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HomeMy WebLinkAboutPR 22882: PROFESSIONAL ARCHITECT SERVICE FOR DESIGN OF FIRE STATIONS 3 City of = l rrrt rthur- I' www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: October 27, 2022 To: The Honorable Mayor and City Council Through: Ron Burton, City Manager From: Greg Benson, Fire Chief RE: P.R. 22882—Professional Architect Service for Design of Fire Stations 3 Introduction: The intent of this agenda item is to seek the Port Arthur City Council's approval of Proposed Resolution 22882 to authorize the City Manager to execute an Agreement for Professional Service with Brown Reynolds Watford (BRW) of College Station, Texas for the design, architectural and construction management services during relocation of existing Fire Station 3. Background: A Request for Qualifications (RFQ) for the design, architectural and construction management services in relocation and rebuilding of Fire Stations 2& 3 was advertised on April 22 and May 4, 2022. Nine (9) responses were received and opened on May 18, 2022. All submittals were comprehensively evaluated with a recommendation of BRW as the most qualified architect. Subsequently, Resolution No. 22-355 was approved by the City of Port Arthur City Council to authorize the City Manager to negotiate a professional service agreement with BRW. Negotiations with BRW were completed with a Professional Services Proposal received. (Exhibit A). The BRW proposal contains the project scope, scope of services, project schedule and responsibilities to be met by BRW in the design,architectural and construction management services to be provided in the not to exceed amount of$740,700.00. Budget Impact: Funds were budgeted in FY 2022-2023 Capital Improvement Account Number 307-21-049- 8512-00-10-000, Project No. BUI0013, for this service. Recommendation: The Fire Department recommends approval of this resolution. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R.NO.22882 11/02/2022 GB RESOLUTION NO. PAGE 1 OF 2 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BROWN REYNOLDS WATFORD ARCHITECTS, INC. OF COLLEGE STATION, TEXAS FOR ARCHITECTURAL, DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR THE REPLACEMENT OF FIRE STATION 3, IN THE NOT TO EXCEED AMOUNT OF $740,700.00. FUNDING IS AVAILABLE IN CAPITAL PROJECT ACCOUNT NO. 307-21- 049-8512-00-10-000 PROJECT NO. BUI0013 WHEREAS, pursuant to Resolution No. 22-355, the City Council authorized the City Manager to negotiate a contract with Brown Reynolds Watford Architects, Inc. of College Station, Texas, to perform architectural, design and construction management services for the replacement of Fire Stations 2 and 3 in the City of Port Arthur, Jefferson County, Texas; and, WHEREAS, the City Council of the City of Port Arthur finds it in the best interests of the citizens of Port Arthur to enter into a contract with Brown Reynolds Watford Architects, Inc. for Fire Station 3 in the not to exceed amount of $740,700.00, in substantially the same form as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is authorized to enter into a contract with Brown Reynolds Watford, Inc. of College Station, Texas, on behalf of the City of Port Arthur for architectural and design services for the replacement of Fire Station 3, in the City of Port Arthur, Jefferson County, Texas in the not to exceed amount of$740.700.00, in substantially the same form as Exhibit "A". Section 3. That a copy of the Resolution shall be spread upon the Minutes of the City Council. P.R.NO.22882 11/02/2022 GB PAGE 2 OF 2 READ, ADOPTED, AND APPROVED on this 8th day of November, 2022, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: (y.d . \hlecia "Val' ze , ity tto ey APPROVED FOR ADMINISTRATION: Ronald "Ron" Burton, City Manager Greg Benson, Fire Chief APPROVED FOR AVAILABILITY OF FUNDS: 1 IPC1_i'�.� ►i) Lat, Kandy Daniels, InterinY Director of Finance Clifton Williams, CPPB, Purchasing Manager EXHIBIT "A" STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS § AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF JEFFERSON § This Agreement for Professional Services("Agreement")is made by and between the City of Port Arthur,Texas,a Texas home-rule municipality located in Jefferson County,Texas("City"), and Brown Reynolds Watford Architects, Inc. ("Professional") (individually, each a "Party" and collectively, "Parties"), acting by and through the Parties' authorized representatives. Recitals: WHEREAS, City desires to engage the services of Professional as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, Professional desires to render professional services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties agree as follows: Article I Employment of Professional Professional will perform as an independent contractor for all services under this Agreement to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of Professional's profession, both public and private, currently practicing in the same locality under similar conditions including but not limited to the exercise of reasonable, informed judgments and prompt, timely action. If Professional is representing this it has special expertise in one or more areas to be utilized in the performance of this Agreement,then Professional agrees to perform those special expertise services to the appropriate local, regional and national professional standards. Article II Term 2.1 The term of this Agreement shall begin on the last date of execution hereof by all parties hereto (the "Effective Date") and shall remain in effect for an estimated (18) months or until services are complete, including the time necessary to develop the project deliverables, subject to change upon request or mutual agreement(s). 