HomeMy WebLinkAboutPR 23598: AMENDEMENT TO THE CONTRACT WITH (BRW) FIRE STATION #3 Ciro of
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INTEROFFICE MEMORANDUM
OFFICE OF THE CITY MANAGER
Date: February 15, 2024
To: Mayor and City Council
From: Greg Benson, Fire Chief
Ronald Burton, CPM, City Manager
Re: PR 23598 A RESOLUTION AUTHORIZING AN AMENDEMENT TO THE
CONTRACT WITH BROWN REYNOLDS WATFORD (BRW) OF COLLEGE
STATION FOR ARCHITECTUAL DESIGN AND CONSTRUCTION
MANAGEMENT SERVICES FOR FIRE STATION#3 (PORT ACRES)
CAPITAL PROJ. ACCT.NO. 307-21-049-8512-00-10-000 PROJ. NO. BUI0013
COMMENT
Introduction:
This resolution requests authorization from City Council to amend the architectural design and
construction management contract with Brown Reynolds Watford(BRW)of College Station as it relates
to Fire Station Number 3 (Port Acres) by approving PR 23598. It was previously determined that the
existing Fire Station Number 3 no longer meets the forecasted needs of the citizens in the service area.
Background:
As a matter of public health, safety, and emergency response the City reviewed existing fire stations.
On November 8, 2022 the City Council authorized a contract for architectural design and construction
management with Brown Reynolds Watford of College Station. The initial architectural design costs for
the contract were based on an early projection of 12,800 square feet. It was a basic premise that
substantial change to the projection would likely result in an increase in cost.
In considering the present, and future, service and operational needs of the fire station, and in
conjunction the needs of Fire Station Number 3 (Port Acres), through community input, best practices
"Remember,we are here to serve the Citizens of Port Arthur."
444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
and standards, and professional fire fighter evaluation (e.g. change in equipment sizes, emergency
management needs, city growth, etc.) it was determined that the original 12,800 square foot projection
fell short of meeting the project goals.
After considering the foregoing parameters, it was determined that the appropriate station size for the
city's current and future needs was approximately 16,152 square feet and additional storage building
of 3,328 square feet bringing the total area to 19,400 square feet. These changes necessitated additional
architectural design work.
Additionally, a significant design issue was encountered during this analysis phase. A water pressure
was discovered circa September, 2023. Specifically, "With the information of the low water pressure
discovered on 09/25/23,BRW Architects needed to contract with a new consultant(CCI) for the design
of the Fire Pump and Fire Tank. Additional design effort went in to locate a fire pump into the current
footprint of the building and locate a fire storage tank on the site. This included modifying wall layouts,
electrical loads,grading,and modification of backgrounds used by consultants. This effort was recreated
again once it was determined that the fire storage tank was not required with the latest water pressure
documented on 01/03/24."Although,this did result in a delay,the additional $15,000 in design costs as
was absorbed by BRW; further, the coordination of additional costs by the engineers and consultants
was also absorbed by these agencies with no additional cost to the city.
Due to the increase in the size, the needed re-design work to accommodate the changes to ensure the
full functionality and long term/future life of the station the architectural design and construction
management costs for the additional 6,680 square feet was $227,350.00 bringing the total contract to
$968,050.00. Funding is available to cover the additional costs and will allow the project to move into
the construction bidding and actual building phases.
Budgetary Impact:
Approval of PR 23598 will amend the project budget by increasing the budgeted contract amount by
$2278,350.00 increasing the architectural design and construction management cost to $968,050.00.
Funding is available in Capital Improvement Account No. 307-21-049-8152-00-10-000.Project No.BU
10013.
Recommendation:
The need for fire stations which adequately address the public health, safety, and emergency
management needs of citizens has been a key policy goal of the City Council. Therefore, it is
recommended that the City Council approve PR 23598.
"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
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INTEROFFICE MEMORANDUM
Date: February 22, 2024
To: City Council
From: Toria N Rotibi, Internal Contract Specialist
RE: P.R 23598
On February 16,2024 the Legal Department received agenda item P.R 23598 requesting
the City Councils ratification of the City Managers decision to authorize the additional scope of
work for architectural design and construction management services of Fire station #3. The
execution of amendment #1 increases the contract amount by $227,350.00, for a new total
contract price of$968,050.00.
Pursuant to 252.048 (c) if a change order involves an increase or a decrease of
$50,000.00 or less the governing body may grant general authority to an administrative official
of the municipality to approve the change orders. City Council is required to approve any
expenditure contract greater than$50,000.
