HomeMy WebLinkAboutContract 29006 G SECRETARY Q
r _ ` CONTRACT NO. l
STATE d rl~ A l
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT §
THIS AGREEMENT is made and entered by and between the City of Fort Worth, Texas, a
municipal corporation situated in Tarrant County, Texas, hereinafter called the "City", acting herein by and
through Marc Ott, its duly authorized Assistant City Manager, and RPGA Design Group, hereinafter called
the "Architect", acting herein by and through Javier Lucio, its duly authorized Vice President, for the
purpose of providing architectural design services for design of Fire Station 38.
WITNESSETH:
That for and in consideration of the mutual covenants and agreements herein contained, City and Architect
do hereby covenant and agree as follows:
SECTION I SERVICES OF THE ARCHITECT
1.1 The City hereby contracts with Architect as an independent contractor, and the Architect hereby
agrees to perform, within the professional standards normally accepted in the State of Texas,
professional services in connection with the following general scope of work:
Programming for a prototype fire station and design and construction phase services for
Fire Station 38, a two-company, three-bay station to be located at the intersection of
Alta Vista Road and Alliance Parkway.
SECTION II PERSONNEL
1. The following personnel will be assigned to this Project:
I.I. City of Fort Worth
1.1.1. Project Manager: Nancy Richardson, R.A.
1.2. Architect
1.2.1. Principal in Charge: Javier Lucio, R.A.
1.2.2. Project Architect: Javier Lucio,R.A.
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 assignments
and review available data.
2. Architect agrees to commit the personnel to each 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 Assignment 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.
5. The Architect shall perform services as outlined in letter dated May 9, 2003, which is attached to and
made a part of this Agreement.
6. Apply for building permits and provide such service as may be necessary for the b ermits to be
issued. The City shall pay any fees for such Building Permits.
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SECTION IV SPECIAL SERVICES OF ARCHITECT � a��.,
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I. If authorized in writing by City, Architect shall furnish or obtain from others Special Services
necessary to complete the assignments. These services are not included as part of the Basic Services
outlined in SECTION I - SERVICES OF THE ARCHITECT and the Architect's Proposal. These
Special Services will be paid for by City as indicated in Section V.
SECTION V COMPENSATION TO ARCHITECT
1. The total compensation for all of the assignments to be performed by Architect as described in
CHARACTER AND EXTENT of ARCHITECT'S SERVICES hereof shall be $152,250.00,
hereinafter referred to as the"total fee",plus up to$2,500.00 in reimbursable expenses.
2. Architect shall be paid the following percentages of the total fee at the following stages of the project:
1.1. Completion of Programming 30%
1.2. Completion of Design Development and cost estimates 50%
1.3. Completion of Construction documents 75%
1.4. Action by City Council to accept bids 80%
1.5. Final acceptance of the Project by the City 100%
1.6. Reimbursement of allowable expenses shall not exceed $2.500 and shall be payable monthly as
allowable expenses are incurred. Allowable expenses include:
1.6.1. Printing Costs
1.6.2. Enhanced CAD drawings for public and City meetings.
1.6.3. Long distance phone calls
1.6.4. Postage and courier expenses
1.6.5. Other costs with prior approval of the City.
SECTION VI RESPONSIBILITY FOR CONSTRUCTION COSTS
1. The Construction Budget for this Project is$1,500,000. If the Construction Budget is exceeded by the
lowest bona fide bid, the City may (1) award the contract, (2 abandon the project and terminate this
agreement, or(3) cooperate in the reduction of the Project Scope and features as required to stay within
the Construction Budget in order to rebid the Project. If the City decides to reduce the scope of the
project and rebid, the Architect shall,without additional fee, modify the Drawings and 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 80%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 Assignment until completion. If City fails to make any payment required herein for
services and reimbursables within sixty days after approval of Architect's statement thereof, Architect
may, after giving seven days written notice to City, suspend services under this Agreement until
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Architect has been paid in full all amounts due for services actually performed and reimbursibles
incurred.
SECTION VIII PROCEDURES FOR PROVIDING DESIGN SERVICES
1. Programming Phase:
1.1. The Architect shall visit the site and make himself familiar with the scope of the assignment
1.2. Develop a Program Design Manual containing design information for use by future architects in
designing Fort Worth fire stations,
1.3. Program will provide floor plan layouts for incorporation of ancillary community facilities using
common areas.
1.4. Prepare alternative floor and site plans, architectural concepts and principal equipment and finish
plans and area-based cost estimates.
1.5. Architect shall not proceed to the Design Phase until the City has approved in writing the Program
Design Manual.
2. Design Phase:
2.1. The Architect shall perform all services necessary to survey, plat, prepare and vacate easements
and any other property issues necessary to complete the design and secure a construction permit.
2.2. The design shall include all site work, design and coordination of utilities, landscaping and
facility design required for a complete and functional project.
2.3. The Architect shall prepare presentation graphics using plans necessary for the design and attend
two public meetings during the design of the project,
2.4. Architect shall prepare the design in stages as follows:
2.4.1. Design Development Phase: Preparation of architectural and MEP floor plans, principal
elevations, civil and utility site plans, 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.
