HomeMy WebLinkAboutContract 49258 N
2 3 4 5 g �8 CITY SECRETARY
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CONTRACT NO. G
CE CITY OF FORT WORTH, TEXAS
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C``{pFFORSwAR�� AGREEMENT FOR ARCHITECTURAL SERVICES
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COMO COMMUNITY CENTER, PHASE I
This Agreement for Architectural Services (the "Agreement") is between the City of Fort
Worth, a Texas home-rule municipality (the "City"), and HKS Inc., a Texas corporation,
(the "Architect"), for a project generally described as: the new Como Community Center
(the "Project").
The Agreement documents shall include the following: OFFICIAL RECORD
CITY SECRETARY
1. This Agreement for Architectural Services; FT.WORTH,TX
2. Attachment A — Scope of Services;
3. Attachment "B"—Verification of Signature Authority Form; jW
4. Attachment "C"— Common Community Center Phasing Diagram,
October 28, 2016.
Attachments A, B and C, which are attached hereto and incorporated herein, are made a
part of this Agreement for all purposes. In the event of any conflict between the terms and
conditions of Attachments A, B or C and the terms and conditions set forth in the body of
this Agreement, the terms and conditions of this Agreement shall control.
Article I - Scope of Service
(1) Architect hereby agrees to perform as an independent contractor the
services set forth in the Scope of Services attached hereto as Attachment "A". These
services shall be performed in connection with a new Como Community Center, Phase
I, and master plan for all phases. Nothing in Attachment "A" or any other Attachments
to this Agreement shall be construed to change or modify any of the terms and conditions
set forth in this Agreement.
(2) If at any time in the course of the design, City expands the scope of
services, or Architect believes City has requested services that are beyond the scope of
this Agreement, Architect shall submit a proposal for additional fees and a written
agreement shall be reached on said proposal prior to Architect proceeding with the work
considered to be beyond the scope of this Agreement. Architect shall not perform any
additional services without a written agreement with City. Any services provided prior to
reaching an agreement on additional fees will be non-compensable.
(3) Additional services, if any, will be requested in writing by City. City shall
not pay for any work performed by Architect or its sub-consultants, subcontractors
and/or suppliers that has not been ordered in writing. It is specifically agreed that
Architect shall not be compensated for any alleged additional work resulting from oral
orders of any person.
Agreement for Architectural Services Page 1 of 18
(4) Architect shall advise City as to the necessity of City's providing or obtaining
additional services and data from others required in connection with the Project at City's
cost and expense (which services and data the Architect is not to provide hereunder but
on which the Architect may rely in performing services hereunder), and act as City's
representative in connection with any such services of others.
(5) The Construction Budget for Phase I of the Project shall be
$9,900,000.00.
Article 11 -Compensation
(1) Architect shall be compensated (Fee and Reimbursable Expenses) in
accordance with the Fee Schedule shown in paragraph (2) of this Article II. Payment
shall be considered full compensation for all labor, materials, supplies, and equipment
necessary to complete the services described in Attachment "A". However the total
fee paid by the City shall not exceed a total of $799,.261.74, reimbursable expenses,
unless City and Architect mutually agree upon a fee amoun;or additional services and
amend this Agreement accordingly. 10.4449 --.
(2) Architect shall be paid the following percentages of the total fee by stages of
the Project as follows:
a. Completion of Programming and Schematic Design 20%
b. Completion of Design Development 20%
c. Completion of Construction Documents 35%
d. Action by City Council to accept bids 5%
e. Construction Phase and Final acceptance of the Project 20%
However the total fee paid by City shall not exceed a total as defined in Article II,
Compensation.
(3) Reimbursement of up to $5,000.00 of expenses shall be allowed with prior
approval of the City. Allowable expenses include:
a. Printing Costs
b. Renderings or Models for Public and City meetings
c. Postage and Courier Expenses
d. Travel, Mileage Only
e. Other Costs with Prior Approval of City.
Agreement for Architectural Services Page 2 of 18
(4) The Architect shall provide monthly invoices to City. Payment for services
rendered shall be due within thirty (30) days of the uncontested performance of the
particular services so ordered and receipt by City of Architect's invoice for payment of
same.
(5) Acceptance by Architect of said payment shall operate as and shall
release City from all claims or liabilities under this Agreement for anything related to,
done, or furnished in connection with the services for which payment is made, including
any act or omission of City in connection with such services.
Article III - Term
Unless terminated pursuant to the terms herein, this Agreement shall be for a term
of duration of design and construction, beginning upon the date of its execution, or until the
completion of the subject matter contemplated herein, whichever occurs first.