2.2 Professional may terminate this Agreement by giving thirty(30)days prior written notice to City. In the event of such termination by Professional, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. 2.3 City may terminate this Agreement by giving ten (10) days prior written notice to Professional. In the event of such termination by City, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. Upon receipt of such notice from City, Professional shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Agreement and shall proceed to promptly cancel all existing contracts insofar as they are related to this Agreement. 2.4 Upon notice of termination by Professional or City, Professional shall immediately surrender all project documents produced by Professional and its subcontractors up to and including the date on which termination notice was given. Article III Scope of Services 3.1 Professional shall perform the services specifically set forth in Exhibit A, attached hereto and incorporated herein by reference,entitled"Scope of Services." In case of conflict with the language of ExhibitA and the provisions of this Agreement,the provisions of this Agreement shall control. Any additional services require the prior approval of the City Council of the City. 3.2 The Parties acknowledge and agree that any and all opinions provided by Professional represent the best judgment of Professional. Article IV Schedule of Work 4.1 Professional agrees to commence services upon written direction from City and to complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule established by City(the"Schedule"), which is attached hereto and incorporated as Exhibit A. 4.2 In the event Professional's performance of this Agreement is delayed or interfered with by acts of City or others, Professional may request an extension of time for the performance of same as hereinafter provided, and City shall determine whether to authorize any increase in fee or price, or to authorize damages or additional compensation as a consequence of such delays, within a reasonable time after receipt of Professional's request. 4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed or made by Professional, unless Professional shall have made written request upon City for such extension not later than five(5)business days after the occurrence of the cause serving as the basis for such extension request, and unless City and Professional have agreed in writing upon the allowance of such additional time. Page 2 of 11 City of Port Arthur, Texas Professional Services Agreement Article V Compensation and Method of Payment 5.1 City shall pay Professional for the services specifically as set forth in ExhibitA and in accordance with the Rate Schedule in an amount not to exceed$740,700.00 for said services. 5.2 Each month Professional shall submit to City an invoice supporting the amount for which payment is sought. Each invoice shall also state the percentage of work completed on the Project through the end of the then submitted billing period,the total of the current invoice amount, and a running total balance for the Project to date. 5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make monthly payments in the amount shown by Professional's approved monthly invoice and other documentation submitted. 5.4 Professional shall be solely responsible for the payment of all costs and expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges,reproduction charges, and telephone, internet, e-mail, and postage charges, except as set forth in Exhibit A. 5.5 Nothing contained in this Agreement shall require City to pay for any services that are unsatisfactory as determined by City or which is not performed in compliance with the terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which City may have if Professional is in default, including the right to bring legal action for damages or for specific performance of this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any subsequent default. Article VI Devotion of Time, Personnel,and Equipment 6.1 Professional shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. City reserves the right to revise or expand the scope of services after due approval by City as City may deem necessary, but in such event City shall pay Professional compensation for such services at mutually agreed upon charges or rates, a copy of the Rate Schedule is attached hereto as Exhibit A,and within the time schedule prescribed by City, and without decreasing the effectiveness of the performance of services required under this Agreement. In any event, when Professional is directed to revise or expand the scope of services under this Agreement, Professional shall provide City a written proposal for the entire costs involved in performing such additional services. Prior to Professional undertaking any revised or expanded services as directed by City under this Agreement, City must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. Page 3 of 11 City of Port Arthur, Texas Professional Services Agreement 6.2 It is expressly understood and agreed to by Professional that any compensation not specified in this Agreement may require approval by the City Council of the City of Port Arthur and may be subject to current budget year limitations. 6.3 To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Professional. 