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HomeMy WebLinkAboutContract 24692 CITY SECRETARY CONTRACT NO- STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § THIS AGREEMENT is made and entered by and between the City of Fort Worth, Texas, a municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called the "City", acting herein by and through Mike Groomer, its duly authorized Assistant City Manager, and Austin Commercial, Inc., hereinafter called the "Project Manager", acting herein by and through Steve Warnick, its duly authorized Vice President for the purpose of providing Project management services for the expansion and renovation of the Fort Worth Convention Center. Article 1. DESIGNATION OF PROJECT The City hereby contracts with Project Manager as an independent contractor, and the Project Manager hereby agrees to perform, within the professional standards normally accepted in the State of Texas, professional services in connection with the following general scope of work: Provide comprehensive Project management services for the Project Planning, Conceptual Development Phase, and the Design Phase of the expansion and renovation of the Fort Worth Convention Center, hereinafter referred to as "Project". The Project shall include all site work, design and coordination of utilities, landscaping and facility design required for a complete and functional project. Article 2. RELATIONSHIP OF PARTIES AND EXTENT OF AGREEMENT The Project Manager and City accept the relationship of trust, good faith and fair dealing established by this Agreement and shall cooperate with each other and with the Design Professional to be selected in furthering the City's interests. The Project Manager shall exercise its skill and judgment in furnishing project administrative and management services and shall perform its Services in an expeditious and economical manner. The City shall promote harmony and cooperation among the City, Project Manager, Design Professional and other persons or entities employed by the City for the Project. Article 3. EXTENT OF AGREEMENT 3.1 This Agreement represents the entire agreement between the City and the Project Manager and supersedes all prior negotiations, representations and agreements. This agreement shall not be superseded by any provisions of the Construction Documents and may be amended only by written instrument signed by both the City and Project Manager. 12 The parties agree that the term of this contract shall be no more than nine (9) months from the date of execution by both parties, unless an extension gq'--a- 'For" is mutually agreed to by both parties in writing. Any extension of time shall not entitle Project Manager to additional compensation unless the scope of work is increased. The City and Project Manager waive damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Article 4. DEFINITIONS AND REFERENCES 4.1 Additional Services Additional Services are defined in Paragraph 5.2.4. 4.2 Design Professional The Design Professional is the entity responsible for all the design and engineering necessary for the Project, including the preparation of the Construction Documents. 4.3 CONSTRUCTION DOCUMENTS Construction Documents are the plans, specifications and other documents provided by the Design Professional as approved by the Project Manager which delineate the design and specify other necessary requirements relating to the construction of the Project. 4.4 HAZARDOUS MATERIAL A Hazardous Material is any substance or material identified now or in the future as toxic or hazardous under any federal, statute or local law or regulation, or any other substance or material which may be considered hazardous or otherwise subject to statutory or regulatory requirements governing handling, disposal and/or clean-up. 4.5 CITY'S PROJECT The City's Project is an initial description of the City's objectives, including budgetary and time criteria, space requirements and relationships, flexibility and expandability requirements, special equipment and systems, site requirements, and any requirements for phased occupancy. 4.6 PROJECT The Project, as identified in Article 1, is the building, facility and/or other improvements for which the Project Manager is to provide Services under this Agreement. 4.7 REIMBURSABLE COSTS Reimbursable Costs are those as shown in Attachment 1 which is made a part hereof for all purposes. Article 5 PROJECT MANAGER'S SERVICES The Project Manager shall provide the following Services. 5.1 PROJECT PLANNING/CONCEPT DEVELOPMENT PHASE SERVICES 5.1.1 PRELIMINARY EVALUATION The Project Manager shall provide a preliminary evaluation of the City's Project and shall assist in developing the overall scheme for the remodeling and renovation of the Convention Center. 5.1.2 DESIGN PROFESSIONAL SELECTION The Project Manager shall assist City in the preparation of a request for proposal designed to solicit responses leading to the selection of the Design Professional. The Project Manager shall assist City in the review of the responses to the request for proposal and shall make a recommendation to City regarding selection of the Design Professional, The Project Manager shall further assist the City in the negotiation of the contract with the Design Professional. 