Article IV - Independent Contractor
Architect shall operate hereunder as an independent contractor, and not as an
officer, agent, servant, or employee of City. Architect shall have exclusive control of and
the exclusive right to control the details of its work to be performed hereunder and all
persons performing same, and shall be solely responsible for the acts and omissions of its
officers, agents, employees, contractors and subcontractors. The doctrine of respondeat
superior shall not apply as between City and Architect, its officers, agents, employees,
consultant, and sub-consultants, and nothing herein shall be construed as creating a
partnership or joint venture between City and Architect.
Article V - Professional Competence and Indemnification
(1) Work performed by Architect subject to reasonable skill and care shall
comply in all aspects with all applicable local, state and federal laws and with all
applicable rules and regulations promulgated by the local, state and national boards,
bureaus and agencies. Approval by City shall not constitute or be deemed to be a
release of the responsibility and liability of Architect or its officers, agents, employees,
consultants and sub-consultants for the accuracy and competency of its services
performed hereunder.
(2) In accordance with Texas Local Government Code Section 271.904,
Architect shall indemnify, hold harmless, and defend City against liability for any
damage caused by or resulting from an act of negligence, intentional tort, intellectual
property infringement, or failure to pay a consultant or sub-consultant committed by the
Architect or Architect's agent, Architect under contract, or another entity over which
Architect's exercises control.
Agreement for Architectural Services Page 3 of 18
Article VI - Procedures for Providing Architectural Services
(1) Architect agrees to commit the personnel to each assignment of the
Project as appropriate in order to complete the Project in an expeditious manner.
Architect shall meet with City's staff as required during the duration of the project. The
Architect will assign the following key personnel to this Project:
Principal in Charge: So YIOp N -
Project Manager.-
Project
anager:Projecfi
Architect may not change key personnel without City's written approval.
(2) Programming and Schematic Design Phase:
a. Architect shall become familiar with the site and scope of the Project.
b. Architect shall consult with City to clarify and define City's requirements
relative to the Project and review available data.
c. Architect shall become familiar with the City's document "Facilities Division
DESIGN GUIDELINES for New and Existing Facilities" and incorporate into
all phases of the work.
d. Architect shall prepare a written Program Design Manual defining project
goals, program, architectural concepts, site and floor plans, principal
equipment, and finishes.
e. Architect shall pay for the printing of contract documents required for design
submittals and presentations as a part of the reimbursable allowance.
f. Architect shall not proceed to the Design Phase until City has provided written
approved of the Program Design Manual.
(3) Design Phase:
a. Architect shall perform all services necessary to complete the design and
secure a construction permit, including all services necessary to survey, plat,
prepare and vacate easements and address any other property issues.
b. The design shall include all site work, design and coordination of utilities,
landscaping and facility design required for a complete and functional project.
c. Architect shall prepare presentation graphics (plans, elevations, etc.) and
present at two (2) City meetings (if required) during the design of the project.
d. Architect shall prepare the design in two stages as follows:
i. Design Development Phase: Preparation of architectural, structural and
MEP plans, principal elevations, site plans, cartoon set, selection of
principal equipment and finishes, and review of CMAR provided opinion
Agreement for Architectural Services Page 4 of 18
of probable construction costs. Upon written approval of this phase of
the work, Architect may proceed to the Construction Document Phase.
ii. Construction Document Phase: Preparation of details, architectural,
structural, mechanical, electrical, and plumbing plans, finishes
schedules, detailed technical specifications, and review of CMAR
provided opinion of probable construction costs.
e. Drawings at all stages of design will have the following characteristics: scale for
floor plans will be 1/8" or such other scale as may be agreed to in writing for all
disciplines, elevations will be at same scale as floor plans, area plans will have
same scale for all disciplines, and site plans for all disciplines will be at same
scale.
f. Architect shall provide such service as may be necessary for the building
permits to be issued. City shall pay any fees for such Building Permits. City or
contractor shall apply for building permits.
g. Architect, at Architect's sole cost and expense, shall engage a Consultant to
prepare "Elimination of Architectural Barriers Registration" and submit the
applications to the Texas Department of Licensing and Regulation (TDLR). The
Architect (if required) will pay all fees required for TDLR reviews and
inspections. All designs shall be in conformance with the Elimination of
Architectural Barriers Act, State of Texas, and the City of Fort Worth Building
Codes.
h. In the event the Project is constructed in accordance with the Architect's
designs and is subsequently determined to be in non-conformance with the
above Act, Codes or Texas Accessibility Standards, City will bear the
construction costs associated with enhancements. Architect will reimburse City
for additional costs, charges or fees to replace or rework features that were
constructed in accordance with the design but fail to meet applicable
accessibility requirements or building codes in force at the time that the design
was performed.
i. Architect shall upload the electronic files in PDF format to City's online bidding
site (Autodesk Buzzsaw).
