HomeMy WebLinkAboutContract 26062 CITY SECRETARY
C6NTRACT NO. 4-
THIRD AMENDMENT TO CITY OF FORT WORTH CITY
SECRETARY CONTRACT NUMBER 246
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AMENDMENT to City of Fort Worth City Secretary Contract Number 24692 is
executed on the 01day of June, 2000 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 I
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 and City Secretary Contract No. 25954 f hereinafter referred to
as "PM Agreement"j) 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, the City Council of the City of Fort Worth, Texas, directed (mayor &
Council Communication C-17670 the City Manager to negotiate a Construction Management
contract with Construction Manager whereby Owner desires to add to the scope of Work the
Construction Phase Senices hereinafter identified, including construction of the Project, in
accordance with the terms and conditions of this Agreement; and
WHEREAS, Construction Manager understands that time is of the essence, and has
agreed to undertake all efforts to expedite the performance of the Work.' as redefined and set out
herein, so that construction of the Project will commence by June 26, 2000 and be substantially
completed on or before March 15, 2002; and
AUSTIN COMMERCIAL IN11C,
FORT WORTH CONVENTION CENTER
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WHEREAS, Construction Manager acknowledges that Owner has established a Project
Budget of $44,000,000, which said Budget Amount represents the of Lai not-to-exceed total all
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construction and service contract costs necessary for completion of the Project, together with all
Construction Manager's compensation, including Fee and Reimbursable Expenses, and all design
and construction managed by the City and constitutes the Owner's absolute limit under both the
PM Agreement and this Agreement for the full completion of the Project, including construction
of the Project. City managed design and construction shall not exceed $990,000 unless mutually
revised.
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, to include the following:
ARTICLE I
SCOPE OF THE CONSTRUCTION MANAGER'S WORK
1.1 Continuation of Design Phase Services, Construction Manager shall continue
performance of all Design Phase services in accordance with the terms of the PM
Agreement.
1.2 Construction Phase Services. The scope of the Construction Manager's work is hereby
expanded to include all Construction Phase services, as specified hereinbelow, including
construction of the Project. Construction Manager shall immediately commence and
fully complete all Construction Phase services to the extent necessary to achieve
completion of the Project within the time and budget limits previously stated
hereinabove.
1.3 Substantial Completion of the Project must be within the time and cost constraints
hereinabove specified, or as subsequently revised by written amendment hereto.
Construction Manager agrees to accomplish this goal, and represents to Owner that it is
attainable, understanding that the Owner is executing this Amendment in reliance upon
such representation of Construction Manager.
1.4 All of the terms and provisions of the PM Agreement between the Parties hereto. shall
apply to Construction Manager's scope of work, so that the scope of work is inclusive of
this amendment together with City Secretary Contract 24692 as amended by City
Secretary Contract Numbers 25295 and 25954. The to "Agreement," as used
hereinafter, shall mean, unless othen-vise indicated, the PM Agreement, as amended and
this Amendment. -here conflict exists between the terms of the contracts, the to of
this Amendment shall be controlling.
L5 In accordance with the agreed schedule, all construction contracts executed on the Project
shall be publicly advertised for competitive bids and accepted by the Owner. The
Council will authorize the execution of the construction contract between the
Construction Manager and the accepted Contractor using the Construction Manager's
standard form of agreement. The contracts shall be executed by the Construction
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Manager, who will then act in a dual capacity of providing continuing construction
management and construction supervisory services. Construction Manager hereby
accepts the assignment of such contracts to be awarded by Owner shall look to
Construction Manager and not individual contractors for 'the completion of the Project.
No assignment of any of the construction contracts shall extend to or affect the ownership
of the Project, which shall remain the sole property of the City of Fort Worth.
ARTICLE 2
CONSTRUCTION MANAGEMENT SERVICES
2.1 Construction Manager shall develop contractor interest in the Project as working Plans
and Specifications are fully completed. Manager shall: (1) establish bid schedules and
conduct pre-bid conferences, including on-site visits to endeavor to assure that potential
bidders understand the various site conditions, coordination and scheduling requirements;
and (2) analyze the bids, conduct pre-award conferences with successful bidders; and (3)
recommend to the Owner the bids to be accepted or rejected, within 10 days of receipt of
bids. The recommendations shall include advice on acceptability of lower-tier
subcontractors and suppliers proposed by bidders, as well as proposed "or equal" product
substitutions, if any.
2.2 Owner agrees to perform its responsibilities so as to assist Construction Manager to
facilitate the completion of the Project and represents to Construction Manager that there
will be sufficient funds available to pay Construction Manager up to the Budget Amount.