5.2 DESIGN MANAGEMENT 5.2.1 PREPARATION OF PLANS, SPECIFICATIONS, AND CONTRACT DOCUMENTS The Project Manager shall consult with the Design Professional in the preparation of plans, specifications, and contract documents. The Project Manager shall advise City regarding the preparation of the plans, specifications, and contract documents, including value engineering and constructability. In addition, the Project Manager shall promptly report to the City and the Design Professional any errors or omissions which it discovers in the contract documents. 5.2.2 CONSULTATION The Project Manager shall schedule and attend regular meetings with the City and Design Professional. The Project Manager shall consult with the City and Design Professional regarding site use and improvements, and the selection of materials, building systems and equipment. The Project Manager shall provide recommendations on construction feasibility; actions designed to minimize adverse effects of labor or material shortages; time requirements for procurement, installation and construction completion; and factors related to construction cost, including estimates of alternative designs or materials. 5.2.3 PROJECT SCHEDULE When Project requirements have been sufficiently identified, the Project Manager shall prepare a preliminary Project Schedule for the Design Professional's review and the City's approval. The Project Manager shall coordinate and integrate the Project Schedule with the services and activities of the City, Project Manager, and the Design Professional. If the Project is to be completed in phases, the Project Manager shall make recommendations to the City and Design Professional regarding the phased issuance of Construction Documents, 5.2.4 ADDITIONAL PROJECT AND DESIGN MANAGEMENT SERVICES 5.2.4.1 Perform the following "Scope of Services" for Phases 1 A and I B of the Project.- Phase 1A: Project Planning and Conceptual Design Phase Project Manager will: (a) determine the improvements necessary to meet the requirements of current and prospective users of the facility. This determination shall be based upon a thorough inventory and evaluation of the existing facility, analysis of existing studies of competitor facilities, direct input from current and prospective users of the facility, and the facility's relationship to existing and planned developments in the downtown; and (b) define and develop a program of work to include proposed phasing of necessary improvements within available resources; and (c) solicit architect proposals, review such proposals, and recommend a project architect to the City; and Phase 1 B: Design Phase Project Manager will monitor progress of program of work, final design plans and construction documents to insure each is in compliance and consistent with the City's approved concept design and project plan. Project Manager will utilize its professional expertise and best efforts to insure the estimated construction costs are within the available funds as set by the City. Project Manager will obtain the approval of the City's Management Team throughout each stage of the Project. 5.2.4.2 Project Manager shall manage the Project in stages as outlined in the Scope of Services. 5.2.4.3 Project Manager shall prepare "Elimination of Architectural Barriers Registration" and submit the applications to the Texas Department of Licensing and Regulation. In the event that deficiencies are noted by the State, Project Manager shall provide design assistance to the City to resolve the deficiencies. All designs shall be in conformance with the Elimination of Barriers Act, State of Texas, City of Fort Worth Building Codes and the Americans with Disabilities Accessibility Guidelines for Buildings and Facilities, as same may be amended from time to time. Article 6. BUDGET 6.1 When the City has sufficiently identified the City's Project and other Project requirements, the Project Manager shall prepare, for the review and approval of the City, an initial budget for the Project, utilizing area volume or similar conceptual estimating techniques. The initial budget amount, and any refinements or revisions thereto, must be within the available funds the City has dedicated to the Project and construction of any improvements. 6.2 When schematic or preliminary design documents have been completed by the Design Professional, and approved by the City, the Project Manager shall prepare for the review of the Design Professional and approval by the City a more detailed budget with pertinent supporting data. During the preparation of 4 the design development documents or documents of comparable detail, the Project Manager shall update and refine this budget at appropriate intervals agreed upon by the City and Project Manager. 