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HomeMy WebLinkAboutContract 45251 (2)Cfaelkg\C STATE OF TEXAS COUNTY OF TARRANT ciTYSECRETARYL4sa� I COPIT RP1CT No. KNOW ALL BY THESE PRESENTS 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 for the Fire Station 17 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 services for the new Fire Station 17 on Hemphill Road 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: Ronald Clements, 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. •r RECEJVED DEC 2 6 2013 Fire Station 17 RPGA Design Group, Inc. (December 2013) ;s ► , flCUAL RU©Ok ) g9r1 A( IECRETA it TX Page _l Jar 1 l 5. The Architect shall perform services as outlined in the RPGA Design Group. Inc. letter. dated October 23 2013. subject: Fire Station #17. Hemnhill Road / 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 sei vice 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 I. 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 SECTION III - CHARACTER OF ARCHITECT'S SERVICES and Attachment "A" hereof shall be $260.500 00, hereinafter referred to as the "total fee," including up to $6 200.00 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 (20%) 2.2. Completion of Design Development, cost estimates, and iSWM checklist (45%) 2.3. Completion of Construction Documents, cost estimates, and iSWM checklist ( 80%) 2.4. Action by City Council to accept bids (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 CONS t'RUCTION COSTS 1. The Construction Budget for the Project is $2.750.000.00. 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 Fire Station 17 Page 2 of 11 RAGA Design Group, Inc. (December 2013) 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 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. 1.2. 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.aov/tow/stormwater/7id=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. Fire Station 17 Page 3 of 11 RPGA Design Group, Inc. (December 2013) 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 1 lx17 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 buildine-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 conk actor selection process. 3.2. The Architect shall coordinate prmting 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 conshuction procedures and results, reviewing methods and costs associated with proposed change orders, and resolving construction problems. Fire Station 17 Page 4 of 11 RPGA Design Group, Inc. (December 2013) 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 pif 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 Piimavera 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. Fire Station 17 Page 5 of 11 RPGA Design Group, Inc. (December 2013) 10. Provide such legal, accounting, insurance and other counseling services to City the Projects 11. Manage the advertisement and bidding of the project, issue addenda, distribute 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 Ar 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. as may be required for bid documents, award chitect. This includes SECTION X TERMINATION I. 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 woik 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 m 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 m this Agreement. SECTION XI INDEMNITY AND INSURANCE 1. Approval by the City of contract documents shall not constitute or be deemed to be a release of the responsibility and liability of the Architect, its officers, agents, employees and 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 toss, 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 RPGA Design Group, Inc. (December 2013) Fire Station 17 Page 6 of 11 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 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, 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. Fire Station 17 Page 7 of 11 RPGA Design Group, Mc. (December 2013) 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 13th 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 fmancial 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 ole in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases Architect from any damage or liability related to the presence of such materials. 2. The release required above shall not apply in the event the discharge, release, or escape of hazardous substances, contaminants or asbestos is a result of' Architect s negligence or if Architect brings such hazardous substance contaminant, or asbestos onto the Projects. SECTION XIII RIGHT TO AUDIT 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. Fire Station 17 Page 8 of 11 RPGA Design Group, Inc. (December 2013) 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 ARCHITECT 1. Architect shall perform all work and services hereunder as an independent Architect, and not as an officer, agent servant or employee of the City. Architect shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and 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. As of June 1, 2012, The City of Fort Worth implemented the new Business Diversity Ordinance (BDO) to reflect the City's availability