Should additional amounts be required to be expended over and above the Budget
Amount to achieve completion of the Project (including construction and payment to
Construction Manager in accordance with this Agreement) liability for and payment of
such additional amounts shall be the sole responsibility of Construction Manager and its
Contract Surety herein, and Owner shall never be liable for same. The Owner's
limitation of obligation or liability set out in this Paragraph 2.2 shall be
incontrovertible and unequivocal; any term or provision of the Agreement, the
Attachments hereto, or of any Subcontract executed in furtherance of the
anticipated construction hereunder shall not be construed or deemed to alter or
waive this absolute condition. Should the final Cost of the Work and Construction
Manager's compensation total less than the Budget Amount, or any approved revision
thereof, the difference shall inure to the benefit of Owner. Likewise, Construction
Manager's absolute responsibility for the completion of the Project in accordance with the
Construction Contract Documents, including the Plans and Specifications, and within the
agreed cost constraints, as well as Construction Manager's agreement to bear all costs in
excess of the Budget Amount without recourse to the ON-mer, if such excess costs are
necessary for the completion of the Work, including Project construction, shall be
incontrovertible and indisputable, and shall take precedence over all other terms and
provisions of this Agreement and the Attachments hereto, no part of which shall be
deemed to alter, diminish or waive such obligations.
23 The identified services set out below are not intended in any manner to diminish the
overall responsibility of Construction Manager for the full and final completion of the
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FORT WORTH CONVENTION CENTER
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Work, including Project construction, within the time and cost constraints specified
herein, Such services are as follows:
2.3.1 Maintain a competent, qualified, full-time staff to coordinate and provide
direction of the Project and progress of the contractors, so as to complete the
Project in accordance with the Contract Documents.
2.3.2 Establish an on-site organization and lines of authority in order to accomplish the
Project in accordance with the approved and accepted plans and specifications.
Prepare and submit, for ONviier's review and written approval, an organization
chart showing staff personnel, job classifications and salaries pertaining to the
Project, same to be updated periodically. Following Owner's written approval of
a Project Manager (the on-site representative during construction), the Project
Manager shall not be replaced or reassigned to another project without Owner's
written consent. Owner shall have the right to direct Construction Manager to
replace any employee assigned to the Project, including the Project Manager.
2.3.3 Establish procedures for coordination among the Owner, contractors and
Construction Manager pertaining to the Project and implement such procedures.
Establish emergency procedures and provide protection of the Project, equipment,
machinery, tools and materials.
2.3.4 Schedule and conduct progress meetings at which contractors, Owner, design
consultants (as necessary) and Construction Manager may discuss jointly such
matters as procedures,progress, problems and scheduling.
2.3.5 Assist the contractors in providing to the Owner and the Construction Manager a
detailed schedule for their operations on the Project, including activity sequences
and durations, allocation of labor and materials, processing of shop drawings and
samples, and delivery of products requiring long lead time procurement.
2.3.6 Provide regular monitoring of the Project Time Schedule as the work progresses.
Identify potential variances between scheduled and probable completion dates.
Review schedule for construction not started or incomplete and recommend to the
Owner and contractors adjustments in the Project Time Schedule to meet the
completion date. Provide summary reports of each monitoring and document all
changes in the Project Time Schedule.
2.3.`' Review and recommend as to the adequacy of the contractors' personnel and
equipment and the availability of materials and supplies to meet the Project Time
Schedule. Recommend courses of action to the ONvner when requirements of a
contract are not being met. Implement such courses of action as are required.
Terminate or suspend contractors, as necessary, with the prior approval of the
Owner. In the event of termination of a contractor, whether for cause or
convenience, Construction Manager shall proceed as expeditiously as possible to
secure a replacement Subcontractor:
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(a) In accordance with the Contract Documents and other applicable contract
procedures, make demand upon, consult and negotiate with the surety of a
terminated contractor to obtain a replacement, if the termination is the
result of a default, and enter into a contract with the surety-proposed
replacement contractor upon approval of the Owner;
(b) In the event of termination for convenience or in the event the surety fails
or refuses to perform in a default situation, assist the Owner as provided
under the contract to secure a new contractor for that portion of the Project
affected;
2.3.8 Develop and monitor a system of cost control. Revise and refine the initially
approved Project Budget; incorporate approved changes as they occur, and
develop cash flow reports and forecasts as needed. Identify variances between
actual and budgeted or estimated costs and advise Owner whenever projected cost
exceeds budgets or estimates.
2.39 Develop and implement a system for review and processing of Change Orders.
Recommend necessary or desirable changes to the Owner, review requests for
changes, submit recommendations to the Owner, and assist in negotiating Change
Orders.