(4) Bidding Phase:
a. Architect shall respond to the contractors' inquiries, prepare necessary
addenda, and conduct the Pre-Proposal Conference, and participate in the
general contractor selection process.
b. The architect shall assist with evaluating the CMAR's proposed pricing and
make recommendations concerning the capability of the bidders to satisfactorily
perform the contract.
Agreement for Architectural Services Page 5 of 18
(5) Responsibility for Construction Cost:
a. The Construction Budget for the Project shall be defined by City.
b. Architect shall provide to City an opinion of probable construction cost at the
submission of each phase. City shall either approve the adjustment of the
Construction Budget or direct Architect to adjust the Project design, at no
additional cost to City, to stay within the previously approved Construction
Budget.
c. If the Construction Budget is exceeded by the lowest bona fide bid, City may (1)
award the contract, (2) abandon the project and terminate this Agreement, or (3)
cooperate in the reduction of the Project Scope and features as required to stay
within the Construction Budget in order to rebid the Project. If City decides to
reduce the scope of the Project and rebid, Architect shall, without additional fee,
modify the Drawings and Specifications as necessary to stay within the
Construction Budget. In the event City abandons the project, City may
terminate this Agreement in accordance with Article X, Termination of
Agreement.
(6) Construction Phase.-
a.
hase:a. Architect shall assist City by approving submittals, observing construction
procedures and results monthly, reviewing methods and costs associated with
proposed change orders, and assisting in the resolution of construction
problems.
b. Architect shall attend progress meeting at the job site.
c. At the completion of construction, Architect shall conduct and document the final
inspection and assist City on the resolution of construction or design
deficiencies.
d. Architect will review contractor's pay requests.
e. Architect will conduct final acceptance and end of warranty inspections with
representatives of the City.
f. Architect shall provide electronic files (DWG format) to the contractor for the
contractor's preparation of"Record Drawings" for City's archives.
g. Architect will provide CAD files of all drawings suitable to use on AutoCAD LT
2010 format or such other operating system as determined by City.
(7) All designs, drawings, specifications, documents, and other work products
of Architect, whether in hard copy or in electronic form, are instruments of service for this
Project, whether the Project is completed or not. Reuse, change, or alteration by City or
by others acting through or on behalf of City of any such instruments of service without the
written permission of Architect will be at the City's sole risk. City shall own the final
designs, drawings, specifications and documents. Transfer of ownership of the contract
documents does not constitute sale of the documents.
Agreement for Architectural Services Page 6 of 18
Article VI1 - City Responsibilities
(1) Ronald Clements will act as City's representative with respect to the
Project for the purposes of transmitting instructions, receiving information, interpreting
and defining City's policies and decisions with respect to Architect's services.
(2) Provide criteria and information as to City's requirements.
(3) Assist Architect in obtaining existing studies, reports and other available
data and services of others pertinent to the Project and in obtaining additional reports
and data as required.
(4) Upon reasonable notice arrange for access to and make all provisions for
Architect to enter upon public and private property as may be required for Architect to
perform services hereunder.
(5) Review all reports, recommendations and other documents and provide
written decisions pertaining thereto within a reasonable time.
(6) Examine all studies, reports, sketches, drawings, specifications, proposals
and other documents presented by Architect, obtain advice of an attorney, insurance
counselor and other architects as it deems appropriate for such examination and render
in writing decisions pertaining thereto within a reasonable time so as not to delay the
services of Architect.
(7) Provide "Instructions to Offerors" and "General Conditions" for use in
assembling the Project construction contract documents.
(8) Prepare easements and right-of-way acquisition conveyance documents,
from descriptions provided by Architect, contact owners, negotiate for or condemn all
easements and right-of-way, pay all filing and legal fees associated therewith.
(9) Manage the advertisement and bidding of the project, issue addenda,
distribute bid documents, award contract, and execute the contracts.
(10) Administer the construction of the Project.
(11) Provide inspection and management services.
(12) Provide contractors' prepared field drawings to the Architect for review.
(13) Pay all impact and utility fees and other fees not expressly assigned to the
Architect. This includes fees charged by Oncor for new or revised service.
(14) Bear all costs incident to compliance with this Article.
Article VIII - Insurance
(1) Architect shall not commence work under this Agreement until it has
obtained all insurance required under this Article and City has approved such insurance,
nor shall Architect allow any subcontractor to commence work on its subcontract until all
similar insurance of the subcontractor has been so obtained and approval given by City;
provided, however, Architect may elect to add any subconsultant as an additional
insured under its liability policies.
Agreement for Architectural Services Page 7 of 18
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 general aggregate limit
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits
of coverage if written on a split limits basis). Coverage
shall be on any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability Insurance
$1,000,000 Errors & Omissions
$2,000,000 Annual Aggregate
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Architect's worker's
compensation insurance policy, the City, its officers, employees and servants
shall be endorsed as an additional insured on Architect's insurance policies.
b. Certificates of insurance shall be delivered to the Property Management
Department, Attention: Brian R. Glass, AIA, Architectural Services
Manager, 401 West 13th Street, Fort Worth, Texas 76102, prior to
commencement of work.
c. Any failure on part of City to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide City a minimum thirty days
notice of cancellation, non-renewal, and/or material change in policy terms or
coverage. A ten days notice shall be acceptable in the event of non-payment of
premium.
e. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
f. Other than worker's compensation insurance, in lieu of traditional insurance,
City may consider alternative coverage or risk treatment measures through
Agreement for Architectural Services Page 8 of 18
insurance pools or risk retention groups. City must approve in writing any
alternative coverage.
g. Workers' compensation insurance policy(s) covering employees employed on
the Project shall be endorsed with a waiver of subrogation providing rights of
recovery in favor of City.
h. City shall not be responsible for the direct payment of insurance premium
costs for Architect's insurance.
i. Architect's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
j. In the course of the Agreement, Architect shall report, in a timely manner, to
City's officially designated contract administrator any known loss occurrence
which could give rise to a liability claim or lawsuit or which could result in a
property loss.
k. Architect's liability shall not be limited to the specified amounts of insurance
required herein.
I. Upon the request of City, Architect shall provide complete copies of all
insurance policies required by these Agreement documents.
Article IX -Transfer or Assignment
City and Architect each bind themselves, and their lawful successors and assigns,
to this Agreement. Architect, its lawful successors and assigns, shall not assign, sublet or
transfer any interest in this Agreement without prior written consent of City.
Article X - Termination of Agreement
(1) City may terminate this Agreement for its convenience on 30 days written
notice. Either City or Architect may terminate this Agreement, for cause, if either Party
fails to substantially perform through no fault of the other and does not commence
correction of such nonperformance with 5 days of written notice and diligently complete
the correction thereafter.
(2) If City chooses to terminate this Agreement, upon receipt of notice of
termination, Architect shall discontinue services rendered up to the date of such
termination and City shall compensate Architect based upon calculations in Article II of
this Agreement.
Agreement for Architectural Services Page 9 of 18
(3) All reports, whether partial or complete, prepared under this Agreement,
including any original drawings or documents, whether furnished by City, its officers,
agents, employees, Architects, or contractors, or prepared by Architect, shall be or
become the property of City, and shall be furnished to the City prior to or at the time
such services are completed, or upon termination or expiration of this Agreement.
Article XI - Right to Audit
(1) Architect agrees that City shall, until the expiration of three (3) years after
final payment under this Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Architect involving transactions relating
to this Agreement. Architect agrees that City shall have access during normal working
hours to all necessary facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section. City
shall give Architect reasonable advance notice of intended audits.
(2) Architect further agrees to include in all its subcontracts hereunder, a
provision to the effect that the subcontracting consultant agrees that City shall, until the
expiration of three (3) years after final payment under the subcontract, have access to
and the right to examine any directly pertinent books, documents, papers and records of
such sub-consultant, involving transactions to the subcontract, and further, that City
shall have access during normal working hours to all sub-consultant facilities, and shall
be provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this article. City shall give Architect and any sub-
consultant reasonable advance notice of intended audit.
(3) Architect and sub-consultants agree to photocopy such documents as may
be requested by the City. City agrees to reimburse Architect for the cost of copies at the
rate published in the Texas Administrative Code in effect as of the time copying is
performed.
Article XII - Minority Business and Small Business Enterprise
(MBE) (SBE) Participation
In accordance with City's Business Diversity Enterprise Ordinance No. 20020-12-
2011, as amended, City has goals for the participation of minority business enterprises
and/or small business enterprises in City contracts. Architect acknowledges the MBE and
SBE goals established for this Agreement and its accepted written commitment to MBE
and SBE participation. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Architect may result in the
termination of this Agreement and debarment from participating in City contracts for a
period of time of not less than three (3) years.
Agreement for Architectural Services Page 10 of 18
Article XIII - Observe and Comply
Architect shall at all times observe and comply with all federal, state, and local laws
and regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. Architect agrees to defend, indemnify and hold
harmless City and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or regulation, whether
it be by itself or its employees.
Article XIV -Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the basis of
any provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas — Fort Worth Division. This Agreement shall be construed in accordance with the
laws of the State of Texas.
Article XV - Contract Construction
The Parties acknowledge that each party and, if it so chooses, its counsel have
reviewed and revised this Agreement and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting party must not be
employed in the interpretation of this Agreement or any amendments or exhibits hereto.
Article XVI - Severability
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof
to any person or circumstance shall ever be held by any court of competent jurisdiction
to be invalid or unconstitutional for any reason, the remainder of this Agreement and the
application of such word, phrase, clause, sentence, paragraph, section, or other part of
this Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion had never
been contained therein.
Agreement for Architectural Services Page 11 of 18
Article XVII - Notices
Notices to be provided hereunder shall be sufficient if forwarded to the other Party by
hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage
prepaid, to the address of the other Party shown below:
City of Fort Worth:
Property Management Department
Attn: Brian R. Glass, AIA
Architectural Services Manager
401 West 13th Street
Fort Worth, Texas 76103
Architect:
HKS, Inc.
Attn: Norman T. Morgan, Jr., AIA
1000 Macon Street, STE 150
Fort Worth, Texas 76102
Article XVIII - Headings
The headings contained herein are for the convenience in reference and are not
intended to define or limit the scope of any provision of this Agreement.
Agreement for Architectural Services Page 12 of 18
Article XIX - Counterparts:
This Agreement may be executed in one or more counterparts and each
counterpart shall, for all purposes, be deemed an original, but all such counterparts
shall together constitute but one and the same instrument.
Executed and effective this the _* ay of,Ul 2017.
BY: JDate:
CITY OF FORT WORTH
Jesus J. Chapa T. o an Jr. AIA
Assistant City Manager
Date: l3 J l7
APPRPVALCO MENDED:
By::
t
Q1_'6 Steve Cooke, Director
Property Management Department
APPROVED AS TO FORM AND M&C No.:
LEGALITY
By: M&C Date:
ohn B. Strong FART
Assistant City A orney
% ' �� OFFICIAL RECORD
AT T = CITY SECRETARY
U ' * FT.WORTH,TX
ary K r
City Secretary 7EXP5
Contract Compliance Manager: By signin ac nowledge that I am the person responsible for the
monitoring and administration of this contract, including ensuring all performance and reporting
requirements.
By: &I CIM. a&."
Brian R. Glass, AIA
Architectural Services Manager
The Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, Suite 107, Austin, Texas, 78758,
telephone (512) 305-9000, has jurisdiction over individuals licensed under the Architects' Registration Law,
Texas Civil Statutes, Article 249a.
Agreement for Architectural Services Page 13 of 18
ATTACHMENT "A"
Como Community Center, Phase I
Project Scope
The Scope of the services is as follows:
• Develop existing site masterplan (conceptual design services provided under Agreement dated
August 16, 2016) as needed to adapt to schematic design of the building.
• Building design of single-story, 23,500 square foot community center building to include functions
of public/lobby space, community/education spaces, youth music program spaces and
administrative, food service, and support spaces as well as extensive covered porch areas along
the perimeter of the building and covering the connecting walkway to the Athletics/Training
building per previously established program dated October 11, 2016.
• This proposal excludes services related to the athletic field, lighting and graphic scoreboard and
playground design.
• This project is anticipated to stand-alone from Phase II in design process and documentation.
Scope of Services
HKS and its consultants will provide the following basic services for this project:
• HKS, Inc. —Architectural Design
• Structural Engineering— Dunaway Associates
• Mechanical, Electrical, Plumbing, Fire Protection Engineering - DFW Consulting Group HKS and
its consultants will provide the following additional services for this project:
• Interior design
• Interior design —furniture selection
• Interior signage
• Food Service
• Low voltage, IT and security design (Coordinate with City of Fort Worth's Contractor)
• Land Survey
• Civil Engineering
• Landscape Architecture
Scope of Professional Services
The scope of the professional services is limited to the following:
• Site Planning:
—A site plan has been developed under the conceptual design scope issued October 28, 2016 as
COMO COMMUNITY CENTER CONCEPTUAL PLANNING PACKAGE and is assumed to be the
approved site concept plan. Should significant changes be required, additional fees may apply.
• Schematic Design (SD):
—Single line floor plans showing walls, doors, windows, etc.
—Exterior elevations for proposed design concept.
—Design selection summary of building exterior materials.
—Limit two (2) SD meeting to develop.
—Preliminary MEP and structural engineering systems definition in narrative form.