6.4 Professional shall furnish the facilities, equipment,telephones,facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. Article VII Relationship of Parties 7.1 It is understood and agreed by and between the Parties that in satisfying the conditions and requirements of this Agreement, Professional is acting as an independent contractor, and City assumes no responsibility or liability to any third party in connection with the services provided by Professional under this Agreement. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent, servant, representative, or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner, means and methods by which Professional's services are to be performed, subject to the terms of this Agreement. As such, City shall not train Professional, require Professional to complete regular oral or written reports, require Professional to devote his full-time services to City, or dictate Professional's sequence of work or location at which Professional performs Professional's work, except as may be set forth in Exhibit A. Article VIII Insurance 8.1 Before commencing work, Professional shall, at its own expense, procure, pay for and maintain during the term of this Agreement the following insurance written by companies approved by the state of Texas and acceptable to City. Professional shall furnish to the City Manager certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: City of Port Arthur, Texas Attention: Ron Burton, City Manager 444 4th Street Port Arthur, Texas 77640-1089 Page 4 of 11 City of Port Arthur, Texas Professional Services Agreement A. Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $500,000 per occurrence, $500,000 Products/Completed Operations Aggregate, and $500,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. B. Workers' Compensation insurance with statutory limits; and Employers' Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each accident, and 2) by disease, $100,000 per employee with a per policy aggregate of $500,000. C. Business Automobile Liability insurance covering owned, hired and non- owned vehicles, with a minimum combined bodily injury and property damage limit of $500,000 per occurrence. D. Professional Liability Insurance to provide coverage against any claim which the Professional and all professionals engaged or employed by the Professional become legally obligated to pay as damages arising out of the performance of professional services caused by error, omission or negligent act with minimum limits of$1,000,000 per claim, $1,000,000 annual aggregate NOTE:If the insurance is written on a claims-made form, coverage shall be continuous(by renewal or extended reporting period) for not less than thirty-six (36) months following completion of this Agreement and acceptance by City. 8.2 With reference to the foregoing required insurance, Professional shall endorse applicable insurance policies as follows: A. A waiver of subrogation in favor of City, its officials, employees, and officers shall be contained in the Workers' Compensation insurance policy. B. The City, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader. C. All insurance policies shall be endorsed to the effect that City will receive at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material change of the policies. 8.3 All insurance shall be purchased from an insurance company that meets a financial rating of B+VI or better as assigned by A.M. Best Company or equivalent. Page 5 of 11 City of Port Arthur, Texas Professional Services Agreement Article IX Right to Inspect Records 9.1 Professional agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Professional involving transactions relating to this Agreement. Professional agrees that City shall have access during normal working hours to all necessary Professional facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Professional reasonable advance notice of intended audits. 9.2 Professional further agrees to include in subcontract(s),if any, a provision that any subcontractor agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further, that City shall have access during normal working hours to all such subcontractor facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section. City shall give any such subcontractor reasonable advance notice of intended audits. Article X Miscellaneous 10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto constitutes the sole and only agreement between the Parties and supersedes any prior or contemporaneous understandings,written agreements or oral agreements between the Parties with respect to the subject matter of this Agreement. 10.2 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 10.3 Assignment. Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by Professional to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants and obligations contained in this Agreement. 10.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. 10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a District Court with appropriate jurisdiction in Jefferson County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 10.6 Amendments. This Agreement may be amended only by the mutual written agreement of the Parties. Page 6 of 11 City of Port Arthur, Texas Professional Services Agreement 10.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision in this Agreement,and this Agreement shall be construed as if such invalid,illegal, or unenforceable provision had never been contained in this Agreement. 10.8 Survival of Covenants and Terms. Any of the representations, warranties, covenants,and obligations of the Parties,as well as any rights and benefits of the Parties,pertaining to a period of time following the termination of this Agreement shall survive termination, including, but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14. 