HomeMy WebLinkAboutContract 57206-A2AMENDMENT NO. 2 TO AGREEMENT
STANDARD AGREEMENT FOR TECHNICAL SERVICES
Future City Hall Program
STATE OF TEXAS
CITY SECRETARY CONTRACT 57206-A2
COUNTY OF TARRANT
WHEREAS, The City of Fort Worth and BOKA Powell, LLC (Consultant) made and
entered into City Secretary Contract No. 57206 (The Contract) which was authorized by
the City Council by M&C C-21-0903, the 30th day of November,
2021, for architectural design services.
WHEREAS, further amendment is necessary to reimburse the Consultant as part of the
architectural services agreement for council chamber design additions approved by
City Council M&C C-23-0566, the 27th day of June, 2023.
NOW THEREFORE, City and Consultant, acting herein by and through their
duly authorized representatives, enter into the following agreement which
amends the Contract:
1.
Article I — Scope of Services, Paragraph (3) shall be added to read as follows-
(3) Provide additional architectural services for the design and detailing of
additional areas of work related to the Future City Hall program. The cost of
this additional service is $447,819.00 including reimbursable expenses.
The scope of services is described more fully in BOKA Powell's letter dated
May 18th, 2023, subject: "Additional Services Request No. 02".
2.
Article II — Compensation, first paragraph, is amended as follows:
"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 $7,116,841.00 unless the ity and the Consultant mutually agree upon a fee
amount for additional services and amend this Agreement accordingly."
City of Fort Worth, Texas
Standard Agreement for Professional Services AMENDMENT OFFICIAL RECORD
Revision Date: 2/22/2023
Page 1 of 2 CITY SECRETARY
FT. WORTH, TX
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth
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By: Dana Burghdoff(Aug2 ,202311:15CDT)
Name: Dana Burghdoff, AICP
Title: Assistant City Manager
Date: Aug 28, 2023
Approval Recommended:
Name: Ricardo Salazar
Title: Interim Director, PMD
Attest: 44.oa,n,
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By: Jannette S. Goodall aaQnaEap5a4
Name: Jannette Goodall
Title: City Secretary
VENDOR:
BOKA Powell, LLC
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By: RABennett (Aug 21, 2023 16:01 CDT)
Name: Andrew Bennett
Title: Partner
Date: Aug 21, 2023
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: 4-Owe - A 6.1"
Name: Brian Glass
Title: AD, PMD
Approved as to Form and Legality:
By:
Name: John B. Strong
Title: Assistant City Attorney
Contract
Authorization: M&C:
23-0566
City of Fort Worth, Texas OFFICIAL RECORD
Standard Agreement for Professional Services AMENDMENT CITY SECRETARY
Revision Date: 2/22/2022
Page 2 of 2 FT. WORTH, TX
Attachment A
1
a
palMay 18, 2023
Mr. Brian R. Glass, AIA
Chris W. Barnes Architectural Services Manager
John E. Orrield City of Fort Worth
R. Andrew Bennett 401 West 131h Street
Donald R. Powell Fort Worth, Texas 76102
8070 Park Lane
Suite 300
Dallas, Texas 75231
Tel 972.701.9000
Fax 972.991.3008
www.bokapowell.com
architecture
interiors
planning
graphics
strategy
Dallas
Fort Worth
Austin
Denver
Re: Fort Worth Future City Hall
Additional Services Request No. 02
BOKA Powell Project No. 21133.200
Dear Brian:
We are requesting an Amendment to the fully executed Agreement defined below and
Additional Services (ASR #2) for the Fort Worth Future City Hall project for a Additional Square
Footage added to the Council Chamber Building and USACOE 408 Permit Design Compliance
for the Council Chamber Building. This ASR modifies the contract sum as follows:
BSW Council (Chamber Add'I SF & 408 Design Comp) ............... $447.819.00
Total Additional Service Request No. 02..................................................$447,819.00
Terms and conditions will be as defined in our Agreement for Services dated March 4, 2022.
The following is an overall summary of project fees.
