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CONTRACT NO. _Qq 6 9-.�:
FIFTH AMENDMENT TO CITY OF FORT WORTH CITY
SECRETARY CONTRACT NUMBER 24692
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AMENDMENT to City of Fort Worth City Secretary Contract Number 24692 is
executed on the 15 day of Lunt , 2001 by and between the City of Fort Worth, a
municipal corporation of Tarrant and Denton Counties, Texas (hereinafter called "Owner"),
acting by and through Mike Groomer, its duly authorized assistant city manager, and Austin
Commercial, Inc. (hereinafter called "Construction Manager", "Project Manager" or "Manager")
acting by and through its Vice President Steve Warnick.
WITNESSETH:
WHEREAS, the Owner intends to construct the Fort Worth Convention Center Phase 1
Expansion, (the "Project"), in the City of Fort Worth, Texas, to be built according to the Plans
and Specifications prepared and/or assembled by Construction Manager through Carter and
Burgess, Inc.; and
WHEREAS, the City Council of the City of Fort Worth, Texas, authorized the City
Manager to enter into an agreement (City Secretary Contract Number 24692 as amended by City
Secretary Contract Number 25295 (Amendment 1), City Secretary Contract No. 25954
(Amendment 2) {also referred to as "PM Agreement"} and City Secretary Contract No. 26062
(Amendment 3) {also referred to as the Construction Management Agreement), and Cit
Secretary Contract No. 26589 (Amendment 4) with Manager for Project Management Services
and Design Services for the Project; and
WHEREAS, pursuant to such PM Agreement, Construction Manager has heretofore been
providing professional services to Owner in development of plans, specifications, schedules and
budgets for the Project; and
WHEREAS, pursuant to such Construction Management Agreement, Construction
Manager has been providing professional services to the Owner in executing contracts with the
general contractors as authorized by City Council; and
WHEREAS, on November 14, 2000, the City Council approved the redistribution of the
Project Budget by M&C G-13073.
WHEREAS, on May 22, 2001, the City Council approved the design of Phase 2
Expansion by M&C C-18601.
AUSTIN COMMERCIAL,INC. IiJ HN '
FIFTH
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FORT WORTH CONVENTION CENTER L U
FIFTH AMENDMENT I(; CMM~r1ERUD U
Page 1 Of 2
NOW, THEREFORE, Owner and Manager, in consideration of the foregoing, and the
terms and conditions herein contained, do hereby amend City of Fort Worth City Secretary
Contract Number 24692, as amended by City Secretary Contract Nos. 25295, 25954, 26062, and
26589 as follows:
Section 1.
Manager shall proceed with Fort Worth Convention Center Phase II Expansion. It is
agreed that the architect's and manager's fees and expenses for Fort Worth Convention Center
Phase II Expansion shall not exceed$1,330,000.
Section 2
Attachment 1, Phase I Project Budget, to City Contract Number 26589 is replaced by
Attachment 1 hereto.
Section 3.
Attachment 2, Fee Structure Budget, to City Contract Number 26589 is replaced by
Attachment 2 hereto.
Section 4.
All other terms, conditions, and covenants contained in City Secretary Contract Numbers
24692, as amended by City Secretary Contract Nos. 25295, 25954, 26062, 26589 not amended
herein continue in full force and affect.
IN WITNESS WHEREOF, the parties have executed this agreement as of the day and
year first written above.
APPROVED AS TO FORM: CITY OF FORT WORTH
MIKE GROOMER, Asst ity Manager
I ry? BYL�
Assistant City Attorney Assistant City Manager
ATTEST: CONSTRUCTION MANAGER:
STEVE WARNICK,Vice President
BY Z BY 45i" CJ0,24*`A J
Corporate Secretary Vice e_
A ee `e�/ Contract Authorization
AUSTIN COMMERCIAL,INC. ATG ® D i
FORT WORTH CONVENTION CENTER Date
FIFTH AMENDMENT CNN
f�i�U`�L5 WVQ�
Page 2 Of 2 U
6/6/01, 4:25 PM Attachment 1 to Amendment 5
PHASEIANDII
PROJECT BUDGET
Phase 1 Phase II Budget
CITY MANAGED DESIGN &CONSTRUCTION
Soft Cost Owner 300,000 250,000
Environmental 125,000 175,000
CM MANAGED DESIGN & CONSTRUCTION
Soft Cost Construction Manager 9,177,500 4,950,000
Hard Cost Construction
Construction Contracts 35,365,000 20,896,000.
Construction Contingency 1,532,500 750,000
Exposures 0 0
Project Contingency 250,000 1,175,000
Total Project Budget 46,750,000 28,196,000
ATTACHMENT TWO
TO AMENDMENT 5
RENOVATION AND EXPANSION FORT WORTH CONVENTION CENTER
FEE STRUCTURE
Task Amendment 5 Total Contract to date
Project management
Phase 1 1,566,500
Phase 2 43,500 43,500
Project Management Fee (3.5% of Project costs, including 43,500 1,610,000
contingency, less city managed construction and PM fee)
Soft costs -
Preliminary Project Planning -
Phase 1A-Project Planning and Conceptual Design 225,000
Phase 1 B-Design/Preliminary Construction Management -
Services
Design Management/Coordination 364,375
Bidding Phase 70,000
Phase II 106,500 106,500
Project planning, Preliminary 106,500 765,875
Management Team consulting Team -
Architectural Services 75,000
Conventional Wisdom 66,000
Environmental monitoring -
Terra-Mar 58,140
Philip Johnson 12,000
211,140
Architectural Design Fee -
Phase 1 2,284,528
Phase !A 300,000
Phase 2 (Preliminary Schematic Design Fee) 101,987
Phase 2 Design 910,513 910,513
SE and SW Corner 100,000
910,513 3,697,028
Phase 1 Reimbursables -
Professional services -
CM Services (Consultants) -
Additional services (A/E) -
Gideoon -Toal 165,000
Garcia and Associates 50,000
PR Texas 20,000
Geotech 30,000
Environmental Study 50,000
Reimbursables by subconsultants -
Environmental Study -
Material Testing FL
rcSurvey/Civil ° 5`eCUMMGeotechnicalTraffic UU
Austin Commercial, Inc Amendment 5 to City Secretary Contract 24692
Fort Worth Convention Center
ATTACHMENT TWO
TO AMENDMENT 5
RENOVATION AND EXPANSION FORT WORTH CONVENTION CENTER
FEE STRUCTURE
Task Amendment 5 Total Contract to date
Direct Expenses. -
Miscellaneous 250,500
PR Advertisement -
Travel
Printing -
Misc. Reimbursables 3,388,470
CM staff services
Phase 2 Reimbursables 269,487 269,487
Total Reimbursables 269,487 4,223,457
Grand Total Not to Exceed Amount(bold is contract$) 1,330,000 10,507,500
Austin Commercial, Inc Amendment 5 to City Secretary Contract 2692
Fort Worth Convention Center
City of Fort Worth, Texas
qVrAyor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/22/01 C-18601 20AUSTIN-5 1 of 1
SUBJECT AMENDMENT NO. 5 TO AGREEMENT WITH AUSTIN COMMERCIAL, INC. FOR
DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR THE EXPANSION
OF THE FORT WORTH CONVENTION CENTER
RECOMMENDATION:
It is recommended that the City Council approve Amendment No. 5 to the agreement with Austin
Commercial, Inc. for design and construction management services for construction of the Phase II
additions to the Fort Worth Convention Center for an additional fee not to exceed $1,330,000.
DISCUSSION:
On January 19, 1999 (M&C C-17228), Austin Commercial, Inc. (Austin) was selected by the City
Council to provide planning services for the Fort Worth Convention Center (City Secretary Contract No.
24692). Under the agreement, Austin is responsible for any costs that exceed the project budget,
subject to changes in plans and specifications approved by the City. In the event the total cost of the
project is less than the established project budget, the savings will revert to the City. As the project and
construction manager, Austin receives 3.5% of the cost of the work as a project management fee, and
is reimbursed for its soft costs and architectural fees. The architect and manager's fees and expenses
during the Phase II design shall not exceed $1,330,000.
Austin Commercial, Inc. is in compliance with the City's M/WBE Ordinance by committing to an
additional 28% M/WBE participation on this amendment. The City's goal on this amendment is 28%.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Public Events Fund.
MG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRET RY
Office by: (to) C
Mike Groomer 6140 APPROVE
Originating Department Head: CITY COUFL
Hugo Malanga 7801 (from) MAY 22 2901
C192 54120 020192020701 $1,330,000
Additional Information Contact:
City Secretary of the
Hugo Malanga 7801 City of Fort Worth,Texas