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HomeMy WebLinkAboutContract 45383 CITY SECRETARY CONTRACT NO. STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OF r rARRANT § 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 Luicio for the purpose of providing architectural design and construction administration services the renovation of the old Fire Station No. 12 on 2408 Prospect Avenue in Fort Worth,Texas. W I T'N E S S E TH: 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 L1 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 we Provide design and construction administration services to renovate the old Fire Station No. 12 on 2408 Prospect Avenue in Fort Worth, Texas ("Project"). The scope of ,services is described more fully in Attachment"A"of this Agreement, SECTION 11 PERSONNEL 1. The following personnel will be assigned to this Pro1ect: 1.1. City of Fort Worth 1.2. Project Manager: Alfonso Meza,Registered Architect and Project Manager. 1.3. Architect 1.3.1.,Principal in Charge:Javier Lucio,AIA 1.3.2. Project Manager: Javier Lucio,AIA 1.3.3. Project Architect: Javier Luc o,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 Prqjects, 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. OFFICIAL RECORD Old Fire Station it! No. 1 2 01TY S Y RPGA Design Group,Inc.(Februiary 2014) CffY SECRETARY ge 1 of 10 TH,TX RECEIVED FEB 2 6 1014 FTO WORTI's TX �Iul JIV 5. The Architect shall perform services as outlined in the RP'GA Design Groqp,-Inc.lett Februgy 4,20142S : Old Fire Station 12—Adgptive Reuse,.,2408 Prospect Avenue,Port 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 m provided prior to reaching an agreement on additional fees will be non-copensable. 7. Architect shall apply for building permits and provide such service as may be necessary for the building permits to be issued. The City shall pay any fees for such Building Permits. SECTION IV SPECIAL SERVICES OF ARCHITECT 1. If authorized in writing by City,Architect shall furnish or obtain from others special services necessary to complete the Projects. These special services are not included as part of the Basic Services outlined in SECTION I - SERVICES OF THE ARCHITECT and Attachment"A." These special services will be paid for by City as indicated in Section V. SECTION V COMPENSATION TO ARCHITECT 1. The total comp�ensation for all of the assignments to be performed by Architect to complete the 0 Projects as described, in SECTION III - CHARACTER OF ARCHITECT'S SERVICES and Attachment "A" hereof shall, be $49,700.00, hereinafter referred to as the "total fee," including up to $1,700.00 in reimbursable expenses. 2. Architect shall be paid the following percentages of the total fee at the following stages of the project: 2.14 Completion of Programilriing and Schematic Design, cost estimates; and Integrated Stormwater (ISWM)checklist if required(20%) 2.2. Completion of Design Development,cost estimates;and iSWM checklist if required(45%) 2.3. Completion of Construction Documents,cost estimates;and iSWM checklist if required (80%) 2.4. Action by City Council to accept construction Proposals(82%) 2.5. Final acceptance of the,Project by the City(100%) 2.6. Reimbursement of allowable expenses shall have prior approval of the City., Allowable expenses include: 2.6.1 Printing Costs 2. .2.Enhanced CAD drawings for pubilic 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 CONSTRUCTION COSTS 1. The Construction Budget for the Project is $500 OOO.00 — 600,000.00. If the Construction Budget is ,a exceeded by the lowest bona fide proposal,the City may(1)award the contract,(2 abandon the project and terminate this agreement, or (3) cooperate in the reduction of the project scope and features as required to stay within the Construction Budget in order to re advertise the Project. If the City decides Old Fire Station No.'12 Page 2 of 10 RPGA Design Group,Inc,(February 2014) u116 to reduce the scope of the prQJect and re-advertise, the Architect shall, without additional fee., modify the Drawings and Specifications as necessary to stay within the Construction Budget. In the event the City abandons the project,the City may terminate this Agreement,and the Architect shall be entitled to 82%of the total fee plus allowable reimbursement. 2. The Architect shall inform the City in writing of the probable construction cost at the submission of each design phase. The City shall either approve the adjustment of the Construction Budget or direct the Architect to adjust the Project design,at no additional cost to the City,to stay within the previously approved Construction Budget, SECTION VII METHOD OF PAYMENT 1. The Architect shall be paid not more 'frequently than once per month on the basis of statements prepared from the books and records of account of the Architect, such statements to be verified as to accuracy and compliance with the terms of this Agreement by an officer of the Architect. Payment according to statements will be subject to certification by the Director, Transportation and Public Works Department or his duly authorized representative that such work has been performed. 