and disparity study findings and recommendations Interested Offerors must obtain a Small Business Enterprise (SBE) listing from the M/WBE Office at 817-212- 2674. This will ensure that the SBE listings reflect only those currently certified by the North Central Texas Regional Certification Agency (NCTRCA) located in the six (6)-county geographic marketplace that have been accepted by the City. The City's geographic marketplace mcludes the counties of: Tarrant Dallas, Denton, Johnson, Parker and Wise. Offerors are strongly encouraged to confirm that each SBE that it intends to use is located in the geographic marketplace that will be counted towards the established goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by Architect may result in termination of this Agreement and debarment from participating in City contracts for a period of time not less than three years. 2. The City's SBE goal for this project is 19%. Fire Station 17 Page 9 of 11 RPGA Design Group, Inc. (December 2013) 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 ordmance, 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 shalt lie in state courts located in Tarrant County Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 2. The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 3. This Agreement shall inure only to the benefit of the parties hereto and third persons not pi ivy hereto shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. XXXXXXXXXXXXX The Remainder of this Page Is Intentionally Left Blank XXXXXXXXXXXXX Fire Station 17 Page 10 of 11 RPGA Design Group, Inc. (December 2013) 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, THISnday o QUORUM ARCHITECTS, INC. Javiertucio, A Principal APPROV RECOMMENDED: By: ape Douglas W. iersig, PE Director, Tr et- 1,J sportation & Public Work Department APPROVED: By: 1 A.D., 2013. Fernando • ' sta Assistant City Manager RECORDED: By: APPROVED AS TO FORM AND LEGALITY: M&C G-18091 (December 17. By: Assistant City Attorney 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. • 1=j OFFICIAL RECORD CITY SECRETARY FTo WORTH, 7X Fire Station 17 Page 11 of 11 RPGA Design Group, Inc. (December 2013) R P G A DESIGN G R O U P, INC. October 23, 2013 Dalton Murayama Architectural Services Manager Transportation and Public Works City of Fort Worth 319 W. 1 Oth Street Fort Worth, Texas 76102 RE: Fire Station #17 Hemphill Road / Fort Worth, Texas Primus\ if1/40\--- n tc t Mr. Murayama, It is with great enthusiasm that RPGA Design Group, Inc. presents the following Services and Fee Proposal for Fire Station #17 to the City of Fort Worth (Owner). This proposal reflects our anticipated Professional Services for the design of the new Fire Station #17 on Hemphill Street in Fort Worth, Texas. We submit the following: I. Project Description A. General Description: Fire Station #17 will replace the Existing Fire Station #17 with a new Fire Station with Training Facilities of approximately 11,000 total square feet, located at the southwest corner of the Fort Worth Public Safety Training Center site on approximately 1.5 acres. Fire Station #17 will be a two (2) story, two (2) company fire station with 4 apparatus bays; one bay will be dedicated to training. The new fire station design will utilize the design and programming requirements provided by the Owner for Fire Station #17 as well as further collaborative development by the Owner and RPGA Design Group. B. Programmatic space requirements -- Final square footages will be determined based on Programming Notes provided by the Owner. The square footage of the specific areas as well as the total fire station area may vary as the program is further developed with the Owner. Living Area Square Feet (Approximate) Entry Lobby 100 Unisex Restroom off the Lobby (inclusion to be determined) 75 Battalion Chief Office Area 400 Data Closet 50 EMS Closet 60 Electrical Room 100 Day Room 375 Kitchen 415 Dining Area 325 Fitness Room 600 Utility Room 100 101 S, Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX - (817) 332-9487 (888) TRY-RPGA www.rpgaarchitects.com City of Fort Worth 2 Fire Station #17 October 23, 2013 Sleeping/Private (semi -private) area for 8 firefighters Two Rest/Shower rooms — 300 SF each Two Stairs — 300 SF each 1st floor Two Stairs — 300 SF each 2"d floor Mechanical Room Circulation Space (both floors- including elevator) 750 550 550 550 500 1,000 Total Livina Area 6.500 Apparatus Bav 4 Drive -through Apparatus Bays Bunker Gear Observation Tower/Area 3,800 500 200 Total Apparatus Bav Area 4.500 Fire Station Square Footage based on program (Approximate) 11,000 C. Site Requirements: The Fire Station #17 site is approximately a 1.5-acre site located at the southwest corner of the Fort Worth Public Safety Training Center site on Hemphill Street. The site design will provide for a "drive -through" fire station with separate employee parking and limited visitor parking. The visitor parking will accommodate accessible parking and accessible pedestrian access to the facility. The fire station will be sited to efficiently accommodate all necessary entities. The design of the apparatus aprons, entry and egress, shall