2.4.2. Construction Document Phase: Preparation of details, mechanical, electrical, and plumbing
plans, finish schedules,detailed technical specifications, and detailed cost estimates.
2.5. Format of Drawings
2.5.1. Drawings at all stages of design will have the following characteristics: Scale for floor plans
will be 1/8" or such other scale as may be agreed to in writing for all disciplines,elevations
will be at same scale as floor plans, area plans will have same scale for all disciplines, and
site plans for all disciplines will be at same scale.
2.5.2. Drawings shall plot to 2204 sheet to facilitate half-size 11x17 prints. Fonts shall be legible
at half-size.
2.6. Architect, at its sole cost and expense, shall engage a consultant to prepare "Elimination of
Architectural Barriers Registration" and submit the applications to the Texas Department of
Licensing and Regulation. The City will pay all fees required for TDLR reviews and inspections.
All designs shall be in conformance with the Elimination of Barriers Act, State of Texas, City of
Fort Worth Building Codes and the Americans with Disabilities Accessibility Guidelines for
Buildings and Facilities.
2.6.1. The Architect shall reimburse the City of Fort Worth for all costs and fees incurred in
modifying a facility in the event it is constructed in accordance with the Architect's designs
and is subsequently determined to be in non-conformance with the above Act, Codes or
Guidelines.
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2.6.2. The City will bear the construction costs associated with enhancements. The Architect will
reimburse the City for costs to replace or rework features that were constructed in
accordance with the design but fail to meet accessibility requirements or building codes.
2.7. The Architect shall include procedures for mitigating environmental impact, use of recycled
building materials, sustainable construction, and a building-commissioning program in the design
of the project.
2.8. The Architect shall submit estimates of probable construction cost for each stage of design to the
City in five copies.
2.9. The City shall acknowledge the probable construction costs and scope in writing at each stage of
design.
2.10.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.
2.11.The Architect shall provide electronic files in PDF or DWF format for posting to the Internet.
3. Bidding:
3.1. The Architect shall respond to Contractors inquiries, prepare necessary addenda, and conduct the
Prebid Conference.
3.2. Coordinate printing of documents for bidding.
3.3Following bidding, the Architect shall investigate the qualifications of up to three bidders and make
recommendations concerning the capability of the bidder to satisfactorily perform the contract.
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.
4.2. Architect shall attend periodic job site meetings,prepare meeting notes and distribute them to all
participants and key project personnel.
4.3. At the completion of construction, the Architect shall conduct and document the final inspection
and assist the City on the resolution of construction or design deficiencies.
4.4. Architect will review contractor's pay requests.
4.5. Architect will conduct final acceptance and end of warranty inspections.
4.6. The Architect shall review Contractor's marked up field drawings and prepare"Record Drawings"
on bond and DWF/PDF files for the City's archives.
4.7. Architect will provide CAD files of all drawings suitable to use on AutoCAD LT or DWG files.
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. The Architect, at no cost to the City, agrees to release the plans and specifications for use by another
architect for the design of fire stations for the City of Fort Worth. The Architect shall be indemnified
from any claims arising out of such reuse.
6.1. The architect agrees to prepare subsequent designs for the City of Fort Worth at the following
reduction in fees:
6.1.1. Same internal configuration as FS 38 Reduce 40%
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6.1.2.Reduce to One Company, two bay Reduce 30%
SECTION IX CITY RESPONSIBILITIES
1. Provide criteria and information as to City's requirements and designate a person with authority to act
on City's behalf on all matters concerning the Assignment.
2. Assist Architect in obtaining existing studies, reports and other available data and services of others
pertinent to the Assignment 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
Assignment for the purposes of transmitting instructions, receiving information, interpreting and
defining City's policies and decisions with respect to Architect's services.
5. Review all reports, recommendations and other documents and provide written decisions pertaining
thereto within a reasonable time.
6. Upon reasonable notice provide labor and safety equipment to expose structural elements, to make
temporary repairs, and to operate mechanical and electrical systems as required by the Architect in the
development of the design.
7. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by Architect, obtain advice of an attorney, insurance counselor and other architects as it
deems appropriate for such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of Architect.
8. Provide"Front End", including Division 1 requirements, 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.
10. Provide such legal, accounting, insurance and other counseling services to City as may be required for
the Assignment.
11. Manage the advertisement and bidding of the project, issue addenda, distribute bid documents, award
contract, and execute the contracts.
12. Administer the construction of the Project.
13. Provide inspection and management services.
14. Provide contractors marked up 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.
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2. If the City terminates this Agreement under the foregoing paragraph, the City shall pay the Architect
for services performed in accordance herewith prior to such termination, less such payments having
been previously made. Such payment shall be based upon the work completed up to the date of
termination of the Agreement in accordance with the method of compensation prescribed in Sections V
and VI hereof. Architect shall also be compensated for all termination-related expenses such as
meeting attendance, document reproduction, transfer of records, etc. Provided, however, Architect
shall not be entitled to any compensation that exceeds the total fee to be paid hereunder at the
applicable phase as stated in Article V, Paragraph 2.