2. The above charges are on the basis of prompt payment of bills rendered and continuous progress of the work on the Projects until completion. If City fails to make any payment required herein for services and reimbursable expenses within sixty days after approval of Architect's statement thereof, Architect may, after giving seven (lays written notice to City, suspend services under this Agreement until Architect has been paid, in full all arnounts due for services actually performed and reimbursable expenses incurred. SECTION VIII PROCEDURES FOR PROVIDING DESIGN SERVICES L Programming and Schematic Design Phase-, I.I. 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. 1.31. 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 casements and any other property issues necessary to complete the design and secure a construction permit. 2.2. The design shall include all site wo rk, 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(it'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 ft; id=89722. r/ i fQrtworthtexas.govllpw/s,to,rmwate-_ .9 2.5. The Architect shall evaluate this project for Opportunities to apply a Lx,)w Impact Development Design(LID)p�hilosophy. 2.6, Architect shall prepare the design in stages as followvs.- 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. Old Fire station No. 12 Page 3 of 10 RPG A Design Group,Inc.(February 2 014) 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 sane scale as floor plans, area plans will, have sanne scale for all disciplines, and site plans for all disciplines,will be at sarne scale. 2.7.2., Drawings shall plot to 2204 sheet to facilitate half-size 11x17 prints. Fonts shall be legible at half-size. 2.8. Architect, at its sole cost and expense, shall engage a consultant to prepare "Elirnination 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 T'DLR 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 I*tl 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 M accordance with the design,but fail to meet accessibility requirements or building,codes. 2.9. The Architect shall include procedures for mitigating environmental impact,, use of recycled building materials, sustainable construction, and a building-commissioning. design -program in the d 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 Ur or PDF or DWG format for posting to the Internet or such olther operating system as determined by the City. 3. Bidding: 3.1. The Architect shall respond to Contractors inquiries,prepare necessary addenda-, and conduct the Prebid Conference, and participate in the contractor selection process. 3.2. The Architect shall coordinate printing of documents for bidding. 3.3. Following bidding, the Architect shall investigate the qualifications of up to three bidders and make recommend,ations 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 Auto CAD LT and P:DF or such other operating system as determined by the City. 4,, Construction Services: 4.1. The Architect shall assist the City by approving submittals, observing construction procedures and results, reviewing methods and costs associated with proposed change orders, and resolving construction problems. Old Firs Station No, 12 Page 4 of 1.0 RPGA Design Group,Inc.(February 20,14) 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., 1 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 p df files of the''Record Drawings" suitable to use on AWCAD LT or such other operating system as determined by the City. Architect will also provide three (3)full-sized set of drawings(24"X 32"or larger). 5. All designs,drawings,specifications,documents,and other work products of the Architect,whether in hard copy or in electronic form, are instruments of service for this Project, whether the Project is completed or not. Reuse, change, or alteration by the City or by others acting through or on behalf of the City of'any such instruments of service without the written permission of the Architect will be at the City's sole risk., The, City shall own the final printed designs, drawings, specifications and documents. Transfer of ownership of the contract documents does not constitute sale of the documents. 6. Prepare schedules using the following scheduling software systems'. Primavera Version 6.1 or Primavera Contractor Version 6.1 or Primavera SureTrak Version 3 or Mircosoft Project Version 20031/2,007. Ti e 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 L 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 a.nu+di 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 deerns, 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. Old Fire ZStation No. '12 Page 5 of 10 RPGA Design Group,Inc,(February 20.14) .... ......... 10. Provide such legal, accounting, insurance and other counseling services to City as may be required for the Projects. 11. Manage the advertisement and bidding of the project, issue addenda, distribute bid documents, award contract,and execute the contracts,. 12. Administer the construction,cif the Project. 13. Provide inspection and management services., 14. Provide contractors prepared field drawings to the Architect for review. 