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HomeMy WebLinkAboutContract 57206 CSC No. 57206 CITY OF FORT WORTH, TEXAS AGREEMENT FOR ARCHITECTURAL SERVICES FUTURE CITY HALL PROGRAM This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and BOKA Powell, LLC., authorized to do business in Texas, an independent contractor ("Architect"), for a PROJECT generally described as: Future City Hall. The Agreement documents shall include the following: 1. This Standard Agreement for Professional Services; 2. Attachment "A"— Scope of Services; Attachment "A", 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 Attachment "A" 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 referenced in Architect's Proposal dated 11/3/2021 and attached hereto as Attachment "A". These services shall be performed in connection with Future City Hall. 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, the City expands the scope of services, or the Architect believes the City has requested services that are beyond the scope of this Agreement, the Architect shall submit a proposal for additional fees and a written agreement shall be reached on said proposal prior to the Architect proceeding with the work considered to be beyond the scope of this Agreement. The Architect shall not perform any additional services without a written agreement with the 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 the 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. Standard Architectural Agreement OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX (4) The Architect shall advise the City as to the necessity of the City's providing or obtaining additional services and data from others required in connection with the Project at the 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 the City's representative in connection with any such services of others. (5) The Construction Budget for this project shall be approximately $100,000,000.00. Article II Compensation (1) The Architect shall be compensated (Fee and Reimbursable Expenses) in accordance with the Fee Schedule shown in section (3) of this article. As described in Attachment "A". However the total fee paid by the City shall not exceed a total of $5,460,279.00 unless the City and the Architect mutually agree upon a fee amount for additional services and amend this Agreement accordingly. (2) Acceptance by Architect of said payment shall operate as and shall release the city from all claims or liabilities under this Agreement for payment for the services rendered and billed for which such payment is made, it being understood that pending claims for additional compensation properly made by the Architect pursuant to Article I shall not be encompassed by such release. (3) The Architect shall be paid the following percentages of the total fee at the following stages of the Project: a. Completion of Programming and Schematic Design and Opinion of Probable Construction Cost 20% b. Completion of Design Development and Opinion of Probable Construction Cost 40% c. Completion of Construction Documents and Opinion of Probable Construction Cost 75% d. Action by City Council to accept bids 80% e. Final acceptance of the Project by the City 100% However the total fee paid by the City shall not exceed a total as defined in Article II, Compensation. Standard Architectural Agreement 9/27/2021 2 (4) Reimbursement of allowable expenses shall have 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 the City. (5) The Architect shall provide monthly invoices to the 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. (6) Acceptance by Architect 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. (7) Upon completion, the Architect may, at its option, utilize the Project to qualify for the Energy Efficient Commercial Building Federal Tax Deduction (179D) as permitted under IRS guidelines. If requested, the Owner shall acknowledge the Architect as the "Designer" of the Project by completing an allocation form (that Architect will provide) and shall allow the Architect's independent third-party evaluation firm (and its licensed inspector) reasonable access to perform a one- time, on-site inspection and certification of the Project's HVAC, interior lighting and/or building envelope systems. Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 26 - months, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. In the event construction services extends beyond the 26-months, an equitable adjustment to the Architectural Services Contract Sum will be made by Amendment. Standard Architectural Agreement 9/27/2021 3 Article IV Independent Contractor Architect shall operate hereunder as an independent contractor, and not as an officer, servant, or employee of the 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, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Architect, its officers, 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 shall comply in all aspects with the applicable local, state and federal laws and with the 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 Architect or its officers, employees, consultants and sub-consultants for the sufficient accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Architect shall, on a comparative basis, indemnify and hold harmless, 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 consultant or sub-consultant committed by the Architect or its sub consultants, Architect under contract, or another entity over which the Architect's exercises control. Article VI Procedures for Providing Architectural Services (1) The Architect agrees to commit the personnel to each assignment of the Project as appropriate in order to complete the Project in an expeditious manner. The Architect shall meet with the 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: R. Andrew Bennett, AIA Project Manager: Mark Dabney, AIA Standard Architectural Agreement 9/27/2021 4 The Architect may not change key personnel without the City's written approval. (2) Programming and Schematic Design Phase: a. The Architect shall become familiar with the site and scope of the Project. b. The Architect shall consult with the City to clarify and define the City's requirements relative to the Project and review available data. c. The Architect shall become familiar with the City's current document "Facilities Division DESIGN GUIDELINES for New and Existing Facilities"and Future City Hall Space standards to review and incorporate where feasible. d. The Architect shall prepare a written Program Design Manual defining project goals, program, architectural concepts, site and floor plans, principal equipment, finishes and area-based cost estimates. e. The Architect shall assist the Owner with the selection of a