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 Subconsultants, for the
accuracy and competency of the services performed under this Agreement, including but not limited to
surveys, location of subsurface investigations, designs, working drawings and specifications and other
Engineering documents.
2. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City
for any negligent act, error or omission in the conduct or preparation of the subsurface investigations,
surveys, designs, working drawings and specifications and other Engineering documents by the
Architect, its officers, agents, employees and Subconsultants, it being the intent of the parties that
approval by the City signifies the City's approval of only the general design concept of the
improvements to be constructed.
3. In this connection the Architect shall indemnify and hold the City and all its officers, agents, 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 employees
of the Architect or Subcontractor, and all other persons performing any part of the work and
improvements, which may arise out of any negligent act, error or omission in the performance of the
Architect's professional services or in the preparation of designs, working drawings, specifications and
other documents. In no event shall the Architect be liable for consequential damages.
4. The Architect shall defend at its own expense any suits or other proceedings brought against the City,
its officers, agents, servants and employees, or any of them on account thereof, and shall pay all
expenses and satisfy all judgments which may be incurred by or rendered against them arising out or
the indemnification; provided and except, however, that this indemnification provision shall not be
construed as requiring the Architect to indemnify or hold the City or any of its officers, agents,servants
or employees harmless from any loss, damages, liability or expense, on account of damage to property
or injuries to person caused by defects or deficiencies in design criteria and information provided to
Architect by City, or any deviation in construction from Architect's designs, working drawings,
specifications or other documents.
5. Without limiting the above indemnity, Architect shall maintain a policy of comprehensive general
liability insurance coverage with carriers acceptable to City in at least the following amounts:
Commercial General Liability $1,000,000 Per Occurrence
Employers Liability Insurance
Bodily Injury $500,000 Each Accident
$500,000 Policy Limit
$500,000 Bodily Injury by Disease,each employee
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Workers Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability
$100,000 each accident
$500,000 disease-policy limit
$100,000 disease- each employee
Business Automobile
Combination Single limits $500,000 each accident
Personal Injury $2,500 each person
Uninsured $500,000 each accident
Professional Liability Insurance
(Errors and Omissions) $1,000,000 Per claim
$1,000,000 Project aggregate
6. Architect shall furnish City a Certificate of Insurance in at least the above amounts. Certificate shall
contain a provision that such insurance cannot be canceled without 30 days prior written notice to City.
The City reserves the right to revise insurance requirements specified in this agreement to the best
interests of the City.
T General Insurance Requirements
7.1. Commercial General Liability coverage shall be endorsed to name the City an Additional Insured
thereon. The term "City" shall include its employees, officers, officials, agents, and volunteers as
respects the contracted services.
7.2. Certificate(s) of insurance shall document that insurance coverage specified are provided under
applicable policies documented thereon.
7.3. Any failure on part of the City to request required insurance documentation shall not constitute a
waiver of the insurance requirements.
7.4. A minimum of thirty days notice of cancellation, 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 Facilities Manager,
Transportation and Public Works Department, 1000 Throckmorton,Fort Worth,TX 76102.
7.5. The City shall not be responsible for the direct payment of any insurance premiums required by this
agreement. It is understood that insurance cost is an allowable component of the Architects general
overhead.
7.6. The City reserves the right to revise insurance requirements specified in this agreement according to
the best interests of the City.
7.7. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise
approved by the City; and, such insurers shall be acceptable to the City in terms of their financial
strength and solvency.
7.8. Deductible limits, or self-insured retentions,affecting insurance required herein may be acceptable to
the City at its sole discretion; and, in lieu of traditional insurance, any alternative coverage
maintained through insurance pools or risk retention groups must be also approved. Dedicated
financial resources or letters of credit may also be acceptable to the City.
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7.9. The City shall be entitled, upon its request and without incurring expense, to review the Architect's
insurance policies including endorsements thereto and, at the City's discretion, the Architect may be
required to provide proof of insurance premium payments.
7.10.All insurance, except for the Professional Liability insurance policy, shall be written on an
occurrence basis.
7.11.The Professional Liability Policy shall be written on a"claims made" and shall be in effect for the
duration of this agreement and for 12 months following Architect's issuance of the Certificate of
Substantial Completion. For the ten years following the issuance of the Certificate of Substantial
Completion the Architect shall instruct his insurer to list the City as a certificate holder for
Professional Liability coverage. The City shall be notified at least 30 days prior to cancellation of
coverage or change of insurer.
8. The City shall require the General Contractor to include the Architect as a Certificate Holder the general
contractor's general liability insurance.
ARTICLE XII INDEMNITY PERTAINING TO 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 agrees in so far
as permitted by law, to indemnify Architect from any and all losses, damages, claims, or actions
brought by third party or employees of City against Architect or Architect's employees, agents, officers,
or directors, in any way arising out of the presence of hazardous materials or conditions at City's
facilities, except for claims shown by final judgment to arise out of the sole negligence of Architect.
The City shall defend at its own expense any suits of other proceedings brought against the Architect
and its officers, agents, servants, and employees or any of them on account thereof. Nothing herein
shall be construed so as to require the City to levy or assess any tax.
2. In connection with hazardous waste, including petroleum products, City agrees to the maximum extent
permitted by law to defend, hold harmless and indemnify Architect from and against any and all claims
and liabilities resulting from City's violation of any federal, state or local statute, regulation or
ordinance relating to the disposal of hazardous substances or constituents. Nothing herein shall be
construed so as to require the City to levy or assess any tax.
3. The requirements contained in this Section shall not apply if the Architect introduces the hazardous
materials or conditions.
SECTION XIII RIGHT TO AUDIT
1. Architect agrees that the City shall,until the expiration of three (3) years after final payment under this
Agreement, have access to and the right to examine any directly pertinent books, documents, papers
and records of the Architect involving transactions relating to this Agreement. Architect agrees that the
City shall have access during normal working hours to all necessary Architect facilities and shall be
provided adequate and appropriate workspace in order to conduct audits in compliance with the
provisions of this section. The City shall give Architect reasonable advance notice of intended audits.
2. Architect further agrees to include in all its subcontracts hereunder a provision to the effect that the
subconsultant agrees that the City shall,until the expiration of three(3) years after final payment under
the subcontract, have access to and the right to examine any directly pertinent books, documents,
papers and records of such subconsultant, involving transactions to the subcontract, and further, that
City shall have access during normal working hours to all subconsultant facilities,and shall be provided
adequate and appropriate work space, in order to conduct audits in compliance with the provisions of
this article. City shall give subconsultant reasonable advance notice of intended audits.
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3. Architect and Subconsultants agree to photocopy such project-related documents as may be requested
by the City. The City agrees to reimburse Architect and Subconsultant for the costs of copies at the
rate published in the Texas Administrative Code.
SECTION XIV SUCCESSORS AND ASSIGNS
1. The City and the Architect each bind themselves, their successors and assigns, to the other party to this
Agreement and to the successors and assigns of each other party in respect to all covenants of this
Agreement.
SECTION XV ASSIGNMENT
1. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of
the other party, and any attempted assignment, sublease or transfer of all or any part hereof without
such prior written consent shall be void.
SECTION XVI INDEPENDENT ARCHITECT
1. Architect shall perform all work and services hereunder as an independent Architect, and not as an
officer, agent, servant or employee of the City. Architect shall have exclusive control of, and the
exclusive right to control the details of the work performed hereunder, and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and
Subconsultants. Nothing herein shall be construed as creating a partnership or joint venture between
the City and the Architect, its officers, agents, employees and Subconsultants, and doctrine of
respondent superior has no application as between the City and the Architect.
SECTION XVII M/WBE GOALS
1. In accordance with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of
minority and woman business enterprises in City contracts. Architect acknowledges the M/WBE goal
of 31% established for this contract and its commitment to meet that goal. Any misrepresentation of
facts (other than a negligent misrepresentation)and/or the commission of fraud by Architect may result
in termination of this agreement and debarment from participating in City contracts for a period of time
not less than three years.
SECTION XVIII OBSERVE AND COMPLY
1. Architect shall at all times observe and comply with all applicable Federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this agreement and the
work hereunder, and shall observe and comply with all orders, laws, ordinances and regulations which
may exist or may be enacted later by governing bodies having jurisdiction or authority for such
enactment. No plea of misunderstanding or ignorance thereof shall be considered. Architect agrees to
defend, indemnify and hold harmless City and all its officers, agents and employees from and against
all claims or liability arising out of the violation of any such order, law, ordinance, or regulation,
whether it be by itself or its employees.
SECTION XIX MISCELLANEOUS
1. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the
United States District Court for the Northern District of Texas—Fort Worth Division. This Agreement
shall be construed in accordance with the laws of the State of Texas.
2. The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised
this Agreement and that the normal rule of construction to the effect that any ambiguities are to be
resolved against the drafting party must not be employed in the interpretation of this Agreement or any
amendments or exhibits hereto.
3, This Agreement shall inure only to the benefit of the parties hereto and third persons not priory 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.
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IN TESTIMONY THEREOF, the City of Fort Worth has caused this instrument to be signed in triplicate in
its name and on its behalf, by its City Manager and attested by its City Secretary, with the Corporate Seal
affixed; and the Architect has also properly executed this instrument in triplicate copies, each of which is
deemed an original.
EXECUTED IN T4"TY OFF 'T WORTH,TEXAS,THIS o :�h day of ,A.D., O
By: l ' APPROVED:
'—Prinal's N e
UGA Design Group
Office(President or Vice-President) By:,
Assistant Manager
APPROVAL RECOMMENDED: _ RECORDED.
By: By:
Transportation and Public Works C' Secretary
APPROVED AS TO FORM AND LEGALITY: /
By: Date:
Assistant Attorney
The Texas Board of Architectural Examiners,8213 Shoal Creek Boulevard,Suite 107,Austin,Texas,78758,telephone(512)305-
9000,has jurisdiction over individuals licensed under the Architects'Registration Law,Texas Civil Statutes,Article 249a.
0- I96(,4-.
Contract Authorization
� D3
Date
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City of Fort Worth, Texas
41jeo.qor And Council Commu"iceitio"
DATE REFERENCE NUMBER LOG NAME PAGE
7/15/03 **C-19661 36RPGA 1 of 2
SUBJECT AWARD OF ARCHITECTURAL DESIGN CONTRACT TO RPGA DESIGN GROUP,
INC. FOR THE DESIGN OF FIRE STATION NO. 38 AND DEVELOPMENT OF A
PROTOTYPE DESIGN FORA TWO-COMPANY, THREE-BAY FIRE STATION
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an agreement with
RPGA Design Group, Inc. for a fee of $154,750 for the design of Fire Station No. 38 and the
development of a prototype design for a two-company, three-bay fire station.
DISCUSSION:
Fire Station No. 38, to be constructed at Alta Vista Road and Alliance Gateway Freeway (vicinity map
attached) will serve growing development in the area generally bounded by US Highways 377 and 287,
and the northern city-limit. This area has experienced rapid growth with the addition of the Alliance
Industrial Corridor, Alliance Airport, Texas Motor Speedway, the Air Trade Center at Alliance Airport
and multiple large residential developments.
The City of Fort Worth agreed to construct a fire station east of the Alliance Airport to serve the Alliance
Industrial Corridor. Hillwood Development agreed to provide the land and utilities for the fire station.
Construction of Fire Station No. 38 was approved in the 1998 Capital Improvement Program.
Fire Station 38 will be a two-company, three-bay station with drive-through apparatus bays. The
architect also will provide additional programming and schematic design to establish a prototype design
for future fire stations in the northern service area. The prototype design will allow a variety of other
community functions, such as meeting rooms and administrative areas, to be included in this or future
facilities, thereby economizing on common use areas. The City will be able to use the prototype design
to reduce the design effort on future stations. The amount of reduction will depend on the site selection
and functional changes desired in the future stations.
A request of Statements of Interest was published in the Commercial Recorder and faxed to the
architectural community. Thirteen architects submitted statements. Three architects were interviewed.
RPGA Design Group was the highest ranked architect.
The budget for the Fire Station 38 project is:
Construction of Station $1,500,000
Architectural Design $ 154,750
Staff Management and Direct Costs $ 145,250
Total Project $1,800,000
RPGA Design Group, Inc. is in compliance with the City's M/WBE Ordinance by committing to 31%
M/WBE participation. The City's goal on this project is 25%.
City of Fort Worth, Texas
41jei.qor And Council 4:ommunicntion
DATE REFERENCE NUMBER LOG NAME PAGE
7/15/03 **C-19661 36RPGA 2 of 2
SUBJECT AWARD OF ARCHITECTURAL DESIGN CONTRACT TO RPGA DESIGN GROUP,
INC. FOR THE DESIGN OF FIRE STATION NO. 38 AND DEVELOPMENT OF A
PROTOTYPE DESIGN FOR A TWO-COMPANY, THREE-BAY FIRE STATION
Fire Station No. 38 will be located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Fire Services Fund.
MO:r
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Marc Ott 8476
Originating Department Head:
Robert Goode 7801 (from)
C132 531200 020132011038 $154,750.00
Additional Information Contact:
Robert Goode 7801
■
■ R s P � G � P. AC.
April 21, 2003
(Revised May 9, 2003)
Mr. Michael J. Mathews, P.E.
Chief, Facilities Management
Transportation and Public Works Department
319 W. 10th Street
Fort Worth, Texas 76102
RE: Fire Station #38
Prototype Fire Station Design
Fort Worth, Texas
RPGA#030421-M1
Dear Mr. Mathews:
It is with great enthusiasm that RPGA Design Group, Inc. presents the following Services and Fee
Proposal for Fire Station#38/Prototype Fire Station Design for the City of Fort Worth (Owner). This
proposal reflects our anticipated Professional Services for the design of the new Fire Station #38, on
Highway 170 near Alliance Airport and the development of a Prototype Fire Station Design Program.
We submit the following:
I. Proiect Description
A. General Description: Fire Station#38 will be a new Two Company Fire Station of
approximately 9,130 square feet, located on approximately 3.0 acres. The new fire station
design will consider design and programming requirements provided by the Owner and
further collaborative development by the Owner and RPGA Design Group. Additionally, the
recently completed Fire Station#39 will be used as a starting point for aesthetic
characteristics of the new fire station design.