FEE SUMMARY
Original Fee Amount................................................................... $5,460,279.00
ASR No. 01(New Garage/16 Flr/GSWI/Site Wind Studies)..... $1,208,743.00
ASR No. 02 (Council Chamber Add'I SF & 408 Design Comp) ..... $447.819.00
Revised Total Project Fee.........................................................$7,116,841.00
If the above meets with your approval, please indicate your acceptance of this Additional
Service Request by signing below. Your signature below and your return of one copy to us for
our file will confirm your approval and will authorize us to proceed.
We appreciate the opportunity to provide you with these services. Please contact me if you have
any questions.
Sincerely,
BOKA Powell, L.L.C.
PA5061t4�
Andrew Bennett, AIA NCARB
Principal
Approved and Accepted:
This day of
City of Fort Worth
By:
Title:
Attachments: APCF MWBE Commitment Form (APCF)
2023
`The Texas Board of Architectural Examiners, 333 Guadalupe, Suite 2-350, Austin, TX telephone: 512-305-9000,
has jurisdiction over individuals licensed under the Architects' Registration Law, Texas Civil Statutes, Article 249a."
/5/23, 1:38 PM
M& Review
CITY COUNCIL AGENDA
Create New From This M&C
Official site of the City of Fort Worth, Texas
FORT WORTH
DATE: 6/27/2023 REFERENCE M&C 23-0566 LOG NAME: 21 FUTURE CITY HALL
NO.: CMAR AMENDMENT #1
NON- PUBLIC
CODE: TYPE: CONSENT HEARING:
NO
SUBJECT: (CD 9) Authorize Execution of Amendment No.1 to Construction Manager at Risk
Contract with Linbeck Group, LLC in the Amount Not to Exceed $50,000,000.00, for a
Total Contract Amount of $137,076,188.00, Including an Owner's Construction
Contingency Allowance, for the New Council hamber Building at Future City Hall and
Renovations to Future City Hall Building at 100 Energy Way. Authorize Execution of
Amendment No. 2 to the Professional Services Agreement for Architectual Design
Services with BOKA Powell, LLC for $447,819.00 for Additional Floodway and Council
Chambers Design Services at 100 Energy Way, for a Total Contract Amount of
$7,116,841.00
RECOMMENDATION:
It is recommended that the ity ouncil authorize execution of Amendment No. 1 to construction
manager at risk contract with Linbeck Group, LL in the amount not to exceed $50,000,000.00 for a
total contract value of $137,076,188.00 including an owner's construction contingency allowance, for
the new council chamber building at Future City Hall and renovations to Future City Hall Building at
100 Energy Way and authorize execution of Amendment No. 2 to the professional services agreement
for architectual design services with BOKA Powell, LLC for $447,819.00 for additional floodway and
council chambers design services at 100 Energy Way, for a total contract value of $7,116,841.00.
DISCUSSION:
The purpose of this Mayor and City Council Communications (M C) is to recommend that the ity
Council authorize execution of Amendment No. 1 to onstruction Manager at Risk (CMAR) contract
with Linbeck Group, LL in the amount not to exceed $50,000,000.00 including an owner's
construction contingency allowance for the new council chamber building at Future City Hall site and
renovations to Future ity Hall Building at 100 Energy Way. This contract will accomplish the planned
additional areas of scope, cover improvements required in accordance with the Federal 408 permitting
site changes, and accommodate for additional items of known construction work. This work will be
completed in phases. This allocation will go to the phases of the project remodeling additional floors
of the office tower, support construction of the expanded new council chambers, and provide additional
site improvements in accordance with the Federal 408 permit requirements. These phases will run
concurrent when possible. Other amendments may be required as additional work is defined.
This M&C also recommends that City Council authorize execution of Amendment No. 2 to the
Professional Services Agreement for Architecutal Design Services with BOKA Powell, LLC for an
amount of $447,819.00 for additional floodway and council chambers design services at 100 Energy
Way, for a new contract total of $7,116,841.00.
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 20-0910).
On June 22nd, 2021, the ity ouncil authorize execution of Amendment No. 1 to the professional
services agreement with the Athenian Group, LL , 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 a detailed assessment of the departments and functions associated with the
relocation. They have provided a written program and illustrated diagrams to make recommendation
regarding what departments functions would move to and where they would be located at the Future
City Hall.