CMAR Contractor. f. The Architect shall pay for the printing of contract documents required for design submittals and presentations as a part of the reimbursable allowance. g. Architect shall not proceed to the Design Phase until the City has provided written approved of the Program Design Manual. (3) Design Phase: a. The 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. The Architect shall work through the Design Phase with the Owner and CMAR Contractor to obtain a Guaranteed Maximum Price. d. The Architect shall prepare presentation graphics (plans, elevations, etc.) and present at two (2) City meetings (if required) during the design of the project. e. The Architect shall prepare the design in two stages as follows: i. Design Development Phase: Preparation of architectural, civil, iSWM, structural, MEP plans, principal elevations, site plans, cartoon set, selection of principal equipment and finishes, and discipline-based opinion of probable construction costs. Upon written approval of this phase of the work, the Architect may proceed to the Construction Document Phase. ii. Construction Document Phase: Preparation of details, architectural, structural, mechanical, electrical, and plumbing plans, finishes Standard Architectural Agreement 9/27/2021 5 schedules, detailed technical specifications, and detailed opinion of probable construction costs. f. 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, site plans for all disciplines will be at same scale. g. The Architect shall provide such service as may be necessary for the building permits to be issued. The City shall pay any fees for such Building Permits. The City or contractor shall apply for building permits. h. The Architect, at the 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. i. 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, the City will bear the construction costs associated with enhancements. The Architect will reimburse the 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, excluding any betterment to the City. j. The Architect shall upload the electronic files in PDF format to the City's online bidding site. (4) Bidding Phase: a. Bidding will be led by CMAR. The Architect shall assist and respond to Contractors' inquiries, prepare necessary addenda, and conduct the Pre- Proposal Conference, and participate in the General Contractor selection process. b. Following bidding, the Architect shall review and determine, according to information and belief, the qualifications of up to five (5) bidders. (5) Responsibility for Construction Cost a. The Construction Budget for the Project shall be defined by the City. b. The Architect shall provide to the City a review of the CMAR Contactor's opinion of probable construction cost at the submission of each phase, and make the necessary adjustments to the project to remain in budget. A final estimate will Standard Architectural Agreement 9/27/2021 6 be presented by the CMAR Contractor. Once the City, Architect and CMAR Contractor agree on the final estimate, the contractor may initiate a bid process to obtain a Guaranteed Maximum Price. (6) Construction Phase: a. The Architect shall assist the City with review and approval of submittals and proposed change orders concerning the Contractor, and shall review and advise the City with respect to the resolution of construction issues, including Contractor Request for Information, Submittals, Change Orders, Contingency Allowance Forms, Field Orders, etc. The Architect shall visit the site at interval appropriate to the stage of construction to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive of continuous on-site inspection to check the quality or quantity of the Work. On the basis of the site visits, the Architect will keep the city reasonably informed about the progress and quality of the portion of the Work Completed and make written report to the City (1) known deficiencies from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect shall not be responsible or liable for construction means, methods sequencies, techniques, procedures and safety precautions in connection with the Work or failure of the contractor to construct the project in accordance with the construction documents. Architect shall be responsible for its own negligence. b. The Architect shall attend progress meeting at the job site every other week. c. At the completion of construction, the Architect shall conduct and document the final observation of the Work and assist the City on the resolution of construction or design deficiencies. "Work" as used herein, shall mean those project elements and systems within Architect's scope of services addressed herein. d. The Architect will review contractor's pay requests. e. The Architect will conduct final acceptance and end of warranty inspections with representatives of the City and issue AIA G704 Certificate of Substantial Completion with City approval. f. The Architect shall provide electronic copies of the drawings and specifications in a format acceptable to the Contractor for the Contractor's preparation of "Record Drawings" for the City's archives. g. At the end of the project, the Architect use field notes, contractor provided "Record Drawings" and other data will provide "As Built Drawings" in AutoCAD format or other format as determined by the City. Standard Architectural Agreement 9/27/2021 7 (7) All designs, drawings, specifications, documents, and other work products of the 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 the City or by others acting through or on behalf of the City of any such instruments of service without the written permission of the Architect will be at the City's sole risk. The City shall own the final designs, drawings, specifications and documents. Transfer of ownership of the contract documents does not constitute sale of the documents. Notwithstanding anything to the contrary herein, the Architect and its subconsultants shall retain all rights to their Standard Details, Drawings and Specifications in place prior to the execution of this Agreement. Article VII City Responsibilities (1) Brian Glass, City Architect, will act as the 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 the Architect's services. (2) Provide criteria and information as to City's requirements. (3) Assist the 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 the Architect to enter upon public and private property as may be required for the 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 the 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. Standard Architectural Agreement 9/27/2021 8 (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 the City has approved such insurance, nor shall Architect allow any subconsultants to commence work on its subcontract until all similar insurance of the subconsultants has been so obtained and approval given by the City; provided, however, Architect 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 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 $170007000 Errors & Omissions $270007000 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, and employees shall be endorsed as an additional insured on Architect's insurance policies. Standard Architectural Agreement 9/27/2021 9 b. Certificates of insurance shall be delivered to the Property Management Department, Attention: Brian R. Glass, AIA, Architectural Services Manager, 401 West 13t" Street, Fort Worth, Texas 76102, 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. 