HomeMy WebLinkAboutContract 59226CITY OF FORT WORTH, TEXAS CSC No. 59226
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the
"CITY'), and RPGA Design Group, INC., authorized to do business in Texas, an
independent contractor ("Consultant"), for a PROJECT generally described as: Fire Station
37 Design.
The Agreement documents shall include the following:
1. This Standard Agreement for Professional Services;
2. Attachment "A'— Proposal for Fire Station 37 Design Services Dated December
20, 2022;
3. Attachment "B" — Verification of Signature Authority Form.
Attachments "A" and "B", which are attached hereto and incorporated herein, are made a
part of this Agreement for all purposes. In the event of any conflict between the terms and
conditions of Attachments "A' or "B" and the terms and conditions set forth in the body of
this Agreement, the terms and conditions of this Agreement shall control.
Article I
Scope of Services
(1) Consultant hereby agrees to perform as an independent contractor the services
set forth in the Scope of Services attached hereto as Attachment "A". These
services shall be performed in connection with New Fire Station 37 Design.
(2) Additional services, if any, will be requested in writing by the City. City shall not
pay for any work performed by Consultant or its subconsultants, subcontractors
and/or suppliers that has not been ordered in writing. It is specifically agreed that
Consultant shall not be compensated for any alleged additional work resulting
from oral orders of any person.
Article II
Compensation
Consultant shall be compensated in accordance with the Fee Schedule shown in
Attachment "A". Payment shall be considered full compensation for all labor, materials,
supplies, and equipment necessary to complete the services described in Attachment
"A". However the total fee paid by the City shall not exceed a total of $444,000.00
unless the City and the Consultant mutually agree upon a fee amount for additional
services and amend this Agreement accordingly.
The Consultant shall provide monthly invoices to the City. Payment for services
rendered shall be due within thirty (30) days of the uncontested performance of the
City of FortWorth, Texas Standard Agreement for Professional Services
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
particular services so ordered and receipt by City of Consultant's invoice for payment of
same.
Acceptance by Consultant of said payment shall operate as and shall release the City
from all claims or liabilities under this Agreement for anything related to, done, or
furnished in connection with the services for which payment is made, including any act
or omission of the City in connection with such services.
Upon completion, the Architect may, at its option, utilize the Project to qualify for the
Energy Efficient Commercial Building Federal Tax Deduction (179D) as permitted under
IRS guidelines. If requested, the Owner shall acknowledge the Architect as the
"Designer" of the Project by completing an allocation form (that Architect will provide)
and shall allow the Architect's independent third -party evaluation firm (and its licensed
inspector) reasonable access to perform a one-time, on -sire inspection and certification
of the Project's HVAC, interior lighting and/or building envelope systems.
Article III
Term
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 36
Months, beginning upon the date of its execution, or until the completion of the subject
matter contemplated herein, whichever occurs first.
Firm la UI
Independent Contractor
Consultant shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Consultant shall have exclusive control of and the
exclusive right to control the details of its work to be performed hereunder and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
agents, employees, contractors and subcontractors. The doctrine of respondent superior
shall not apply as between City and Consultant, its officers, agents, employees,
contractors, and subcontractors, and nothing herein shall be construed as creating a
partnership or joint venture between City and Consultant.
Article V
Professional Competence and Indemnification
(1) Work performed by Consultant shall comply in all aspects with all applicable
local, state and federal laws and with all applicable rules and regulations
promulgated by the local, state and national boards, bureaus and agencies.
Approval by the City shall not constitute or be deemed to be a release of the
responsibility and liability of Consultant or its officers, agents, employees,
contractors and subcontractors for the accuracy and competency of its services
performed hereunder.
City of FortWorth, Texas
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Standard Agreement for Professional Services
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(2) In accordance with Texas Local Government Code Section 271.904, the
Consultant shall indemnify, hold harmless, and defend the City against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the Consultant or Consultant's
agent, consultant under contract, or another entity over which the
Consultant's exercises control.
Article VI
Insurance
(1) Consultant shall not commence work under this Agreement until it has obtained
all insurance required under this Article and the City has approved such
insurance, nor shall Consultant allow any subcontractor to commence work on its
subcontract until all similar insurance of the subcontractor has been so obtained
and approval given by the City; provided, however, Consultant may elect to add
any subconsultant as an additional insured under its liability policies.