2.3.10 Develop and implement a procedure for the review and processing of applications
for progress and final payments to contractors.
2.3.11 Obtain all building permits, except for barricade permits. Obtain approvals from
all the authorities having jurisdiction.
2.3.12 If required, assist the Owner in selecting and retaining professional services of a
surveyor, testing laboratories and special consultants, and coordinate these
services.
2.3.13 Inspect the work of contractors to guard the Owner against defects and
deficiencies. This inspection during the Construction Phase shall not relieve any
contractors from their responsibilities for construction means, methods,
techniques, sequences and procedures, nor for their responsibility to carry out the
construction ,vork in accordance with the Contract Documents.
1.3014 Review and coordinate the safety programs of each of the contractors and make
appropriate recommendations to the Owner. T"he performance of such services by
the Construction Manager shall not relieve the contractors of their responsibilities
for the safety of persons and property, and for compliance with all federal, state
and local statutes, rules, regulations, ordinances and orders applicable to the
Project.
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13.15 Establish and implement procedures for expediting the processing and approval of
shop drawings and samples. Monitor factory inspection and testing of items
fabricated outside the Project area.
2.3.16 Record the progress of the Project by submission of written progress reports to the
Owner, including information on the contractors, work and the percentage of
completion. Maintain a detailed daily log of jobsite events, which will be
provided to Owner weekly.
2.3.17 Maintain at the Project site, on a current basis, records of all Subcontracts,
contracts, Plans and Specifications received from the Architect, standards, shop
drawings, samples, purchases, materials, equipment, maintenance and operating
manuals and instructions, and any other documents and revisions thereto which
arise out of the Project. Obtain data from contractors and maintain a current set of
record Drawings, Plans and Specifications. At the completion and acceptance of
the Project, deliver all such records, including a full set of as-built Drawings,
operating manuals and warranties received from the Architect, to the Owner.
2.3.18 Secure from all contractors and lower tier subcontractors prior to commencement
of construction work on the Project required certificates of insurance and
affidavits of worker's compensation insurance and, upon the request of Owner,
certified copies of policies, evidencing proper insurance coverage to be in force.
Maintain certificates, affidavits and policies among the jobsite records and
provide copies to Owner for its records upon request.
2.3.19 Submit data for determination by the Owner of the Date of Substantial
Completion of the Project or designated portions thereof and a list of incomplete
or unsatisfactory items and a schedule for their completion. Assist the Owner in
conducting inspections and supervise the correction and completion of all
construction work.
2.3.20 With the Owner's personnel, direct the checkout of utilities operational systems
and equipment,
2.3.2 1 Submit data for determination by the Owner of the Date of Final Completion and
provide written notice to the Owner that the Project is ready for Final Inspection.
Secure and transmit to the Owner required guarantees, 'affidavits, warranties,
releases, bonds, consents of sureties and waivers. Turn over to the Owner all
keys, operating equipment, maintenance stocks, maintenance manuals, parts lists,
and as-built drawings received from the Architect.
23.22 Conduct with the Owner Post-completion inspections during the one-year
warranty period to ascertain the existence of defects in material and workmanship
and determine the necessity for correction of same. Assign, if possible. the causes
of same, the responsible contractor, and recommend reasonable corrective action.
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Aid the Owner in obtaining such corrective action and in filing insurance and
bond claims where coverage is available.
2.3.23 Within thirty (30) days after such warranty inspection, Construction Manager
shall advise Owner of the schedule that the responsible contractor has submitted
for the correction of the defective work. In the event that any responsible
contractor shall not have agreed to a reasonable schedule to correct the work.
Construction Manager, at its sole cost and expense shall perform the necessary
corrective work to the satisfaction of the Owner. Ultimate responsibility for
correcting defects in material and workmanship shall rest with Construction
Manager at no expense to the Owner.
2.3.24 Conduct with the Owner and Architect a Final Warranty Inspection within thirty
(30) days immediately preceding the end of the one-year warranty period.
2.3.25 Fully and completely settle, by litigation or otherwise, all contractor claims
arising out of the construction of the Project, without directly involving the
Owner, unless such claims result from an action or omission to act by the Owner.
Provided, however, that the Owner reserves the right, at Owner's sole election,
where the claim of a contractor would necessitate a Change Order increasing the
contract Sum, to make a reasonable audit of all books, records, accounts and other
data of the contractor relating to the claim and to overall performance of the
contract prior to approval of any claim. Manager shall provide for Owner's right
to audit claims and other Change Order requests in its form contact with each
contractor, as well as assure that such provisions are included in all subcontracts
that the contractors enter.