B. Programmatic space requirements:
LivinLy Area Square Feet (Approximate)
Public Entry Vestibule (front) 100
Vestibule (back) 40
Unisex Public Restroom 75
Kitchen 300
Dining Room 300
Living Room 600
Computer Entry Data/Training area 150
Watch station with Murphy bed (with view to App. Bay) 225
Officer's Quarters (2 officers) 650
Individual Sleeping Rooms (5 firefighters) 850
101 S.Jennings Avenue,Suite#100 Fort Worth,Texas 76104 (817)332-9477 (972)445-6425 FAX (817)332-9487
jlucio@rpgaarchitects.com (888)TRY-RPGA www.rpgaarchitects.com
City of Fort Worth 2 Fire Station#38
Fort Worth Fire Department Prototype Fire Station Design
Men's Restroom 250
Women's Restroom 200
Physical Training Room 350
EMT storage room 100
Mechanical Room 200
Data/Telephone Room 90
Exterior Storage (not included) -
Circulation 750
Total Living Area 5,230
Apparatus Bay
3-Bay apparatus area 3,500
Bunker gear lockers -
Emergency Shower Area -
Decontamination Sink with Sprayer Area -
Laundry room 300
Janitor's room with mop sink 100
Total Apparatus Bay Area 3,900
Fire Station Square Footage(Approximate) 9,130
C. Site Requirements: The site design will provide for a drive through fire station with
separate employee and visitor parking and the possibility of adding a"Stand Alone Entity"
that will be integrated into the new fire station design. The visitor parking will accommodate
accessible parking and accessible access to the facility. The fire station will be sited to
efficiently accommodate all necessary entities. In addition, the fire station will be oriented to
take advantage of passive solar opportunities. Landscaping will be provided to meet the City
of Fort Worth's landscape requirements and the development covenants of Alliance Gateway
(Phase Ell). Additional landscaping will also be provided as appropriate for this location and
as required to assist in passive solar design. Security and or privacy fencing will also be
provided.
D. Exterior Design Features: The design of the new fire station will feature a brick veneer
design around the Crew Quarters and finished concrete block (split face block) around the
apparatus bays. The building will be sited to take advantage of passive solar opportunities.
In addition, landscaping, the placement of openings and the color of exterior materials will be
designed and selected with passive solar considerations. The selection of exterior materials
for this fire station will be similar to Fire Station #39.
E. Interior Design Features: Interior spaces will maximize the use of natural lighting and
minimize the use of interior partitions to create a fire station that minimizes the use of
artificial lighting and facilitates the interactions of the fire fighters. The new fire station will
also be designed to meet the American's with Disabilities Act (ADA) and the Texas
Accessibility Standards (TAS). Variance applications will be submitted to the Texas
Department of Licensing and Regulation (TDLR) for the design of an adaptable kitchen in
lieu of an accessible kitchen as required by TAS. Also, if required, a variance application
will be submitted to TDLR for the design of adaptable restrooms/showers (this requirement
101 S.Jennings Avenue, Suite#100 Fort Worth,Texas 76104 (817)332-9477 (972)445-6425 FAX(817)332-9487
(888)TRY-RPGA www.rpgaarchitects.com
City of Fort Worth 3 Fire Station#38
Fort Worth Fire Department Prototype Fire Station Design
will be determined as the prototype design is developed). The cost for filing TAS Review,
Inspection and Variance reports will be submitted as reimbursable expenses.
RPGA will work with the Owner to develop and document space requirements and space
adjacencies required for the prototype fire station requirements that will be implemented in
Fire Station #38.
F. Special Mechanical/Plumbing Systems Considerations: A geothermal heating and cooling
system will be implemented in Fire station#38. A diesel exhaust system will be provided in
the apparatus bay. In addition, the fire station will include a fire protection system
throughout the living quarters and the apparatus bay.
G. Construction Budget: It is RPGA Design Group's understanding, that the new fire station
has a construction budget of$1,500,000.00 inclusive of a 5% construction contingency. At
9,130 square feet that is equal to a cost of$164.29 per square foot, inclusive of site
improvements.
It is understood that the Owner will work with RPGA to modify the project requirements "If'
it becomes necessary to meet the project budget. RPGA will provide Anticipated
Construction Costs at the completion of each phase of the design, at which time program
requirements will be evaluated, for budget compliance.
II. 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 a"broad brush" concept 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. In addition, RPGA will provide a preliminary estimate of Construction
Cost.
C. Design Development: Based on the approved Schematic Design Package and any further
adjustments authorized by the Owner, RPGA will develop, for approval by the Owner,
Design Development Documents consisting of drawings and other documents to fix and
describe the size and character of the Project as to architectural, landscape architectural, civil,
structural, mechanical and electrical systems, materials and such other elements as may be
appropriate. These drawings will incorporate all floor plans, elevations, site plan, and all
necessary drawings and details from which RPGA will update the preliminary estimate of
Construction Cost.