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of
coverage if written on a split limits basis). Coverage shall be on
any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Consultant's worker's
compensation insurance policy, the City, its officers, employees and servants
shall be endorsed as an additional insured on Consultant's insurance policies.
b. Certificates of insurance shall be delivered to the Architectural Services,
Attention: Brian R. Glass, 401 West 13t" Street, Fort Worth, TX 76012, prior
to commencementofwork.
City of FortWorth, Texas
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Standard Agreement for Professional Services
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c. Any failure on part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty
days notice of cancellation, non -renewal, and/or material change in policy terms
or coverage. A ten days notice shall be acceptable in the event of non-payment
of premium.
e. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
f. Other than worker's compensation insurance, in lieu of traditional insurance,
City may consider alternative coverage or risk treatment measures through
insurance pools or risk retention groups. The City must approve in writing any
alternative coverage.
g. Workers' compensation insurance policy(s) covering employees employed on
the Project shall be endorsed with a waiver of subrogation providing rights of
recovery in favor of the City.
h. City shall not be responsible for the direct payment of insurance premium
costs for Consultant's insurance.
i. Consultant's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self -funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
j. In the course of the Agreement, Consultant shall report, in a timely manner, to
City's officially designated contract administrator any known loss occurrence
which could give rise to a liability claim or lawsuit or which could result in a
property loss.
k. Consultant's liability shall not be limited to the specified amounts of insurance
required herein.
Upon the request of City, Consultant shall provide complete copies of all
insurance policies required by these Agreement documents.
Article VII
Transfer or Assignment
City and Consultant each bind themselves, and their lawful successors and assigns, to this
Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or
transfer any interest in this Agreement without prior written consent of the City.
City of FortWorth, Texas
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Article VIII
Termination of Contract
(1) City may terminate this Agreement for its convenience on 30 days' written notice.
Either the City or the Consultant for cause may terminate this Agreement if either
Party fails substantially to perform through no fault of the other and does not
commence correction of such nonperformance with 5 days of written notice and
diligently complete the correction thereafter
(2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice
of termination, Consultant shall discontinue services rendered up to the date of
such termination and City shall compensate Consultant based upon calculations
in Article II of this Agreement.
(3) All reports, whether partial or complete, prepared under this Agreement,
including any original drawings or documents, whether furnished by the City, its
officers, agents, employees, consultants, or contractors, or prepared by
Consultant, shall be or become the property of the City, and shall be furnished to
the City prior to or at the time such services are completed, or upon termination
or expiration of this Agreement.
Article IX
Right to Audit
(1) Consultant agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine any
directly pertinent books, documents, papers and records of Consultant involving
transactions relating to this Agreement. Consultant agrees that the City shall have
access during normal working hours to all necessary facilities and shall be provided
adequate and appropriate workspace in order to conduct audits in compliance with
the provisions of this section. City shall give Consultant reasonable advance notice
of intended audits.
(2) Consultant further agrees to include in all its subcontracts hereunder, a provision
to the effect that the subcontracting consultant agrees that the City shall, until the
expiration of three (3) years after final payment under the subcontract, have
access to and the right to examine any directly pertinent books, documents,
papers and records of such sub -consultant, involving transactions to the
subcontract, and further, that City shall have access during normal working hours
to all sub -consultant facilities, and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this
article. City shall give Consultant and any sub -consultant reasonable advance
notice of intended audit.
City of FortWorth, Texas
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(3) Consultant and sub -consultants agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Consultant for the cost of
copies at the rate published in the Texas Administrative Code in effect as of the
time copying is performed.
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Minority Business and Small Business Enterprise (MBE)(SBE) Participation
In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011,
as amended, the City has goals for the participation of minority business enterprises
and/or small business enterprises in City contracts. Consultant acknowledges the MBE
and SBE goals established for this Agreement and its accepted written commitment to
MBE and SBE participation. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Consultant may result in the
termination of this Agreement and debarment from participating in City contracts for a
period of time of not less than three (3) years.