endeavor to allow a minimum of 45 feet of depth from the inside edge of the existing sidewalk to allow the apparatus to have adequate area for off street maneuverability. Structural foundation systems and soil stabilization procedures will be utilized to provide a structurally sound building. The Owner is aware of the extremely expansive clays prominent in the area and RPGA will strive to provide solutions that meet both the Owner's maintainability requirements and budget. It is anticipated that a structured slab with carton forms will be utilized for this facility. Landscaping will be provided to meet the City of Fort Worth's landscape. Landscaping will be provided as appropriate for this location and as required to assist in passive solar design. Security and or privacy fencing will also be provided as necessary. D. Exterior Design Features: The design of the new fire station will feature materials which correspond to and compliment the new Public Safety Training Center. In addition to the site requirements listed above, the building components will be oriented to take advantage of passive solar opportunities. Landscaping, the placement of openings and the color of exterior materials will also be designed and selected with passive solar considerations. E. Interior Design Features: Interior spaces will maximize the use of natural lighting and create a fire station that facilitates the interactions of the fire fighters Use of natural and artificial lighting will be utilized to enhance the quality and usability of the spaces. Selection of materials will also consider the durability and maintainability of the material with life -cycle cost considerations. The new fire station will also be designed to meet the American's with Disabilities Act (ADA) and the Texas Accessibility Standards (TAS). If required a variance application will be submitted to TDLR for the design of an adaptable fire station. The cost for filing TAS Review, Inspection and Variance reports will be submitted as reimbursable expenses. 101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX - (817) 332-9487 (888) TRY-RPGA www.rpgaarchitects.com City of Fort Worth 3 Fire Station #17 October 23, 2013 F. Project and Construction Budget: Based on 11,000 square feet at a $250.00 per square foot cost we anticipate a construction budget of approximately $2,750,000.00. The consultant fees construction testing, geotechnical services, survey and reimbursable expenses are not included in the anticipated construction budget. it is understood that the Owner will work with RPGA to modify the project requirements "if' it becomes necessary to meet the established construction budget. it. 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 Desian: RPGA will design the Project in conformance with the Owner's outlined program. The design team will prepare approaches to the design. Sketch plans will be developed, providing "broad brush" concepts to illustrate the potential of the given design. RPGA will prepare a package consisting of the following: floor plans at 1/8" scale and rendered sketch elevations and or perspectives sufficient to indicate the character of the proposed Project. If requested, RPGA will work with our cost estimating consultant to provide a preliminary estimate of Construction Cost at the conclusion of this phase. C. Desian Development. Based on the approved Schematic Design Package as well as any further adjustments authorized by the Owner, RPGA will develop Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, landscape architectural, civil, structural, mechanical and electrical systems materials and such other elements as may be appropriate These drawings will incorporate all floor plans, elevations, site plan, and all necessary drawings and details necessary to update the estimate of Construction Cost. Before or during the Design Development Phase we will meet with the Development and Planning Department to review and discuss any Pre -Development issues that need to be addressed for the new Fire Station #17. 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. In addition, RPGA will provide the documents necessary for the cost estimator to develop a 95% Construction Documents estimate E. Contract Administration: 1) RPGA shall visit the site to become generally familiar with the progress and quality of the work and to determine, in general if the work is progressing in accordance with the contract documents. RPGA's site visits will be limited to one (1) site visit per week, as requested by the Owner, throughout the construction period. A twelve (12) month construction period is anticipated for Fire Station #17. The site visits will include general observations of the construction and a meeting with the Owner and the 101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX - (817) 332-9487 (888) TRY-RPGA www.rpgaarchitects.com City of Fort Worth 4 Fire Station #17 October 23, 2013 Contractor to review and discuss conformance with the contract documents. A regular day and time for these meetings will be mutually established at the beginning of the construction period. Each site visit/meeting will include a written report identifying items of concern with anticipated resolutions The Civil Engineer will be limited to four (4) site visits; the Structural Engineer will be limited to four (4) site visits; the MEP Engineer will be limited to six (6) site visits and Landscape Architect will be limited to two (2) site visits when requested by RPGA and/or the Owner. RPGA and our consultants shall endeavor to guard the Owner against defects and deficiencies in the construction. 