15. Pay all impact and utility fees and other fees not expressly assigned to the Architect. This includes fees charged by Oncor for new or revised service. 16. Print documents for bidding and record., 17. Bear all costs incident to compliance with this Section. SECTION X TERMINATION 1. The City may terminate this Agreement at any time for convenience or for any cause by notice in writing to the Architect. Upon receipt of such notice, the Architect shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities and materials in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. 2. If the City terminates, this Agreement under the foregoing paragraph, the City shall pay the Architect for services performed in, accordance herewith prior to such termination,, less such payments, having been previously made. Such payment shall be based upon the work completed up to the date of termination of the Agreement in accordance with the method of compensation prescribed in SECTIONS V and VI hereof. Architect shall also be compensated for all te,rmination-related expenses such as meeting attendance, document reproduction, transfer of records, etc. Provided, however, Architect shall not be entitled to any compensation that exceeds the total fee to be paid hereunder at the applicable phase as stated in SECTION V. 3. Upon early termination or conclusion of this Agreement, the Architect shall provide the City reproducible copies of all completed or partially completed engineering documents,prepared under this Agreement that shall become the property of the City and may be used by the City in any Manner it desires., The Architect shall not be liable for the use of such materials for any project other than the project described in this Agreement. SECTION XI INDEMNITY AND INSURANCE 1. Approval by the City of contract documents shall not constitute or be deemed to be a release of the responsibility and liability of the Architect, its officers, agents, employees and 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 oniission in the conduct or preparation of the subsurface investigations, surveys,, designs, working drawings and specifications and other Engineering documents, by the Architect, its officers,agents,employees,and consultants,it being the intent of the parties that approval by the City signifies the City's approval of only the general design concept of the improvements to be constructed. 3. In this connection, the Architect shall indemnify and hold the City and all its officers, agents, servants and employees harmless from any loss, damage, liability or expenses, on account of damage to property and injuries, including death, to all persons, including but not limited to officers, agents, or Old,Fire Station No.12 Page 6 of 10 RPGA Design Group,Inc.(February 2014) .............................. ...................... 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 Architects professional set-vices 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, ho�wever, 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 $1,00,01000 Per Occurrence $2001000 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 $500,0010 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) $1,1000900() Per,claim $2110001000 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 re'spects,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., Old Fire Station No.12 Page 7 of 10 RPGA Design Group,,Inc.(February 2,014) 7.4. A minimurn of thirty days notice of cancellation or non-renewal in coverage shall be provided to the City. A ten days notice shall be acceptable in the event of non-payment of premium., Such terms shall be endorsed onto Architect's insurance policies. Notice shall be sent to the Architectural Services Manager,Transportation and Public Works Department,401 West 13�'h Street,Fort Worth, TX 76102. 7.5. The City shall not be responsible for the direct payment of any insurance prem,i,urns 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 req,ui,rernents specified in this agreement according to the best interests of the City. 7.7. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. 7.8. Deductible, limits,or self-insured retentions, affecting insurance required herein may be acceptable to the City at its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. 7.9. The City shall be entitled, upon its request and without incurring expense,to review the Architect's insurance policies including endorsements thereto:and,at the City's discretion,the Architect may be required to provide proof ref 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. 'rhe Architect is current insurer shall list the City as a certificate holder for a period of six years following the issuance of the Certificate of Substantial Completion by the Architect., The City shall be notified at least 30 days prior to cancellation or non-renewal in coverage., 8. The City shall require its General Contractor to include the Architect as an additional insured on its general liability insurance., SECTION XII HAZARDOUS MATERIALS 1. City acknowledges Architect will perform part of the work at City's facilities that may contain hazardous materials including asbestos containing materials, or conditions, and that Architect had no prior role in the generation,treatment,storage,or disposition of such materials. In consideration of the associated risks that may give rise to claims by third' parties or employees of City,City hereby releases architect from any damage or liability related to the presence of such materials. r 1 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 :III RIG14T 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. Old Fire Station No. 12 Page 8 of'10 RP GA Design Group,,Inc.