Article XI
Observe and Comply
Consultant shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold
harmless City and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or regulation, whether
it be by itself or its employees.
Article XII
Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas — Fort Worth Division. This Agreement shall be construed in accordance with the
laws of the State of Texas.
City of FortWorth, Texas Standard Agreement for Professional Services
Revision Date: 11/22/2021 Project Name
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Article XIII
Contract Construction
The Parties acknowledge that each party and, if it so chooses, its counsel have
reviewed and revised this Agreement and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting party must not be
employed in the interpretation of this Agreement or any amendments or exhibits hereto.
Article XIV
Severability
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof
to any person or circumstance shall ever be held by any court of competent jurisdiction
to be invalid or unconstitutional for any reason, the remainder of this Agreement and the
application of such word, phrase, clause, sentence, paragraph, section, or other part of
this Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion had never
been contained therein.
Article XV
Headings
The headings contained herein are for the convenience in reference and are not
intended to define or limit the scope of any provision of this Agreement.
Article XVI
Immigration Nationality Act
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Vendor
shall verify the identity and employment eligibility of all employees who perform work under
this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9),
maintain photocopies of all supporting employment eligibility and identity documentation
for all employees, and upon request, provide City with copies of all 1-9 forms and
supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor shall establish appropriate procedures and controls so that no
services will be performed by any employee who is not legally eligible to perform such
services. Vendor shall provide City with a certification letter that it has complied with the
City of FortWorth, Texas Standard Agreement for Professional Services
Revision Date: 11/22/2021 Project Name
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verification requirements required by this Agreement. Vendor shall indemnify City from any
penalties or liabilities due to violations of this provision. City shall have the right to
immediately terminate this Agreement for violations of this provision by Vendor.
Article XVII
No Boycott of Israel
If Architect has fewer than 10 employees or the Agreement is for less than $100,000,
this section does not apply. Architect acknowledges that in accordance with Chapter
2270 of the Texas Government Code, City is prohibited from entering into a contract
with a company for goods or services unless the contract contains a written verification
from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms "boycott Israel" and "company" shall have the
meanings ascribed to those terms in Section 808.001 of the Texas Government Code.
By signing this Agreement, Architect certifies that Architect's signature provides written
verification to City that Architect: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of the Agreement.
Article XVIII
Prohibition on Boycotting Energy Companies
Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government
Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from
entering into a contract for goods or services that has a value of $100,000 or more, which
will be paid wholly or partly from public funds of the City, with a company (with 10 or more
full-time employees) unless the contract contains a written verification from the company
that it: (1) does not boycott energy companies; and (2) will not boycott energy companies
during the term of the contract. The terms "boycott energy company" and "company" have
the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as
added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of
the Government Code is applicable to this Agreement, by signing this Agreement,
Vendor certifies that Vendor's signature provides written verification to the Citythat
Vendor: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of this Agreement.
Article XIX
Prohibition on Discrimination Against Firearm and Ammunition Industries
Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is
prohibited from entering into a contract for goods or services that has a value of
$100,000 or more which will be paid wholly or partly from public funds of the City, with a
company (with 10 or more full-time employees) unless the contract contains a written
verification from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2)
City of FortWorth, Texas
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will not discriminate during the term of the contract against a firearm entity or firearm
trade association. The terms "discriminate," "firearm entity" and "firearm trade
association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the
extent that Chapter 2274 of the Government Code is applicable to this Agreement,
by signing this Agreement, Vendor certifies that Vendor's signature provides
written verification to the City that Vendor: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
Article XX
Notices
Notices to be provided hereunder shall be sufficient if forwarded to the other Party by
hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage
prepaid, to the address of the other Party shown below:
City of Fort Worth:
Attn: Brian R. Glass, AIA
Asst. Property Management Director
401 West 13th Street
Fort Worth, Texas 76102
Consultant:
RPGA Design Group, Inc.