If emergency circumstances exist pursuant to 252.022 such as public calamities that
requires the immediate appropriation of money to relieve the necessity of the municipality
residents or to preserve the property of the municipality require a contract amendment to be
executed prior to City Council approval,the City Manager shall request that City Council ratify
such contract amendment or change order.Note that such practices should be avoided whenever
possible.
Under P.R 23598 the replacement of Fire Station #3 is to meet operational, personnel
safety and preparedness for future community needs. The proposed resolution does not suggest
that an emergency circumstance existed, or met any exception as stated in 252.022 at the time
additional work was authorized. Therefore, any request to amend a must have prior approval by
a vote of the City Council, unless an emergency exist or other exception.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
P.R. No. 23598
2/9/2024 gsb
RESOLUTION NO.
A RESOLUTION RATIFYING THE CITY MANAGER' S DECISION TO
AUTHORIZE THE ADDITIONAL SCOPE OF WORK FOR ARCHITECTURAL
DESIGN AND CONSTRUCTION MANAGEMENT SERVICES OF FIRE
STATION #3 (PORT ACRES) BY BROWN WATFORD REYNOLDS
ARCHITECTS, INC. OF COLLEGE STATION, TEXAS, AND
AUTHORIZE THE EXECUTION OF AMENDMENT #1 TO INCREASE THE
CONTRACT AMOUNT BY $227, 350 . 00 TO A NEW TOTAL CONTRACT
AMOUNT NOT TO EXCEED $968, 050 . 00; FUNDING IS AVAILABLE
IN CAPITAL IMPROVEMENT ACCOUNT NUMBER 307-21-049-8512-
00-10-000 . PROJECT NO. BU10012 .
WHEREAS, the Fire Department found it necessary to replace
Fire Station #2 (Westside) and Fire Station #3 (Port Acres) to meet
operational, personnel safety and preparedness in meeting future
community needs; and
WHEREAS, on November 8 , 2022, Resolution 22-515 authorized
the execution of a contract with Brown Watford Reynolds (BRW) to
perform architectural, design, and construction management
services of the replacement of outdated Fire Station #3 in the not
to exceed amount of $740, 700 . 00 ; and
WHEREAS, on January 29, 2024 , BRW submitted a letter,
attached hereto as Exhibit "A" requesting for an increase in
professional Architectural/Engineering fees for additional
services performed for Fire Station #2 and Fire Station #3 for an
amount totaling $498, 000 . 00 ; and
WHEREAS, the cost increase is reflective of the revised scope
design process which increased the square footages for each fire
station and outbuildings from the originally projected 12 , 800SF to
19, 480SF; and
P.R. No. 23598
2/9/2024 gsb
WHEREAS, the increase square footage design scope for Fire
Station #3 caused in an increase in service costs of an additional
$227, 350 . 00 resulting in a new total contract cost of $968, 050 . 00;
and
WHEREAS, funds are available for this purchase in the proposed
budgeted item in Capital Improvement Account Number 307-21-049-
8512-00-10-000 . Project No. BU10012 for this service .
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 Council hereby ratify the City
Manager' s decision and authorize the execution of Amendment No. 1,
in substantially the same form attached hereto as Exhibit "B" , for
architectural, design, and construction management services
contract for Fire Station #3 , with Brown Reynolds Watford
Architects, Inc . , increasing the contract amount by $227, 350 . 00 to
a new total contract price of $968 , 050 . 00
Section 3 . That a copy of the caption of this Resolution
shall be spread upon the Minutes of the City Council .
READ, ADOPTED, AND APPROVED, this day of February,
2024 AD, at a Regular Meeting of the City Council of the City of
Port Arthur, Texas by the following vote: AYES :
Mayor: •
P.R. No. 23598
2/9/2024 gsb
,
NOES :
Thurman Bill Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
' See- mem C7)
Val Tizeno
City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton, CPM
City Manager
Greg Benso
Fire Chief
APPROVED AS TO AVAILABILITY OF FUNDS:
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®® cl, L ?dam bosWJ1
Lynda Boswell
Director of Finance
/I/
, ham ' ,;
Clifton Williams, CPPB
Purchasing Manager
P.R. No. 23598
2/9/2024 gsb
EXHIBIT "A"
Exhibit A
BROWN REYNOLDS WATFORD
ARCHITECTS
175 CENTURY SQUARE DRIVE
SUITE 350
COLLEGE STATION, TEXAS 77840
979-694.1791
W W W,BRWARCH.COM
January 29, 2024
To: Mr. Ronald Burton
City Manager
City of Port Arthur
444 4th Street
Port Arthur,TX 77640
Ref: Additional Services Request— Port Arthur Fire Stations No. 2 and 3 (REVISED)
Mr. Burton,
First of all, I apologize for not sending this letter last month when City Council approved the Schematic Design
package and scope increase on this project. The original contract with the City of Port Arthur was for two stations
each of 1 2,800 SF,and our estimated cost of construction internally for each station was $8,000,000. As you recall,
we had several meetings to discuss the fire chief's needs with the proposed square footage.BRW presented several
designs from which it was determined that the proposed size for the new building would not meet the current needs
of the fire department much less future needs.Through programming and schematic design, square footage was
added to the stations as well as the addition of two storage buildings,one each for Station 2 and Station 3.
