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