Attn: Javier Q. Lucio, Principal
101 S. Jennings Ave. Suite 100
Fort Worth, TX 76104
City of FortWorth, Texas
Revision Date: 11/22/2021
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Standard Agreement for Professional Services
Project Name
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth
Dana kgho(o#
By: Dana Burghdoff (Ap 13, 2023 0 :24 CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
Date: Apr 13, 2023
Approval Recommended:
Steve Cooke
Steve Cooke (Apr 3, 2023 08:08 CDT)
By:
Name
Title:
Attest:
By:
Name
Title:
VENDOR:
By:
Name
Title:
City of FortWorth, Texas
Revision Date: 11/22/2021
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
By: 4�S2
Name: Nikita Watts
Title: Sr. Capital Projects Officer
Approved as to Form and Legality:
By:
Name
Title:
John B. Strong
Assistant City Attorney
Contract Authorization:
M &C: 23-0225
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Standard Agreement for Professional Services
Project Name
2
1 i IR
D E S I G N
G R O U P,
I N C.
■
December 20, 2022
■
Don Isaacs, RA
Property Management Department
City of Fort Worth
401 West 13t" Street
Fort Worth, Texas 76102
RE: Fire Station #37 — new fire station
10600 Alta Vista Road / Fort Worth, Texas
Mr. Isaacs,
ATTACHMENT "A"
It is with great enthusiasm that RPGA Design Group, Inc. presents the following Services and Fee
Proposal for Fire Station #37 to the City of Fort Worth (Owner). This proposal reflects our anticipated
Professional Services for the Site Adaption of the new Fire Station #37 at 10600 Alta Vista Road in Fort
Worth, Texas. We submit the following:
Protect Description
A. General Description: Fire Station #37 will be a site adaptation of Fire Station #45 with
approximately 10,500 total square feet plus 500 square feet of mezzanine, located on
approximately 2.45 acres. Fire Station #37 will be a one (1) story, two (2) company fire
station with 3 apparatus bays. The new fire station design will be a site adaptation of the
new Proto-type design developed and used for Fire Station #45. As a site adaptation we
understand that the design for FS #37 will utilize the design of FS #45 with the possibility of
different exterior/interior colors and if necessitated by the site, an Opposite Hand orientation
of the building plans. The construction delivery method is expected to be a Competitive
Sealed Proposal (CSP).
Two (2) Company Fire Station (to be based on FS #45)
o Entry Vestibule
o Public Restroom
o Watch Room
o Computer Room
o Kitchen/Dining room
o Day room
o Physical Training room
o Two (2) Officer's Suites with restrooms
o Five (5) private bedrooms
0 3-4 Private Restrooms
o Laundry room
o Telecom room
o EMT Storage room
o Tornado Shelter - Tornado Shelter requirements for Critical Emergency Operations
(International Building Code 2021): `In areas where the shelter design wind speed for
101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX - (817) 332-9487 (888) TRY-RPGA
www.rpgaarchitects.com
City of Fort Worth 2 Fire Station #37
tornados in accordance with Figure 304.2(1) of ICC 500 is 250 MPH, 911 call stations,
emergency operation centers and fire, rescue, ambulance and police stations shall have
a storm shelter constructed in accordance with ICC 500." In discussion with the City of
Fort Worth Development Department we anticipate the size of the Tornado Shelter to be
approximately 450 sq. ft.
• Three full-size drive-thru Apparatus Bays
o Bunker Gear room
o Maintenance/Storage room
o Lawn Equipment Storage room
• Site Improvements
o Provide City of Fort Worth iSWM compliance
o Utility improvements on the site will be determined upon review of the further site
information to be provided by the City.
B. Site Requirements — Basic Services: The Fire Station #37 site is approximately a 4.07-
acre site located on the west side of the 10600 Block of Alta Vista Road in Fort Worth,
Texas.
The site design will provide for a "drive -through" fire station with separate employee parking
and visitor parking. The visitor parking will accommodate accessible parking and accessible
pedestrian access to the facility. The fire station will be sited to efficiently accommodate all
necessary entities. The design of the apparatus aprons, entry, and egress shall endeavor to
allow a minimum of 45 feet of depth from the property line to allow the apparatus to have
adequate area for off street maneuverability.
Structural foundation systems and soil stabilization procedures will be used to provide a
structurally sound building. The Owner is aware of the extremely expansive clays prominent
in the area and RPGA will strive to provide solutions that meet both the Owner's
maintainability requirements and budget. It is anticipated that a structured slab with carton
forms will be used for this facility.
