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HomeMy WebLinkAboutContract 30577 STATE OF TEXAS § COUNTY OF TEXAS § CITY SECRETARY CONTRACT NO.`=CC7'7 WHEREAS, the City of Fort Worth ("City") and Komatsu Architecture, Inc. ("Architect") made and entered into City of Fort Worth City Secretary Contract No. 30206, (the "Contract") which was authorized by the City Council by M&C C-20220 on August 17, 2004; and WHEREAS, the Contract involves professional services related to the Water Gardens Active Pool Architecture; and WHEREAS, it has become necessary to amend the Contract to include an increased scope of work and/or revised maximum fee. NOW, THEREFORE, City and Architect, acting herein by and through their duly authorized representatives, enter into the following agreement that amends the contract: 1. Article 1, Section A, of the Contract is amended to include the additional architecture services specified in Attachment A, which is attached hereto and incorporated herein, as authorized by the City Council in M & C M&C C-20220 on the August 17, 2004, a copy of which is attached hereto and incorporated herein. The cost for these additional services to be performed by Architect shall not exceed $46,320. 2. Article H, Section A, of the Contract is amended to provide for an increase in the not-to- exceed maximum fee to be paid to Architect for all work and services under the Contract, as amended, so that the total fee to be paid by City for all work and services shall not exceed the sum of$55,970. The additional fee is described in Attachment B, a copy of which is attached hereto and incorporated herein 3. All other provisions of the Contract that are not expressly amended herein shall remain in full force and effect. Executed on this theQ24day of September, 2004. APPROVAL RECOMMENDED: CITY OF FORT WORTH Parks and Community Services Department By: andle Harwo - ibby W n Acting Direc r Assistant City Manager ATTEST: Approved as to Form and Legality MaiAHendrix Assistant City Attorney City Secretary ATTEST: KOMATSU ARCHITECTURE, INC. By: Corporate Secretary Albert Kofnatsu pr-rrvDiQ�Ii f Con ract Autho izatiou Data KOMATSU ARCHITECTURE,INC. AMENDMENT—WATER GARDENS STUDY Page 2 of 2 ATTACHMENT A ® KOMATSUR1l It Fort Worth Water Gardens - Scope of Work Phase I — Evaluation and Recommendations A. Accessibility a. Accessibility Evaluation of entire existing facility. b. Establish the requirements to meet accessibility. c. Recommendations on Historic eligibility and significance and its impact. d. Procedures required to obtain historic status. e. Impact of Historic status on accessibility. f. Meetings with focus groups for"buy in" on options. (Qty 3) g. Propose options to bring the facility into accessibility compliance. h. Meetings with City Staff (Qty 3) B. Review of Alternatives a. Review of alternates proposed by Freese & Nichols b. Meetings with City Staff (Qty 2) C. Memorialization a. Evaluate alternate and propose methods of memorialization of drowning victims D. Recommendations a. Present findings at Public Meetings (if required) (Not included at this time) b. Present findings to City Staff (Qty 1) c. Present findings to City Council (Qty 1) E. Deliverables (?) a. KAI will provide originals and electronic files (PDF) to City b. City will print sets required for review c. Meetings beyond the ones listed above would be at an hourly rate F. Reimbursables— Performed only with City authorization a. Presentation materials b. Communications & Delivery c. Travel d. Special consultants e. Photography f. Renderings Phase II — Implementation of Selected Option ( To be determined at later date) A. Verify existing facility documentation (Unknown at this time) 550 BAILEY AVENUE SUITE 102 FORT WORTH,TX 76107.21 1 1 817 332 1914 VOICE-817 429 7463 METRO•817 877 4754 FAX Page 1 of 6 ® KOMATSU a R �- �I I E B. Design (Unknown at this time) C. Cost Estimates (Unknown at this time) D. Review Meetings (Unknown at this time) E. Consultants needed (Unknown at this time) F. Public Meetings (Unknown at this time) G. Deliverables (Unknown at this time) a. KAI will provide originals and electronic files (PDF) to City b. City will print sets required for review and/or bidding c. Meetings beyond the ones listed above would be at an hourly rate H. Reimbursables a. Presentation materials b. Communications & Delivery c. Travel d. Special consultants e. Photography f. Renderings g. Topographic Surveys Assumptions A. City to provide electronic drawings of existing facility (if not available electronically, additional cost to convert