101 S.Jennings Avenue, Suite#100 Fort Worth,Texas 76104 (817)332-9477 (972)445-6425 FAX(817)332-9487
(888)TRY-RPGA www.rpgaarchitects.com
City of Fort Worth 4 Fire Station#38
Fort Worth Fire Department Prototype Fire Station Design
D. Prototype Fire Station Program Manual: As decisions are made on the requirements of
the new fire station, RPGA will create a Program Design Manual for the Owner. A format
similar to the example for "Fire Station No. 6 in Irving, Texas"will be provided. Thus
manual will contain all pertinent design information determined by the Owner to be
necessary for future architectural and engineering consultants. Square footage requirements
and adjacency requirements will be conceptually documented indicating all required spaces,
accessories and equipment necessary for inclusion in all future City of Fort Worth Fire
Station projects.
F. 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, for approval by the Owner, Construction
Documents consisting of Drawings and Specifications setting forth in detail the requirements
for the construction of the Project. RPGA will sign, stamp or impress the construction
documents for use in the State of Texas.
In addition, RPGA will also use these documents to establish a Statement of Probable
Construction Cost. In providing a Statement of Probable Cost, the Owner understands that
RPGA has no control over costs or the price of labor, equipment or materials, or over the
Contractor's method of pricing, and that the Statement of Probable Cost provided herein are
to be made on the basis of RPGA's qualifications and experience. RPGA makes no warranty,
expressed or implied, as to the accuracy of such estimate as compared to bid or actual costs.
RPGA will also provide the Owner with a colored rendering of the proposed Fire Station
during the Construction Document Phase.
F. Bidding and Negotiating: RPGA, following the Owner's approval of the Construction
Documents and the latest revised estimate of Construction Cost, shall assist the Owner in
obtaining bids or negotiated proposals and assist in awarding and preparing contracts for
construction. RPGA will document all pre-bid conferences and meetings.
G. 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 proceeding in accordance with the
contract documents. However, RPGA shall not be required to make exhaustive or
continuous on-site observations,RPGA shall endeavor to guard the Owner against
defects and deficiencies in the construction and shall attend weekly and necessary
construction meetings.
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.
101 S.Jennings Avenue,Suite#100 Fort Worth,Texas 76104 (817)332-9477 (972)445-6425 FAX(817)332-9487
(888)TRY-RPGA www.rpgaarchitects.com
City of Fort Worth 5 Fire Station#38
Fort Worth Fire Department Prototype Fire Station Design
4) If requested by the owner, RPGA shall determine the amounts owing to the contractor,
based on observations at the site and on evaluations of the contractor's application for
payment in such amounts, as provided in the construction cost estimates.
5) RPGA shall advise the Owner to reject work that does not conform to the contract
documents.
6) RPGA shall review and take appropriate action on submittals such as shop drawings,
product data and samples, but only for conformance with the design concept of the
work and with the information given in the contract documents. All structural, civil,
and m.e.p. Shop drawings will be reviewed by the respective consultant and
documented by RPGA.
7) RPGA shall conduct inspections to determine the dates of substantial completion, and
shall review the project for final certificate of payment.
8) RPGA shall prepare "Record Drawings" for the project based on the Contractor's
marked-up field drawings, inspection notes and RPGA's observations.
9) Conduct warranty inspection within one (1) year of Substantial Completion.
10) The extent of the duties, responsibilities and limitations of authority of RPGA, as the
Owner's representative during the construction shall not be modified or extended
without written consent of both the Owner and RPGA.
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 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.
The following proposed fees include the services of Civil, Landscape, Irrigation, Structural
and M.E.P. Consultants. RPGA has calculated our proposed fees based on a time card basis
with a not to exceed maximum as delineated below.
Architectural $ 89,500.00
TAS Project Registration
TAS Variance Applications
As-built Record Drawings
COMcheck Compliance Report
Prototype Program Manual
1 year Warranty Inspection
Civil Engineer— Standard Services 15,000.00
Civil Engineer—Additional Services 6,250.00
Platting of Property
Topographic Survey
Landscape/Irrigation 8,500.00
Structural 18,000.00
101 S.Jennings Avenue, Suite#100 Fort Worth,Texas 76104 (817)332-9477 (972)445-6425 FAX(817)332-9487
(888)TRY-RPGA www.rpgaarchitects.com
City of Fort Worth 6 Fire Station#38
Fort Worth Fire Department Prototype Fire Station Design
M.E.P. 15,000.00
Fire Protection System
Ground Source Heat Pump System
COMcheck Compliance Report
TOTAL $ 152,250.00
Anticipated Reimbursable Expense (Additional) $2,500.00
B. Payments to RPGA shall be made upon presentation of RPGA's statement of services and
expenses. Payments due RPGA and unpaid under this agreement shall bear interest from the
date payment is due at a rate of 1-1/2% per month, unless greater than the applicable legal
rate in which case the applicable legal rate shall be charged and shall require RPGA to stop
progress on the Project until payments become timely.
C. Hourly Rates for Unscheduled or Requested Services (these additional 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: $100.00
Projects Architects: $75.00
Associate Architects: $55.00
Clerical $35.00
The above listed hourly rates are subject to change with notice. The Owner can negotiate a
set fee at the time, if and when needed.