Landscape and Irrigation Design services will be limited to compliance with the City of Fort
Worth's minimum landscape, forestry and irrigation standards and any added requirements
or restrictions imposed by local regulations. Trees will be proposed as appropriate for this
location and as needed to assist in the passive solar design of this facility. Security and or
privacy fencing will also be provided as necessary.
C. Additional Site Requirements: Additional Services (if required): Additional site
information may be required to determine if additional services will be required to bring
utilities to the site.
Electrical, telephone and gas utilities will be provided by the individual utility companies.
Any engineering and associated construction costs for these utilities will be provided as
additional services and those services are not included in this proposal.
D. Exterior Design Features: The design of the new fire station will feature a design and
materials which complement its surroundings. In addition to the site requirements listed
above, the building components will be oriented to take advantage of passive solar
opportunities. Placement of trees, the placement of window and door openings and the
color of exterior materials will also be designed and selected with passive solar
considerations.
E. Interior Design Features: Interior spaces will maximize the use of natural lighting and
create a fire station that facilitates the interactions of the fire fighters. Use of natural and
artificial lighting will be used to enhance the quality and usability of the spaces. Selection of
materials will also consider the durability and maintainability of the material with life -cycle
cost considerations.
101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX - (817) 332-9487 (888) TRY-RPGA
www.rpgaarchitects.com
City of Fort Worth
Fire Station #37
The new fire station will also be designed to meet the Americans with Disabilities Act (ADA)
and the Texas Accessibility Standards (TAS). If required, a variance application will be
submitted to TDLR for the design of an adaptable fire station. Any cost for filing TAS
Review, Inspection and Variance reports will be submitted as reimbursable expenses.
F. Project and Construction Budget:
1. Fire Station Site and Building Budget: we anticipate a total construction budget of
approximately $6,100,000.00 ($5,665,000.00 construction budget ($515.00/s.f.) +
$424,875.00 Owner Controlled Contingency (7.5% of construction budget) _
$6,089,875.00 total construction budget).
2. Professional architectural/engineering services, construction cost estimates, construction
materials testing, geotechnical services, survey, and reimbursable expenses are not
included in the anticipated construction budget.
It is understood that the Owner will work with RPGA to change the project requirements if it
becomes necessary to meet the established construction budget.
Scope of Services
A. General Services: RPGA will meet with the Owner to clarify and define the Owner's
requirements and budget prior to commencement of work.
RPGA will supervise and coordinate consultants' activities, review all consultants'
documents and review all pertinent consultant documents with the Owner. Consultants
hired independently by the Owner are excluded from RPGA's supervision and coordination.
RPGA will document all design meetings with the Owner.
B. Schematic Design: RPGA will design the Project in conformance with the Owner's outlined
program. The design team will prepare approaches to the design. Sketch plans will be
developed, providing "broad brush" concepts to illustrate the potential of the given design.
RPGA will prepare a package consisting of the following: floor plans at 1/8" scale and
rendered sketch elevations and or perspectives sufficient to indicate the character of the
proposed Project.
RPGA will work with our cost estimating consultant to provide a preliminary estimate of
Construction Cost at the conclusion of this phase.
C. Design Development: Based on the approved Schematic Design Package as well as any
further adjustments authorized by the Owner, RPGA will develop Design Development
Documents consisting of drawings and other documents to fix and describe the size and
character of the Project as to architectural, civil, structural, mechanical and electrical
systems, materials and such other elements as may be appropriate. These drawings will
incorporate all floor plans, elevations, site plan, and all necessary drawings and details
necessary to update the estimate of Construction Cost.
Before or during the Design Development Phase we will meet with the Development and
Planning Department to review and discuss any Pre -Development issues that need to be
addressed for the new fire station.
D. Construction Documents: Based on the approved Design Development Documents and
any further adjustments in the scope or quality of the Project or in the construction budget
authorized by the Owner, RPGA shall prepare Construction Documents consisting of
Drawings and Specifications setting forth in detail the requirements for the construction of
the Project. RPGA will sign, stamp or impress the construction documents for use in the
State of Texas.