Therefore,this letter is in request for an increase in professional Architectural/Engineering fees for additional services
provided for Fire Stations No. 2 and 3 in the amount of $498,000. The contracted square footage of 1 2,800 for
each station has grown to 16,152 SF for each fire station and an additional 3,328 SF for each storage building. The
total square footage increase for each station therefore is 6,680 SF,and the total square footage increase for both
stations is 1 3,360 SF.
In early April,BRW presented the design and budget to the Port Acres Community,where a budget of $23,311,169
was illustrated,an increase of $7,311,169. Later that month,the budget and Schematic Package was approved at
the City Council Meeting.
Because the square footage increased by 52% and the budget increased by 45%,there is considerably more work
to be performed from the original contracted amount.
Typically, professional fees are calculated based on man hours. BRW's professional fees are evaluated by percent of
the total budget. Our original fee was roughly 9.25% of the construction budget which is our typical fee structure for
municipal fire station design with full services. Due to the scope increase the engineers have requested additional fees
in addition to their current negotiated contract. At this juncture in the project it is too late to change engineers; plus
they are excellent engineers with whom we have a good working relationship. I know the City would prefer to keep
our fees as low as possible and to keep the same services originally agreed upon so we are willing to work with you
and have presented a proposal with a reduced percentage:
Fire Station No. 3
Square Footage Budget Fees
Original Scope 12,800 SF $8,000,000 $740,700 9.25%
Revised Scope 12.480 SF 111,645585 ?64,oSQ N 3!
%Increase 52% 45% 31%
Fire Station No. 2
Square Footage Budget Fees
Original Scope 12,800 SF $8,000,000 $568,100 7.10%
Revised Scope 1-9,4 0 SF $�--1.645. $5 $74D,575 6.360_/2
Increase 52% 45% + 'i
You will see for both stations,the percentage increase in fees is less than both the square footage increase and the
budget increase percentages. I have worked diligently to tighten our numbers so,that we are presenting a
percentage savings to the City of Port Arthur for this scope increase.
I value you as a client and want to continue to provide you with the full design services that you contracted us for.
We have several projects in your immediate area and I believe I can double up on some of these trips to reduce
costs from our end.
In conclusion, I respectfully request additional professional fees due to an increase in scope of services for the new
Fire Station No. 2 and 3 for the City of Port Arthur from $1,308,800 to $1,708,625 which equals$399,825. Below
is a proposed modification to our fees per phase.
Fire Station No. 3(Revised 07/24/2023)
02/10/2023 07/24/2023 Additional
Contract Subtotal Fee
Schematic design 20% $148,140 $202,100 $53,960
Design Development 15% $111,105 $151,575 $40,470
Construction Documents 40% $296,280 $404,200 $107,920
Bidding 5% $37,035 $37,035 $0.00
ConstructionAdministrotion 20% $148,140 $)73.14U , 25000
Total 100% $740,100 $968,050 $227,350
Fire Station No. 2(Revised 07/24/2023)
02/10/2023 07/24/2023 Additional
Contract Subtotal Fee
Schematic design 20% $1 13,620 $154,280 $40,660
Design Development 15% $85,215 $115,710 $30,495
Construction Documents 40% $227,240 $308,560 $81,320
Bidding 5% $28,405 $28,405 $0.00
Construction Administration 20% $1 13,620 $133,6.20 _$20-00
Total 100% $568,100 $740,575 $172,475
If you need additional information, please let me know.
Sincerely,
g #4
Ray Holliday,AIA,ASLA,APA, LI
Principal
P.R. No. 23598
2/9/2024 gsb
EXHIBIT "B"
STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS
§ AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF JEFFERSON §
AMENDMENT NO. 1
This Amendment to the 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.
City and Professional hereby agree that the Agreement for Professional Services is
amended as follows:
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 $968,050.00 for said services.
SIGNED AND AGREED TO on the day of 2024.
ATTEST: CITY:
City of Port Arthur
By:
Sherri Bellard, Ronald Burton,
City Secretary City Manager
APPROVED AS TO FORM: PROFESSIONAL:
Brown Reynolds Watford Architects, Inc.
By: By
Valecia Tizeno
City Attorney Print Name:
Title: