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HomeMy WebLinkAboutContract 25295 STATE OF TEXAS § COUNTY OF TEXAS § CITY SECRETARY CONTRACT NO. ,:g WHEREAS, the City of Fort Worth ("City") the City has entered into a contract with Austin Commercial, Inc. ("Project Manager") for project management services for the expansion and renovation of the Fort Worth Convention Center(City Secretary Contract#24692); and WHEREAS, the City desires to widen the scope of services to include selection of an Architect and payment of design services incurred within the scope of the contract; and WHEREAS, the City and Project Manger have mutually agreed to extend the contract term to accommodate this increase in scope; NOW, THEREFORE, City and Project Manager, acting herein by and through their duly authorized representatives, enter into the following agreement: 1. The first sentence of Article 3.2 is revised to read as follows: 3.2 The parties agree that the term of this contract shall extend for the duration of the design, construction and warranty period of the last phase of construction (Concept E Phase 1). The total duration of services shall not exceed 5 years from the execution of this amendment, unless a further extension is mutually agreed to by both parties in writing. 2. Article 5.2.1 is revised to read as follows: 5,2,1 PREPARTION OF PLAN'S, SPECIFICATIONS AND CONTRACT DOCUMENTS 5.2.1.1 The Project Manager shall enter into a professional service agreement with the Architect ( references to "Design Professional" in City Secretary Contract #24692 shall be considered synonymous with "Architect") for the preparation of plans, specifications and contract documents. Services of the Project Manager are outlined in Article 16. is 911 5 3. Article 5.2.4.1, Description of Phase 1B, is revised to read as follows: Phase 1B: Design/Preliminary Construction Management Services Phase: The Project Manager shall manage the services of the Architect to insure that each Phase is in compliance and consistent with the City's concept design and project plan. The Project Manager will insure that the construction costs are within the available funds as set by the City. 4. Article 8, Compensation and Payment, Paragraph 8.1 is revised to read as follows: 8.1 Compensation: The Project Manager shall be paid an amount not to exceed $3,445,403 for the following services (detailed breakdown for all services included as Attachment One) : 8.1.1 Phase IA: Project Planning and Conceptual Design Phase: For Project Management Services, hourly wages times a multiplier of 2.5 and for the services of the Phase I A Architect, hourly wages times a multiplier of 3.0. 8.1.2 Phase 113: Design/Preliminary Construction Management Services Phase: A not to exceed amount of $2.947,9033 (inclusive of $200,000 for Phase 1 in City Secretary Contract #24692) to include the Architectural Design fee of$23284,528, Management Team consulting Fee of $176,000, Preliminary Construction Management fee of $434,3175 and reimbursables of$53,000. 2 5. The follow section shall be added to Article 9 INDEMNITY AND INSURANCE: 9.7.13 Notwithstanding anything herein to the contrary, Project Manager's liability for claims, damage, causes of action, including attorneys fees and other costs arising or alleged to arise from the performance of professional services under this Agreement, shall be limited to the proceeds of professional liability insurance provided by the Architect and that of their consultants; provided, however, if Architect and/or its consultants do not maintain professional liability insurance or allow such insurance to lapse, then Project Manager's professional liability is limited to the amount described in section 9.5 of City Secretary Contract#24692. 6. Within Article 10 INDEMNITY PERTAINING TO HAZARDOUS MATERIAL, the words "and Architect"are to be added wherever there is reference to the Project Manager. 7. Article 16 is to be added as follows: Article 16 SERVICES OF THE PROJECT MANAGER WITH RESPECT TO DESIGN SERVICES 16.1 GENERAL- The Proiect Manaaer will contract with the project Architect as an I In independent contractor kvho will perform, within the professional standards normally accepted in the State of Texas, professional services in connection with the following general scope of work: 3 Desi,:,,Z:�n and preparation of construction documents and Construction phase services for the Renovation and Expansion of the Fort Worth Convention Center 16.2 CHARACTER OF PROJECT MANAGER'S SERVICES WITH RESPECT TO ARCHITECTURAL DESIGN 16.2.1 The Architect shall be a subcontractor to the Project Manager. 16.2.2 Project Manager shall consult with the City to clarify and define City's requirements relative to the assignments and review available data. 16.2.3 Project Manager agrees to commit the personnel to the assignment as necessary in order to complete the assignment in an expeditious manner. 16.2.4 The Project Manager shall pay for the printing of contract documents required for design submittals, presentations and other design phase products. Project Manager shall provide 5 sets of design drawings and specifications and one complete set of reproducibles for use in bidding and construction contracts. 16.2.5 Perform services as outlined in Attachment A, which is attached to and made a part of this Amendment. 16.3 FEES: The Project Manager's fees shall be allocated by an agreed schedule broken down by Phases. 16-31.1 Project Manager shall not be paid more than the following amounts based upon the stage of design: 16.3.1.1 Preliminary Concept Plan and Presentation 7% of total fee 16,'),1.2 For each Project Phase, percentage of Phase design costs. 163.1,3 Completion of Schematic Design 21% 16.3.1 A Completion of Design Development and cost estimates 35% 16.3 1,5 Completion of Construction documents 75% 4 16.3.1.6 Action by City Council to accept bids 80% 16.3.1.7 Final acceptance of the Project Phase by the City 100% 16.3.2 The Project will be constructed in four Phases: 16.3.2.1 Phase 1: Site Improvements and Utility Relocations 16.3.2.2 Phase 2: Building exterior and supporting rough interior 16.3.2.3 Phase 3: Interior Finish and Equipment 16.3.2.4 Phase 4: East Hall Modification 16.4 RESPONSIBILITY FOR CONSTRUCTION COSTS 16.4.1 The Construction Budget for this Project is $25,000,000 plus a construction contingency of $2,500,000, including all site work, utility relocation and utility connection fees. If the Construction Budget for any Phase of the Project is exceeded by the lowest bona fide bid, the City shall (1) award the contract, (2) abandon the project and terminate this agreement, or (3) cooperate in the reduction of the Project Scope and features as required to stay within the Construction Budget in order to rebid the Project. If the City decides to reduce the scope of the project phase and rebid, the Project Manager shall, at its sole cost and expense, cause the Architect to modify the Drawings and Specifications as necessary to stay within the Construction Budget. In the event the City abandons the project after receiving bids, the City may terminate this Agreement, and the Project Manager shall be entitled to 80%of the total fee for any unawarded phases. 16.4.2 The Project Manager shall inform the City, in writing, of the probable construction cost at the submission of each design phase for each Project phase, The City shall either approve the adjustment of the Construction Budget or direct the Project Manager to adjust the Project design to stay within the previously approved Construction Budget. 5 16.5 PROCEDURES FOR PROVIDING DESIGN SERVICES 16.5.1 Design Phase: 16.5.2 City shall notify the Project Manager when it is appropriate to proceed with the services. 16.5.3 The Project Manager shall visit the site and make itself familiar with the scope of the assignment 16.5.4 The Project Manager shall inform the City of the need for services to survey, plat, prepare and vacate easements and any other property issues necessary to complete the design and secure a construction permit. 16.5.5 The design shall include all site work, design and coordination of utilities, landscaping and facility design required for a complete and functional project. 16.5.6 The Project Manager shall prepare presentation graphics using plans necessary for the design and attend twelve scheduled public meetings during the design of the project. Project Manager shall require the Architect to prepare "Elimination of Architectural Barriers Registration" and submit the applications to the Texas Department of Licensing and Regulation. All designs shall be in conformance with the Elimination of Barriers Act, State of Texas, City of Fort Worth Building Codes and the Texas Accessibility Standards (TAS). 16.5.7 The Project Manager shall reimburse the City for all damages incurred as a result of the failure of a facility to conform to all applicable State rules and regulations, Federal law, and municipal ordinances, including but not limited to the cost to modify the facility to conform- to all applicable State rules and regulations, Federal law, and municipal ordinances, 16.5.8 The Project Manager shall include procedures for mitigating the design or installation of new hazardous material as part of the work, use of recycled building 6 materials, sustainable construction, and a building-commissioning program in the design of the project. 16.5.9 The City shall acknowledge the design costs and scope in writing at each stage of design. The Project Manager shall submit the stages of design to the City in eight copies Z:� I I I along with its opinion of probable construction cost. 16.5.10 Upon written approval of the final design, the Project Manager shall make whatever final changes are necessary and submit the drawings and technical specifications to the City for use in bidding. 16.5.11 Project Manager shall prepare the design in phases as follows: 16.5.11.1 Preliminary Concept Plan and Presentation: Develop a phased project plan to meet the long-term development plan. Phased plan will include utility and site preparation, facility construction and interior finish-out phases. The three phases may be further broken out to control the size of individual contracts for each Project Phase: 16.5.11.2 Schematic Design: Preparation of alternative floor and site plans, architectural concepts and principal equipment and finish plans and cost estimates. 16.5.11.3 Design Development: Preparation of detailed architectural floor plans and principal elevations, site plans, selection of principal equipment and finishes, and detailed cost estimates 16.5.11.4 Construction Documents: Preparation of details, mechanical, electrical, and plumbing plans, finish schedules, detailed specifications, and detailed cost estimates. 16.5.11.5 Bidding: 16.5.11.5.1 The Project Manager shall respond to Bidders inquiries, prepare whatever addenda are necessary and assist the City at the Prebid Conferences. 7 Following bidding the Project Manager shall make recommendations concerning award of the contract. 16.5.11.6 Construction Services: 16.5.11.6.1 The Project Manager shall assist the City, upon request, in approving submittals, observing construction procedures and results, reviewing methods and costs associated with proposed change orders, and resolving construction problems. However, neither the professional activities of the Architect, nor the presence of the Architect or his or her employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the Work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Architect and his or her personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The City agrees that the General Contractor is solely responsible for jobsite safety, and holds the Project Manager responsible for making this intent evident in the Project Manager's preparation of bid and construction contract documents. 16.5,11.6.2 Project Manager shall attend periodic job site meetings. 16.5.11.6.3 At the completion of construction, the Project Manager shall assist the City conduct and document the final inspection and assist the Program/Construction Manager on the resolution of construction or design deficiencies. 16.5.11.6.4 Project Manager shall assist the City in the Commissioning Phase of the Project using the seniccs of his mechanical/electrical consultants, 8 16.5-11.6.5 The Project Manager shall prepare "Record Drawings" on mylar medium based on inspection notes, Contractor's marked up field drawings and the Project Manager's observations. 16.5.11.7 All project information and designs shall become the property of the City and may be used by the City in any manner it wishes. The Project Manager shall not be liable for the use of such design information on other projects executed by the City. 16.6 CITY RESPONSIBILITIES 16.6.1 The Project Manager shall represent the City in the daily management of the design and construction activities. 16.6.2 Upon receipt of written approval from the City, the Project Manager will have the authority to direct changes in scope. 16.6.3 The Project Manager will make recommendations to the City concerning contractual cost changes (Design Agreement Amendments and possible alternative bid packages). 16.6.4 The Project Manager shall have the authority to accept project documents and construction on the behalf of the City. 16.6.5 The Project Manager shall review and approve all reports, recommendations and other documents and provide written decisions pertaining thereto within a reasonable time. All other provisions of this Contract which are not expressly amended herein shall remain in fall force and effect, 9 # 41 Executed on this the I day of v lW-1 D'r ATTEST: CITY OF FO I�� WOr7 Bic City Secretary Assistant City Manager APPROVED AS TO FORM Co-Intract Authorization Assistant qty Attorney ATTEST: AUSTIN COMMERCIAL, INC. L By Name: Ve-VOzOve Ton ---J4ckson 1-1 - Title: VEC�- -prcsident AUSTIN COMMERCIAL, INC. 10 ATTACHMENT ONE (to replace Attachment One of the 02126199 original agreement;CS Contract#24692) RENOVATION AND EXPANSION FORT WORTH CONVENTION CENTER FEESTRUCTURE, AUSTIN COMMERCIAL Phase IA- Project Planning and Conceptual Design $225,000 Phase 113- Design/Preliminary Construction Management Services Design Management/Coordination $364,375 Bidding Phase 70,000 TOTAL Phase 1B $434.375 TOTAL AUSTIN COMMERCIAL $659,375 MANAGEMENT TEAM CONSULTING FEE (Phase IB) Architectural Services Inc. $ 75,000 Conventional Wisdom 66,000 environmental monitoring (TBD) 35,000 TOTAL $176,000 ARCHITECTURAL DESIGN FEE Carter Burgess $2,284,528 TOTAL ALL PROFESSIONAL SERVICES $3,119,903 (NOTE: Salary Costs include multipliers in amounts not to exceed 2.5 for Project Management Services and 3.0 for Architectural Services respectively.) REIMBURSABLES (Phases 1A and III) Site and Utility Survey $ 50.000 Geotechnical Investigation & Foundation Study 30,000 Environmental Assessment 50,000 Public Meetings(subconsultant) 35,000 Temporary Office Space 22,500 Temporary Services 10,000 Office Equipment& Supplies 10,000 Printing 60,000 Phone 13,000 Out of Town Travel 35.000 Miscellaneous --Loi-0-00 TOTAL REIM13URSABLES (all phases) $325,500 GRAND TOTAL (Maximum Fee/N, ot To Exceed Amount) $3,445,403 11 ����� ~��°�� ��0�������� N����0 June ], l999 Ralph Cook Manager Design Build &ns<io Commercial 3535 Travis Street, Suite 300 Dol|uo, Tcxax 75221-2079 Dc: Fort Worth Convention Center (]idonuIoa! Project No. 5817D0 Dear Ralph: Based on the City's "Prime Contract with Austin Commercial", Gideon Toal's overhead factor is ].U. In addition, the k)|[ovving salaries represents the compensation of the personnel we anticipate will bc involved in this contract: Employee Hourly Overhead Hourly Rate Factor Fee &cnaiuli 29.72 ]D 89.16 Crurup|cr 23.77 3.0 71]1 Ibanez 38.47 ].O 115.41 Grizu[aod 24.76 3.0 74.28 YVnotco 3336 3.0 100.08 Da/1 18.51 3.0 55.53 Dco 15.87 3.0 47.61 Gri,s 12.60 38 37.80 /\r:vo!o 12.02 3.0 36.06 Richards 35.00 ].O 105.00 o'Kelly 45.10 38 135.30 }Uoex 30�75 3.0 92.2 S )lease need additional information regarding this data. Vice President cc- FUc Architecture ` Engineering ~ Planning ^ interiors ^ Landscape Arch itnctunm i Austin ---------- Ausdn Commercial Are Austin industries Company Austin Co .mer,ia'.inc. Con t ,or= k' r ge �e ai Contractor r�}.v.E3-,x t,37``=3 D s.a�'a re:xas 75 -''' August 2, 1999 351- "ravtS St 752-04, 3;-4 43-1,7 ATTACHMENT 3 Mr, Paul Cain Transportation&Public Works Administration City-of Fort North 1060 Throckmorton Street Fort North,TX 76102 Re: Fort Worth Convention Center Contract No. 24692 Dear Paul: Below is a list of Austin Commercial's actual hourly wages as required by Article 8.1.1.:Revised to include an additional employee and one'`wage increase. Hourly Wages Multiplier Hourly Fee Ralph W. Cook 50.4808 2.5 126.21 Russell Harker 48,0769 2,5 120.20 Gil Holt 40.8654 2.5 102.17 Tom Neil 28.8462 15 72.12 Mary C. Sparks 15.8654 2.5 39.67 Elizabeth Stratton 15.8654 2.5 39.67 Elizabeth Stratton(Increase 7119) 16.8269 2.5 42.07 Kelly Smith 19.7115 2.5 49.28 Kelly Williams 42.0808 15 105.21 Please contact me if you ha-ve any questions. Sincerely. {r ' Ralph W, Cook Manager Design Build City v,f Fort Worth, Texas iv"agor cond cou"Cit commu"icatio" DATE REFERENCE NUMBER LOG NAME PAGE 9128199 C-°17670 20FWCC 1 of 2 suBJECT AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH AUSTIN COMMERCIAL, INC. FOR THE DESIGN PHASE OF THE FORT WORTH CONVENTION CENTER EXPANSION, AND AUTHORIZATION TO INITIATE NEGOTIATION OF CONSTRUCTION MANAGEMENT CONTRACT WITH AUSTIN COMMERCIAL, INC. RECOMMENDATION: It is recommended that the City Council: 1. Approve an amendment to City Secretary Contract No. 24692 in the amount of $2,747,903 for additional project management services and preliminary construction management services during design of the Fort Worth Convention Center (FWCC) expansion; and 2. Authorize the City Manager to negotiate a construction management contract with Austin Commercial, Inc. for construction of the expansion. DISCUSSION: On January 19, 1999 (M&C C-17228), the City Council authorized the City Manager to execute a $697,500 program management contract with Austin Commercial, Inc. for management of project planning, conceptual design, and design of the FWCC expansion. Under terms of the original contract, the City was to enter into a separate contract with the selected architect. Austin Commercial, Inc. was to assist the City via monitoring of design plans and construction document preparation, etc. This amendment enables the City to utilize Austin Commercial, Inc.'s considerable expertise and experience to award and manage the architectural services contract, rather than assisting the City as the original contract provided. Under terms of this amendment, Austin Commercial, Inc. will subcontract with the selected architect(s) and ensure that each phase of the project is in compliance and consistent with the City's concept design. In addition, Austin Commercial, Inc. will provide preliminary construction management services and ensure that construction costs are within the City's available funding amount. The $2.75 million in additional funding will be allocated as follows: * Austin Commerical, Inc. (Design Management/Preliminary Construction Management) $ 234,375 * Architectural Services, Inc. $ 75,000 f * Conventional Wisdom om $ 66,000 i * (Firm to be determined for environmental monitoring) $ 35,000 j * Carter Burgess (architectural design fee) $2,284,528 * Reimburseable expenses $ 53 000 i TOTAL.. THIS AMENDMENT $2,747,903 � j i City 01-rFort Worth, Texas a"d cou"Cit COMMU icatio DATE 9/28/99 REFERENCE NUMBER LOG NAME PAGE C-17070 1 20FWCC 2 of 2 SUBJECT AMENDMENT TO PROFESSIONAL SL KV I UES AGREEMENT WITH—AUSTIN COMMERCIAL, INC. FOR THE DESIGN PHASE OF THE FORT WORTH CONVENTION CENTER EXPANSION, AND AUTHORIZATION TO INITIATE NEGOTIATION OF CONSTRUCTION MANAGEMENT CONTRACT WITH AUSTIN COMMERCIAL, INC. project ion bid- t.) —7 Upon approval of this amendment, the total amount to be paid to Austin Commercial, Inc. for project management, project design, and preliminary construction management services (i.e., construction bid- ding phase) is $3,445,403 (i.e., $697,500 in original contract, plus costs included in this amendment.) Also, the term of the agreement is amended to "not to exceed" five years. This will enable the City to retain the services of Austin Commercial, Inc. for design of future phases, should the City wish to do so within the next five years. The original contract term was nine months. It is staffs recommendation that Austin Commercial, Inc.'s construction expertise, experience, and familiarity with the FWCC project are justification to begin negotiation of a project management contract. Austin Commercial, Inc. is in compliance with the City's M/WBE Ordinance by committing to the original 26% M/WBE participation including this amendment. FISCAL INFO—RMATIONLQERTIFICATION: The Finance Director certifies that funds are available, as appropriated, in the current capital budget of the Public Events Fund. MG:k Submitted for Cu tanagees FUND ACCOUNT CENTER AMOUNT i CITY SECRETARY LOffice by: (to) Miike Groomer 6140 Originating Department Head: APPROVED Hugo Malanga 7801 (from- CITY CCV�!Clt. 1 1 031200 1 020192067001 $2,147,003,00 i Additional information contacV SEp 28 1999