
2.5. The Architect shall evaluate this project for opportunities to apply a Low Impact Development
Design (LID) philosophy.
2.6. Architect shall prepare the design in stages as follows:
2.6.1. Design Development Phase: Preparation of architectural and MEP plans, principal
elevations, civil and utility site plans, cartoon set 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.
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2.6.2. Construction Document Phase Preparation of details, mechanical, electrical, and plumbing
plans, finishes schedules, detailed technical specifications, and detailed cost estimates.
2.7. Format of Drawings
2.7.1. 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.
2.7.2. Drawings shall plot to 22x34 sheet to facilitate half-size 11x17 prints. Fonts shall be legible
at half-size.
2.8. 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 Architect (if required) will pay all fees required for TDLR
reviews and inspections. All designs shall be in conformance with the Elimination of
Architectural Barriers Act, State of Texas, and the City of Fort Worth Building Codes.
2.8.1. 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.
2.8.2. 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.
2.9. 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.
2.10. The Architect shall submit estimates of probable construction cost for each stage of design to the
City.
2.11. The City shall acknowledge the probable construction costs and scope in writing at each stage of
design.
2.12. 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.
2.13. The Architect shall provide electronic files in AutoCAD LT or PDF or DWG format for posting
to the Internet or such other operating system as determined by the City.
3. Bidding'
3.1. The Architect shall respond to Contractors inquiries, prepare necessary addenda, and conduct the
Prebid Conference and participate in the contractor selection process.
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.
3.4. After the construction contract is awarded, the Architect will provide CAD files of all
construction drawings suitable to use on AutoCAD LT and PDF or such other operating system
as determined by the City.
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.
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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.
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 and jdf files of the "Record Drawings" suitable to use on AutoCAD
LT or such other operating system as determined by the City. Architect will also provide three
(3) full-sized set of drawings (24" X 32' or larger)
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.
6. Prepare schedules using the following scheduling software systems Primavera Version 6.1 or
Primavera Contractor Version 6.1 or Primavera SureTrak Version 3 or Mircosoft Project Version
2003/2007. The softwares can be later versions If a different software is planned, the software has to
be previously approved by the City.
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 ' Instructions to Offers" and "General Conditions" 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.
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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.
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.
SECT ION 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 consultants, 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 consultants, 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
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employees of the Architect or consultant, 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
Aichitect'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,
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 claim
$2,000,000 Annual 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.
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7.4. A minimum of thirty days notice of cancellation or non -renewal 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 Architectural
Services Manager, Transportation and Public Works Department, 401 West 13`h Street, 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.
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 the Architect'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 six 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 non -renewal 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 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.
SEC.AION XIII RIGHT TO AUDIT
1. 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.
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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
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 consultants agree to photocopy such project -related documents as may be requested by
the City. The City agrees to reimburse Architect and consultants 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 ARCHI 1'EC1
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
consultants. Nothing herein shall be construed as creating a partnership or joint venture between the
City and the Architect, its officers, agents, employees and consultants, and doctrine of respondent
superior has no application as between the City and the Architect.
SECTION XVII SMALL BUSINESS ENTERPRISE (SBE) GOAL
1. This Section is not applicable for this project.
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
1. 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 beneficiary of this Agreement. Each party
hereto shall be solely responsible for the fulfilment 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.
`2
EXECUTED IN THE CITY OF FORT WORTH, TEXAS, THIS 7day of
QUORUM A±R(HIT CTS, INC.
By: �/rJ
Javier Lucio, ALX
Principal
APPROVAL RECOMMENDED:
By:
614
Us.).
Douglas Wiersig, PE
Director, ransportation & Public Woks Department
APPROVED AS TO FORM AND LEGALITY:
By:
Douglas W. Black
Assistant City Attorney
APPROVED:
By:
Fernando Costa
Assistant City Manager
RECORDED:
By:
Mary J.
City Secretary
M&C is not required for this A
Contract Authorization
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.
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RPGA Design Group, Inc. (February 2014)
Page 10 of 10
R ID A
DESIGN G R O U P, INC.
February 4, 2014
Dalton Murayama
Architectural Services Manager
Transportation and Public Works
City of Fort Worth
319 W. 10th Street
Fort Worth, Texas 76102
REa Old Fire Station 12 — Adaptive Reuse
2408 Prospect Avenue, Fort Worth, Texas
Mr. Murayama.
It is with great enthusiasm that RPGA Design Group, Inc. presents the following Services and Fee
Proposal for the Adaptive Reuse of Fire Station 12 to the City of Fort Worth (Owner). This proposal
reflects our anticipated Professional Services for the design of the adaptive reuse of Fire Station 12.
We submit the following:
I. Proiect Description
A. General Description: The existing Fire Station 12 is a two-story structure with a total of
approximately 6 000 square feet located on an approximately 1 acre site. The existing
structure will require the addition of an elevator to make the second floor fully accessible.
Parking will be reconfigured on the existing paving to maximize the total number of parking
spaces available. The following scope is anticipated for this project
1. Design and renovation of facility into new offices to be occupied by City staff
2. Provide layout for furniture, fixtures and equipment (FF&E) proposed by Owner
(information and equipment to be selected and provided by Owner). Costs associated
with the purchase, delivery and placement of FF&E are not included in our scope of
work nor are they included in our anticipated cost of construction.
3. Add new elevator
4. Replace all existing windows with windows to complement the original fire station
design
5. Maintain and repair existing exterior stair as necessary
6. Repoint exterior masonry as necessary
7. Design new Main Entrance on the south side of the building; utilizing the existing
opening
8. Install new mechanical equipment throughout
9 Upgrade electrical service and provide new lighting, electrical service
10. Provide new site lighting
11. Provide new telephone data drops only (cable and cabling by Owner)
12. Provide new fire alarm system
13. A Fire Protection (sprinkler system) is "not" anticipated for this renovation (to be
confirmed with Owner)
14. Replace existing interior stair with new accessible stair
101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX (817) 332-9487 (888) TRY-RPGA
www.rpgaarchitects.com
Fire Station 12 —Adaptive Reuse
2 February 4, 2014
15. Provide new accessible restrooms and break room
16. Replace walls at existing apparatus bay openings and original entry door to
complement the original fire station design (these will remain non-functioning doors)
17. Reconfigure existing parking to maximize parking on the existing site
18. Repair the cap on the parapet walls (the Owner has determined that the existing
modified bitumen roofing is in good condition and does "not" need to be replaced at
this time) and roofing modifications as necessary for new roof top equipment
19. Repair existing paving as necessary; level of repairs to be evaluated and reviewed
with Owner for final determination of paving scope
B Owner's Scope: We anticipate the following scope of work to be completed by the Owner.
1 Owner to provide environmental testing and abatement (we anticipate that this scope
will demolish the majority of the existing finish out back to the original fire station
conditions)
Owner to clear existing building shed and existing play structures located on site on
the east and south sides of the building including existing playground fencing
3. Owner to remove existing playground surface from site including material located over
the existing paved surfaces
C. Programmatic space requirements — The square footage of the specific areas may vary
as the program is further developed with the Owner.
1. First Floor
a. Office — Neighborhood Stability Supervisor
b. Office — EIU Supervisor
c. Office — Special Projects Superintendent
d. Conference Room
e. Elevator and Elevator Room
f. Restrooms
g. Break Room
h. Electrical Room
i. Mechanical Room (Split system for 1st floor)
j. Open Plan area for cubicles and circulation (including walls)
Second Floor
a. Office — Assistant Director
b. 2 Offices @ 110 s.f.
c. 4 Offices @ 90 s.f.
d. 2 Offices @ 80 s.f.
e. Elevator
f. Mechanical Room (roof top unit anticipated)
g. Open Plan area for cubicles and circulation (including walls)
110
110
110
320
200
500
200
80
100
1,270
190
220
360
160
100
0
1,970
Estimated Total Square Footage Approximately 6,000
D. Site Requirements: Evaluate and repair existing paving, maximize parking and provide site
lighting
E. Exterior Design Features: Repair masonry, replace windows, repair stair, repair parapet
walls.
F. Interior Design Features: Upgrade new mechanical, electrical and plumbing equipment.
Use of natural and artificial lighting will be utilized to enhance the quality and usability of the
101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX (817) 332-9487 (888) TRY-RPGA
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Fire Station 12 —Adaptive Reuse
3 February 4, 2014
spaces. Selection of materials will also consider the durability and maintainability of the
material with life -cycle cost considerations.