101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX - (817) 332-9487 (888) TRY-RPGA
www.rpgaarchitects.com
City of Fort Worth
Fire Station #37
RPGA will provide the documents necessary for the cost estimator to develop a 95%
Construction Documents estimate.
E. Contract Administration:
1) RPGA shall visit the site to become generally familiar with the progress and quality of
the work and to determine, in general, if the work is progressing in accordance with the
contract documents. RPGA's site visits will be limited to one (1) site visit per week, as
requested by the Owner, throughout the construction period. A twelve (12) month
construction period is anticipated for this fire station. The site visits will include general
observations of the construction and a meeting with the Owner and the Contractor to
review and discuss conformance with the contract documents. A regular day and time
for these meetings will be mutually established at the beginning of the construction
period. Each site visit/meeting will include a written report identifying items of concern
with anticipated resolutions. The Structural Engineer will be limited to ten (10) site
visits; the MEP Engineer will be limited to six (6) site visits The Civil Engineer will be
limited to four (4) site visits; and the Landscape Architect/Irrigation Designer will be
limited to four (4) site visits when requested by RPGA and/or the Owner. RPGA and
our consultants shall endeavor to guard the Owner against defects and deficiencies in
the construction.
2) RPGA shall not have control of, or charge of, and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for safety
precautions or programs in connection with the work, for the acts of omissions of the
contractor, subcontractors, or any other persons performing any of the work, or for the
failure of any of them to carry out the work in accordance with the contract documents.
3) RPGA shall, at all times, have access to the work wherever it is in preparation or
progress.
4) As requested by the Owner, RPGA shall determine the amounts owed to the
contractor, based on observations at the site and on evaluations of the contractor's
monthly application for payment, as provided in the approved schedule of values.
5) RPGA shall recommend that the Owner reject work that does not conform to the
contract documents.
6) RPGA shall review and take proper action on submittals such as shop drawings,
product data and samples, but only for conformance with the design concept of the
work and with the information given in the contract documents. All structural, civil,
M.E.P. and landscape/irrigation shop drawings will be reviewed by the respective
consultant and documented by RPGA.
7) RPGA shall conduct inspections to determine the dates of substantial completion and
shall review the project for final certificate of payment.
8) The extent of the duties, responsibilities, and limitations of authority of RPGA, as the
Owner's representative during the construction shall not be changed or extended
without written consent of both the Owner and RPGA.
Compensation:
A. Based on our understanding of the scope of services to be performed the fees are as stated
below. If during the development of the project changes are made to the scope and/or
construction budget of the project, the fees will be subject to revision. Fees as quoted are
good for a period of (90) ninety days from the date of this proposal.
101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX - (817) 332-9487 (888) TRY-RPGA
www.rpgaarchitects.com
City of Fort Worth
Fire Station #37
Architectural/Engineering Fees for Fire Station #37
Owner agrees to pay the Architect for all professional services rendered under this
agreement. The Architect's fee for Basic Services shall be a flat fee based on the following
understanding, plus allowable reimbursable expenses.
Basic Services
Architectural------------------------------------------------------------------------------------------------- $ 241,625.00
Program Verification
Interior Design (excluding FF&E)
ADA Compliance
TAS (TDLR) Compliance
COMcheck Compliance
Construction Administration with Basic Services
Structural Engineering (M/WBE)----------------------------------------------------------------- $ 51,150.00
R. L. Woods and Associates
Construction Administration with Basic Services (10 meetings)
M.E.P. Engineering(SBE)........................................................................... $ 25,500.00
Wells Doak Engineers, Inc.