2) RPGA shall not have control of, or charge of, and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions or programs in connection with the work, for the acts of omissions of the contractor, subcontractors, or any other persons performing any of the work, or for the failure of any of them to carry out the work in accordance with the contract documents. 3) RPGA shall, at all times, have access to the work wherever it is in preparation or progress. 4) As requested by the Owner, RPGA shall determine the amounts owed to the contractor based on observations at the site and on evaluations of the contractor's monthly application for payment, as provided in the approved schedule of values. 5) RPGA shall 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. 111. 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 — $2,750,000.00 (Anticipated Construction Budget) 101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX - (817) 332-9487 (888) TRY-RPGA www.rpgaarchitects com City of Fort Worth 5 Fire Station #17 October 23, 2013 Architectural, $ 165,000.00 Program Verification Interior Design (excluding FF&E) ADA Compliance TAS (TDLR) Compliance COMcheck Compliance Construction Administration with Basic Services (40 meetings) Structural Engineering (Jaster-Quintanilla Dallas, LLP) $ Construction Administration with Basic Services (4 meetings) M E P. Engineering (Wells Doak Engineers, Inc.) $ COMcheck Compliance Construction Administration with Basic Services (6 meetinas) Total Basic Services Fees $ Additional Services Civil Engineer (Hart, Gaugler & Associates, Inc.) $ Construction Administration with Basic Services (4 meetings) Storm Water Pollution Prevention Plan (if required) $ Landscape Architect / Irrigation (Kimley-Horn and Associates, Inc.)„ ,$ Construction Administration with Basic Services (2 meetings) Construction Cost Estimating (Riddle & Goodnight, Inc.) $ Schematic Design. Design Development and 95% CDs Estimated 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 25,000.00 22, 500.00 212,500.00 23,200.00 1,800.00 13, 500.00 9,500.00 $ 48,000.00 $ 1,200.00 $ 5.000.00 $ 6,200.00 $ 266, 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: Principals: Project Manager: Production Personnel: Clerical $165.00 $110.00 $85.00 $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. 101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 www.rpgaarchitects.com FAX - (817) 332-9487 (888) TRY-RPGA City of Fort Worth 6 Fire Station #17 October 23, 2013 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: 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 4-5 Weeks 3-4 Weeks 4-5 Weeks 1-2 Weeks 12-16 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. 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. Vil. 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. 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 agrees not to execute, sell or gift these plans and specifications for any other project or 101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX - (817) 332-9487 (888) TRY-RPGA www.rpgaarchitects.com City of Fort Worth 7 Fire Station #17 October 23, 2013 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 contractor's subcontractors, agents, employees, or any other persons performing any of the work. IX. Termination: in the event either party chooses to terminate this agreement before any phase of RPGA's work (Design, Construction Documents, or Construction) is complete, the above stated hourly rate will be used to compute partial compensation then due RPGA in any case, the amount of compensation would not exceed the stated fee for the phase of work underway at the time of termination. If the Project is suspended at any time, for more than three (3) months, the terms of this agreement shall be subject to revision. If terminated, the Owner will own any products developed, to date, for which RPGA has been compensated. X. Publishing Credit: In the event that the design, built product, or bi-product, of the design is published, the owner agrees to give RPGA Design Group Inc. credit for the Architectural Design in the published article (publishing credit excludes newspapers) It is to be implicitly understood that we, RPGA, will act in your best interests and, at all times, carry out duties with reasonable diligence and expedience. We look forward to discussing this proposal with you at your earliest convenience. Thank you again for this opportunity. Yours sincerely, ier Q. L,pi , Principal P G A Design Group, Inc. 101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX - (817) 332-9487 (888) TRY-RPGA www.rpgaarchitects com City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/17/2013 DATE: Tuesday, December 17, 2013 REFERENCE NO.: **G-18091 LOG NAME• 362004CIPRESTRICTEDRESIDUAL S UBJECT Authorize the Use of Funds in the Restricted Residual Account for the 2004 Capital Improvement Program Fire Safety Improvements Proposition Four Totaling $154,105.00, Authorize Execution of an Architectural S ervices Agreement in the Amount of $149,105.00 with RPGA Design Group, Inc., Provide for Additional Funding for Staff Time and Other Miscellaneous Expenses for a Total Project in the Amount of $154,105.00 to Design the Relocation of Fire Station No. 17 to the New Public Safety Training Center Site (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1 Authorize the use of funds in the Restricted Residual Account for the 2004 Capital Improvement P rogram Fire Safety Improvements Proposition Four in the amount of $154,105 00 for a new project that is within the voted purposes of the bonds; and 2. Authorize an architectural services Agreement in the amount of $149,105.00 with RPGA Design Group, Inc., to design the relocation of Fire Station No. 17 to the new Public Safety Training Center site. DISCUSSION: Fire Safety Improvements Proposition Four of the 2004 Capital Improvement Program authorized the sale in the amount of $12,635,000.00 to finance public safety improvements. These improvements include the construction and equipping of two new fire stations, replacement/relocation of two fire stations and improvements to existing fire stations and fire trucks. These projects are all substantially complete with a current balance in the amount of $872,018.65 A portion of this balance is required to fully complete the approved projects; however, the estimated remaining costs, including contingencies, will result in surplus funds that exceed the amount of $154,105 00 requested for reprogramming toward a new project which is within the voted purpose of the bonds. Therefore, it is requested that the amount of $154,105.00 from the Restricted Residual account of the Fire Safety Improvements Proposition Four, 2004 Capital Improvement P rogram be reprogrammed to finance the design work for a new Fire Station No. 17 at the new Public Safety Training Center site. The anticipated relocation of Fire Station No. 17 has been a part of the site master plan discussion for the P ublic Safety Training Center project since the project was approved The design -build firm was instructed to reserve a location in the master plan for a future fire station. All site work, including sizing of utilities, has been constructed in a manner to accommodate inclusion of an active fire station at this location. Preparing the design at this time is important should funding to construct the fire station be identified as simultaneous construction would present several advantages: Logname: 362004CIPRESTRICTEDRESIDUAL Page 1 of 3 1. Significant cost savings could occur since the design -build contractor and its subcontractors are already mobilizing with the appropriate equipment and field offices, and the basic construction materials can be purchased in greater quantities at reduced unit prices. 2. The training advantages to having an active fire station on the grounds of the training facility site are numerous. 3. The current Fire Station No. 17, located at 212 East Felix Street, is aging, has numerous operational deficiencies, and is on the department's replacement list. 4. Accomplishing the fire station design phase now will allow for the full scope of the training center construction phase to take place with knowledge of how to best accommodate all facets of the master plan. Concurrent with the design work, funding strategies for the construction phase of the fire station will be developed and presented to City Council for approval. RPGA Design Group Inc., was previously selected to develop the prototype fire station and assisted in developing, designing, and constructing six prototype fire stations and is familiar with the operations and requirements of the fire stations. The design -build contractor does not object to receiving a design for Fire Station No. 17 from an architectural firm not affiliated with the design -build team. In addition to the contract amount, $5,000.00 for staff time and other miscellaneous expenses is required for this contract. M/WBE Office - RPGA Design Group, Inc., is in compliance with the City's BDE Ordinance by committing to 21 percent SBE participation on this project. The City's goal for this project is 19 percent. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Fire Improvements Fund. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers 2)C235 531200 369110222530 2) C235 539120 369110222530 2)C235 511060 020990222530 Charles Daniels (6199) Rudy Jackson (6801) Rudy Jackson (6801) ATTACHMENTS 1. C235 99901.docx (CFW Internal) 2. FS17 Location Mao odf (Public) 3. Ground Breakina site plan 2-11-13 121.pdf (Public) 4. M&C G-14441 Restricted Residual Account and Policv .pdf (CFW Internal) 5. Proi 02225 FAR-00001.odf (CFW Internal) $149.105.00 $2.000.00 $3.000.00 Logname: 362004CIPRESTRICTEDRESIDUAL Page 2 of 3 6. SBE coal memo.adf (CFW Internal) Logname: 362004CIPRESTRICTEDRESIDUAL Page 3 of 3