The office will be designed to meet the American's with Disabilities Act (ADA) and the Texas
Accessibility Standards (TAS). The cost for filing TAS Review, Inspection and Variance
reports will be submitted as reimbursable expenses.
G. Project and Construction Budget: We anticipate a construction budget of between
$500,000.00 and $600,000.00 to complete the renovation of this building and complete the
site improvements.
Costs for abatement and demolition of the existing materials are "not" included in the cost of
construction for this project.
All consultant fees, construction testing, survey and reimbursable expenses are "not"
included in the anticipated construction budget.
It is understood that the Owner will work with RPGA to modify the project requirements "if it
becomes necessary to meet the established construction budget.
11. Scope of Services
A. General Services: RPGA will meet with the Owner to clarify and define the Owner's
requirements and budget prior to commencement of work.
RPGA will supervise and coordinate consultants' activities, review all consultants'
documents and review all pertinent consultant documents with the Owner. Consultants
hired independently by the Owner are excluded from RPGA's supervision and coordination.
RPGA will document all design meetings with the Owner.
B. Schematic Design: This phase will include Schematic Design plans and elevations.
Sketch plans will be developed, providing ' broad brush" concepts to illustrate the potential of
the design. RPGA will prepare a package consisting of the following: floor plans at 1/8"
scale and elevations of the proposed Project.
Desian Development. Based on the approved Schematic Design drawings as well as any
further adjustments authorized by the Owner, RPGA will develop Design Development
Documents consisting of drawings and other documents to fix and describe the size and
character of the Project as to architectural, civil, structural, mechanical and electrical
systems, materials and such other elements as may be appropriate. These drawings will
incorporate all floor plans, elevations, site plan, and all necessary drawings and details
necessary to convey the development of the project.
Before or during the Design Development Phase we will meet with the Development and
Planning Department to review and discuss any Pre Development issues that need to be
addressed.
D. Construction Documents: Based on the approved Design Development Documents and
any further adjustments in the scope or quality of the Project or in the construction budget
authorized by the Owner, RPGA shall prepare Construction Documents consisting of
Drawings and Specifications setting forth in detail the requirements for the construction of
the Project. RPGA will sign, stamp or impress the construction documents for use in the
State of Texas.
E. Contract Administration:
1) RPGA shall visit the site to become generally familiar with the progress and quality of
the work and to determine, in general, if the work is progressing in accordance with the
contract documents. RPGA s site visits will be limited to one (1) site visit per week
throughout the construction period. A four (4) month construction period is anticipated
101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX (817) 332-9487 (888) TRY-RPGA
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Fire Station 12 — Adaptive Reuse
4 February 4, 2014
for this project. The site visits will include general observations of the construction and
a meeting with the Owner and the Contractor to review and discuss conformance with
the contract documents. A regular day and time for these meetings will be mutually
established at the beginning of the construction period. Each site visit/meeting will
include a written report identifying items of concern with anticipated resolutions. MEP,
Structural and Civil Consultants will be limited to 3 site visits each. RPGA and our
consultants shall endeavor to guard the Owner against defects and deficiencies in the
construction.
2) RPGA shall not have control of, or charge of, and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for safety
precautions or programs in connection with the work, for the acts of omissions of the
contractor, subcontractors, or any other persons performing any of the work, or for the
failure of any of them to carry out the work in accordance with the contract documents.
3) RPGA shall, at all times, have access to the work wherever it is in preparation or
progress.
4) As requested by the Owner, RPGA shall determine the amounts owed to the
contractor based on observations at the site and on evaluations of the contractor's
monthly application for payment, as provided in the approved schedule of values.
5) RPGA shall 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) 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.
9) If requested as an Additional Service, RPGA shall prepare "Record Drawings" for the
project based on the Contractor's marked -up field drawings, inspection notes and
RPGA's observations. One full size copy of the Record Drawings will be provided as
well as one set of .dwg CADD files. Record Drawings are not included in the Basic
Services for this project.
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 and/or
construction budget of the project, the fees will be subject to revision. Fees as quoted are
good for a period of (90) ninety days from the date of this proposal.
Consultant Fees
Owner agrees to pay the Architect for all professional services rendered under this
agreement. The Architect's fee for Basic Services shall be a flat fee based on the following
understanding; plus allowable reimbursable expenses.
Basic Services — $500.000-$600.000 Anticipated Construction Budget
Architectural $ 31,500.00
101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX (817) 332-9487 (888) TRY-RPGA
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Fire Station 12 —Adaptive Reuse
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Program Verification
Interior Design (excluding FF&E)
ADA Compliance
TAS (TDLR) Compliance
Construction Administration with Basic Services (16 meetings)
Structural Engineering (RL Woods & Associates, LLC) $
Construction Administration with Basic Services (10 meetings)
M E P Engineering (Wells Doak Engineers, Inc.) $
COMcheck Compliance
Construction Administration with Basic Services (10 meetings)
Total Basic Services Fees
Additional Services
Civil Engineer (AIM Engineering, LLC)
Construction Administration with Basic Services (2 meetings)
Landscape and Irrigation , $
Construction Cost Estimating
Total Additional Services Fees
Reimbursable Expenses
TAS Registration and Inspection Fees
Anticipated Reimbursable Expenses (Not to Exceed)
Total Reimbursable Expenses
Total Consultant Fees including Reimbursables
6,750.00
8,750.00
$ 47,000.00
1,000.00
0.00
0.00
$ 1,000.00
1,200.00
500.00
1,700.00
49,700.00
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 % 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:
P rincipals: $165.00
P roject Manager: $110.00
P roduction Personnel: $85.00
Clerical $45.00
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. Reimbursable fees will be billed to the Owner at one and one tenth (1.10) the expense
incurred by RPGA. Reimbursable expenses will include but not be limited to, the following:
101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX (817) 332-9487 (888) TRY-RPGA
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Fire Station 12 — Adaptive Reuse
6 February 4, 2014
a) cost of reasonable incidental charges exclusive of markup for delivery charges; cost of
reproduction, postage and handling of drawings, specifications and other documents;
and renderings, models and mock-ups requested by the Owner and as required in the
normal preparation of Schematic Design, Design Development and Construction
Documents as required for reviewing and developing the Documents for the project.
b) cost of TDLR accessibility variance application fees, project filing fees, plan review and
inspection fees.
c) all necessary costs of printing and/or courier services for the purpose of bidding the
Construction Documents and Specifications will be the responsibility of the Owner.
IV. Schedule:
A.
Based on our understanding of the scope of services we estimate the schedule to be as
follows:
Schematic Design
Design Development Documents
Construction Documents (95%)
Bid Documents (100%)
Anticipated Design/Documentation Duration
2-3 Weeks
2-3 Weeks
4-5 Weeks
1-2 Weeks
9-13 Weeks
B This schedule anticipates a period of one week for review by the Owner for changes and
clarifications at the completion of the Schematic Design and the Design Development phase
and a one -week review period at 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 platting, zoning, boundary surveys topographical 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 or by RPGA at the Owner's request.
The following additional work is anticipated to be completed by the Owner at the Owner's
expense. It is understood that the cost for this Owner s scope of work and any other scope of
work to be self -performed by the Owner is ' not" included in the construction budget identified
above.
1. Environmental work required for demolition of existing materials and removal of miscellaneous
items located throughout the site.
VI. Changes:
If a major change is made in the scope, approach or details of the Project at the Owner's request
after construction documents are underway or finished, the cost of making changes will be billed
at the above hourly rates. This also applies to any changes required by new zoning or building
code requirements instigated after the Projects' inception.
VII. Ownership of Documents:
All plans and drawings will be prepared and submitted by RPGA to the Owner for approval on 24"
x 36" sheets with all plotted lettering clearly legible when the sheets are reproduced and reduced
to half size
Physical drawings, CADD files 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. The Owner
101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX (817) 332-9487 (888) TRY-RPGA
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Fire Station 12 — Adaptive Reuse
7 February 4, 2014
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 work. The
Owner shall indemnify RPGA should legal action result from any acts, errors, or omissions of the
Owner, contractor, any of the contractors 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.
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.
ier Q. Lu
RPGA Design Group, Inc.
Dalton Murayama
Architectural Services Manager
City of Fort Worth
February 4, 2014
Date Date
101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX (817) 332-9487 (888) TRY-RPGA
www.rpgaarchitects.com