ARTICLE 3
TERM
Unless sooner terminated in accordance with the applicable provisions hereof, or extended by
supplemental agreement approved by the City Council, the Tenn of this Agreement shall be from
the date of its execution until final completion of Construction Phase Services in connection
therewith, including construction of the Project, the final one-year warranty inspection,
correction of defects and deficiencies in the Work, including construction work, and final
resolution of any outstanding Project-related claims or disputes.
ARTICLE 4
AWARD OF CONSTRUCTION CONTRACTS
4.1 All construction work, other than professional and personal services that the
Construction Manager customarily performs with its own field staff, shall be performed
under contracts.
4.2 Council will accept the bid from the apparent low bidder and authorize the Project
Manager to execute a construction contract with the bidder for the advertised prQject,
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1"ORTWOR'N I CONVENTION CENTER
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Council will also authorize the payment of funds to the Project Manager for payment to
the construction contractor under the contract between the Project Manager and the
Contractor as the work progresses.
4.3 Acceptance will be granted to the lowest responsible bid from a bidder that is responsive
to the bid invitation, provided the low bid is within the Budget Amount for the scope of
,work for which bids were solicited. However, if the contract bids which are received
exceed the Budget Amount for the scope of work for which bids were solicited, one or
more of the following initial procedures will be undertaken at Owner's election following
submission of the recommendation of the Construction Manager:
4.3.1 Deletion of non-essential bid alternates, but without reducing the scope of the
work unless Owner approves in writing, or
4.3.2 Reject all bids and rebid, or
4.3.3 Redesign to lower the cost to the budgeted amount, but only with the Owner's
consent, and rebid, or
4.3.4 Proceed with the award using, with Manager's consent, funds contained in the
"Contingency" (i.e., uncommitted budgeted funds or funds saved from prior
awards, which were below the established line item amounts).
4.3.5 Increase the Project Budget by the execution of an amendment to this Agreement.
4.4 In the event procedures 4.3.1, 4.3.2 or 4.3).3 are undertaken, Construction Manager will
provide Owner with a subsequent recommended procedure. If no bids are received on a
particular item, the Owner may rebid the item. Owner may reject Construction
Manager's initial or subsequent recommended procedure under this Paragraph 4.4, and
elect to follow one of the alternative procedures specified above.
4.5 The form of the construction contract shall be the Construction Manager's standard form,
adjusted to conform to the requirements of this Agreement and Owner's standard form of
agreement for construction projects. The construction contracts shall also contain the
indemnification in Article 13 of this contract.
4.6 It shall be the responsibility of Construction Manager to make payment properly due the
contractors from funds paid to Construction Manager by Owner for that purpose', subject
to the provisions of this Agreement, pursuant to applications submitted for payment, with
certification given to Owner following such payment. Payment due to contractors shall
be made within five (5) business days from the date Construction Manager receives
payment from City,
4.7 The Project Budget as stated in City Secretary Contract No, 25295 is amended to be
$44,000,000, as contained in Attac
ent I hereto.
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FORT WORTH CGNIVENTION CENTER 7
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ARTICLE 5
DATE FOR SUBSTANTIAL CONCLUSION LIQUIDATED DAMAGES AND
EXTENSIONS
5.1 For unexcused failure to substantially complete the Project on or before the date stated in
the Preamble, or any extension thereof granted by Owner, Owner shall be entitled to
recover from Construction Manager or its Surety, liquidated damages in the amount of
$1,000 per day for each calendar day that the time for Substantial Completion of the
Project exceeds the date specified herein for Substantial Completion. The amounts are
agreed to and stipulated by the Parties not as a penalty, but as a just and reasonable
forecast of the damages the Owner would sustain in the event of Construction Manager's
breach of performance, the calculation of actual damages being impractical, uncertain
and extremely difficult to ascertain with precision. Such stipulated amount shall be
recovered by deducting same from the monies due, or to become due, Construction
Manager, and if same be insufficient to cover the amount of liquidated damages owing,
the Construction Manager or its Surety shall pay the additional amounts due. in no event
will the amount of liquidated damages exceed the Construction Manager's fee.
5.2 If the Construction Manager is delayed at any time in the orderly progress of the Work by
any act, neglect, or failure to act by the Owner or by any employee, officer, official,
department, or representative, or by any separate contractor employed by the Owner, or
by changes ordered in the work, or by labor disputes, fire, unusual delay in transportation,
unavoidable casualties or any other causes beyond the Construction�Manager's control
(excluding all weather-related delays, except as provided in Paragraph 5.3 below), or by
delay authorized or directed by the Owner, the date for Substantial Completion of the
Project shall be extended and the Contract Completion date adjusted by Change Order for
a reasonable length of time. However, such extension will be granted only if the delay
cannot reasonably be made up elsewhere in the Project Time Schedule.
5.2.1 Any adjustment in the Project Budget under or pursuant to paragraph 5.2 shall be
limited to the increase, if any, of direct costs incurred by the Construction
Manager in the performance of its Services as a result of any delay(s) that cause
the term of this Agreement to be increased. Direct costs for the purposes of this
paragraph are those items set out below, specifically excluding main office
overhead.
5.2.1.1 Direct costs shalt include by means of example,-
(i) Salaries and 'labor burden for on-site project supervision and management.
00 Cost of field trailers (,furniture, personal computers, phone system, fax and
copier,
(in) Vehicles assigned to the field for project supervision and management.
(iv) Temporary facilities at the Project site,
(v) Escalation for labor, material and equipment purchased at a later date due
to the delay.
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(vi) Adjustment to insurance and bond premiums.
5.11.2 In no event shall the Construction Manager be entitled to any other
compensation or recovery of any damages under or pursuant to 5.2.1 in
connection with any delay, including, without limitation, consequential
damages, lost opportunity costs, impact damages, or other similar
remuneration.
5.3 The date for Substantial Completion provided in the Preamble includes an allowance for
the number of days in which the average weather conditions do not allow the prosecution
of the work, as those average weather conditions are determined by the National Weather
Service, Fort Worth Bureau, for the time period in question. Therefore, in regard to
extensions of time proposed for weather-related delays, Owner will only extend the date
for Substantial Completion of the Project for delays to critical tasks which cannot be
performed due to unusually severe weather conditions, deemed to be in excess of the
allowance for weather days, if all of the following criteria are met: (a) the unusually
severe weather conditions and the delay are adequately documented, based on
Construction Manager's data collected at the Project site, information from the official
records of the National Weather Service, Fort Worth Bureau, and information from the
Subcontractor in question; (b) the work could not be performed on at least one-half of
each work day for which an extension of time is requested as a result of the weather, and
not some other cause; (c) the delay cannot reasonably be made up elsewhere in the
Project Time Schedule; and (d) the cumulative number of days the work was actually
delayed because of weather conditions during the period in question exceeds the
cumulative number of days, based on average weather conditions, of possible weather
delay built into the Project Time Schedule for the period in question. Construction
Manager shall document the actual versus normal weather conditions along with any
resultant delays and actual number of days worked by the Subcontractors and submit to
the Owner within _3)0 calendar days of the event. The provisions of Paragraph 5.2 of this
Amendment shall govern any request or claim for an extension of time by the
Construction Manager. Nothing in this Paragraph 5.3 shall be construed as requiring the
Owner, under any circumstances, to be liable for any claim for extra costs or extra
compensation resulting from or associated with any weather delay, whether normal or
unusually severe. The terms of this Paragraph 5.3 shall be incorporated into and made a
part of all contracts entered into by Construction Manager in connection with
construct-Ion of the Project.
Ali�IJJCI_F6
MINORITY AND NVOMEN-OWNED BUSINESS ENTE
6,1 In accordance with City of Fort Worth Ordinance No. 11923 as amended by City of Fort
Worth Ordinance No, 13471, Owner has goals for the participation of minority and
women business enterprises (NI/WBE). Construction Manager acknowledges the
M/WBE goal of 27% established for the Amendment and its commitment to meet that
goal. Construction contract goals will be set and monitored as a separate action. Any
misrepresentation of fats (other that a negligent misrepresenitation) and/or the
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commission of fraud by Construction Manager may result in the termination of this
amendment and debarment from participating in City of Fort Worth contract for not less
than three years.
6.2 Construction Manager shall oversee the construction contractors for the Project to assure
their compliance with the same provisions included in the construction contracts.
Construction Manager shall not be liable to Owner in the event a contractor fails to
comply with the M/WBE Ordinance.
ARTICLE 7
CONSTRUCTION MANAGER'S FEE FOR
CONSTRUCTION MANAGEMENT SERVICES
7.1 In consideration of the performance of Construction Management services under this
Amendment and for services provided pursuant to City Secretary Contract Nos. 24692, as
amended by City Secretary Contract Number 25295 and City Secretary Contract No.
25954, the Owner agrees to pay the Construction Manager a Construction Manager's Fee
as set forth in Paragraph 7.1.1.
7.1.1 For all Program and Construction Management services performed, the Owner
shall pay the Construction Manager a Construction Manager's Fee. Such Fee
shall be paid in monthly installments in proportion to percentage of the Work
completed. