HomeMy WebLinkAboutContract 56784 CSC No.56784
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality
(the "CITY"), and Broaddus & Associates, Inc., authorized to do business in Texas, an
independent contractor ("Consultant"), for a PROJECT generally described as: Fort Worth
Convention Center Expansion Project Management.
The Agreement documents shall include the following:
1 . This Standard Agreement for Professional Services;
2. Attachment "A"— Scope of Services.
Attachments 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 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 Services
(1) Consultant 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 Fort Worth Convention Center
Expansion Project Management.
(2) Additional services, if any, will be requested in writing by the City. City shall not
pay for any work performed by Consultant or its subconsultants, subcontractors
and/or suppliers that has not been ordered in writing. It is specifically agreed that
Consultant shall not be compensated for any alleged additional work resulting
from oral orders of any person.
Article II
Compensation
Consultant shall be compensated in accordance with the Fee Schedule shown in
Attachment "A". 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 $2,313,927.00
unless the City and the Consultant mutually agree upon a fee amount for additional
services and amend this Agreement accordingly.
The Consultant shall provide monthly invoices to the City. Payment for services
rendered shall be due within thirty (30) days of the uncontested performance of the
City of Fort Worth,Texas Standard Agreement for Professional Services
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CITY SECRETARY
FT. WORTH, TX
particular services so ordered and receipt by City of Consultant's invoice for payment of
same.
Acceptance by Consultant of said payment shall operate as and shall release the 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 the City in connection with such services.
Article III
Term
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 37
months, beginning upon the date of its execution, or until the completion of the subject
matter contemplated herein, whichever occurs first.
Article IV
Independent Contractor
Consultant shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Consultant 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 respondent superior
shall not apply as between City and Consultant, its officers, agents, employees,
contractors, and subcontractors, and nothing herein shall be construed as creating a
partnership or joint venture between City and Consultant.
Article V
Professional Competence and Indemnification
(1) Work performed by Consultant 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 the City shall not constitute or be deemed to be a release of the
responsibility and liability of Consultant or its officers, agents, employees,
contractors and subcontractors for the accuracy and competency of its services
performed hereunder.
(2) In accordance with Texas Local Government Code Section 271.904, the
Consultant shall indemnify, hold harmless, and defend the 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
subcontractor or supplier committed by the Consultant or Consultant's
agent, consultant under contract, or another entity over which the
Consultant's exercises control.
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Article VI
Insurance
(1) Consultant shall not commence work under this Agreement until it has obtained
all insurance required under this Article and the City has approved such
insurance, nor shall Consultant allow any subcontractor to commence work on its
subcontract until all similar insurance of the subcontractor has been so obtained
and approval given by the City; provided, however, Consultant may elect to add
any subconsultant as an additional insured under its liability policies.
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of
coverage if written on a split limit 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
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Consultant's worker's
compensation insurance policy, the City, its officers, employees and servants
shall be endorsed as an additional insured on Consultant's insurance policies.
b. Certificates of insurance shall be delivered to the Architectural Services,
Attention: Brian R. Glass, 401 West 131h Street, Fort Worth, TX 76012, prior to
commencement of work.
c. Any failure on part of the 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 the 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.
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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
insurance pools or risk retention groups. The 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 the City.
h. City shall not be responsible for the direct payment of insurance premium
costs for Consultant's insurance.
i. Consultant'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, Consultant 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. Consultant's liability shall not be limited to the specified amounts of insurance
required herein.
I. Upon the request of City, Consultant shall provide complete copies of all
insurance policies required by these Agreement documents.
Article VII
Transfer or Assignment
City and Consultant each bind themselves, and their lawful successors and assigns, to this
Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or
transfer any interest in this Agreement without prior written consent of the City.
Article VIII
Termination of Contract
(1) City may terminate this Agreement for its convenience on 30 days' written notice.
Either the City or the Consultant for cause may terminate this Agreement if either
Party fails substantially to perform through no fault of the other and does not
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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 under Article 8, upon receipt of notice
of termination, Consultant shall discontinue services rendered up to the date of
such termination and City shall compensate Consultant based upon calculations
in Article II of this Agreement.
(3) All reports, whether partial or complete, prepared under this Agreement,
including any original drawings or documents, whether furnished by the City, its
officers, agents, employees, consultants, or contractors, or prepared by
Consultant, shall be or become the property of the 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 IX
Right to Audit
(1) Consultant agrees that the 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 Consultant involving
transactions relating to this Agreement. Consultant agrees that the 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 Consultant reasonable advance notice
of intended audits.
(2) Consultant further agrees to include in all its subcontracts hereunder, a provision
to the effect that the subcontracting consultant agrees that the 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 Consultant and any sub-consultant reasonable advance
notice of intended audit.
(3) Consultant and sub-consultants agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Consultant for the cost of
copies at the rate published in the Texas Administrative Code in effect as of the
time copying is performed.
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Article X
Minority Business and Small Business Enterprise (MBE) (SBE) Participation
In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011,
as amended, the City has goals for the participation of minority business enterprises
and/or small business enterprises in City contracts. Consultant 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 Consultant 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.
Article XI
Observe and Comply
Consultant 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. Consultant 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 XII
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 XIII
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.
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Article XIV
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.
Article XV
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:
Attn: Brian R. Glass, AIA
Architectural Services Manager
401 West 13'" Street
Fort Worth, Texas 76102
Consultant:
Broaddus & Associates
Attn: David Crabtree
1301 South Capital of Texas HWY, STE A302
West Lake Hills, Texas 78746-6574
Article XVI
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.
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Article XVII
Immigration Nationality Act
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Vendor
shall verify the identity and employment eligibility of all employees who perform work under
this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9),
maintain photocopies of all supporting employment eligibility and identity documentation
for all employees, and upon request, provide City with copies of all 1-9 forms and
supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor shall establish appropriate procedures and controls so that no
services will be performed by any employee who is not legally eligible to perform such
services. Vendor shall provide City with a certification letter that it has complied with the
verification requirements required by this Agreement. Vendor shall indemnify City from any
penalties or liabilities due to violations of this provision. City shall have the right to
immediately terminate this Agreement for violations of this provision by Vendor.
Article XVIII
No Boycott of Israel
If Consultant has fewer than 10 employees or the Agreement is for less than $100,000,
this section does not apply. Consultant acknowledges that in accordance with Chapter
2270 of the Texas Government Code, City is prohibited from entering into a contract
with a company for goods or services unless the contract contains a written verification
from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms "boycott Israel" and "company" shall have the
meanings ascribed to those terms in Section 808.001 of the Texas Government Code.
By signing this Agreement, Consultant certifies that Consultant's signature provides
written verification to City that Consultant: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the Agreement.
Article XIX
Prohibition on Boycottinq Energy Companies
Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government
Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from
entering into a contract for goods or services that has a value of $100,000 or more, which
will be paid wholly or partly from public funds of the City, with a company (with 10 or more
full-time employees) unless the contract contains a written verification from the company
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that it: (1) does not boycott energy companies; and (2) will not boycott energy companies
during the term of the contract. The terms "boycott energy company" and "company" have
the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as
added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of
the Government Code is applicable to this Agreement, by signing this Agreement,
Vendor certifies that Vendor's signature provides written verification to the City that
Vendor: (1) does not boycott energy companies; and (2)will not boycott energy
companies during the term of this Agreement.
Article XX
Prohibition on Discrimination Against Firearm and Ammunition Industries
Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code (as added by Acts 2021 , 87th Leg., R.S., S.B. 19, § 1), the City is
prohibited from entering into a contract for goods or services that has a value of
$100,000 or more which will be paid wholly or partly from public funds of the City, with a
company (with 10 or more full-time employees) unless the contract contains a written
verification from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2)
will not discriminate during the term of the contract against a firearm entity or firearm
trade association. The terms "discriminate," "firearm entity" and "firearm trade
association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code (as added by Acts 2021 , 87th Leg., R.S., S.B. 19, § 1). To the
extent that Chapter 2274 of the Government Code is applicable to this Agreement,
by signing this Agreement, Vendor certifies that Vendor's signature provides
written verification to the City that Vendor: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
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Article XXI
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 Dec 6, 2021 day of December, 2021.
BY: BY:
CITY OF FORT WORTH CONSULTANT
Broaddus & Associates, Inc.
bwta-8WA44E
Dana Burghdoff(04c 6,202 2:45 CST)
Dana Burghdoff Scot T. Sanders, PE, CEM
Assistant City Manager Chief Operating Officer
Date: Dec 6, 2021 Date: Dec 2, 2021
APPROVAL RECOMMENDED:
By:Steve�o ke'(Dec 2,202117:31 CST)
Steve Cooke, Director
Property Management Department
APPROVED AS TO FORM AND
LEGALITY
7,5' ��Ol'� 4*oRn�
By:JB Strong(Dec 3, 02113:33CST) �of°°°° °°°off as M&C No.: 21-0934
John B. Strong � �° °��.;0
Assistant City Attorney p�°o o=� M&C Date: 11/30/2021
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ATTEST: pia 4 nEXASapo
157 &��"
J ette S.Goodall(Dec 6,202114: ST) Form 1295 Certification:
Jannette Goodall
City Secretary
CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and
administration of this contract,including ensuring all performance and reporting requirements.
By: �dY+'�w.. 4. 64,v
Brian R.Glass,AIA
Architectural Services Manager
OFFICIAL RECORD
City of Fort Worth,Texas Standard Agreem
Revision Date:12/1/2021 Fort Worth Convention Cer CITY SECRETARY
Page 10 of 10 FT. WORTH, TX
ATTACHMENT "A"
BROADDUS
ASSOCIATES
Fee Summary Total Hours Fee Percentage
Program Management Phase
Broaddus &Associates 8,751.00 $1,470,008 3.02%
Elements of Architecture $107,100 0.22%
Levis $165,000 0.34%
Campos $126,300 0.26%
Total $1,868,408 3.84%
Programming Phase
Broaddus &Associates Programming 1,178.00 194,619
Elements of Architectures Programming 144,400
Campos Programming 66,500
Total 405,519
Total Programming/Design/ Construction 2,273,927
Reimbursable Expenses 40,000
Total Proposed Fee 2X3,927
Total M/WBE Participation 609,300 26.80%
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BROADDUS
ASSOCIATES
PROJECT MANAGEMENT SERVICES -FWCC Phase 3A
SCOPE OF SERVICES DETAIL
Overall Functions for the Project dd
1 Broaddus&Associates shall provide the principal Project Manager(PM)and single point of contact for the Owner. Services include
all general leadership and management functions required of a PM which include but are not limited to tracking budgets;monitoring
schedules;overseeing quality of all aspects of the project;building and communicating with the project team;coordinating all issues,
documentation,minutes,action items,and approvals to move the project through all its various phases;providing direct interface
with the community,end-users and other stakeholders;and briefing executives as necessary-
2 Project duration is 37 months for FWCC phase 3A.
3 Develop initial budget estimate for project-
4 Establish overall project budget including hard and soft costs. (i.e., construction, design, management, testing, furnishings,
equipment,permitting,connection fees,contingency funds,etc.)
5 Develop a master schedule for project-
6 Develop communication protocols for the project-
7 Keep Owner executives,officials,and community representatives informed and communicate with end-users to keep scope aligned
with project objectives. Present to the Core Team and Facilities Steering Committee,as required-
8 Establish,lead,and coordinate all project related meetings-
9 Coordinate with all external approval authorities and neighboring institutions.
10 Provide Project Executive services as advisor to the Owner and PM.
11 Identify the need for special studies,surveys,investigations,etc.,and implement contracts as necessary.
12 Develop a filing and document control system for the project for hardcopy and electronic records.
13 Manage all contracts(Master Plan,Design,Construction,Special Consultants,etc.)related to the project.
14 Project cash-flows,monitor,and manage all payments to consultants and contractors,including compliance with all MWBE plans.
15 Work with Core Team to assist in the evaluation and selection of A/E and CM firms.
16 Assess the existing Central Utility Plant(CUP)and recommend where to locate the new CUP as part of the overall Convention
Center Renovation.
17 Assess the need to refeed to utilizes currently entering the building in the southeast corner of the Annex.
18 Develop a scoping document to define the MEP scope required for this phase of the renovation.The scoping document will be used
to establish budget and to solicit A/E services for the project.
19 Provide peer review of MEP documents during the design phase of the project.
Continued Next Page
Procurement: Selection&Contracting for A/E and Construction Services
Note: The following process steps are followed, with some variation, for Design firms, CM firms, and other firms selected on a
Qualifications(QBS)or Best Value Basis. The process may be used several times during the project. It may include Solicitation
Document Preparation,Proposal Evaluation, Selection Committee Facilitation,Negotiation with the Selected Firm, and Preparation
of the Contract Documents and Associated Documents to Implement Award of the QBSIBest Value Agreement/Contract.
1 Prepare Requests for Qualifications(RFQ's)and Requests for Proposals(RFP's),and guide committees through fair,objective,and
equitable selection process-
2 Specific activities for this phase typically include:
Develop RFQ's and RFP's documents
Draft Agreement/Contract
Organize the selection committee(s)
Establish selection criteria
Assist in advertising the Request for Qualifications(RFQ)
Receive and evaluate qualifications
Convene selection committee and develop a short list of the most qualified candidates
Request Proposals(RFP)from the short-list
Receive and evaluate proposals
Convene selection committee and discuss proposals
Conduct interviews of proposers in front of selection committee
Facilitate committee selection of best firm
Negotiate contract with selected firm(if possible,otherwise go to 2nd ranked firm)
Finalize contract and prepare presentation material for governing body and/or executive approval
3 Maintain appropriate confidentiality and comply with the Open Records process-
4 Provide the Owner's draft Agree me nt/Co ntract to include in the RFP,in order to eliminate extended negotiation of terms after
selection-
5 Guide the selection process consistent with a project management approach acceptable to Owner-
6 Negotiate financial&related issues to finalize the Agreement/Contract with the selected firm-
7 Coordinate with the Owner's to ensure all procedures are in compliance with statutes and regulations-
8 Provide follow-up and de-briefing sessions with non-selected firms-
9 Collect&process all required documents from contracted firms before proceeding with work. (i.e.,bonds,insurance,etc.)
10 Carry out necessary contractual actions and transactions during the various contract phases.
11 Procure specialty consultants such as surveyor,geotechnical engineer,hazardous material&abatement firms,test&balance firm,
commissioning agent,materials testing firms,independent design consultants and peer reviewers.
12 Construction Contractor Specific Procurement
13 Review standard construction contract for billing,procurement,timelines,change orders,applications for payment and all processes
required.
14 Assist Owner with contractor selection criteria and review of contractor qualifications and capability to perform scope of work and
comply with schedule,programming guidelines and specifications.
15 Assist Owner in negotiating with Contractors;re-bid or re-negotiate Project if lowest bid or proposal is greater than Project budget
after selection of contractor by Owner.
16 After selection of contractor by Owner,assist Architect with transmitting standard procurement requirements to contractors and
subcontractors.
17 Review information submitted by contractor to include insurance,employee pay scales,material suppliers,subcontractors list,
bonds,and financing.
Continued Next Page
Pre-Project Planning Phase
Engineering Design
1 Review all existing Owner baseline data and identify additional engineering and environmental information needed for master
planning and design-
2 Assist in the selection/procurement/contracting of consulting firms to perform the work-
3 Provide overall project management of each consultant and work task-
4 Evaluate engineering and environmental studies and apply results to the balance of the planning process-
5 Assist Owner in coordinating critical project issues with local governing agencies and authorities having jurisdiction.
Master Planning
6 Review existing master plan scope of work documentation and make recommendations for refinement.
7 Participate on Owner's behalf in selection/procurement/contracting of campus master planner-
8 Provide overall project management of the master planning process to ensure that:
Master plan achieves Owner objectives
Cost effective designs are prepared
Design concepts address constructability performa
Highest caliber Program is developed
Issues are resolved in a timely manner
Identify critical design issues relating to campus site and Owner mission
Cost are monitored on an on-going basis
9 Participate in planning workshops.
10 Review all draft master planning documentation, including campus site analysis, conceptual plan, precinct studies, and design
standards. Make recommendations to enhance value alternatives and identify point of progress for master planner to proceed to
development of the final plan.
11 Review master plan development and provide input to Owner and campus master planner regarding implementation and phasing
alternatives.
Programming
12 Gather,review and validate information previously provided through site review,meetings with the City and meetings with the users
13 Facilitate a visioning session with participants to identify,discuss and prioritize values and goals for the project.Review items such
as growth, culture, technology, aesthetics, economies, environment, social, safety sustainability, aspiration and other relevant
criteria.
13 Provide written evaluation of the values and goals from the visioning session.
14 Identify and confirm the Owner's objective for the project.
15 Information Gathering—compile and review the following:a.Available data on existing including existing program material,design
and facility standards.b.Relevant documents from AHJ c.Relevant historical material.
16 Identify the constraints and opportunities that may impact the project such as location, access, visibility and site and building
services.
17 Conduct interviews with identification of those to interview, establish a work plan and schedule for the interviews. Determine the
types of data that could impact the design of the project and determine how interviews will relate to other information-gathering
techniques.
18 Walkthrough of the existing facility and operations for the programming participants to visit and observe for comparison to the
project.
19 Facilitate meetings with programming participants to review data obtained,consider and discuss design and planning issues such
as future growth and expansion projections and endeavor to achieve consensus as to how the value, goals, objectives and
information should influence the design of the project.
20 From information gathered develop performance and design criteria for the project.
21 Preliminary determination of space requirements such as space relationships and circulation, and special requirements such as
aesthetics,ergonomics,flexibility,FF&E,lighting,sustainability,acoustics,surrounding environment,safety and security.
22 Identify unresolved programming issues,recommend solutions.
23 Compile the results of findings and analyses concerning the values,goals and objectives for the project,information gathering and
data analysis in programming document.
24 Present initial program document
25 From approval of initial program,prepare final document
26Incorporate design and facility standards and recommend project standards, such as area allowances, space allocation,
adjacencies,communication,technology,security,FF&E,lighting,acoustics and aesthetics.
27 Conduct meetings with users and staff to identify and confirm the space program requirements.
28 Identify building technical and engineering systems,such as communication systems,special equipment,particular utility or building
support services and furniture needs.
29 Identify any special issues related to the site and off-site utilities not already addressed in campus master plan.
30 Prepare program to comply with campus master plan,incorporating standards and design guidelines.
31 Finalize program and facilitate transmission of data to building designer.
32 Transmit data to Designer.
Other Pre-Project Planning Activities
33 Update&expand the master schedule for project.
34 Incorporate a technology&telecommunications plan&budget into the project.
35 Develop conceptual construction cost estimate for project.
36 Update&refine overall Total Project Budget(TPC)including hard and soft costs.(i.e.,construction,design, management,testing,
furnishings,equipment,permitting,connection fees,contingency funds,etc.)
Continued Next Page
Schematic Design Phase
1 Conduct Partnering(Best Practice) and kickoff meeting with Owner,Designer&others.
2 Communicate all pre-project planning information to Designer-
3 Conduct design meetings between Owner and Designer,document and resolve issues-
4 Prepare Schematic Design cost estimate, conduct reviews of Designer's cost estimate, reconcile, and take action to keep cos
under control-
5 Review schedule and conduct schedule optimization session(s).(Best Practice)
6 Participate in drawing reviews for completeness,constructability,and cost savings. Coordinate,review,and evaluate all Schematic
Design documents submitted by Designers and consultant engineers for compliance with Owner's design guidelines,space program
needs and performance specifications per campus-
7 Provide peer review and comments for the MEP documents at SD
8 Conduct PDRI analysis. (Best Practice)
9 Provide a formal Constructability Program,complete with documented cost savings and value-added impacts.(Best Practice)
10 Initiate planning for Commissioning&Start-up. Begin this process early to define requirements,costs and achieve aggressive
schedules.(Best Practice)
Design Development Phase
1 Oversee Preparation of Design Development Documents addressing architectural, structural, mechanical & electrical systems,
materials and other appropriate elements-
2 Conduct regular meetings between Owner&Designer to review and evaluate design documents for compliance with guidelines.
3 Conduct review of schedule. Conduct schedule optimization session(s).(Best Practice)
4 Provide preliminary design review for code compliance-
5 Provide peer review and comments for the MEP documents at DID
6 Prepare Design Development cost estimate,conduct reviews of Designer's cost estimate, reconcile,and take action to keep cos
under control-
7 Participate in drawing reviews for completeness,constructability,and cost savings. Coordinate,review,and evaluate all Design
Development documents submitted by Designer and its consultants for compliance with Owner's design guidelines,detailed
program needs and performance specifications-
8 Conduct PDRI analysis.(Best Practice)
9 Continue formal Constructability Program.(Best Practice)
10 Continue planning for Commissioning&Start-up.(Best Practice)
Construction Documents Phase
1 Oversee preparation of Construction Documents addressing all project elements-
2 Conduct design review meetings and project management meetings with Owner to update on progress,financial status,
construction issues and use of project contingencies-
3 Coordinate with government entities for any building or statutory reviews and other approvals-
4 Participate in drawing reviews for completeness, constructability, and cost savings. Coordinate, review, and evaluate all
Construction Documents submitted by Designers and subconsultants for compliance with owner's design guidelines, detailed
program needs and performance specifications before procurement of sub-contractors. (Recommend 30%,50%,95%and 100%
complete submissions.)
5 Prepare Construction Documents cost estimate(s),conduct reviews of Designer's and/or CM's cost estimate(s),reconcile,and take
action to keep cost under control-
6 Updated and detailed schedule, including major construction elements, and conduct schedule optimization session(s). (Best
Practice)
Provide peer review and comments for the MEP documents at 50%CD
7 If CM-at-Risk project delivery method,receive Guaranteed Maximum Price(GMP)proposal,evaluate,negotiate,&recommend
acceptance.
Continued Next Page
Construction Documents Phase(Continued)
8 Continue Formal Constructability Program.(Best Practice)
9 Implement a Change Management System to control scope creep.(Best Practice)
10 Plan for Commissioning&Start-up.(Best Practice)
Construction Phase
1 Serve as the Owner's Point of Contact during construction. Conduct construction update meetings at construction sites on a weekly
and as-needed basis-
2 Conduct Partnering sessions at beginning of the construction phase to include all subcontractors.(Best Practice)
3 Review and participate in Construction Manager's buyout of subcontract packages;ensure scope analysis is complete and track
budget/contingency adjustments-
4 Evaluate requests for proposed Change Orders and Construction Change Proposals and make recommendations-
5 Conduct site visits and inspections to review work in place and report in a standard format to Owner with reference to facilities
standards/specifications, schedules and budgets. Monitor construction progress and advise Owner of any observations of non-
conforming scope or quality workmanship-
6 Administer Construction Contract and General Conditions and serve as Owner's representative.
7 Review compliance with all plans,specifications and required terms and conditions and report to Owner on status-
8 Assist Owner in contracting with Independent Testing Firms and review testing program results. (Tests typically include
geotechnical,concrete,welding,compaction,etc.)
9 Provide Field and Quality Assurance Oversight.
10 Review approved submittals. Obtain Owner approvals needed.
11 Continue the Change Management System into construction phase.(Best Practice) Analyze each potential change,estimate cost
and schedule,assess its impact,and negotiate the change amount. Execute necessary contract modification documents.
12 If a CM-at-Risk project,track the GMP savings balance and plan for its use or recapture.
13 Monitor Requests For Information(RFI's)and Designer responsiveness.
14 Coordinate vendors under separate contract to owner,if required
15 Review Contractor's Building Commissioning and Turnover Plan as a part of Planning for Start-up. (Best Practice)
16 Evaluate payment applications and make recommendations to owner on approval of requests for progress payments.
17 Perform final inspections and review punch list work.
Commissioning and Turnover Phase
1 Plan for furnishing procurement and building turnover.(Provide CX Manager)
2 Review the results of the HVAC Test and Balance for compliance with construction contract requirements-
3 Monitor all pre-functional testing and check-out for compliance with commissioning plan-
4 Oversee turnover of all certification documentation and submittals to proper agencies on behalf of Owner-
5 Coordinating training of facility maintenance staff for familiarization with all systems.
Warranty and Occupancy
1 Review all contractual and warranty obligations for compliance including the issuance of all documents such as operations and
maintenance manuals.
2 Coordinate post construction 6 month walk.
End of Attachment "A"
12/2/21,9:11 AM M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTWORTII
'14�
DATE: 11/30/2021 REFERENCE M&C 21- LOG 21ARPA - FWCC EXPANSION FUNDING
NO.: 0934 NAME: & PROJECT MANAGEMENT
CODE: C TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: (CD 9) Approve Allocation of$52,000,000.00 in American Rescue Plan Act Funding for
the Reinstatement of the Fort Worth Convention Center Renovation Project, Including the
Realignment of Commerce St., Suspended as a Result of Lost Hotel Occupancy Taxes
Due to the COVID-19 Pandemic; Authorize Execution of a Professional Services
Agreement with Broaddus &Associates, Inc. in an Amount Up to $2,313,927.00 for Multi-
Year Project Management Services Associated with the Renovation of the Fort Worth
Convention Center; and Adopt Attached Appropriation Ordinances
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the allocation of up to $52,000,000.00 from the American Rescue Plan Act funds,
Subtitle M (Coronavirus State and Local Fiscal Recovery Funds) for a transfer to the Grants
Capital Projects Federal Fund for the reinstatement of the Fort Worth Convention Center
Renovation project that was suspended as a result of lost hotel occupancy tax revenues due
to the COVID-19 pandemic;
2. Authorize execution of a professional services agreement with Broaddus & Associates, Inc., in
an amount up to $2,313,927.00, for multi-year project management services associated with
the renovation of the Fort Worth Convention Center;
3. Adopt the attached ordinance increasing estimated receipts and appropriations in the Grants
Capital Projects Federal Fund in the amount of $52,000,000.00, transferred from the Grants
Operating Federal Fund, for reinstatement of the Fort Worth Convention Center Renovation
project (City Project No. 102582); and
4. Adopt the attached ordinance adjusting estimated receipts and appropriations in the Public
Events Capital Fund by increasing estimated receipts and approrprations in the Fort Worth
Convention Center Expansion and Project Management project (City Project No. 102582) by
$1,546.12, and decreasing estimated receipts and appropriations in the FWCC Minor
Rennovations and Repairs programmable project (City project No. P00053) by the same
amount.
DISCUSSION:
This Mayor and Council Communication (M&C) takes actions to reinstate the Fort Worth Convention
Center Renovation capital improvement project. The actions consist of allocating $52,000,000.00 of
American Rescue Plan Act (ARPA) Funding for the project, including the realignment of Commerce
Street; authorizing a professional services agreement with Broaddus &Associates, Inc., in the
amount up to $2,313,927.00, for multi-year project management services associated with the
renovation; and reallocating $1,546.12 in previously appropriated funding left over from before the
project's suspsension.
The Fort Worth Convention Center started life as the Tarrant County Convention Center, constructed
in 1966 and officially opened in 1968. The building had an arena on the north end, convention and
exhibit space in the middle, and the "JFK Theater" on the south end. The convention center was
expanded in 1983 by adding the "annex" to the east side of the exhibit halls and relocating
Commerce Street. In 1997 the City purchased the convention center from the County, and it was
renamed the Fort Worth Convention Center. A "two phase" addition was started in 1999. Phase 1,
completed in 2002, demolished the JFK Theater and added exhibit space, meeting space, and
ballroom space. Phase 2 was completed the following year, adding more exhibit space, meeting
space, and office space and giving the facility its current look.
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A 2014 "market and financial feasibility study" recommended renovation and expansion of the Fort
Worth Convention Center in order to better compete and serve multiple events. This study was
updated in 2019, and based on these recommendations, in January of 2020 a Request for
Qualifications (RFQ) for a project management firm was published in the Fort Worth Star-Telegram
and emailed to local and national project management firms.
Nine highly qualified project management teams responded to this RFQ. A selection team (comprised
of members of the Public Events Department, Property Management Department, and representatives
of Fort Worth downtown stakeholders) shortlisted three firms for interviews. These firms were AECOM
Technical Services, Inc., Broaddus &Associates, Inc., and WT Partnership.
Interviews were held in March of 2020 as the COVID-19 crisis escalated. These interviews showed all
three teams were highly qualified and capable of providing the required staffing and expertise. Before
a selection was formally recommended, it became clear that COVID-19 would affect the tourism and
convention industry and the project funding and schedule. The selection process was suspended until
July 2021. At that time, members of the selection team conducted follow up interviews with the three
project management teams. It was determined at that time that Broaddus &Associates, Inc. was
currently the most qualified and most capable of providing the required staffing and expertise.
Diversity & Inclusion: Broaddus &Associates, Inc. is in compliance with the Business Equity
Ordinance by committing to the 26.31\% Business Equity participation. The City's Business Equity
goal on this project is 25\%.
The expansion will be conducted in two phases, referred to as Phase 3A and Phase 3B. ARPA
allocations in this M&C will be applied towards Phase 3A, which will relocate the kitchens, demolish
the annex on the east side of the exhibit halls, and straighten out Commerce Street (allowing future
development of a hotel). Phase 313 will demolish the arena, allowing construction of new exhibit hall
and convention space, parking and other support elements. Phase 313 will also complete the
remodeling of the existing facility.
The Phase 3A budget is listed in the table below:
r FWCC EXPANSION - PHASE 3A COST
FlProject Management Contract Fee $2�27.00
i
F Design Contract Fee F
$3,000,000.00
CMAR Construction Contract (Including Owners
Construction Contingency Allowance) $44,000,000.00
Administration Costs, FFE, Etc. $2,686,073.00
TOTAL $52,000,000.00
ALLOCATION OF ARPA SUBTITLE M FUNDING
Based on current projections, it is anticipated the ARPA appropriation of$52,000,000.00 will be split
so that approximately $40,000,000.00 is allocated to the renovation of the facility and $12,000,000.00
for Commerce Street infrastructure. The allocation between the two parts of the project may be
adjusted as it moves forward, but the total allocation of ARPA funding would not be increased without
City Council approval.
ARPA allows local governments to expend funds to respond to the negative economic impacts of
COVID, with Subsection 603(c)(1)(A) of Title VI of the Social Security Act (added by ARPA)
specifically authorizing aid to "impacted industries such as tourism, travel, and hospitality." In addition
Section 603(c)(1)(C) provides that ARPA can be used to replace revenue lost as a result of the
COVID-19 public health emergency, with such funds eligible to be used for the provision of
government services. Treasury guidance construing the revenue recovery provision indicates such
funds can generally be used for any purpose for which a city could use its own funds, subject to
certain narrow exceptions that are not applicable here.
The renovation of the Fort Worth Convention Center will assist in the on-going recovery effort in the
City's tourism, travel, and hospitality economic sectors, and the realignment of Commerce Street
should not only benefit the tourism sector (by facilitating development of a hotel) but is also a project
for which other City funds could be expended, meaning it is an eligible use of revenue recovery
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dollars. The project was therefore determined to be a qualified priority by City Management for ARPA
funding as approved by the City Council in M&C 21-0445 on June 22, 2021.
Funding allocated by this M&C, in the total amount of$52,000,000.00, will be provided to the project
in the amounts of$20,000,000.00 from tranche 1 of ARPA funding received May 19, 2021, and
$32,000,000.00 from tranche 2, to be received on or before May 19, 2022. Adoption of the
appropriation ordinance associated with Recommendation 3 will set up the capital funding structure.
The ordinance recommended for adoption under Recommendation 4 reallocates residual prior capital
appropriations of$1,546.12, remaining from before the project's suspension, to convert the FWCC
Expansion & Project Management (City Project No. 102582) from a programmable project to a static
captial project. This action is needed as the status of this project now differs with the addition of grant
funding.
The ARPA funding must be committed by December 31, 2024 and spent by December 31, 2026.
Staff foresees no issue meeting that timeline, and necessary reporting and documentation
requirements of the ARPA legislation will be adhered to.
The following chart reflects the current status for allocation of the City's ARPA funding under Subtitle
M, including all M&Cs on the November 30, 2021 Council Agenda:
M&Cs
Total CFW 21-0445 362021 AMERICAN
ARPA Subtitle $173,745,090.00 RESCUE PLAN
M Funding
Allocations
Approved $ 6,000,000.00 21-0794 25ARPA-VFW-TDG
To- Date
Allocations 21-0805 13ARPA-
Approved $ 1,000,000.00 ADMINISTRATION
To- Date
Allocations 21-0810 17ARPA
Approved $ 4,245,533.42 ALLOCATIONS EVANS &
To- Date ROSEDALE
REDEVELOPMENT
Allocations 21-0809 17ARPA
Approved $ 3,000,000.00 ALLOCATION CDFI
To- Date FRIENDLY AMERICA
Allocations 21-0811 17ARPA
Approved $ 2,400,000.00 ALLOCATIONS TO UNTHSC
To- Date TECHSTARS
Allocations 21-0814 19ARPA
Approved $ 10,100,000.00 ALLOCATIONS TO HOUSING
To- Date AND HUMAN SERVICES
PROJECTS
Allocations 21-0820 25ARPA-WRMC
Approved $ 300,000.00 MURAL PLAQUES
To- Date
Pending $ 8,000,000.00 23ARPA-VACCINATIONS AND
Allocation TESTING
Pending $ 4,560,000.00 25ARPA-
Allocation PED\ CAPITAL\ RESTORE
Pending $ 15,000,000.00 21 FUTURE CITY HALL ARPA
Allocation AND PEG FUNDING
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Pending 21ARPA-FWCC EXPANSION
Allocation $ 52,000,000.00 FUNDING & PROJECT
MANAGEMENT (This M&C)
Remaining
Unallocated $ 67,139,556.58
Balance
The Fort Worth Convention Center is located in COUNCIL DISTRICT 9 but will benefit all council
districts.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the Grants Operating Federal Fund, and
that upon approval of the above recommendations and adoption of the attached appropriation
ordinances funds will be available in the Grants Cap Projects Federal Fund FWCC Expansion & Prj
Mgmt project. Prior to an expenditure being incurred, the Public Events Department and Property
Management Department have the responsibility of verifying the availability of funds. Grant funds will
be transferred to the Grants Cap Projects Federal Fund for the projects on a reimbursement basis.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund I Department Account Project Program Activity Budget Reference # Amount
ID ID t I Year (Chartfield 2)
Submitted for City Manager's Office by_ Dana Burghdoff(8018)
Originating Department Head: Steve Cooke (5134)
Additional Information Contact: Brian Glass (8088)
ATTACHMENTS
FWCC Expansion PM map.pdf
Grants Capital Fund Federal 31001 A022 Rec 3,pdf
Pub Events Cap Proj Fund AO 30205 (Rec 4),pdf
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