10.9 Recitals. The recitals to this Agreement are incorporated herein. 10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other Party or address as either Party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for City: City of Port Arthur, Texas 444 4th Street Port Arthur, Texas 77640 Attn: Ron Burton, City Manager Copy to: City of Port Arthur, Texas 444 4th Street Port Arthur, Texas 77640 Attn: Val Tizeno, City Attorney If intended for Professional: Brown Reynolds Watford Architects, Inc. 175 Century Square Drive, Suite 350 College Station, TX 77840 Attn: Ray Holliday, AIA, Principal 10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of, the Parties hereto. 10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. Page 7 of 11 City of Port Arthur, Texas Professional Services Agreement 10.13 Professional's Liability. Acceptance of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of Professional,its employees, associates, agents or subcontractors for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any defect in the Project Documents or other documents and work prepared by Professional, its employees, associates, agents or sub-consultants. 10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS,SUITS,COSTS(INCLUDING COURT COSTS,REASONABLE ATTORNEY'S FEES AND COSTS OF INVESTIGATION)AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY PROFESSIONAL'S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE NEGLIGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. PROFESSIONAL'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT 10.15 Conflicts of Interests. Professional represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Professional under this section shall be grounds for termination of this Agreement and shall be grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such misrepresentation. 10.16 Default. If at any time during the term of this Agreement,Professional shall fail to commence the services in accordance with the provisions of this Agreement or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Agreement or fail to use an adequate number or quality of personnel to complete the services or fail to perform any of Professional's obligations under this Agreement, then City shall have the right, if Professional shall not cure any such default after thirty (30) days written notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver Page 8 of 11 City of Port Arthur, Texas Professional Services Agreement of any other right or remedy of City. If after exercising any such remedy due to Professional's nonperformance under this Agreement, the cost to City to complete the services to be performed under this Agreement is in excess of that part of the contract sum which as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such excess costs. 10.17 Confidential Information. Professional hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of Professional's obligations in accordance with this Agreement, which is of a confidential, non- public or proprietary nature. Professional shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for Professional's own use or the use of any third party at any time during or subsequent to this Agreement. As used herein, "Confidential Information"means all oral and written information concerning the City, its affiliates and subsidiaries, and all oral and written information concerning City or its activities, that is of a non-public,proprietary or confidential nature including,without limitation,information pertaining to customer lists, services,methods,processes and operating procedures, together with all analyses,compilations,studies or other documents,whether prepared by Professional or others, which contain or otherwise reflect such information. The term "Confidential Information" shall not include such information that is or becomes generally available to the public other than as a result of disclosure to Professional, or is required to be disclosed by a governmental authority under applicable law. 10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each right or remedy shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the Parties. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 10.19 No Third-Party Beneficiary. For purposes of this Agreement, including the intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1) this Agreement only affects matters between the Parties to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with City or Professional or both;and(2)the terms of this Agreement are not intended to release,either by contract or operation of law, any third person or entity from obligations owing by them to either City or Professional. [The Remainder of this Page Intentionally Left Blank] Page 9 of 11 City of Port Arthur, Texas Professional Services Agreement EXECUTED this day of , 2022. CITY: CITY OF PORT ARTHUR,TEXAS, A Texas home-rule municipality, By: Ron Burton, City Manager ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Val Tizeno, City Attorney EXECUTED this day of , 2022. PROFESSIONAL: Ray Holliday,MA, Principal Brown Reynolds Watford Architects,Inc. By: , Owner/Consultant Page 10 of 11 City of Port Arthur, Texas Professional Services Agreement Exhibit A Scope of Services/ Schedule Page 11ofll City of Port Arthur, Texas Professional Services Agreement BROWN REYNOLDS WATFORD ARCHITECTS : : A 175 CENTURY SQUARE DRIVE SUITE 350 COLLEGE STATION,TEXAS 77840 979.694.1791 W W W.BR WARCH.COM Scptcmbcr 7,2022 REVISED October 11, 2022 Professional Services Proposal City of Port Arthur,Texas Fire Station 3 Project Number:TBD ATTN: Ronald Burton BRW Architects is pleased to submit this proposal for architectural services to design Fire Stations No. 3 for the City of Port Arthur. The project scope,scope of services, project schedule,and compensation are described below: 1. INITIAL INFORMATION Scope-The following professional architectural services described in this proposal are for the design and construction of two new single-story Fire Stations. Fire Station No. 3 is a replacement Station to be located in an existing neighborhood on a portion of city owned property at the intersection of Ray Avenue and 61 st Street. The new proposed site is approximately 2.02 acres. The new site currently has a large parking lot and several mature trees. The new station will replace the antiquated Fire Station No. 3 located on Canal Street. The new Fire Station No. 3 will meet current firefighting operations and standards that will allow for faster turnout times and cleaner and healthier work environments for the safety of firefighters. The new station will include three (3) double deep drive-through apparatus bays with bi-fold doors,a fully functional kitchen with a table for 10 people plus a bar/island with additional, six dorms rooms,restrooms,two captains offices and dorm rooms, a day room that will accommodate 8 firefighters,fitness room to accommodate cross-fit, IT/server room,electrical and mechanical room,watch office, EMS supply room, PPE storage,public lobby with restroom,training/multipurpose room for 20 people,disaster supply storage room,treatment/police room,decontamination restrooms,SCBA room, and designed for Hot/Warm/Cold zones of the building. The new station will be approximately 1 2,800 SF. The construction budget is to be determined. 2. ARCHITECTS RESPONSIBILITIES Services to be provided—Based on our scope of work discussion meeting on August 29, 2022. It was determined the following Architecture and Engineering services would be provided The Architect shall provide the professional services as set forth in this agreement. A. Architectural • Description of the basic services listed below under Scope of Services by Project Phases for the Port Arthur Fire Station 3 Facilities. • Preparation or assistance of Solicitation and Contract Document Procedures • Furniture, Fixture & Equipment(FF&E) Plans/Specs • Building and site review submittal C. Landscape Architecture Professional Services Proposal City of Port Arthur Fire Station 3 Page 2 ■ Landscape design to meet zoning ordinance requirements as applicable and drought-tolerant Native vegetation goals • Decorative Fencing as required around rear of station D. Landscape Irrigation ■ Irrigation system design and documentation plans and specs E. Civil Engineering • Drainage design • Grading and paving design with spot elevation adequate for TAS compliance ■ On-site water,gas, and sewer utilities ■ On-site electrical ■ Geotechnical Survey for foundation and paving design recommendations. • Surveying for meets and bounds,easements,setbacks,topo,existing utilities,existing vegetation. ■ Storm Water Pollutant Prevention Plan(SWPPP to be provided by Contractor) F. Structural Engineering ■ Structural foundation • Structural framing ■ TDI Windstorm Certification G. Mechanical, Plumbing and Electrical Engineering ■ Mechanical systems,including temperature controls systems and written sequence of operations • Fire Protection (sprinkler system) • Electrical power,lighting,and fire alarm systems • Coordination with utility companies for electrical power,telephone,fiber,cable TV,etc. service entrances • Emergency generator • Station radio,antenna,and alerting systems. • Audio/Visual Equipment ■ Building Security Equipment ■ Telecommunications and computer equipment and wiring, including voice data,cable TV,fiber optic Cabling,wire management systems and terminations. (City IT Department will provide fiber optic cable and data drops. Conduit for the data drops to be installed by contractor). 3. EXCLUSIONS FROM BASIC SERVICES A. The services shown below are not anticipated at this time; however,project requirements identified during design may require them to be added. B. Architectural ■ LEED Design/LEED Certification ■ Full-time on-site construction observation ■ Environmental or hazardous materials conditions/issues ■ Preparation or assistance of additional bid packages after the initial bid C. Demolition ■ Demolition of buildings and other structures. D. Civil Engineering • Detention Pond Design,calculations, and review process • Zoning modifications,including street abandonments,easements • Environmental II or hazardous materials conditions/issues ■ Platting ■ Traffic analysis and traffic signals 5 Professional Services Proposal City of Port Arthur Fire Station 3 Page 3 E. Mechanical,Electrical and Plumbing Engineering • Building utility bill estimates • Acoustical Design and Documentation • Energy Efficient/ Life Cycle • Telecommunications and computer equipment and wiring,including voice data,cable TV,fiber optic Cabling,wire management systems and terminations. (City IT Department will provide fiber optic cable and data drops. Conduit for the data drops to be installed by contractor). 4. OWNER RESPONSIBILITIES A. The Owner shall not increase or decrease the overall budget,or the portion the budget allocated for construction or contingencies,without modifying the agreement of the Architect to the corresponding change in the project scope,quality,and/or professional service fees. B. The Owner shall provide written comments within thirty (30) calendar days pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architects' services. The Owner shall not modify a decision once given to the Architect without additional compensation to the Architect. 5. OWNER PROVIDED SERVICES AND SYSTEMS A. The Owner shall furnish services or building systems other than Basic Services or authorize the Architect in writing to furnish them as an Additional Service,when such services are required to complete the project, provided that the City may use another subcontractor to provide the following services. These services may include those listed below as applicable: • Laboratory materials testing/inspections(during construction) 6. SCOPE OF SERVICES BY PROJECT PHASE A. Kick Off Meeting • Review scope of work with project team. Identify contact information as well as chain of command for distributing information. B. Programming • BRW,working with Port Arthur Fire Department and city staff,will review the program of spaces for new Fire Station No. 3. C. Code Research • Research the International Building Code requirements as well as plumbing,electrical,lighting,and mechanical,site,floodplain,TAS by identifying requirements and restrictions related to the new Fire Station No. 3.The facility will include NFPA requirements pertaining to fire station facilities. D. Schematic Design • Schematic Design documents shall include a site plan,building plans, sections,elevations and renderings. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. The Schematic Design phase shall include three (3) working design meetings with the Owner. • Meet with City of Port Arthur Development Services Department for Early Assistance Meeting. Professional Services Proposal City of Port Arthur Fire Station 3 Page 4 • BRW will provide a statement of probable cost at the completion of Schematic Design,which will be a general estimate developed from several cost data bases including our own to determine the cost per square foot. E. Design Development • BRW will develop the Schematic Design to greater detail. The Architect shall provide Design Development Documents based on the approved Schematic Design Documents and probable cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the design establishing the scope, relationships,forms,size and appearance of the project by means of plans,sections and elevations,typical construction details, and outline specifications. The Design Development Documents shall include in general the quality levels for major materials and project systems. • During the design process,the Architect shall work with the Owner and user group to coordinate the scope of the project. At the completion of Design Development,the Architect shall update the probable cost of the Work and the project schedule. The Architect shall advise the Owner of any changes from previous cost projections due to adjustments in the project scope, refinement of the probable cost of the work,or general market conditions. If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget,the Architect shall make appropriate recommendations to the Owner to adjust the project's size,quality or budget,and the Owner shall cooperate with the Architect in making such adjustments. • BRW will provide preliminary Civil,Structural,Mechanical,Electrical,and Plumbing engineering. Design and coordination with the Owner's IT department will be implemented at this phase. During this phase interior elevations will be developed and BRW will review finish materials,lighting,and furniture. BRW will review with the Owner,equipment and furniture that are owner supplied vs. items supplied by the contractor during construction. Door hardware will be outlined and reviewed. BRW will prepare an outline for materials and products used for specifications. • Our civil engineer will evaluate our site conditions along with parking requirements,drainage, landscaping and irrigation. • Meetings and Deliverables. The Design Development phase shall include two(2) working design meetings with the Owner. • BRW will provide a statement of probable cost at the completion of Design Development,which will be a general estimate developed from several cost data bases including our own to determine the cost per square foot and general costs of selected materials and methods. BRW will submit the estimate in PDF/electronic format. F. Construction Documents • The Architect shall provide Construction Documents based on the approved Design Development Documents and updated probable cost of the Work. The Construction Documents shall set forth in detail the requirements for construction of the Project. The Construction Documents shall include Drawings and Specifications that establish in detail the quality levels of materials and project systems required for construction. • The Architect shall update the estimate of the Cost of the Work and project schedule at 30%,60% and 90%completion of Construction Documents. The statement of Probable Cost shall be an estimate to include materials,equipment,component systems and construction types for construction costs. The Statement of Probable Cost will also include project costs consisting of alternates to the bid,owner provided furniture and equipment,an allowance for construction testing,along with the contingency. The contingency includes Owner Generated Changes,Architectural and Engineering Design Contingency,and Unforeseen Construction Conditions. It is recognized that neither the Architect nor the Owner has control over the cost of labor,materials or equipment,over the Contractor's methods of determining bid prices,over competitive bidding,or market conditions. Accordingly,the Architect acknowledges that the bids may vary from the Owner's budget or the Architect's cost estimate. Professional Services Proposal City of Port Arthur Fire Station 3 Page 5 • During the development of the Construction Documents,the Architects shall prepare a Project Manual including (1) bidding and procurement information which describes the time,place and conditions of bidding; bidding or proposal forms; and (2) the Conditions of the contract for Construction (General, Supplementary and other Conditions). • Construction Documents phase deliverables shall include PDF documents at 30%,60%and 90% completion for the Owner's review and comment. Final deliverables at 100%completion shall include and one electronic file of the Contract Documents in PDF format and Specifications in PDF format. • Final design and coordination of the mechanical,electrical,and plumbing will be completed. Mechanical engineering will include sizing of equipment,ducts, diffusers,dampers,and appropriate calculations. Plumbing engineer will include design of wastewater system tied into the existing system,supply water,and gas system. Electrical engineer will provide lighting,speaker system, phone,cable,and data wiring. Civil engineering work will be reviewed and coordinated,and final details will be drawn and specified. • Upon receiving a letter of notice to proceed,BRW will update the building project schedule. • Prepare complete Construction Documents,Specifications,Architect's Cost Estimate and Schedule and submit for Permit. Submit plans to Developmental Services Department for their review. • BRW will be responsible for submitting construction documents to Development Services(DS) for plan review. Engineering Services(ES) will process plan review and permit fees internally to Development Services. BRW will be responsible for addressing any DS code comments and providing ES with a permit ready set of construction documents. ES understands that DS will not release the permit until a contractor of record is identified after bid opening. • Submit plans and coordinate with Texas Department of Licensing and Regulation(TDLR) or Registered Accessibility Specialist(RAS)for accessibility review and city permitting. Obtain EAB Number and Plan Review Report and approval for permit. • Coordination of all architectural drawings will be detailed and finalized. Specifications will be coordinated with drawings and completed. BRW shall assist in the solicitation for inclusion in the specifications. • The Construction Documentation Phase shall consist of five(5) meetings. Construction Documents phase deliverables shall include two full-size sets of documents at 30%completion and 90% completion for the Owner's review and comment. Final deliverables will be coordinated and submitted per standard process with engineering services;submittals at 30/60/90/100. G. Bidding includes the following • BRW will assist the City of Port Arthur by providing electronic(PDF) drawings and specifications. • The Owner intends to utilize Competitive Sealed Proposal delivery method for the project. The term "competitive bidding" and "competitive sealed proposals" as used in this agreement shall mean the same method of construction procurement ultimately selected by the Owner. BRW will provide drawings and specifications to the Owner for posting. • The Architect shall prepare responses to questions from proposers and provide clarifications and interpretations of the Contract Documents in the form of Addenda. • The Architect shall consider requests for substitutions during the pricing period,as permitted by the Contract Documents,and shall prepare Addenda including approved substitutions. • The Architect will participate a pre-proposal conference for prospective bidders. Professional Services Proposal City of Port Arthur Fire Station 3 Page 6 • BRW will assist the city during the bidding phase. H. Construction Administration • Participate in Pre-Construction Meeting. • Attend and chair (or as requested by Project Manager)construction progress meetings based roughly on one(1) meeting per month on site. • The Architect shall not have authority over or responsibility for the means,methods,techniques, sequences or procedures o f construction as selected by the Contractor,or for the safety precautions and programs incident to the work of the Contractor, or for the failure of the Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to the Contractor furnishing and performing the work. • The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as shop drawings,product data,samples,and mock-ups for general conformance with information given and the design concept expressed in the Contract Documents. Review is not conducted for the purpose of determining the accuracy,completeness,or quantities,or for substantiating instructions for installation or performance of equipment or systems. • The Architect shall visit the site to become generally familiar with the progress of the quality of the work completed (assuming work is ongoing). The Architect's representative shall attend pre- arranged progress meetings and prepare field reports described the status of the work and any deviations observed from the Construction Documents. • Through the construction administration activities with monthly progress meetings,submittal approvals, RFI's,change orders,construction schedule approval,and project close-out, BRW will serve as the representative of the Owner during construction to observe the construction effort and the general conformance by the construction contractor with the construction drawings and specifications. • Architect shall perform final closeout procedures as defined in the Contract Documents,including preparation and verification of Punch Lists for the Contractor's use and transfer red-lined drawings into as set of as-builts. • Construction Administration services beyond the following limits shall be an Additional Service: • Evaluation of Contractor's substitution requests after thirty(30) days following the execution of the contract. • Owner requested project scope changes resulting in changes to the Construction Documents. • Evaluation of claims submitted by the Contractor in connection with the work. • One(1) year warranty walk through after completion. • Construction Administration services provided more than sixty (60) days after the date of the Substantial Completion,originally established in the construction contract shall be Additional Services, with the exception of final completion and project closeout, and warranty walk. The monthly lump- sum fee for extended Construction Administration(CA) services shall be the CA portion of the fee divided by the number of months for construction originally established in the construction contract. 7. TRAVEL A. For Fire Station No. 3 we anticipate twenty-four visits to the site by BRW over the duration of the Project. The 24 visits by project team shall be split into 10 visits during design and 14 visits during construction and any additional site visits requested by the Owner shall be reimbursable expenses to BRW.Additional reimbursement excludes additional site visits required to correct design errors or Professional Services Proposal City of Port Arthur Fire Station 3 Page 7 omissions. 8. COMPENSATION A. Payment for Architectural services is not to exceed the following amounts to be invoiced monthly based on the percentage of the hourly not to exceed amount projected. B. Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work,the compensation for each phase of services shall be as stated below. C. Fire Station No. 3 1. COST BREAKDOWN BY DESIGN DISCIPLINE • Architectural $485,300 • Structural $51,600 • MEP $89,100 • Civil $64,400 • Landscape& Irrigation $16,000 • MEP Commissioning $14,200 • Surveying $8,600 • Geotech $6,800 • TDI Certification $4,700 Sub Total Basic Services $740,700 2. COST BREAKDOWN BY PHASES • Schematic Design(20%) $148,140 • Design Development (15%) $111,105 • Construction Documents(40%) $29,628 • Bid Phase (5%) $37,035 • Construction Admin Phase(20%) $148,140 Total $740,700 TOTAL SERVICES for FIRE STATION 3 $740,700 E. COST OF THE WORK • In preparing estimates of the Cost of Work,the Architect shall be permitted to include contingencies for design,bidding and price escalation;to determine what materials,equipment,component systems and types of construction are to be included in the Contract Documents. The Architect's estimate of the Cost of the Work shall be based on current area,volume or similar conceptual estimating techniques. F. BILLING RATES The hourly billing rates for services of the Architect and the Architect's consultants,if any,are set forth below.The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. • Site Principal /Engineer $240.00/hour • Sr. Project Manager/Engineer $185.00/hour • Project Manager/ Engineer $170.00/hour • Project Architect/Engineer $150.00/hour • Architect/Engineer $125.00/hour • Intern Architect I /Engineer $105.00/hour • Intern Architect II /Engineer $85.00/hour • Admin $70.00/hour G. Additional Services • Additional Services may be provided after execution of this Agreement,without invalidating the Agreement. Except for services required due to the fault of the Architect,any Additional Services Professional Services Proposal City of Port Arthur Fire Station 3 Page 8 shall entitle the Architect to compensation and an appropriate adjustment in the Architect's schedule. Additional Services will be negotiated on a lump sum basis. • Upon recognizing the need to perform Additional Services,the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need.The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization. • If the services covered by this Agreement have not been completed within thirty-six(36) months of the date of this Agreement,through no fault of the Architect,extension of the Architect's services beyond that time shall be compensated as Additional Services. H. BRW does not anticipate compensation for reimbursable expenses. Travel and other related expenses are figured into the overall fee. I. Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice.Amounts unpaid thirty days (30) days after the invoice date shall bear interest at the rate of 5%or the maximum rate allowed under Chapter 2251,Texas Government Code. 9. PROJECT SCHEDULE 1. We anticipate the following time periods for the project phases for Fire Station No. 3: PROJECT PHASE COMPLETED • Programming/ Schematic Design (30%) 8 weeks • Design Development (45%) 4 weeks • Construction Documents (100%) 12 weeks • City review 2 weeks • Bidding 8 weeks (2 months) • City Council Approval 4 weeks • Building Construction 12 months 10. SCOPE AGREEMENT Agreement represents the entire and integrated agreement between Owner and the Architect and supersedes all prior negotiations, representations or agreements,either written or oral. This Agreement entered as of the day and year first written above. ARCHITECT fl-i Sign ure Ray W. Holliday,AIA, ASLA, ASID,APA, Principal Brown Reynolds Watford Architects,Inc.