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 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. Standard Architectural Agreement 9/27/2021 10 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 the City. Article X Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days written notice. Either the City or the Architect for cause may terminate this Agreement if either Party fails substantially to 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 under Article IX, 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. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, , employees, Architects, or contractors, or prepared by Architect, 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 XI Right to Audit (1) Architect 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 Architect involving transactions relating to this Agreement. Architect 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 Architect reasonable advance notice of intended audits. Standard Architectural Agreement 9/27/2021 11 (2) Architect 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 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. The 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 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. 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. 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, on a comparative basis, to indemnify and hold harmless City and all of its officers, employees from and against all legally recoverable claims or liability arising out of the violation of any such order, law, Standard Architectural Agreement 9/27/2021 12 ordinance, or regulation, whether it be by itself or its employees. Architect shall not be required to indemnify the Owner for the Owner's own negligent acts or omissions. 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. Article XVII Immigration Nationality Act City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Architect shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Architect shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity Standard Architectural Agreement 9/27/2021 13 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. Architect 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. Architect shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Architect 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 Architect. Article XVIII Prohibition on Boycotting Energy Companies Architect 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 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, Architect certifies that Architect's signature provides written verification to the City that Architect: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XIX Prohibition on Discrimination Against Firearm and Ammunition Industries Architect 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. 197 § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Architect certifies that Architect's signature provides Standard Architectural Agreement 9/27/2021 14 written verification to the City that Architect: (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. Article XXI No Boycott of Israel If Architect has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Architect 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, Architect certifies that Architect's signature provides written verification to City that Architect: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. Article XXII 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 13t" Street Fort Worth, Texas 76103 Architect: BOKA Powell, LLC Attn: Mark Dabney, AIA, Principal 777 Taylor Street, Suite 830 Fort Worth, Texas 76102 Article XXIII 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. Standard Architectural Agreement 9/27/2021 15 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 BY: BY: CITY OF FORT WORTH ARCHITECT BOKA Powell, LLC 21 Dana Burghdoff(Mar 4,202 4:28 CST) r RAndrew Bennett(-eb 16,202210:38 CST) Dana Burghdoff Name: R. Andrew Bennett, AIA NCARB Assistant City Manager Title: Principal Date: Mar 4,2022 Date: Feb 16,2022 APPROVASL RECOMMENDED: By:Steve(Mar 4,2022 09 Steve Cooke Property Management Department APPROVED AS TO FORM AND M&C No.: 21-0903 LEGALITY By. ? M&C Date: 11-30-2021 John B. Strong Assistant City Attorney 1000 0000o�o ° avgo 0 00ATTEST ,0o ooJannette S.Goodall(Mar4,202215:23 CST) =d d�Jannette Goodall � 0o00o00000000 City Secretary �44�exAsq�p CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitorin/Ag�a_nd administration of this contract, including ensuring all performance and reporting requirements. 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. Standard Architectural Agreement OFFICIAL RECORD 16 CITY SECRETARY FT. WORTH, TX ATTACHMENT "A" 1 IIOctober 22, 2021(revised 02/11,/2022) Chris W.Barnes Mr. Brian R. Glass,AIA John E.Orfield Architectural Services Manager R.Andrew Bennett City of Fort Worth Donald R.Powell 401 West 13th Street Fort Worth,Texas 76102 777 Taylor Street Suite 830 Re: Future City Hall Fort Worth,Texas 76102 Fort Worth,Texas Tel 817.882.9797 www.bokapowell.com Dear Brian: architecture interiors BOKA Powell is pleased to submit this proposal for the proposed Future City Hall project located at planning 100 Energy Way in Fort Worth,Texas.This proposal provides for Architectura I&Engineering building graphics documentation &site coordination services for the proposed phases of work. strategy PROJECT DESCRIPTION We understand the Project to include interior design and documentation of approximately 252,162 GSF within an existing 20-story, high-rise Office Building, and new design of a 15,000 GSF Council Chambers Building. Stakeholder Voice Facilitation and Programming Services will be provided as described below. BOKA Powell will serve as the Prime Consultant for the overall project overseeing the Consultant Team for design of the new Council Chambers Building, interior renovation of the existing high-rise office building, parking garage expansion and site development.The collaborative Consultant Team is comprised of 16 consultants. We understand the Project Delivery method to be Construction Manager at Risk. SCOPE OF SERVICES BOKA Powell's services shall be provided in consecutive phases as described below. The project will be documented utilizing BIM software. 1. Stakeholder Engagement BOKA Powell will work directly with K Strategies to build on the internal and external stakeholder engagement process that began in the preliminary programming phase. Departmental and Citizen engagement surveys and meetings will be conducted to inform final programming and design decisions through the Design Development Phase. Follow up informative meetings will also be held during later design phases. 2. Programming Based on the preliminary programming documents developed by the Program Manager, BSW and BOKA Powell will develop the final program,stacking and adjacency diagrams and preliminary space plans for the Council Chambers Building and City Hall Tower. The Design Team will coordinate with the Program Manager and City Staff as well as the Stakeholder Engagement consultant to integrate city department feedback and citizen comments. 3. Existing Building Assessment Purdy McGuire and CDC will perform a limited building assessment for the existing City Hall Tower building. Purdy McGuire will evaluate the overall HVAC system for new occupant load as Dallas well as evaluate the current conditions of those systems.CDC will evaluate the overall For:Worth condition of the existing curtainwall system and exterior sealant systems. CDC's evaluation Austin Mr. Brian Glass City of Fort Worth October 22,2021 Page 2 of 6 will be based on conditions visible from the ground as well as drone footage provided by the City of Fort Worth. 4. Existing Parking Garage Expansion Assessment/Analysis BOKA Powell and JQ will evaluate the existing parking garage for expansion.JQ will perform a structural analysis, based on the existing drawings provided by the City of Fort Worth,to determine if the garage can be expanded vertically by adding additional parking decks. BOKA Powell will review the existing garage to determine if existing egress systems will meet current building codes requirements,accessibility requirements can be met and the expandability of existing elevators. 5. Schematic Design(herein "SD"or"SD's") Based on the approved program, final determination of GSF and the owner's budget confirmation, BOKA Powell will coordinate with the consultant team to generate Schematic Design drawings and preliminary specifications.The Design Team will also provide 3-D building massing,and fenestration concepts for the Council Chambers Building. Reviews with the City will be held regarding zoning, building codes, construction,fire department requirements and the permitting process. Deliverables will include site plan options and massing studies,floor plans, elevations, overall sections, initial interior and exterior building material selections and in-house renderings(3). Progress status and Owner's review will occur at the 30%, 60%and 90% milestones to review scope, budget alignment and incorporation of Owner feedback. 6. Design Development(herein 'DD"or"DD's") Based on approved Schematic Design and reconfirmation of the owner's budget, BOKA Powell and the consultant team will prepare Design Development documents, updated specifications,and other documents to further describe the size and character of the building. Reviews with the DFWI Design Review Committee and the City's Downtown Design Review Board will be held regarding compliance with the Downtown Design Guidelines in order to obtain a Certificate of Appropriateness.The team will develop wall sections and some details as well as coordinate the consultant design and documentation process. Deliverables will include site plan,floor plans, ceiling plans, elevations, overall sections,wall sections and updated in-house renderings (3). Design Development documents will be developed using Revit. Progress status and Owner's review will occur at the 30%, 60%and 90% milestones to review scope, budget alignment and incorporation of Owner feedback. 7. Contract Documents(herein "CD'or "CD's') Based on the approved Design Development drawings, BOKA Powell and the consultant team will prepare Contract Documents and Specifications for the purposes of permitting and construction. BOKA Powell will review,and coordinate documents prepared by the project consultants for incorporation into the contract documents. Contract Documents will be developed using Revit. Progress status and Owner's review will occur at the 30%, 60%and 90% milestones to review scope, budget alignment and incorporation of Owner feedback. 8. Furniture Selection Services BOKA Powell and the consultant team will provide furniture selection services for the Council Chambers Building and City Hall Tower as follows: • Work with the Program Manager and City Staff in evaluating both systems furniture (offices and workstations) as well as ancillary furniture (conference room, training, breakroom, collaboration spaces).This process will include furniture showroom tours that will inform the typicals we want to provide the departments. • Develop a preliminary furniture budget in collaboration with the Program Manager. • Develop specifications and bidding package(including a furniture pricing spreadsheet, specifications, floor plans, bid letter and furniture matrix) with a short list of two (2) furniture vendors for typical furniture workstations and offices Mr. Brian Glass City of Fort Worth October 22,2021 Page 3 of 6 • Prepare electronic drawing files of the final space plans for use by the selected Furniture Vendor/Installer to be used for purposes of reference and coordination. • Work with the furniture manufacturer to provide the client with a sit test of the final product. (Client must sit in all pieces of furniture for approval if available locally) • Review Purchase Orders to verify compliance with design specifications. • Provide furniture selections, including finish selections, for ancillary areas, including lobby, collaboration spaces, mail room,and phone rooms. The Selected Furniture Vendor/Installers Responsibilities will be as follows: • Verify actual existing construction conditions. • After site survey, prepare installation drawings including coded plans showing location of new furniture, panel systems, wall-hung systems, and associated electrical and voice/data outlets. • Evaluate conditions atthe site and coordinate the floor slab layout of systems furniture with the selected furniture manufacturer for the purpose of electrical and communications outlet placement. • Prepare and submit final pricing and furniture installation drawings. • Monitor the manufacturing progress and evaluate and report progress coordinating with the Project Schedule. • Assist in developing List of Deficiencies for furniture. 9. General Contractor Selection/Project Delivery Method BOKA Powell will assist the owner in selecting a qualified General Contractor by providing input on selection criteria and attending candidate interviews. BOKA Powell and the consultant team will work with the selected Construction Manager at Risk throughout each design phase to track project costs and schedule. 10. Construction Administration(herein `CA") BOKA Powell and the consultant team will observe the development and progress of the work to verify that work is being constructed in accordance with the contract documents and approved shop drawings. Periodic site visits will be made as required, depending upon the stage of construction,to determine if the work complies with the statutory requirements for the State of Texas and in accordance with the contract documents.This proposal is based on an 18-month, multi-phased construction duration. Construction administration services that extend beyond 18 months will require additional services. COMPENSATION BOKA Powell proposes to be compensated for the Future City Hall project in a lump sum fee of Five Million, Four Hundred Sixty Thousand,Two Hundred Seventy-nine and 00/100 dollars ($5,460,279.00). Initial Contract Amount Programming - BSW.......................................................................................$92,520.00 Full Contract Amount(to be Added) Architecture/Interiors Tower- BOKA Powell ............................................$2,211,955.00 Architecture/Interiors Council Chambers - BSW....................................$1,063,357.00 Structural -JQ..............................................................................................$330,000.00 M/E/P - Purdy McGuire ..............................................................................$263,450.00 LEED Gold Design (Council Chambers) - Purdy McGuire...............................$8,250.00 LEED Gold Energy Modeling(Council Chambers) - Purdy McGuire.............$11,000.00 MEP Existing Building Assessment - Purdy-McGuire......................................$5,500.00 Existing Building Exterior Assessment - CDC................................................$20,350.00 Civil - Carrillo Engineering...........................................................................$165,000.00 Landscape Architecture - CCA....................................................................$100,086.00 Mr. Brian Glass City of Fort Worth October 22,2021 Page 4 of 6 Interior/Exterior Lighting Design - Essential Lighting................................$197,973.00 DC Low Voltage Lighting Feasibility Study - Sinclair Digital...........................$9,474.00 Low Voltage/Audio/Video/Security- ME.....................................................$247,500.00 Elevators/Vertical Transportation - Barbre....................................................$77,000.00 Signage/Wayfinding - RSM.........................................................................$111,100.00 Acoustical - Saunders....................................................................................$53,460.00 Building Envelop - CDC..................................................................................$22,000.00 Accessibility - Access by Design....................................................................$33,000.00 Building Code/Life Safety - WJE.................................................................$107,800.00 Construction Cost Estimating - CCM..........................................................$109,504.00 Stakeholder Engagement - K Strategies...................................................$220,000.00 TOTAL A/E FEE..........................................................................................$5,460,279.00 OPTIONAVADDITIONAL SERVICES Artwork/Graphics -Tower...........................................................................$206,500.00 Artwork/Graphics - Council Chambers..........................................................$75,000.00 Commissioning - Campos Engineering.........................................................$11,000.00 Easement Abandonment - Carrillo..................................................................$8,800.00 Franchise Utility Coordination - Carrillo..........................................................$4,400.00 Flood Plain Development Permit......................................................................$5,500.00 IECC Energy Modeling- Purdy McGuire..........................................................$4,125.00 DC Low Voltage Lighting Design - Sinclair Digital......................................$189,475.00 Green Stormwater Infrastructure(GSI) - CCA...............................................$19,575.00 Kitchen/Food Service Design - Worrell.........................................................$44,000.00 Structural Modifications to City Hall Tower - JQ........................................$176,000.00 Note:see attached Exhibit Afor fee breakout by phase CLARIFICATIONS/SPECIFIC EXCLUSIONS 1. Out-of-House renderings and models 2. Additional consultants such as soil testing, materials testing, environmental, water features/fountains,food service, and any additional outside consultants not specifically listed above that may be required by the project are excluded 3. Site Visits during the CA Phase in addition to those included in Basic Services or site visits related to owner or general contractor-initiated changes 4. LEED Documentation 5. Enhanced Commissioning 6. Additional Expansion to the existing parking garage beyond 2-levels 7. Structural modifications to the existing Tower building 8. Documentation of existing furniture layout and equipment to be relocated 9. Design and detailing of tornado shelters or safe rooms 10. Design and detailing for building hardening or blast protection 11. Analysis of existing Tower structure for new loads, equipment, or modifications 12. Existing Tower Building Assessment other than described in this proposal 13. Design/Modification to existing Tower base building infrastructure including air distribution system, cold water, hot water, sanitary waste and vent and electrical sources 14. Electrical upgrades to existing Tower including emergency generator system and UPS systems 15. Upgrades to existing Tower outside air/ventilation system 16. Platting Services 17. Traffic Impact Analysis 18. Community Facilities Agreement(CFA) Mr. Brian Glass City of Fort Worth October 22,2021 Page 5 of 6 19. Drainage Study/ISWM (not required if disturbing less than one acre) 20. Grading Permit 21. Flood Study 22. Detention Facility Design (not required due to location near flood plain) 23. Boundary Survey 24. New surface Parking Lot 25. All consultant fees include 10% markup COMPENSATION FOR ADDITIONAL SERVICES We propose to be compensated for Add Services on an hourly basis at our Standard Rates. Standard Hourly Rates PrincipalI...................................................................................................................................$ 300.00 Principal11..................................................................................................................................$ 250.00 AssociatePrincipal....................................................................................................................$ 200.00 Sr. Project Manager..................................................................................................................$ 185.00 Sr. Project Architect ..................................................................................................................$ 185.00 Sr. Project Designer..................................................................................................................$ 185.00 Sr. Interior Project Manager ....................................................................................................$ 165.00 Sr. Interior Project Designer ....................................................................................................$ 165.00 ProjectManager........................................................................................................................$ 160.00 ProjectArchitect........................................................................................................................$ 160.00 ProjectDesigner........................................................................................................................$ 160.00 Construction Administrator ......................................................................................................$ 160.00 GraphicDesigner ......................................................................................................................$ 160.00 Interior Project Manager ..........................................................................................................$ 140.00 Interior Project Designer ..........................................................................................................$ 140.00 Professional Staff III..................................................................................................................$ 120.00 Professional Staff 11...................................................................................................................$ 105.00 ProfessionalStaff I..................................................................................................................... $ 90.00 Administrative............................................................................................................................. $ 75.00 CONTRACTUAL AGREEMENT The City of Fort Worth will provide a Standard Agreement for Architectural Services. REIMBURSABLE EXPENSES Reimbursable expenses are in addition to Basic Compensation and shall be at a multiple of one and one-tenth (1.1) times the actual expense. Reimbursable expenses include expenditures for travel, long distance telephone calls, printing and printing supplies costs, plotting, out-of-house renderings, photography, fees paid for securing approval of authorities, postage and delivery & handling of all materials. PAYMENT Invoices will be issued monthly based on the percentage complete of Basic Services on behalf of the project,any additional services on an hourly basis,and reimbursable expenses incurred during the previous month. Payment for services and reimbursable expenses will be due within thirty(30) days of Owner's receipt of invoice. Invoices remaining unpaid for an additional thirty days(total of sixty (60) days) will result in a suspension of work pending receipt of payment or mutually acceptable settlement. CONCLUSION Thank you for the opportunity to submit this proposal.We would be pleased to discuss any portion of the proposal with you. Once again,thank you for your consideration and we look forward to being a member of your project team. Mr. Brian Glass City of Fort Worth October 22,2021 Page 6 of 6 Your signature below indicates your acceptance of all conditions herein stated and shall authorize BOKA Powell to proceed with this project. Upon approval, please sign both originals,retain one copy for your files,and return one copy to our office. Sincerely, Approved and Accepted: BOKA Powell, LLC This day of , 2022 City of Fort Worth R.Andrew Bennett,AIA By: Principal Title: 6 Mark Dabney,AIA NCAR Principal 'The Texas Board of Architectural Examiners, Hobby Building,333 Guadalupe,Suite 2-350,Austin, Texas 78701, telephone: 512-305-9000,has jurisdiction over individuals licensed under the Architects' Registration Law, Texas Civil Statutes,Article 249a." City of Fort Worth, Texas Mayor and Council Communication DATE: 11/30/21 M&C FILE NUMBER: M&C 21-0903 LOG NAME: 21 FUTURE CITY HALL ARCHITECTURAL SERVICES SUBJECT (ALL)Authorize Execution of a Professional Services Agreement with BOKA Powell, LLC, in the Amount Up to$5,460,279.00, Including Reimbursable Expenses, for Design and Construction Administration Services Associated with the Relocation of City Hall to 100 Energy Way RECOMMENDATION: It is recommended that the City Council authorize execution of a professional services agreement with BOKA Powell, LLC, in the amount up to$5,460,279.00, including reimbursable expenses,for design and construction administration services associated with the relocation of City Hall to 100 Energy Way DISCUSSION: The purpose of this Mayor and City Council Communication(M&C) is to recommend that the City Council authorize execution of a professional services agreement with BOKA Powell, LLC, in the not-to-exceed amount of$5,460,279.00, including reimbursable expenses,for design and construction administration services associated with the relocation of City Hall to 100 Energy Way. This inital contract will accomplish the majority of design work that has been affirmed so far, but amendments may be required as additional work is defined. On December 15th, 2020,the City Council authorized the acquisition of the former Pier 1 building, located at 100 Energy Way,for use as the future City Hall(M&C 20-0910). On June 22nd, 2021,the City Council authorized execution of Amendment No. 1 to the professional services agreement with the Athenian Group, LLC,for multi-year project management services associated with the relocation of City Hall to 100 Energy Way(M&C 21-0429).The Athenian Group, LLC has conducted detailed assessment of the departments and functions associated with the relocation. They have provided a written program and illustrated diagrams to make recommendations regarding what departments would move and where they would be located at the future city hall. On August 12th, 2021,the Athenian Group and the Property Management Department issued a Request for Qualifications,to select an architect and engineering team to provide design and construction administration services for the construction required to remodel 100 Energy Way and make it suitable for use as Fort Worth's City Hall. Statements of Qualifications(SOQs)were due September 9th, 2021.The City received 11 SOQs from qualified architectural firms.The selection committee included representatives from the City Manager's Office, City Hall Steering Committee, Property Management Department, Diversity, Inclusion Business Equity Office,and the Athenian Group.The firms submitting SOQs were: • BOKA Powell • BR Architects&Engineers • Perkins&Will • Gensler • Bennett Partners • GFF Inc • Hahnfeld Hoffer Stanford • Huitt-Zollars • Page Southerland Page, Inc. • Randall Scott Architects • Smith Group After reviewing the SOQs,the committee met on September 17th, 2021,to selected 4 of the 11 firms for interviews based on their rankings in a qualifying matrix.The interviews took place September 24th, 2021 and the following is a summary of the results of the interview process: INTERVIEW SCORES BOKA POWELL LUITT-ZOLLARSI GENSLER PAGE SOUTHERLAND PAGE Firm Experience(30 points) 25 23 25 20 Technical Approach(25) 23 22 21 20 Team Member Qualifications(25) 24 11 23 191 20 Previous Similar Project(10) 11 8 1 10 0 8 Business Equity(10) 11 8.5 11 6.0 6.01 2.0 TOTALS 000) 88.5 84.0 80.0 70.0 IF I E The selection committee recommends that BOKA Powell, LLC, be selected for design and construction administration services for the new Fort Worth City Hall. Estimated Costs: The overall budget for the project is as follows, inclusive of project management and design fees: PROJECT COST AMOUNT Council Chambers New Construction $16,737,500.00 Floor Buildouts and Improvements $35,434,788.00 Parking Structure Addition $19,230,000.00 ITS,AV,and Security Elements $12,135,000.00 Building Infrastructure and Major Maintenance 71 $2,328,500.00 Furniture, Fixtures, Equipment and Moving Costs 1 $10,500,000.00 Project Contingency 11 $14,643,158.00 Original Building Purchase $69,500,000.00 Total Project Cost $180,508,946.00 Waiver of Building Permit Fees: In accordance with the City Code of Ordinances, Part II, Chapter 7-1 Fort Worth Building Administrative Code, Section 109.2.1, Exception 2;"Work by non-City personnel on property under the control of the City of Fort Worth shall be exempt from the permit fees only if the work is for action under a contract that will be or has been approved by City Council with notes in the contract packages stating the fee is waived." DIVERSITY AND INCLUSION BUSINESS EQUITY OFFICE: BOKA Powell, LLC is in compliance with the City's Business Equity Ordinance by committing to 26% Business Equity participation on this project.The City's Business Equity goal on this project is 25%. The future City Hall is to be 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 current capital budget, as previously appropriated, in the Tax Note 2021 A Fund for the City Hall Move 100 Energy Way project to support the approval of the above recommendation and execution of the amendment. Prior to any expenditure being incurred,the Property Management Department has the responsibility of verifying the availability of funds. Submitted for City Manager's Office by: Dana Burghdoff 8018 Originating Business Unit Head: Steve Cooke 5134 Additional Information Contact: Brian Glass 8088 Expedited Lczst updated by Dnntzld Pnwell nn Dec 07,2021 at 09.25 AM BOK4 POWELL,LLC �! SAM*OOV- BOKA POWELL, LLC DUNS Unique Entity ID SAM Unique Entity ID CAGE/NCAGE 077602621 QM2PVC4S7WK2 1 UVL2 Purpose of Registration Registration Status Expiration Date All Awards Active Dec 7,2022 Physical Address Mailing Address 8070 Park LN STE 300 8070 Park Lane Dallas,Texas 75231-6439 Suite 300 United States Dallas,Texas 75231-6439 United States Business Information Doing Business as Division Name Division Number B O K A POWELL (blank) (blank) Congressional District State/Country of Incorporation URL Texas 32 (blank)/(blank) http://www.bokapowell.com Registration Dates Activation Date Submission Date Initial Registration Date Dec 14,2021 Dec 7,2021 Apr 19,2010 Entity Dates Entity Start Date Fiscal Year End Close Date Nov 29,1999 Dec 31 Immediate Owner CAGE Legal Business Name (b Ian k) (b Ian k) Highest Level Owner CAGE Legal Business Name (b Ian k) (b Ian k) Executive Compensation Registrants in the System for Award Management(SAM)respond to the Executive Compensation questions in accordance with Section 6202 of P.L.110-252,amending the Federal Funding Accountability and Transparency Act(P.L.109-282).This information is not displayed in SAM.It is sent to USAspending.gov for display in association with an eligible award.Maintaining an active registration in SAM demonstrates the registrant responded to the questions. Proceedings Questions Registrants in the System for Award Management(SAM)respond to proceedings questions in accordance with FAR 52.209-7,FAR 52.209-9,or 2.C.F.R.200 Appendix XII.Their responses are not displayed in SAM.They are sent to FAPIIS.gov for display as applicable.Maintaining an active registration in SAM demonstrates the registrant responded to the proceedings questions. SAM Search Authorization I authorize my entity's non-sensitive information to be displayed in SAM public search results: Yes Business Types Entity Structure Entity Type Organization Factors Other Business or Organization Limited Liability Company Profit Structure For Profit Organization Socio-Economic Types Check the registrant's Reps&Certs,if present,under FAR 52.2123 or FAR 52.219-1 to determine if the entity is an SBA-certified HUBZone small business concern.Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the http.rJLrani.gnv/entiti/077h02h2UenreData?statuc—Active Page I nf2 Lczst updated by Dnntzld Pnwell nn Dec 07,2021 at 09.25 AM BOK4 POWELL,LLC SBA supplemental pages during registration. Financial Information Accepts Credit Card Payments Debt Subject To Offset No No EFT Indicator CAGE Code 0000 1 UVL2 Lvoints of Conta Electronic Business 8070 Park Lane Danielle Maczka Suite 300 Dallas,Texas 75231 United States CHRIS BARNES 8070 Park Lane Suite 300 Dallas,Texas 75231 United States Government Business 8070 Park Lane Danielle Maczka Suite 300 Dallas,Texas 75231 United States CHRIS W.BARNES 8070 Park Lane Suite 300 Dallas,Texas 75231 United States Service Classifications NAICS Codes Primary NAICS Codes NAICS Title Yes 541310 Architectural Services 541410 Interior Design Services 541430 Graphic Design Services This entity does not appear in the disaster response registry. http.rJLrani.gnv/entiti/077h02h2UenreData?statuc—Active Page 2 ,f2 M&C Review Pagel of 3 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FO_ TTWWO RTH Create New From This M&C REFERENCE 21 FUTURE CITY HALL DATE: 11/30/2021 NO.: M&C 21-0903 LOG NAME: ARCHITECTURAL SERVICES CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: (ALL) Authorize Execution of a Professional Services Agreement with BOKA Powell, LLC, in the Amount Up to $5,460,279.00, Including Reimbursable Expenses, for Design and Construction Administration Services Associated with the Relocation of City Hall to 100 Energy Way RECOMMENDATION: It is recommended that the City Council authorize execution of a professional services agreement with BOKA Powell, LLC, in the amount up to $5,460,279.00, including reimbursable expenses, for design and construction administration services associated with the relocation of City Hall to 100 Energy Way DISCUSSION: The purpose of this Mayor and City Council Communication (M&C) is to recommend that the City Council authorize execution of a professional services agreement with BOKA Powell, LLC, in the not- to-exceed amount of$5,460,279.00, including reimbursable expenses, for design and construction administration services associated with the relocation of City Hall to 100 Energy Way. This inital contract will accomplish the majority of design work that has been affirmed so far, but amendments may be required as additional work is defined. On December 15th, 2020, the City Council authorized the acquisition of the former Pier 1 building, located at 100 Energy Way, for use as the future City Hall (M&C 20-0910). On June 22nd, 2021, the City Council authorized execution of Amendment No. 1 to the professional services agreement with the Athenian Group, LLC, for multi-year project management services associated with the relocation of City Hall to 100 Energy Way (M&C 21-0429). The Athenian Group, LLC has conducted detailed assessment of the departments and functions associated with the relocation. They have provided a written program and illustrated diagrams to make recommendations regarding what departments would move and where they would be located at the future city hall. On August 12th, 2021, the Athenian Group and the Property Management Department issued a Request for Qualifications, to select an architect and engineering team to provide design and construction administration services for the construction required to remodel 100 Energy Way and make it suitable for use as Fort Worth's City Hall. Statements of Qualifications (SOQs)were due September 9th, 2021. The City received 11 SOQs from qualified architectural firms. The selection committee included representatives from the City Manager's Office, City Hall Steering Committee, Property Management Department, Diversity, Inclusion Business Equity Office, and the Athenian Group. The firms submitting SOQs were: BOKA Powell BR Architects & Engineers Perkins & Will Gensler Bennett Partners http://apps.cfwnet.org/council_packet/mc_review.asp?ID=29451&councildate=11/3 0/2021 2/2/2022 M&C Review Page 2 of 3 GFF Inc Hahnfeld Hoffer Stanford Huitt-Zollars Page Southerland Page, Inc. Randall Scott Architects Smith Group After reviewing the SOQs, the committee met on September 17th, 2021, to selected 4 of the 11 firms for interviews based on their rankings in a qualifying matrix. The interviews took place September 24th, 2021 and the following is a summary of the results of the interview process: INTERVIEW SCORES POWELL ZOLLARS GENSLER PAGE SOUTHERLAND Firm Experience (30 25 23 25 20 points) Technical Approach (25) 23 1 22 21 11 20 Team Member 24 23 19 20 Qualifications (25) Previous Similar Project 8 10 � 8 (10) Business Equity (10) 8. 1 6.0 6.0F 2.0 TOTALS (100) 88.5 84.0 80.0 70.0 The selection committee recommends that BOKA Powell, LLC, be selected for design and construction administration services for the new Fort Worth City Hall. Estimated Costs: The overall budget for the project is as follows, inclusive of project management and design fees: PROJECT COST AMOUNT Council Chambers New Construction $16,737,500.00 Floor Buildouts and Improvements $35,434,788.00 Parking Structure Addition $19,230,000.00 ITS, AV, and Security Elements $12,135,000.00 Building Infrastructure and Major Maintenance $2,328,500.00 Furniture, Fixtures, Equipment and Moving Costs $10,500,000.00 Project Contingency $14,643,158.00 Original Building Purchase $69,500,000.00 Total Project Cost $180,508,946.00 Waiver of Building Permit Fees: In accordance with the City Code of Ordinances, Part II, Chapter 7-1 Fort Worth Building Administrative Code, Section 109.2.1, Exception 2; "Work by non-City personnel on property under the control of the City of Fort Worth shall be exempt from the permit fees only if the work is for action under a contract that will be or has been approved by City Council with notes in the contract packages stating the fee is waived." http://apps.cfwnet.org/council_packet/mc—review.asp?ID=2945 I&councildate=l 1/3 0/2021 2/2/2022 M&C Review Page 3 of 3 DIVERSITY AND INCLUSION BUSINESS EQUITY OFFICE: BOKA Powell, LLC is in compliance with the City's Business Equity Ordinance by committing to 26\% Business Equity participation on this project. The City's Business Equity goal on this project is 25\%. The future City Hall is to be 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 current capital budget, as previously appropriated, in the Tax Note 2021 A Fund for the City Hall Move 100 Energy Way project to support the approval of the above recommendation and execution of the amendment. Prior to any expenditure being incurred, the Property Management Department has the responsibility of verifying the availability of funds. TO �Fund Department Account Project Program Activity Budget Reference# Amount � ID i ID i TYear (Chartfield 2)� 1 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID 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 103133 Budget Summary 10-5-2021.pdf (CFW Internal) 21 FUTURE CITY HALL ARCHITECTURAL SERVICES FID REV1Table.xlsx (CFW Internal) BOKA 1295 form.pdf (CFW Internal) Future City Hall Architectural Services map.pdf (Public) INC-GSAFSD5538192 - GSA Federal Service Desk Service Portal.pdf (CFW Internal) PMD-2021-11-08 Business Equity Compliance Memo -A&E Future City Hall - BGlass.pdf (CFW Internal) http:Happs.cfwnet.org/council_packet/mc_review.asp?ID=29451&councildate=11/3 0/2021 2/2/2022