D. Reimbursable fees will be billed to the Owner at cost expended by RPGA will include,but
not be limited to, the following (RPGA anticipates reimbursable expense of approximated
$2,500.00):
a) Actual cost of reasonable incidental charges exclusive of markup for delivery charges;
actual 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
Fire Station#38 and the Prototype Fire Station.
b) All necessary costs of printing or courier services for the purpose of bidding the
Construction Documents and Specifications will be the responsibility of the Owner.
E. MWBE Utilization —The fees identified above include the utilization of the following
MWBE firms:
Charles Gojer and Associates - Civil Engineering
$21,250.00
101 S.Jennings Avenue,Suite#100 Fort Worth,Texas 76104 (817)332-9477 (972)445-6425 FAX(817)332-9487
(888)TRY-RPGA www.rpgaarchitects.com
City of Fort Worth 7 Fire Station#38
Fort Worth Fire Department Prototype Fire Station Design
AccuTech Consultants/formerly R. L. Woods and Associates - Structural Engineering
$18,000.00
LTS Design Group - Landscape/Irrigation
$8,500.00
The total fees listed for MWBE firms are $47,750.00. Based on a total consulting fee of
$152,250.00, the consultants identified above provide over 30% MWBE participation.
IV. Schedule:
A. Based on our understanding of the scope of services we estimate the schedule to be as
follows:
Schematic Design 5-6 Weeks
Design Development Documents 5-6 Weeks
Construction Documents (95%) 8-10 Weeks
Bid Documents (100%) 1-2 Weeks
Anticipate Design/Documentation Duration 19-24 Weeks
B. This schedule anticipates an additional period of one week for review by the Owner for
changes and clarifications at the completion of the Schematic Design and the Design
Development phase and a one-week review period at 95% of Construction Documents.
V. Owner's Responsibilities:
The Owner shall provide full information regarding requirements for the Project, and RPGA shall
be entitled to rely upon the accuracy and completeness thereof; including, but not limited to, site
information, zoning, boundary surveys, easements, soils information and any special restrictions or
variances pertaining to the site, including complete utility data and restrictions, as well as, all
essential information to be supplied by subcontractors or consultants retained by the Owner.
As requested by the Owner, RPGA will provide platting and a topographical survey for Fire
Station #38.
VI. Changes:
If a major change is made in the scope, approach or details of the Project at the Owner's request
after or construction documents are underway or finished, the cost of making changes will be billed
at the above hourly rates. This also applies to any changes required by new zoning or building
code requirements instigated after the Projects' inception.
VII. Ownership of Documents:
All plans and drawings will be prepared and submitted by RPGA to the Owner for approval on 22
x 34 bond sheets, with all plotted lettering clearly legible when the sheets are reproduced and
reduced to half size.
Drawings and specifications as instruments of service are and shall remain the property of RPGA
whether the project for which they are made is executed or not. A duplicate set of all drawings and
101 S.Jennings Avenue, Suite#100 Fort Worth,Texas 76104 (817)332-9477 (972)445-6425 FAX(817)332-9487
(888)TRY-RPGA www.rpgaarchitects.com
City of Fort Worth 8 Fire Station#38
Fort Worth Fire Department Prototype Fire Station Design
specifications shall become the legal property of the Owner. Reuse, change, or alteration by the
Owner or by others acting through or on behalf of the Owner of any such instruments of service
without the written permission of the Architect will be at the Owner's sole risk. The Owner agrees
not to execute, sell or gift these plans and specifications for any other project or extensions of this
project except by agreement in writing and with appropriate compensation to RPGA.
VIII.Limits of Liability:
The Agreement is created to allow production of design and construction documents only. RPGA,
its officers, employees, agents, or consultants shall not be held liable or responsible for acts, 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
indenuufy RPGA should legal action result from any acts, errors, or omissions of the Owner,
contractor, any of the contractor's subcontractors, agents, employees, or any other persons
performing any of the work.
IX. Termination: In the event either party chooses to terminate this agreement before any phase of
RPGA's work (Design, Construction Documents, or Construction) is complete, the above stated
hourly rate will be used to compute partial compensation then due RPGA. In any case, the amount
of compensation would not exceed the stated fee for the phase of work underway at the time of
termination. If the Project is suspended at any time, for more than three (3)months, the terms of
this agreement shall be subject to revision. If terminated, the Owner will own any products
developed, to date, for which RPGA has been compensated.
X. Publishing Credit: In the event that the design, built product, or bi-product, of the design is
published, the owner agrees to give RPGA Design Group Inc. credit for the Architectural Design in
the published article (publishing credit excludes newspapers).
It is to be implicitly understood that we, RPGA, will act in your best interests and, at all times, carry out
duties with reasonable diligence and expedience.
We look forward to discussing this proposal with you at your earliest convenience. Thank you again for
this opportunity.
1'O_ ly,
J er Q. Lucio,Principal
P G A Design Group, Inc.
/r /��
Date
101 S.Jennings Avenue,Suite#100 Fort Worth,Texas 76104 (817)332-9477 (972)445-6425 FAX(817)332-9487
(888)TRY-RPGA www.rpgaarchitects.com