(February 20,14) .......................... ....................... 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 fight 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 pro'ject-related docurnents 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 I 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(S BE)GOAL 1. This Section is not applicable for this project. SECTION XVIII OBSERVE AND COMPLY 1. Architect shall, at all times observe and comply with all Federal and State laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws, ordinances and regulations which may exist or may be enacted later by governing,bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Architect agrees to defend, indemnify and hold harmless City and all its officers, agents, and employees from and against all clam or liability arising out of the violation of any such order, law,ordinance,or regulation,whether it be by itself or its employees. SEC71ON XIX MISCELLANEOUS 1. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant, County, Texas or the Old Fire Station No. 12 Page 9 of 10 RP'GA Design Group,Inc.(February 2014) ........... United States District Court for the Northem 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 ru le of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 3. This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not,in any form or manner,be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. IN TESTIMONY THEREOF, the City of Fort Worth has caused this instrument to be signed in triplicate in its name and on its behalf, by its City Manager and attested by its City Secretary, with the Corporate Sea] affixed; and the Architect has also properly executed this instrument in triplicate copies, each of'which is deemed an original. L EXEC UTEDIN rl HE CITY'OF FORT WORTH TEXAS,THIS aLfday'of,4jA � A.D. 2014. QUORU�AW CHIT'FICTS,INC. APPROVED: wo By. 74 By ,Ia ier-Lucio, Fernando Costa incipal Assistant City Manager APPROV L RECOMMENDED: RECORDED: A By. Lj Lj By. Douglas Wiersig,PE Mary J. k4lve ` Dlirector, cans portation&Public yWks Department City Secretary 0 AOWI%L M0 %-V- 0�0 g APPROVED AS TO FORM AND LEGALITY: M&C,is not re uired for this A e t R .401� Contract Authorization 00ow0000 AS By: a U 4 uglas W. Black Assistant City Attorney The Texas,Board of Architectural 1'�xarnjncrs,8213 Shoal Creek Boulevard,Suite 107,Austin,Texas,78758,telephone(5 12),3105- 9000,has jurisdiction over individuals licensed under the Architects'Registration Law,Texas Civil Statutes,Article 249a. f 1 CP*Otto off trot P41P F* . a W11 0 ell 00001 Fla Itiogor"I Old Fire Station No. 12 age 10 of 10 RPGA Design(.1roup,Inc.(February 2014) 'A R P G A D E S I G N G R 0 LJ P I N C February 4, 2014 Dalton Murayama Architectural Services Manager Transportation and Public Works City of Fort Worth 319 W. 1 Oth Street Fort Worth, Texas 761 10:2 RE. Old Fire Station 12 —Adaptive Reuse 2408 Prospect Avenue, Fort Worth, Texas Mr. Murayama'. It is with great enthusiasm that R A Design Group, Inc. presents the following Services and Fee Proposal for the Adaptive Reuse of Fire Station 12 to the City of Fort Worth (Owner). This proposal, reflects our anticipated Professional Services for the design of the adaptive reuse of Fire Station 12. We submit the foll�lowing: 1. Project Descir, tin A. General Description-. The existing Fire Station 12 is a two-story structure with a total of approximately 6,000 square feet located on an approximately 1 acre site. The existing structure will require the addition of an elevator to make the second floor fully accessible. Parking will be reconfigured on the existing paving to maximize the total number of parking spaces available. The following scope is anticipated for this project. 1. Design and renovation of facility into, new offices to be occupied ed by City staf 2. Provide layout for furniture, fixtures and equipment (FF&E) proposed by Owner (information and equipment to be selected and provided by Owner). Costs associated with the purchase, delivery and placement of F'F&E are not included in our scope of work nor are they included in our anticipated cost of construction. 3. Add new elevator 4., Replace, all existing windows with windows to complement the original fire station design 5. Maintain and repair existing exterior stair as necessary 6. Repoint exterior m�as,oinry as necessary 7. Design new Main Entrance on the south side oft e building; utilizing the existing opening 8. In�stalll new mechanical equipment throughout 9. Upgrade electrical service and provide new lighting, electrical service I 0� Provide new site lighting 11. Provide new telephone data drops only (cable and cabling by Owner) 12. Provide new fire alarm system 13. A Fire Protection (sprinkler system) is "not"' anticipated for this renovation (to, be confirmed with Owner) 14. Replace existing interior stair with new accessible stair 101 S.Jennings Avenue,Suite#1 OO Fort Worthi,Texas 76104 (817)332-9477 FAX(8117)332-9487 (888)TRY-RP GA www.rpgaarchitects.corn Fire Station 12—Adaptive Reuse 2 February 4,2014 5�. Provide new accessible restroomis and break room 16. Replace walls at existing applaratuls bay olpeningis and original entry door to complement the original fire station design (these will re,rmai'n non-functioning doloirs), 17. Reconfigure existing parking to maximize parking on the existing site 18. Repair the cap on the parapet wal�ls (the Owner has determined that the existing modified bitumen roofing is in good condition andi dues "not" need to be replaced at this time) and roofing modifications, as necessary for new roof top equipment 19. Repair existing pavingi as necessary; level of repairs to be evalulated and reviewed wi'th Owner for final' determination of paving scope Bi. Owner's Scope,: We anticipate the,following scope of work to be completed by the Owner: 1 Owner to provide environmental testing and abatement (we anticipate that this scope wild demolish the majority of the existing finish out back to the original fire station conditions), 2. Owner to clear existing building shed and existing play structures located on site on the east and south sides of the building including existing playground fencing I Owner to remove existing playground surface from Site including material located over the existing paved surfaces. C. Programmatic space requirements—The square footage of the specific areas may vary as the program is further developed with the Owner. 1. First Floor a. Office— Neighborhood Stability Supervisor 110 b. Office — El Suipervisoir 110 C. Office— Special Projects Superintendent 110 d. Conference Room 320 e. Elevator and Ellevator Room 200 f. Restrooms, 500 g. Break Room 200 h�. Electrical Room 80 i. Mechanical Room (Split system for 1st floor) 100 j Open Plan area for cubicles and circulation (including walls) 172701 2. Second Flooir a., Office —Assistant Director 190 b. 2 Offices @ 110 s.f., 2210 C. 4 Offices, @ 910 SJ. 3610 d. 2 Offices @ 80 s.f. 160 e. Elevator 100 f. Mechanical Room (roof top unit anticipated) 0 g. Open Plan area for cubicles and circulation (including walls) 1 3970 Estimated Total Square Footage Approximately 6,000, D. Site Requirements: Evaluate and repair existing paving, maximize parking and provide site l�ightiing E. Exterior Design Features: Repair masonry, replace windows, repair stair; repair parapet walls. F. Interior Design Features: Upgrade new mechanical, electrical and plumbing equipment. Use of natural and artificial lighting will' be utilized to enhance the quality and usability of the 101 S.Jennings Avenue,Suite#100 Fort Worth,Texas 76104 (81I7)3132-9477 FAX(S 17}332-9487 (888)TRY-RPGA www.rpigaarchitects.com, Fire Station 12—Adaptive Reus,e 3 February 4,2014 spaces,. Selection of materials will also consider the durability and maintainabiility of the material with life-cycle cost conisiderati�ons., The office twill be designed to meet the American's with Disabilities Act (ALFA) and the Texas Accessibility Standards (T AS). The cost for filing T Review, Inspection and Variance reports will be submitted as reimbursable expenses. G., Project and Construction Budget-, We anticipate a construction budget of between $500,0100.,00 and $600,00�0.00 to complete the renovation of this building and complete the site improvements. Costs for abatement and demolition of the existing materials are it not" included in the cost of construction for this project". All consultant fees,, construction testing, survey and reimbursable expenses are (I not i, ncluldied in the anticipated construction budget. It is understood that the Owner gill work with RPG A to modify the project requiremients, "if' it becomes necessary to meet the established construction budget. 11. Scope of Services A. General Services.- RPGA will meet with the Owner to clarify and define the Owner's requirements and budget prior to commencement of work. RPGIA will supervise and coordinate consultants' activities, review alil consultants' doicunnenlits and review all pertinent consultant docurnents with the Owner. Consultants hired independently by the Owner are excluded from RPG,A's supervision and coordination. RP GA will document all design meetings with the Owner. B. Schematic Design.. This phase will include Schematic Design plans and elevations. Sketch plans will be developed, providing "broad, brush" concepts to illustrate the potential of the design. RPGA will prepare a package coin sisti ng of the following.- floor plans at 1/8 scale and elevations of the proposed Project. C. Design Dievell"ment: Based on the approved Schematic Design drawings, as well as any further adjustments authorized by the Owner, RPGA will develop Design Dievelolpim ent Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to archiitectural, civil, structural, mechanical and electrical systems, materials, and such other elements as may be appropriate. These drawings will incorporate all floor plans, elevations, site plan!, and all necessary drawings and details necessary to convey the development of the project. Before or during the Design Development Phase we will meet withi the Development and I Planning Department to review and discuss any Pre-Development issues,that need' to be addressed. D. Construction Documents: Based on the approved Design Development Documents, and any further adjustments in the scope or quality of't'he Project or in the construction budget authorized by the Owner, RFGA shall' prepare Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. RPGA will sign, stamp or impress the construction documents for use in the State of Texas. E. Contract Administration: 1) RPG,A shall visit the site to become generally familiar with the progress and quality of the work and to determine,, in general,, if the work is progressing in accordance with the contract documents. RPGA,'s site visits will be limited to one (1) site visit per week throughout the construction period. A four (4) month construction period is anticipated 101 Si,Jennings Avenue,Suite#1 Fort Worth,Texas,761'104 (817)332-9477 FAX(817)332-9487 (888)TRY-RPGA www.rpgaarchitects.com Fire Station 1:,2,—Adaptive Reuse 4 February 4,2014 for this project. The site visits will include general observations of the construction and a meeting with the Owner and the Contractor to review and discuss conformance with the contract documents. A regular day and tine for theisie eetilnis will be mutually established at the beginning of the construction pleriold!. Each site visit"n will include a written report identifying items of concern with anticipated resolutions. MEP, Structural and Civil Con�suiltants,will be limited to 3 site visits each. RPGA and our consultants shiall 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 cointr,a�ctor, 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 tunes, have access to,the work wherever it is in preparation or progress. 4) As requeisted by t1' e Owner, RPGA shall determine the amounts owed to the contractor, based on observations at the site and on evaluations of the contractor J;s monthly application for payment, as pirovid�ed 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 coinfoir,mancei 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,willl be reviewed by the respective consultant and documented by RFGA. 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) Ifrequented"'as an Additional Service, RPG A shall'p,relparel "'Record Drawings"for the project based on the Contractor's marked-up field drawings, inspection notes and RPGA's observations. One full size copy of the Record Drawings will be provided as well as one set,of-dwg CADD files. Record Drawings are not included in the Basic Services for this project'. III. Compensation: A. Based on our understanding of the scope, of services to be performed the fees are as stated below. If during the development of the project changes are made to the scope a,nd/or construction budget of the project, the fees will be subject to revi's,ion Fees as qu�oted' are good for a period of(90) ninety days from the date of this proposals. Consultant Fees Owner agrees to pay the Architect for all professional services rendered under this I agreement. The Architects fee for Basic Services shall be a flat fee biased on the following understanding; Plus allowable reimbursable expenses. Basic Services—$5100,0010-$6010,000 Antici aced Construction,Bud et Architectural ......................................................I..........................-$ 311 315 0 01.0 0 101 S.Je nni ng s Avenue,Suite#100 Fort VVorth,Texas 76104 (817)332-9477 FAX(817)3132-9!487 1(888)TRY-RPGA wwwripgaarchitects.com Fire Station 12—Adaptive Reuse 5 February 4,2014 Program Verification Interior Design (excluld�in g FF&E) ACA Compliance TAS (TDLR) Compliance Construction Administration with Basic Services (16 meetings), Structural Engineering (RL Woods &Associates, LLCM)..............._ ............$ 6J750.00 Construction Administration with Basic Services (10 meetings), M.E.P. Engineering (Wells Doak Engineers, Inc.)......._.__........... ..............$ 811750.00 COMcheck Compliance Construction Administration with Basic Services (10 meetings) Total Basic Services Fees, $ 47,000.00 Additional Services Civil Engineer(AIM Engineering, LLC)i.......................................................$ 17000.00 Construction Administration with Basic Services (2 meetings) Landscape and Irrigation ...................I....................................­ ......