COMcheck Compliance
Construction Administration with Basic Services (6 meetings)
Total Basic Services Fees
Basic Additional Services
$ 318,275.00
Civil Engineer including iSWM submittal to the CoFW (M/WBE) ............. $ 61,400.00
Project Management Associates (PMA)
Construction Administration with Basic Services (4 meetings)
Landscape and Irrigation (M/WBE).......................................................... $ 15,025.00
Victory Parks Landscape Architect
Construction Administration with Basic Services (4 site visits)
Construction Cost Estimator..................................................................... $ 6,000.00
Riddle and Goodnight
Total Basic Additional Services Fees
Reimbursable Expenses
$ 82,425.00
Survey and Platting - Pacheco Koch a Westwood Company
Land Title Survey $ 3,000.00
TOPOGRAPHIC SURVEY $ 6,000.00
MINOR PLAT $ 7,000.00
EASEMENT DOCUMENTS (3 OCR. $2,500 each) $ 7,500.00
TOTAL Survey and Platting $ 23,500.00
101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX - (817) 332-9487 (888) TRY-RPGA
www.rpgaarchitects.com
City of Fort Worth
Fire Station #37
Surveying Special Services (If requested)
PLANNING SERVICES $ 2,500.00
Total Surveying Special Services $ 2,500.00
TAS Registration and Inspection Fees $ 2,000.00
Geotechnical Services (Alpha Testing) $ 7,800.00
Anticipated Reimbursable Expenses: $ 7,500.00
Total Reimbursable Expenses $ 43,300.00
Total Consultant Fees for Fire Station #37 $ 444,000.00
B. The proposed project team represents the following M/WBE and SBE consultants and the
fee proposal percentage.
• R. L. Woods and Associates (M/WBE) 11.52%
• Wells Doak Engineers (SBE) 5.74%
• Project Management Associates (M/WBE) 13.83%
• Victory Park Studios (M/WBE) 3.38%
Total M/WBE and SBE participation 34.48%
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: $195.00
Project Manager: $125.00
Production Personnel: $95.00
Clerical $55.00
The above listed hourly rates are subject to change with notice. The Owner can negotiate a
set fee at the time, 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:
a) cost of reasonable incidental charges exclusive of markup for delivery charges; cost of
reproduction, postage and handling of drawings, specifications and other documents;
and renderings, models and mock-ups requested by the Owner and as required in the
normal preparation of Schematic Design, Design Development and Construction
Documents as required for reviewing and developing the Documents for the project.
b) cost of TDLR accessibility variance application fees, project filing fees, plan review and
inspection fees.
c) all necessary costs of printing and/or courier services for the purpose of bidding the
Construction Documents and Specifications will be the responsibility of the Owner.
IV. Schedule:
Based on our understanding of the scope of services we estimate the schedule to be as follows:
Schematic Design 3-4 Weeks
Design Development Documents 3-4 Weeks
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 #37
Construction Documents (95%) 7-9 Weeks
Bid Documents (100%) 2-3 Weeks
Anticipated Design/Documentation Duration 15-20 Weeks
This schedule anticipates a period of one week for review by the Owner for changes and
clarifications at the completion of the Schematic Design, Design Development and the 95%
Construction Documents phases.
V. Changes: If a major change is made in the scope, approach, or details of the Project at the
Owner's request after construction documents are underway or finished, the cost of making
changes will be billed at the above hourly rates. This also applies to any changes required by
new zoning or building code requirements instigated after the Projects' inception.
VI. Documents:
All plans and drawings will be prepared and submitted by RPGA to the Owner for approval on 24"
x 36" or 30" x 42" bond sheets, with all plotted lettering clearly legible when the sheets are
reproduced and reduced to half size.
It is to be implicitly understood that we, RPGA, will act in your best interests and, at all times, carry out
duties with reasonable diligence and expedience.
We look forward to discussing this proposal with you at your earliest convenience. Thank you again for
this opportunity.
Yours sincerely,
J ier Q. Lu ' , Principal
P G A Design Group, Inc.
101 S. Jennings Avenue, Suite #100 Fort Worth, Texas 76104 (817) 332-9477 FAX - (817) 332-9487 (888) TRY-RPGA
www.rpgaarchitects.com
ATTACHM ENT "B"
VERIFICATION OF SIGNATURE AUTHORITY
Consultant hereby agreesto provide City with independent audit basic financial statements, but
also the fair presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Consultant and to execute any
agreement, amendment or change order on behalf of Consultant. Such binding authority has
been granted by proper order, resolution, ordinance or other authorization of Consultant. City is
fully entitled to rely on the warranty and representation set forth in this Form in entering into any
agreement or amendment with Consultant. Consultant will submit an updated Form within ten
(10) business days if there are any changes to the signatory authority. City is entitled to rely on
any current executed Form until it receives a revised Form that has been properly executed by
Consultant.