6.3 When design development documents or documents of comparable detail have been completed by the Design Professional and approved by the City, the Project Manager shall prepare a further detailed budget with pertinent supporting data, for review by the Design Professional and approval by the City. During the preparation of the Construction Documents, the Project Manager shall update and refine this budget at appropriate intervals agreed upon by the City and Project Manager. 6.4 When the City and Project Manager agree the Construction Documents are sufficiently complete, the Project Manager shall prepare and submit to the City in writing a Construction Budget, which shall include the sum of the estimated cost of the Work, the clarifications and assumptions upon which it is based, allowances, reasonable contingencies and the Project Manager's Compensation. 6.5 The Project Manager shall meet with the City and Design Professional to review the Construction Budget. In the event that the City or Design Professional discover any inconsistencies, inaccuracies or omissions in the information presented, they shall promptly notify the Project Manager, who shall make appropriate adjustments to the Construction Budget. The City shall then give prompt written approval of the Construction Budget. Article 7. CITY RESPONSIBILITIES 7.1 Provide all criteria and full information as to City's requirements and designate a person with authority to act on City's behalf on all matters concerning the Project. 7.2 Assist Project Manager 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. 7.3 Upon reasonable notice arrange for access to and make all provisions for Project Manager to enter upon public and private property as may be required for Project Manager to perform services hereunder, 7.4 Designate in writing qualified persons who will act as City's representatives with respect to the Assignment for the purposes of transmitting instructions, receiving information, interpreting and defining City's policies and decisions with respect to Project Manager's services. 7.5 Review all reports, recommendations and other documents and provide written decisions pertaining thereto within a reasonable time, 5 7.6 Upon reasonable notice provide labor and safety equipment to expose structural elements and temporarily repair same, and to operate mechanical and electrical systems as required by the Project Manager in the development of the design. 7.7 Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by Project Manager, obtain advice of an attorney, insurance counselor and other Specialists 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 Project Manager. 7.8 Prepare easements and right-of-way acquisition conveyance documents, from description provided by Project Manager, contact owners, negotiate for or condemn all easements and right-of-way, pay all filing and legal fees associated therewith. 7.9 Provide for itself such legal, accounting, insurance and other counseling services as may be required for the Assignment, 7.10 Be responsible for all impact and utility fees and other fees not expressly assigned to the Project Manager. 7.11 The City shall, at its expense, furnish Project Manager with the services, information, surveys and reports and other information required by this article and entitle the Project Manager to rely upon the accuracy and completeness thereof. Article 8. COMPENSATION AND PAYMENT 8.1 Compensation The total compensation for all of the assignments required herein to be performed by Project Manager shall not exceed $697,500, said sum including reimbursable expenses as shown in Attachment 1, which is made a part hereof for all purposes. 8.1.1 Payment shall be based upon actual hourly wages times a multiplier not to exceed the following: 2.50 for Project Management Services and 3.0 for Design Professional Services. The hourly wages of employees of Project Manager are those shown in Attachment 3, which is made a part hereof for all purposes. 8.2 Payment The Project Manager shall be paid not more frequently than once per month on the basis of statements prepared from the books and records of account of the Project Manager, such statements to be verified as to accuracy and compliance with the terms of this Agreement by an officer of the Project Manager. Requests for payment shall be made in accordance with established City guidelines as described in Attachment 2. Payment according to statements will be subject to certification by the Director, Transportation and Public Works Department or his duly authorized representative that such work has been performed. Payments will be made within thirty (30) days from the date of receipt by the City, The City reserves the right to dispute any amount(s" of the request 6 for payment and withhold payment of disputed amount(s) until resolved to the satisfaction of both Parties, 8.3 M/WBE SUPPORTING DOCUMENTATION With each pay request submitted, Project Manager shall submit documentation regarding M/WBE participation in this Agreement, including but not limited to the M/WBE report form attached hereto as Attachment 4 and verifying documentation that payment to M/WBEs has been made. Article 9. INDEMNITY AND INSURANCE 9.1 Approval by the City of documents prepared under this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Project Manager, its officers, agents, employees and subconsultants, for the accuracy and competency of the services performed under this Agreement, including but not limited to surveys, location of subsurface investigations, designs, working drawings and specifications and other Engineering documents. 9.2 Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any negligent act, error or omission in the conduct or preparation of the subsurface investigations, surveys, designs, working drawings and specifications and other documents prepared by the Project Manager, its officers, agents, employees and subconsultants, it being the intent of the parties that approval by the City signifies the City's approval of only the general design concept of the improvements to be constructed. 9.3 In this connection the Project Manager shall indemnify and hold the City and all its officers, agents, servants and employees harmless from any loss, damage, liability or expenses, on account of damage to property and injuries, including death, to all persons, including but not limited to officers, agents, or employees of the Project Manager or Subcontractor, and all other persons performing any part of the work and improvements, which may arise out of any negligent act, error or omission in the performance of the Project Manager's professional services or in the preparation of other documents prepared by the Project Manager in fulfillment of the terms of this agreement. 9.4 The Project Manager shall defend at its own expense any suits or other proceedings brought against the City, its officers, agents, servants and employees, or any of them on account thereof, and shall pay all expenses and satisfy all judgments which may be incurred by or rendered against them arising out of the indemnification-, provided and except, however, that this indemnification provision shall not be construed as requiring the Project Manager to indemnify or hold the City or any of its officers, agents, servants or employees harmless from any loss, damages, liability or expense, on account of damage to property or injuries to person caused by defects or deficiencies in design criteria and information furnished Project Manager by City, or any deviation in construction from Project Manager's designs, working drawings, specifications or other documents, 7 9.5 Without limiting the above indemnity, Project Manager shall maintain a policy of comprehensive general liability insurance coverage with carriers acceptable to City in at least the following amounts: Commercial General Liability $1,000,000 Per Occurrence Employers Liability Insurance Bodily Injury $500,000 Each Accident $500,000 Policy Limit $500,000 Bodily Injury by Disease, each employee Workers Compensation Coverage A. Statutory limits Coverage B: Employer's Liability $100,000 each accident $500,000 disease - policy limit $100,000 disease — each employee Business Automobile Combination Single limits $500,000 each accident Personal Injury $2,500 each person Uninsured $500,000 each accident Professional Liability Insurance (Errors and Omissions) $1,000,000 Policy limit 9.6 Project Manager shall furnish City a Certificate of Insurance in at least the above amounts. Certificate shall contain a provision that such insurance cannot be canceled without 30 days prior written notice to City. The City reserves the right to revise insurance requirements specified in this agreement to the best interests of the City and shall reimburse Project Manager for the increased cost which may result from any revision. 9.7 General Insurance Requirements 9.7.1 Commercial General Liability coverage shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. 9.7.2 Certificate(s) of insurance shall document that insurance coverages specified are provided under applicable policies documented thereon. 8 9.7.3 Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 9.7.4 A minimum of thirty (30) days notice of cancellation, non-renewal or material change in coverage shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Project Manager's insurance policies. Notice shall be sent to the Superintendent, Building Services Division, City of Fort Worth, 3409 Harley Avenue, Fort Worth, TX 76107. 9.7.5 The City shall not be responsible for the direct payment of any insurance premiums required by this agreement. It is understood that insurance cost is an allowable component of the Project Managers general overhead. 9.7.6 The City reserves the right to revise insurance requirements specified in this agreement according to the best interests of the City. 9.7.7 Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. 9.7.8 Deductible limits, or self-insured retentions, affecting insurance required herein may be acceptable to the City at its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. 9.7.9 The workman's compensation policy shall each be endorsed with a waiver of subrogation in favor of the City as respects the Project. 9.7.10 The City shall be entitled, upon its request and without incurring expense, to review the Project Manager's insurance policies including endorsements thereto and, at the City's discretion, the Project Manager may be required to provide proof of insurance premium payments. 9.7.11 All insurance, except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the City 9.7.12 Subconsultants to the Project Manager shall be required by the Project Manager to maintain the same or reasonably equivalent insurance coverage, except for Professional Liability Insurance, as required for the Project Manager. Project Manager shall provide City with documentation thereof on certificates of insurance. The Project Manager shall assure that subconsultants provide acceptable and appropriate levels of Professional Liability coverage or that the Project Manager's coverage provides coverage for the work of the subconsultant. Notwithstanding anything to the contrary contained herein, in the event a subconsultant's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Project Manager of the Agreement. Article 10. INDEMNITY PERTAINING TO HAZARDOUS MATERIALS 10A CITY ACKNOWLEDGES PROJECT MANAGER WILL PERFORM PART OF THE WORK AT CITY'S FACILITIES THAT MAY CONTAIN HAZARDOUS 9 i l � • 1 y # a � � i y y t• r • - • � � • � 1 1 • s � y y s y i • • � r •- • � i 1 1. • . • 1 A . a;• s � 1 , A c a j a i y ; � 1 i • y M •.. i• f . i f f • f� f if ! f •` f f" f f f f o f � f f® f • papers and records of such subconsultant, involving transactions to the subcontract that City shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article; and that subconsultant shall copy such documents as may be requested by City. City shall give subconsultant reasonable advance notice of intended audits and shall pay for the costs of copies at the rate published in the Texas Administrative Code. 11.3 Project Manager agrees to photocopy such project related documents as may be requested by the City. The City agrees to reimburse Project Manager and Subconsultant for the costs of copies at the rate published in the Texas Administrative Code. 11.4 City agrees not to disclose or use in any way, commercial or otherwise, any information gained in the audit process concerning the practices, processes, methods or other confidential information of the Project Manager. Article 12. MINORITY AND WOMEN BUSINESS ENTERPRISES 12.1 In accordance with City of Fort Worth Ordinance No. 11923 as amended by City of Fort Worth Ordinance No. 13471, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Project Manager acknowledges the M/WBE goal of 27% established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by Project Manager may result in termination of this agreement and debarment from participating in City contracts for a period of time not less than three years. Article 13. INDEPENDENT CONTRACTOR 13.1 Project Manager shall perform all work and services hereunder as an independent Project Manager, and not as an officer, agent, servant or employee of the City. Project Manager shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and subconsultants. Nothing herein shall be construed as creating a partnership or joint venture between the City and the Project Manager, its officers, agents, employees and subconsultants, and doctrine of respondent superior has no application as between the City and the Project Manager. Article 14. TERMINATION 14.1 The City may terminate this Agreement at any time for convenience or for any cause by notice in writing to the Project Manager. Upon receipt of such notice, the Project Manager shall immediately discontinue all services and work and the placing of all orders or the entering into Contracts for supplies, I I assistance, facilities and materials in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. 14.2 Notwithstanding the above, if the Agreement is terminated for cause, the City may, at its discretion, notify Project Manager of the cause(s) for termination and grant Project Manager seven (7) days in which to cure said cause(s) for termination. 14.3 If the City terminates this Agreement under the foregoing paragraphs, the City shall pay the Project Manager for services performed in accordance herewith prior to such termination, less such payments having been previously made. Such payment shall be based upon the work completed up to the date of termination of the Agreement in accordance with the method of compensation prescribed in Sections V and VI hereof. Project Manager shall also be compensated for all termination related expenses such as meeting attendance, document reproduction, transfer of records. 14.4 Upon early termination or conclusion of this Agreement, the Project Manager shall provide the City reproducible copies of all completed or partially completed Project documents prepared under this Agreement which shall become the property of the City and may be used by the City in any manner it desires, The Project Manager shall not be liable for the use of such materials for any project other than the project described in this Agreement. Article 15. MISCELLANEOUS PROVISIONS 15.1 The City and the Project Manager each bind themselves, their successors and assigns, to the other party to this Agreement and to the successors and assigns of each other party in respect to all covenants of this Agreement. 15.2 Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. 15.3 Project Manager shall at all times observe and comply with all Federal and State 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, Project Manager agrees to defend, indemnify and hold harmless City and all its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. 15.4 Venue of any suit or cause of action under this Agreement shall fie in Tarrant County, Texas. 12 15.5 The following key personnel will be assigned to this Project: City of Fort Worth Project Manager: Director of Transportation and Public Works Project Manager Project Director: Ralph Cook Project Manager- Gil Holt Neither party may change key personnel without the prior written consent of the other party. 15.6 Project Manager is prohibited from submitting, either as a general contractor of subcontractor, any competitive bid for the construction work contemplated by this Agreement, 13 IN TESTIMONY THEREOF, the City of Fort Worth has caused this instrument to be signed in triplicate in its name and on its behalf, by its City Manager and attested by its City Secretary, with the Corporate Seal affixed; and the Project Manager has also properly executed this instrument in triplicate copies, each of which is deemed an original. Executed this the of February, 1999, ATTEST: CITY OF FOR T.WORTH Gloria Pear-sohr Mike Groomer City Secretary Assistant City Manager APPROVED AS TO FORM AND LEGALITY 7 Assistant C I FyAttorney ATTEST: AUSTIN COMMERCIAL, INC. A i I By: I &J d4 Name: Steve Warnick Title: Vice President Contract Authorization Daf-e 14 ATTACHMENT ONE RENOVATION AND EXPANSION FORT WORTH CONVENTION CENTER FEE STRUCTURE Salary Costs Phase 1 A $225,000 Phase 1 B 200,000 Total Salary $425,000 (NOTE: Salary costs include multipliers in amounts not to exceed 2.5 for Project Management Services and 3.0 for Design Professional Services respectively.) Reimbursables: Site and Utility Survey $ 50,000 Geotechnical Investigation and Foundation Study 30,000 Environmental Assessment 50,000 Public Meetings (Subconsultant) 20,000 Temporary Office Space 22,500 Temporary Services 5,000 Office Equipment and Supplies 10,000 Printing 35.000 Phase 10,000 Out of Town Travel (see below) 35,000 Miscellaneous 5,000 Total $272,500 GRAND TOTAL (Maximum Fee/Not To Exceed Amount) $697�_500 OUT OF TOWN TRAVEL: Project Manager and all subcontractors are expected to comply with the following Air Travel: Selection of the most economical flight arrangements possible. First class seating is prohibited. Costs for unused non-refundable discount tickets will not be reimbursed unless the City requires cancellation of the ticketed trip. Copies of ticket or passenger receipts must be provided. Automobile Travel. The City will provide reimbursement for automobile travel to locations more than 75 miles from Fort Worth using the current IRS standard mileage rate (currently $,032/mile provided that the total amount of mileage reimbursed per trip is lower than the lowest round-trip coach airfare to the location, Taxicab, bus, and limousine expenses will be reimbursed at actual cost. Reimburse for rental cars shall be limited to medium sized vehicles or smaller. Miscellaneous. Reimbursements for parking, meals. lodging and other expenses shall require the submission of a receipt, Exclusions. Alcoholic beverages, personal telephone calls, laundry or dry cleaning services, personal entertainment, spousal expenses, personal grooming, in-room movies, and other expenses not related to the fulfillment of obligations under this Agreement. 15 ATTACHMENT TWO GUIDELINES FOR REQUESTS FOR PAYMENT Project Manager shall submit monthly requests for payment ("invoices") that shall include: Summary Page to include: ■ Date of Invoice ■ Invoice Period (to/from dates) • Total Amount Due This Invoice ■ Amount of Professional Services invoiced ■ Amount of Reimbursable Expenses invoiced • Description of services performed during invoice period • Project Billing Summary • Current • Prior • Total • Payments Received • Balance Due on Prior Invoice Detail Pages to include: • Labor costs: Detail for each employee • Classification • Hours worked iff Cost • Expenses • Explanation of Reimbursables • Documentation, receipts, etc, (if required) ■ Description and amount of payments made to subcontractors • Completion of MWBE forms 16 egg Austin Ausdn Commercial An Austin industries Company C a Mana, )x 2._ 9 June 9. 1999 =4 7 ATTACHMENT 3 Mr. Paul Cain Transportation &Public Works Administration City of Fort Worth 1000 Throckinorton Street Fort Worth, 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, Hourly Wages Multiplier Houriv Fee Ralph W. Cook 50.4808 2,5 12621 Russell Harker 48.0769 15 120,20 Gil Holt 40.8654 15 102.17 Tom Neil 28.9462 15 72.12 Elizabeth Stratton 15.8654 2,5 39,67 Kelly Smith 19.7115 2.5 49.28 Kelly Williams 410808 2.5 105.21 Also, attached is Gideon ToaFs letter of June 3. 1999 containing their actual hourly wages. Please contact me if you have any questions, Sincerely, 16�l i I 46�6e� Ralph W. Cook Manager Design Build LL LL 7t LL a NIF" a 0 LEI i 'NZ LU �, LL. {.� 0 "- LU H d `c3 t i z LU CL F LU {( Z uj uj 4{ W �.► uj °LU a / � L W t `; b5 UJ lu ui �iZi , C A � W r 1. rc rc a" y d W Ul w` w Z r uj w I d tX cta ; At, ; t ULU City o,f.Fort Worth, Texas "(Door Cowl cou"Cit c 1119199 C-1 7228 20AUSTIN I 1 of 2 SUBJECT AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH AUSTIN COMMERCIAL FOR PROGRAM MANAGEMENT SERVICES FOR THE RENOVATION OF FORT WORTH CONVENTION CENTER RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a professional services agreement with Austin Commercial for program management services for the renovation of the Fort Worth Convention Center in an amount not to exceed $697,500. DISCUSSION: The 1998 Capital Improvement Program included $19,000,000 for the modernization and expansion of the Fort Worth Convention Center. This amount included funds for both program and construction management services. On August 28, 1998, a Request for Qualifications (RFQ) for Program/Construction Management Services for the expansion and renovation of the Fort Worth Convention Center was published in the Fort Worth Star-Telegram. Five responses to the RFQ were received on September 14, 1998. A panel including representatives from the City Manager's Office, Transportation and Public Works and Public Events Departments, Sundance Square Management and the City Council was convened to review the RFQ's and interview the respondents. Four of the five respondents took advantage of the opportunity to interview with the panel. Following the interviews, the panel issued a Request for Proposals (RFP), inviting two of the firms interviewed to submit responses. The RFP was divided to allow for separate proposals for Phase I, which included program management services and Phase II, which included construction management services. Approval of this M&C would authorize only Phase I — Program Management. The City Council will consider award of Phase II services under a separate M&C. Following a review of the two proposals, the interview panel unanimously agreed to recommend Austin Commercial Phase I - Program Management. Austin Commercial is being recommended for award because of their experience with this type of facility and clear approach to the project. Austin Commercial proposes to perform program management services including oversight of program development and architectural design through the design phase for an amount not to exceed $697,500. Payment to Austin Commercial will be based on actual hours worked plus reimbursable expenses, which is anticipated to be less than the authorized amount. Of the $697,500 Austin Commercial's direct fee will not exceed $260,000 with the remaining estimated costs attributed to services provided by other sub-consultants as follows: I I City of Fort Worth, Texas "agor Conti Council , Communication DATE REFERENCE NUMBER LC7G NAME Y PAGE 1119199 C-17228 20AUSTIN 2 of 2 SUBJECT AUTHORIZE PROFESSIONAL SERVICES AGREEMENT WITH AUSTIN COMMERCIAL FOR PROGRAM MANAGEMENT SERVICES FOR THE RENOVATION OF FORT WORTH CONVENTION CENTER Austin Commercial Phase 1A and IB $260,000 Gideon-Toal Architect $165,000 Garcia and Associates Civil Engineer(site survey, etc.) $ 50,000 PR Texas Project Coordination $ 20,000 To be determined Geotechnical Services $ 30,000 Environmental Services 50 000 $575,000 Reimbursables - Not to exceed $122,500 (office expenses, travel, direct cost, etc.) Austin Commercial has also provided a proposed fee structure for Phase 11 -construction management services as part of their response to the RFP. Although construction management services are not covered by this contract, it is likely that staff would recommend to the City Council the use of Austin Commercial as construction manager upon successful completion of Phase 1, authorized by this agreement. If awarded the contract for program management services, Austin Commercial would be precluded from bidding on the construction contracts as a general contractor. Austin Commercial has committed to 27% M/WBE participation on this phase of the project. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available, as appropriated, of the current capital budget of the Public Events Fund. MG:j Submitted for City Manager's FUND ACCOUNT !i CENTER AMOUNT NT FrY SRC TARY ; Office by: � (to) ITS Groomer 6146 i kMike rtginating I}e art ent Head. iR i � � = Hugo alanga 7801 (from) C192 531266 02010-2067001 $697,500.00 c°_ ry 02 Addition i Inforrnatic u csa taet; u z F i tu8o M�l�n� 7Ctt � s