Agreement for Architectural Services—Attachment A Page 14 of 18
—A building plan has been developed under the conceptual design scope dated October 28, 2016
as COMO COMMUNITY CENTER PRELIMINARY SPACE PROGRAM AS DRAWN and is
assumed to be the approved building program and conceptual plan.
• Design Development(DD)
—Detailed, floor plans with overall dimensions showing walls, doors, windows with plumbing
fixtures and electrical outlets.
—Exterior dimensions with major materials graphically shown and noted.
—Outline specifications
—Standard details of major exterior envelope systems
—Limit two (2) DD meetings with Owner to develop detailed room layouts.
—Structural drawings with columns, column grid spacing and revised narrative if required.
—MEP drawings including mechanical unit locations and preliminary sizes, with revised narrative
if required.
—Conceptual temperature control zone map.
•Construction Documents (CD)
—Provide construction documents for construction. "Fast Track" documentation or multiple
packages are not anticipated at this time.
—Limit two (2) meetings to review progress of documents at appropriate percentage of
completion with client team.
• Biddin
—This proposal assumes a permit expediter will be engaged and HKS will have limited
responsibilities during this phase beyond answering questions regarding the interpretation of the
construction documents and assisting the Owner in evaluating the final contractor bids for
construction.
—This proposal specifically excludes handling permitting issues such as NEZ waiver
procurement, coordination of any new or the abandonment of existing rights-of-way, coordination
of Community Facility Agreements, etc.
• Construction Administration (CA)
—Assuming a 12-month construction schedule for vertical construction, limit 24 on-site
construction meetings (bi-weekly).
Information Required from Owner/Client
HKS is poised to begin work immediately. To ensure our efforts are not interrupted, HKS will require the
following Owner provided items within the next 4-6 weeks include:
• Complete site survey in digital format indicating property lines, sub surface utilities, topographic
information, etc.
• Geotechnical Report for all recommended boring locations.
• Information on the design-build criteria and details of the Athletic field and related constructions.
• Information on any Owner provided items such as furniture, equipment, etc.
Deliverables
The documents to be developed and delivered to Client for this Scope of Services are as follows:
• Renderings: two (2) exterior views and one (1) interior view of main lobby/reception space
• Schematic Design package for review and approval: drawings, narrative, outline specifications
• Design Development package for review, approval and contractor pricing: drawings, draft
specifications.
• Construction Documents package: drawings and specifications issued for construction.
Agreement for Architectural Services—Attachment A Page 15 of 18
Schedule
Upon receipt of a signed agreement, HKS will begin the design services immediately. We are anticipating
the following phase durations. We are anticipating the following phase durations to align with Phases IIA
and IIB of the project.
Schematic Design: 6 weeks
Design Development: 10 weeks
Construction Documents: 19 weeks
Bidding / Negotiation: 6 weeks
Construction Administration: 52 weeks (TBD)
A more detailed schedule will be developed once we fully understand the Clients' approval process/
stakeholder access, and schedule commitments. If durations above are extended due to reasons not
controlled by HKS, reserves the right to request additional fee for time or services performed during this
extended period.
Additional Services
Should there be a request for additional services or if there are deviations from scope of services
described in this proposal, HKS shall submit an additional service request to the Client for approval, prior
to commencement of the services. Additional services shall be a stipulated sum based on our approved
hourly rates.
Additional Consultants
If the services of consultants other than any included in the Scope of Services given above are required
and in the event Client request these consultants be retained by HKS, HKS will invoice these additional
consultants at cost. HKS reserves the right to qualify and select any consultants who will be under HKS
contract.
End of Attachment"A"
Agreement for Architectural Services—Attachment A Page 16 of 18
ATTACHMENT "B"
VERIFICATION OF SIGNATURE AUTHORITY
Architect hereby agrees to provide City with independent audit basic financial statements, but
also the fair presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Architect and to execute any
agreement, amendment or change order on behalf of Architect. Such binding authority has been
granted by proper order, resolution, ordinance or other authorization of Architect. City is fully
entitled to rely on the warranty and representation set forth in this Form in entering into any
agreement or amendment with Architect. Architect will submit an updated Form within ten (10)
business days if there are any changes to the signatory authority. City is entitled to rely on any
current executed Form until it receives a revised Form that has been properly executed by
Architect.
1. Name: Norman Morgan
Position: Princi Charge
Signature
2. Name: Michael Parkinson
Position: Project Manager
Signature
3. Name: R. Craig Williams
Position: Senior Vice President
Signature
Name:
*Ohlz—
Signature of President/ CEO
Other Title:
Date: 5/30/17
Agreement for Architectural Services—Attachment B Page 17 of 18
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, June 20, 2017 REFERENCE NO.: C-28294
LOG NAME: 21COMO COMUNITY CENTER ARCHITECTURAL SERVICES
SUBJECT:
Authorize Execution of an Architectural Services Agreement with HKS, Inc., in the Amount of$799,261.74
to Provide Architectural Design and Construction Administration Services for the New Como Community
Center Located at Chamberlin Park (2014 BOND PROGRAM) (COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of an Architectural Services Agreement with HKS, Inc., in the amount of up to
$799,261.74 to provide architectural design and construction administration services for the New Como
Community Center located at Chamberlin Park (2014 BOND PROGRAM); and
2. Authorize the execution of a non-binding Memorandum of Understanding with A.P. Ranch, Inc., to
collaborate in funding and constructing the Como Community Center and related gymnasium and athletic
field, subject to negotiation of future Construction and Operating Agreements.
DISCUSSION:
The 2014 Bond Program, approved by the citizens of Fort Worth, includes $5,300,000.00 to construct a
new Como Community Center. At the time, a commitment was made by two City Council members to
raise $1.7 million to supplement the budget. In addition, on May 17, 2016, Mayor and Council
Communication (M&C) G-18738, the City Council appropriated an additional $1.7 million from surplus
capital funds to address rising construction costs and to allow a 25,000 square foot facility. Total identified
resources include:
Public Funding
Appropriation:
2014 Bond Funding $5,300,000.00_
Surplus Capital (added in 2016 to address inflation) $1,700,000.00
Park Dedication Fees 1$300,000.00 _
Sub-Total Appropriated Funds $7,300,000.00
Plus Anticipated Private Donation (Councilmember [$1,700,000.00
Fundraising) _
Plus Anticipated FY2019 PayGO for Furniture, Fixture
&Equipment $1,150,250.00
(FF&E) (increased from $675K for larger facility at $26.75 per
square foot for 43,000 square feet)
Plus Anticipated County In-kind Contribution for Parking Lot TBD
Total Anticipated Public Resources $10,150,250.00
Of these funds, approximately $564,727.00 have been spent on or earmarked for preliminary design
Logname: 21 COMO COMUNITY CENTER ARCHITECTURAL SERVICES Page 1 of 4
services, land acquisition, demolition, staff charges, etc.
A request for Statements of Qualifications (SOQ) was advertised in the Fort Worth Star-Telegram on July
30, 2015 and August 6, 2015. After reviewing the SOQ and conducting interviews, the City engaged the
architectural firm of Perkins & Will, Inc., to provide limited programming assistance with site selection and
to conduct certain public meetings.
During these meetings, the Como Community (Community) and City established the location to be in
Chamberlin Park. The Community's needs and desires for the project's total program greatly increased its
proposed scope and size. The Community and City also identified a funding and programming partner for
the project, A.P. Ranch, Inc. (AP Ranch), which has a history of serving the Community.
AP Ranch engaged the architectural firm of HKS, Inc. (HKS), to assist with design concepts and cost
estimating for their participation in this project. The resulting concept suggests a 23,500 square foot
community center, a 25,000 square foot double-gym, and a full-size synthetic athletic field with a walking
track. However, it is anticipated that it will be necessary to modify the scope in order to meet available
resources and a feasible capital campaign. Modifications may include reduction in classroom space, a
single gym, consolidation of the gymnasium and community center, among others.
Based on this information, AP Ranch has committed to leading fundraising for this expanded project;
however, the final scope of the project will be contingent upon fundraising or a private financial guarantee
prior to the start of construction. The Carter Foundation has made an initial commitment of$750,000.00
for the athletic field. It is anticipated that the City will design and construct the new community center and
AP Ranch will design and construct a new gymnasium and athletic field with track unless design changes
make this separation of responsibilities impractical. The cost allocation between these two components
and associated shared infrastructure and site preparation will be finalized during design and fundraising to
ensure that the public commitment is not exceeded. This contract with HKS, Inc., includes design of the
community center as suggested and may be amended as the project evolves.
Throughout the process, Staff has met with the Como Leadership Council and the Como Neighborhood
Advisory Council to review concepts and programming priorities.
HKS is fully qualified to design all aspects of this project with design experience in municipal project,
sporting venues, community centers, etc. In order to coordinate the City's design efforts with AP Ranch,
Staff recommends the City Council authorize execution of a design Agreement with HKS for the new
Como Community Center.
In order to gain the flexibility of constructability input during design and real time cost estimating, the
Construction Manager at Risk (CMAR) procurement method was selected for construction. A request for
SOQs for CMAR contractors was advertised in the Fort Worth Star-Telegram on March 17, 2017, March
23, 2017 and March 30, 2017. The City received SOQs from 11 offerors. A selection team, comprised of
representatives of Neighborhood Services Department, Park and Recreation Department, Property
Management Department, the Office of Business Diversity, and AP Ranch reviewed the SOQs and
conducted interviews. The selection team recommends Muckleroy& Falls (Muckleroy) as the best value
CMAR contractor. A CMAR Pre-Construction Services Contract will be awarded administratively to
Muckleroy in the amount of$17,000.00. A separate M&C will be presented to the City Council for
approval of the CMAR Construction Contract when the project reaches that phase.
The process of engaging the architect and the CMAR will allow continued progress on the project while it
is determined if the full scope is viable. The team will continue to work on options regarding value-
engineering and scope-reduction options. There is some inherent risk that the community center design
would need to be modified to include a gymnasium if the private partnership is not successfully concluded.
However, Staff believes the risk of diminishing value of construction dollars to be significant and
recommends that we proceed as described. Prior to awarding a construction contract, the City Council will
be presented a scope that is fully-funded.
Logname: 21COMO COMUNITY CENTER ARCHITECTURAL SERVICES Page 2 of 4
Memorandum of Understanding (MOU)with AP Ranch, Inc.:
In order to continue defining the final scope and budget, the City and AP Ranch will engage in a non-
binding Memorandum of Understanding with the following key provisions.
1. City will engage HKS and Muckleroy to design and provide pre-construction services,
respectively, for the community center contingent upon the final scope.
2. AP Ranch will engage HKS and Muckleroy to design and provide pre-construction services,
respectively, for the gymnasium and athletic field and track contingent upon the final scope.
3. Both parties will act in good faith in value engineering and scope reduction to meet the financial
constraints and to distribute project costs accordingly.
4. All funding or a private financial guarantee will be in place prior to the award of construction
contracts;
5. Future operations anticipate a Cooperative Agreement that facilitates the long-term commitment
of AP Ranch to support programming and activities at the facility (ies).
6. The City will continue to fund existing operating costs and programs at the facility, subject to the
annual budget approval by the City Council, and will propose staffing commensurate with the final
size and scope of the facility.
Estimated Costs:
Construction -The estimated construction costs for the full potential scope of Como Community Center is
$22.5 million with $11.7 million associated specifically with construction of the larger community center. As
noted, only one-third of the funds are currently appropriated by the City and full development will be
contingent upon the feasibility of the capital campaign.
This project is included in the 2014 Bond Program. Available resources within the General Fund will be
used to provide interim financing until debt is issued. Once debt associated with the project is sold, bond
proceeds will reimburse the General Fund, in accordance with the statement expressing official Intent to
Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No.
21241-05-2014) and subsequent actions taken by the Mayor and Council.
City of Fort Worth Building and Trade Permit fees are waived.
The community center is to be located in COUNCIL DISTRICT 3.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that funding is available in the 2014 Bond Program as appropriated and
that the Property Management Department has the responsibility to verify the availability of funds prior to
an expenditure being incurred.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget I Reference # moun
ID ID Year Chartfield 2
Logname: 21 COMO COMUNITY CENTER ARCHITECTURAL SERVICES Page 3 of 4
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Steve Cooke (5118)
Additional Information Contact: Brian Glass (8088)
ATTACHMENTS
1. COMO PROJ LOCATION.pdf (Public)
2. HKS Form 1295.pdf (Public)
3. SAM HKS Inc.pdf (CFW Internal)
4. SAM Perkins Will Inc.pdf (CFW Internal)
Logname: 21 COMO COMUNITY CENTER ARCHITECTURAL SERVICES Page 4 of 4
CERTIFICATE OF INTERESTED PARTIES �G
C FORM 1295
l of l
Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business, 2017-213178
HKS Architects, Inc.
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party tot the contract for which the form is 05/24/2017
being filed.
City of Fort Worth Date Acknowledg d:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
PMD2014-10
Architectural Design Services
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I intermediary
Budaus, Marc Fort Worth,TX United States X
Morgan, Norman Fort Worth,TX United States X
Sparks, Brent Fort Worth,TX United States X
5 Check only if there is NO Interested Party.
6 AFFIDAVIT ,,....r...... I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
KIM COOPER
a;a ':ty Notory Public,State of Texos
Comm.Expires 01.14-2020
�,• O,N;; Notory ID 4615811
Signature of aiiiilsdkent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE Q .• ! t , l�
Swor t and subscribed before me,by the said C1_' r/�db I�.L� RAS ,this the a-1 day of
20 ,to certify which,witness my hand and seal of office.
Signature f officer administering oath Printed name of officer ad nistering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883