1.
Name:
Position:
Signature
2.
Name:
Position:
Signature
3.
Name:
Position:
Signature
Name:
Signature of President / CEO
Other Title:
Date:
City of FortWorth, Texas
Revision Date: 11/22/2021
Page 11 of 11
Standard Agreement for Professional Services
Project Name
City of Fort Worth,
Mayor and
DATE: 03/21 /23
Texas
Council Communication
LOG NAME: 21 FIRE STATION 37 DESIGN
SUBJECT
M&C FILE NUMBER: M&C 23-0225
(CD 4 / Future CD 4) Authorize Execution of an Architectural Design Contract in the Amount of $444,000.00 Including $43,300.00 of Reimbursable
Expenses, with RPGA Design Group, Inc., for Design and Construction Administration Services for Fire Station No. 37 Located at 10600 Alta
Vista Road for an Estimated Total Cost of the Project, Including Design, Construction, and Other Costs in the Amount of $10,428,200.00 (2022
Bond Program)
RECOMMENDATION:
It is recommended that the City Council authorize execution of an architectural design contract in the amount of $444,000.00 including $43,300.00
of reimbursable expenses, with RPGA Design Group, Inc., for design and construction administration services for Fire Station No. 37 located
at 10600 Alta Vista Road for an estimated total cost of the project, including design, construction, and other costs in the amount
of $10,428,200.00.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize execution of an architectural design contract in the amount of
$444,000.00 including $43,300.00 of reimbursable expenses, with RPGA Design Group, Inc., for design and construction administration services
for Fire Station No. 37 located at 10600 Alta Vista Road.
The City Council authorized the acquisition of the land for Fire Station No. 37 on January 10, 2023, (M&C 23-0032). The site is located at 10060
Alta Vista Road, Fort Worth, TX, Tarrant County, Texas 76244. This site will accommodate the Fire Departments preferred one story prototype
design. RPGA Design Group, Inc. is the City's designer for this prototype. Based on their unique expertise with this prototype design, City staff
recommends that City Council authorize execution of an Architectural Services Agreement with RPGA Design Group, Inc. for design and
construction administration for the new Fire Station 37.
Estimated Costs - The overall project costs are expected to be as described in the table below:
FIRE STATION 37 - PROJECT COSTS
Estimated
Cost
Land Cost
$2,125,000.00
RPGA Design Group, Inc. Design Fees
$444,000.00
Construction Fees (Including Owner's Contingency Allowance) �[$7,249,200.00
Frojectanagement, Bid Advertisement, Materials Inspection, Site Utilities, etc.
$610,000.00
PROJECT TOTAL
$10,428,200.00
This project is partially funded from the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-
08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until
debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the
statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-
2022).
Funding is budgeted in the Fire Department's 2022 Bond Program Fund for the purpose of funding the Fire Station 37 project, as appropriated.
Schedule - Construction is planned to begin during the second quarter of the calendar year of 2023 with an anticipated completion date during
the fourth quarter of the calendar year of 2024.
Waiver of Building Permits - In accordance with the City Code of Ordinances, Part II, Chapter 7-1 Fort Worth Building Administrative Code,
Section 109.2.1, Exception 2; "Work by non -City personnel on property under the control of the City of Fort Worth shall be exempt from the permit
fees only if the work is for action under a contract that will be or has been approved by City Council with notes in the contract packages stating the
fee is waived."
Diversity and Inclusion Business Equity Office - RPGA Design Group, Inc. is in compliance with the City's Business Equity Ordinance by
committing to 83.00% Business Equity participation on this project. The City's Business Equity goal on this project is 12%.
Fire Station 37 is located in COUNCIL DISTRICT 4/ Future COUNCIL DISTRICT 4.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2022 Bond Program Fund
for the Fire Station 37 project to support the approval of the above recommendation and execution of the contract. Prior to any expenditure being
incurred, the Fire Department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office by. Dana Burghdoff 8018
Originating Business Unit Head: Steve Cooke 5134
Additional Information Contact: Nikita Watts 3659