$ 0.00 Construction Cost Estimating ......._............. ------------------------------------------------$ 0.00 Total Additional Servl'c,es Fees $ 110,00.00, Reimbursable Expenses : spection Fees 200:.010 TAB" Registration and In $ l I Anticipated Reimbursable Expenses Not to Exceed) 500.00 Total Rel*mbursable Expenses $ 17700.00 Total Cons,ultan�t,Fees Including Reimb�ursables $ 497700-0101 B. Payments to RPGA shall be made upon presentation of RP A's statement of serv,ices and expenses,. Payments due RPGA and unpaid under this agreement shall bear interest from the date payment is due at a rate of 11% per month, unless greater than the applicable legal rate in which case the applicable legal rate shall be charged and shall require re 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 Olwn,er): 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: $165-00 Project Manager.* $1111 .00 I I Production Personnel: $85.00 Clerical $45-00 The above listed houlrly rates are subject to change with notice., The Owner can negotiate a set fee at the,time, if and when needed. D., Reimbursable fees will be billed to the Owner at one and one tenth C1.1 the expense incurred by RPG,A. Reimbursable expenses,will!, include, but Inot be limited to, the following:, 101 1 S,Jennings Aven ue,Su it #100 Fort Worth,Texas 76104 (8117)332-9477' FAX(817)3312-9487 (888)TRY-RPGA www,rpg,aarchitects.com Fire Station 12—Adaptive Reuse 6 February 4,2014 a) cost of reasonable incidental charges exclusive of markup for delivery charges; cost of reproduction, postage and handling of drawings,, specifications, and other documents, and renderings, models and moick-ups requested by the Owner and as required red 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,an or courier se der for the purpose of bidding the Construction Documents and Specifications will be the responsibility of the Owner No IV. Schedule, A. Based on our understanding of the scope of services we estimate the schedule,to be as follows: Schematic Design 2-3 Weeks Design Development Documents, 2-3 Weeks Construction Documents (95%) 4-5 Weeks Bid Documents, (100%) 1-2, Weeks Anticipated Diesign/Doicumentation Duration 9-1'3 Weeks B. This schedule anticipates a pler,iod of one week for review by the Owner for changes and clarifications at the completion of the Schematic Diesign and the Design Development phase and a one-week review period at 95% of Construction Documents. V. Owner's Respionsibillifties.* The Owner shall provide full information regarding requirements for the Project, and R A shall be entitled to rely, upon the accuracy and completeness thereof- including, but not limited to, site information, platting, zoning,, boundary, su�rveys, topographical surveys, easements, soils information and any special restrictions or variances pertaining to the ,site, including complete utility data and restrictions, as well as, all essential information to be supplied by subcontractors or consultants retained by the Owner or by RPGA at the Owner's request. The following additional work is anticipated to be completed by the Owner at the Owner's expense, It is understood that the cost,for this Owner's scope of work and any other scope of work to be self-performed by the Owner is "not" included in the construction budget identified above. 1 Environmental work required for demolition of existing materials and removal of miscellaneous items located throughout the site. VI. Changes: If a major change is made in the scope, approach or details of the Project at the Owner's request after construction documents are underway or finished, the cost of making changes will be billed at the above hourly rates. This also applies to any changes required' by new zoning or building code requirements instigated after the Projects' inception. VII. Ownership of Documents: Alll plans and drawings will be prepared and submitted by RPGA to the Owner for approval on 24)] x 361" sheets,, with, all�l plotted lettering clearly legibile when the sheets are reproduced and reduced to half size. Physical drawings, CAD,D 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 1 Oil S.Jennings Avenue,Suite#100 Fort Worth,Texas 76104 (817)332-9477 FAX(817)332-9487 (888)TRY-RPGA wwwspiga arc kite cts.com Fire Station 12—Adaptive Reuse 7 February 4,2014 agrees, not to execute, sell or gift these plans and specifications for any other project or extensions of this project except by agreement in writing and with appropriate compensation to RPGA. VIII. Limits of Liability.- rhe Agreement is created to allow production of design and construction documents oin�ly. RP,GA, 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,1 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 RP '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's own any products developed, to date, for which RPIGA has been compensated. X. Publishing Credit- In the event that the design, bu�ilit product, or Iii-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 newspia,pers). It is to be impllici�tly understood that we, RPGA, will act in your best interests, and, at all times, carry out I I duties with reasonable diligence and exped�i�enice. We, look forward to discussing this proposal with you at your earliest convenience. Thank you again for this opportunity. ncerely', �*i e r Q. L upi6 Dalton Murayama RP G A Design Group, Inc. Architectural Services Manager City of Fort Worth February 4,1 2014 Date Date 101 S.Jennings Avenue,Suite!#100 Fort Worth,Texas 76104 (817)332-9477 FAX(81 7)332-9487 (888)TRY-RPGA www,rpgaarc["iitects,corn