paper drawings to computer) B. City will set up and direct focus groups with attendance of representatives from Architect and Accessibility specialists. Schedule Schedule attached 550 BAILEY AVENUE SUITE 102 FORT WORTH,TX 76107-21 1 1 817 332 1914 VOICE-817 429 7463 METRO-817 877 4754 FAX Page 2 of 6 KOMATSU i , Water Gardens Supplemental Scope of Work PHASE I Evaluation Services A. ACCESSIBILITY ISSUES — Consultant (Komatsu) will advise the Owner (City of Fort Worth) of existing conditions and City's options for addressing non-conforming conditions under the Texas Accessibility Standards (TAS) of the Texas Department of Licensing and Regulation (TDLR). Komatsu will retain a Registered Accessibility Specialist (RAS) as part of the overall accessibility review. A "Consultation Process" will consist of three work sessions with disability constituent representatives (perhaps Mayor's Committee on Accessibility), City representatives, and other stakeholders. The goal will be to create a consensus of opportunities and conceptual solutions as options for City consideration within the existing garden context. Three additional technical City staff meetings will be scheduled. One presentation briefing to the City Council Executive Committee, and a presentation support to City Staff for the full council will be provided.* The Phase I effort will conclude with recommendations of conceptual options for the City's review. Selection from these options will define the scope for a Phase II implementation that would include documentation for construction, fabrication, or production purposes, as may be appropriate. Programmatic concepts and interpretations of "accommodation sufficiency" will be proposed for the City's legal counsel to evaluate and determine any final language of policy and Owner compliance interpretations. Description: Options for the City may be in the form of suggested physical construction changes, additions, or supplemental work scope; they may also be in the form of "programmatic formats" where physical construction is not feasible or access is otherwise precluded due to constraints or conditions that are part of the intrinsic character of the park as a master work of landscape art. An example might be a kiosk merged into the concrete land form displaying a film with sound of the Active Water Pool, as a programmatic mitigation for visitors with ambulatory or visual disabilities; with captions and pressure plates over speakers it can 550 BAILEY AVENUE SUITE 102 FORT WORTH,TX 76107.21 1 1 817 332 1914 VOICE-817 429 7463 METRO•817 877 4754 FAX Page 3 of 6 KOMATSU A R �_ I I f also address those with hearing disabilities. Such potential solutions require a process involving representation and participation from disability groups to achieve a formal recognition level of good faith resolution. Such procedural actions by the City could then constitute a "balance" of preserving the original intent and form of the garden as a master work while addressing the experiential opportunities of the disabilities community, within the larger overarching goal of improving visitation safety. *Komatsu can only advise the City as to possible options for the City's compliance under the Americans with Disabilities Act (ADA), a body of law under civil rights, as compared to the TAS as defined regulation requirements limited to design and construction activities. Design and/or construction related to ADA address broader accommodation guidelines and are not warranted or certified to be protection for the City from challenges or litigation under alleged ADA rights violations. The City as Owner is responsible for compliance with the ADA. This SOW will rely on issues as initially identified by the 1994 Huitt-Zollars report provided to Komatsu by the City and further defined to effect a cumulative resolution process. The City further acknowledges that as a 1974 era park of artistic, landscape, architectural, and experiential qualities and physical character, there may be inherent, irreconcilable physical conditions under standard TAS regulations or ADA precedents to date. These particular instances may require a negotiation and consensus process that may result in or require an instrument such as a Memorandum of Understanding (MOU) to provide the Owner with a measure of substantiating a good faith effort toward compliance, along with "programmatic solutions" in lieu of physical changes under certain conditions approved by the City as part of its risk assessment and risk management policies B. REVIEW OF FREESE & NICHOLS ALTERNATIVES FOR AESTHETIC/VISUAL CONSIDERATIONS —An evaluation review and recommendations or supplemental suggestions to F&N alternatives will be provided. Evaluation scope will focus on opportunities to achieve safety and accessibility goals while preserving the integrity of the original design intent. Three discussion sessions with City and consultant representatives, Water Garden Conservancy representatives (possible inclusion of conference/call with Alan Ritchie); and two Council briefings are included. 550 BAILEY AVENUE SUITE 102 FORT WORTH,TX 76107-21 1 1 •817 332 1914 VOICE 817 429 7463 METRO 817 877 4754 FAX Page 4 of 6 ® KOMATSU Scope does not include engineering evaluation of structural, mechanical, electrical, and plumbing items. Cost estimation is assumed to be by others. C. MEMORIAL — Komatsu will evaluate and recommend options for either a physical or programmatic memorial for the drowning victims. Evaluation will be made as to how such a memorial could be incorporated into the design of the Water Gardens without interfering with the integrity of the original design. D SPECIAL DESIGNATIONS — Komatsu will provide an overview of the possibility of special landmark status for the Water Gardens as a unique example of an international master architect, as a landscape architectural work of art, and as an urban park landscape under the National Register of Historic Places (NR) - and the accompanying potential mitigation effect on TAS requirements. The nature of this recommendation should be evaluated by the City's legal council for any enhancement of the City's standing should future challenges be brought concerning the extent of the City's accessibility and safety improvements. Phase I will require a decision by the City whether to pursue such application for designation. Consultation with the Texas Historical Commission and National Park Service will be conducted to request a "Determination of Eligibility". This effort will require the preliminary preparation of a Statement of Significance and references to the historical background of both the project and the Architect, Philip Johnson. Phase II, if approved, would require the preparation of a formal submittal of a National Register Nomination form. An architectural historian would be retained to assist Komatsu with the development of support material for the nomination. Four meetings with agency procedural participants will be provided. Two briefings to City staff and Council will be provided. E Additional Services (provided on an hourly basis): i. Meetings or negotiations required beyond those referenced in this proposal 550 BAILEY AVENUE SUITE 102 FORT WORTH,TX 76107.21 1 1 817 332 1914 VOICE•817 429 7463 METRO•817 877 4754 FAX Page 5 of 6 KOMATSU V t ii. Additional investigations of options beyond concept level in Phase I iii. Supplemental technical or code research of F&N recommendations F Reimbursable Expenses: iv. Presentation materials and reproduction required for reports and briefings V. Communication, delivery, and courier services for project related development and materials vi. Travel in connection with project duties outside the DFW area with prior City approval vii. Special consultants and expertise with prior City approval PHASE II Design Services At this time it is not possible to determine the fee for design services for implementation of the selected option until the conclusion of Phase I evaluation and Recommendations. Once the City has determined the option the wish to proceed with, and exact fee could be determined. It is anticipated the range of fees for this phase for architectural services to be in the range of $50,000 to $80,000, excluding the fees charged to develop a programmatic video or other interpretive elements. SCHEDULE Phase I — Evaluation & Recommendations Kick-off Meeting with City Staff 08/25/2004 Workshop with City Staff and FNI 09/10/2004 Preliminary Opinion of Project Costs 09/17/2004 Draft Program for Renewal of Facilities 10/01/2004 Draft Final Report 10/08/2004 Final Report 10/15/2004 Phase II — Implementation of Selected Options Preliminary Construction Documents To be Determined Final Construction Documents To be Determined 550 BAILEY AVENUE SUITE 102 FORT WORTH,TX 76107-21 1 1 •817 332 1914 VOICE 817 429 7463 METRO 817 877 4754 FAX Page 6 of 6 ATTACHMENT B FORT WORTH WATER GARDENS CITY OF FORT WORTH KOMATSU ARCHITECTURE 6-Aug-2004 PHASE I-Evaluation&Recommendations 0001AA DIRECT LABOR 2004 Rates DISCIPLINE Hr Rate Effort E)d Cost Project Management Principal,Vice President $ 62.50 58 $ 3,625 Program Director/Project Manager $ 50.00 83 $ 4,150 Project Architect 1 $ 40.00 $ - Project Coordinator Architect II $ 39.50 $ Senior Technical 1 $ 33.50 $ - Technical Staff Level Drafter II $ 29.75 48 $ 1,428 Drafter III $ 28.25 $ - Technical Specialist Support $ 21.25 $ Project Specialist Level Estimator $ 42.00 $ Cacility Management Program Manager $ 34.75 $ Interior Designer $ 41.75 $ Facility Management Data Coordinator $ 28.00 $ Space Planner $ 22.25 $ Construction Administration $ 46.50 $ Construction Field Observer $ 38.75 $ Quality Control Reviewer $ 46.25 $ - SUBTOTAL-LABOR 189 $ 9,203 0002AA OVERHEAD:(Direct and Admin Combined 200% $ 18,406 Applicable to Direct Labor) SUBTOTAL-LABOR&OH $ 27,609 0003AA PROFIT:(Applicable to Direct Labor and Labor OH) 10% $ 2,761 SUBTOTAL-LABOR,OVERHEAD&PROFIT $ 30,370 Accessology(TAS Review&Recommendations) $ 7,000 Robinson&Associates(Historic) $ 7,500 CONSULTANT SUBTOTAL $ 14,500 0004AA PRIME ARCHITECT-ENGINEER(A-E)MARKUP: 10% $ 1,450 (Quotations for consultant/subcontractors,if required to be submitted on an individual project basis,sub to be submitted on an individual project basis,subject to negotiation). prime A- E markup for consult-ant/subcontractors. CONSULTANT SUBTOTAL+A-E MARKUP $ 15,950 TOTAL TYPE"A"LABOR, OH, &PROFIT $ 46,320 Type A Services J?04.12MOHTRACT51Fae Proposal Farm-Rms l 811 ids Page 1 of 1 Print Date:8/6/2004 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/17/2004 - Ordinance Nos. 16083 and 16084 DATE: Tuesday, August 17, 2004 LOG NAME: 80WG POOL A REFERENCE NO.: C-20220 SUBJECT: Supplemental Appropriation Ordinance and Contract Amendment to City Secretary Contract No. 30206 with Komatsu Architecture, Inc. for the Water Gardens Active Pool Architectural Assessment. RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Capital Projects Reserve Fund by $55,970 from available funds; and 2. Authorize the transfer of $55,970 from the Capital Projects Reserve Fund to the Specially Funded Capital Projects Fund; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund by $55,970 from available funds for the operational assessment and alternative evaluation for the Active Water Pool of the Fort Worth Water Gardens; and 4. Authorize the City Manager to execute an amendment to City Secretary Contract No. 30206 with Komatsu Architecture, Inc. (KAI) for the Water Garden Active Pool Architectural Assessment. DISCUSSION: As a complement and an independent objective review, the City contracted with KAI to review the architecture of the Water Gardens and work cooperatively and collaboratively with Freese & Nichols, Inc. (FNI) in the Operational Assessment and Alternative Evaluation. The role of KAI in the continued development of designs for the Water Gardens will be as follows as: 1. Evaluate the Water Gardens as a potential candidate for inclusion on the National Park Service's Register of Historic Places, including eligibility, procedures required to obtain historic status and impact of status on accessibility. 2. Review and recommend necessary changes to FNI for inclusion in the designs for the Active Pool to insure that any modification comply with the Americans with Disabilities Act. 3. Continue to work in cooperation and collaboration with FNI to evolve design solutions for the Water Gardens Active Pool that are consistent with intent of the original design yet provide the needed safety enhancements and modifications. 4. Develop and evaluate concepts for an appropriate memorial. The initial contract was executed in the amount of$9,650 and this amendment has a cost of$46,320 Logname: 80WG POOL A Paye 1 of thus totaling $55,970. This is the requested amount of the supplemental appropriation. The Fort Worth Water Gardens Park is located in Council District 9 and serves the entire city. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current capital budget, as appropriated in the Specially Funded Capital Projects Fund. The cash balance of the Capital Projects Reserve Fund after this transfer will be $1,651,306. FUND ACCOUNT CENTER AMOUNT (to) 1) GC10 472001 013010001000 $55,970.00 1&2) GC10 538070 013010001000 $55,970.00 2&3) GC35 472010 080080300000 $55,970.00 3) GC35 539120 080080300000 $55,970.00 (from) 2) GC10 538070 013010001000 $55,970.00 TO Fund/AccounVCenters FROM Fund/AccounVCenters GG01 539120 0807051 $55,970.00 GG01 539120 0807051 $55,970.00 Submitted for City Manager's Office by- Libby Watson (392-6183) Originating Department Head: Richard Zavala (871-5704) Additional Information Contact: Randle Harwood (871-5743) Logname: 80WG POOL A Page 2 of 2