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M&C Review
On November 30th, 2021 via M&C 21-0903, the City Council authorized execution a professional
services agreement with the 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 initial 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 2nd, 2021, the Athenian Group and the Property Management Department issued a
Request for Qualifications, to select Construction Manager at Risk (CMAR) team to provide
construction management and delivery of the construction required to build a new council chambers
building, remodel 100 Energy Way and make it suitable for use as Fort Worth's City Hall. Statements
of Qualifications (SOQs) were due January 6th, 2022. The City received 5 SOQs from qualified
construction manager at risk firms. The selection committee included representatives from the City
Manager's Office, the City Hall Steering Committee, Property Management Department, and the
Diversity and Inclusion Business Equity Office.
After reviewing the SOQs, the committee met on January 12th, 2022, to select 3 of the 5 firms for
interviews based on their rankings in a qualifying matrix. The interviews took place January 21 st, 2022.
On the 12th of April 2022, the City administratively executed a contract for pre -construction services
for an amount totaling $98,500.00.00. On May 24th, 2022 via M&C 22-0399, the City Council
authorized execution of a CMAR construction contract with Linbeck Group, LLC in the amount of
$87,076,188.00 to be delivered in phases to address current construction costs and material lead
times.
On February 14th, 2023, the City Council voted to amend the contracts of Athenian Group and BOKA
Powell via M&C 23-0111, bringing the total contract amount for BOKA Powell to $6,669,022.00.
On April 11th, 2023 the City Council voted to add $50,000,000.00 in additional funding to the project
overall budget via M&C 23-0250.
The updated overall project costs are expected to be as described in table below:
PROJECT COST
Initial Building Purchase
Professional Services (Project Management, Design,
and Related)
CMAR Construction Contract (Including Owner's
Construction Contingency Allowance)
Administrative Costs (Staff Time, Additional ITS, AV,
Security, Building Infrastructure, Major Maintenance,
FF&E, and Moving Costs)
Project Contingency
TOTALS
$69,500,000.00
$13,286,866.00
$137,076,188.00
$3,575,946.00
$3,000,000.00
PROJECT TOTAL $226,439,000.00
This project is funded from a mix of funds, including Tax Note 2021 A, Tax Note 2021 B Taxable, Tax
Notes 2022, Certificates of Obligation 2023, ARPA, PEG, Operational. Available resources within the
General Fund will be used to provide interim financing until debt is issued. Once debt associated with
the project is sold, proceeds will reimburse the General Fund.
Funding is budgeted in the Property Management Department's Tax Note 2021 A & Certificate of
Obligation 2023 Funds for the purpose of funding the City Hall Move 100 Energy Way project, as
appopriated.
There are several operating and maintenance costs associated with the Future City Hall. These costs
will be better defined as the phases are designed, and the sale of annexes and other downtown
facilities are realized. The annual operating and maintenance cost will be presented to City Council at
a future date.
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
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M&C Review
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: Linbeck Group, LLC is in compliance
with the City's Business Equity Ordinance by committing to 30\% MWBE participation on this project.
The City's MWBE goal on this project is 30\%.
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 Certificate of Obligation 2023 & Tax Note 2021 A Funds for the City Hall Move
100 Energy Way project to support the approval of the above recommendation and execution of the
amendments to the contracts. Prior to any expenditure being incurred, the Property Management
Department has the responsibility of verifying the availability of funds.
TO
Fund Department I Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project
ID ID
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Program Activity Budget
Year
Dana Burghdoff (8018)
Steve Cooke (5134)
Reference # Amount
(Chartfield 2)
Brian Glass (8088)
Tanyan Farley ((713) 839-5978)
1295 form signed.pdf (CFW Internal)
2023.05.17.Lin beck APCF Sianed GV.pdf (CFW Internal)
21 FUTURE CITY HALL CMAR AMENDMENT #1 funds availabilitv..pdf (CFW Internal)
21 FUTURE CITY HALL CMAR AMENDMENT #1 Updated FID.xlsx (CFW Internal)
APCF Committment Form BOKA 230518 GV.pdf (CFW Internal)
BOKA Powell SAMS Report.pdf (CFW Internal)
Linbeck 1295.pdf (CFW Internal)
Signature:
Email: jannette.goodall@fortworthtexas.gov
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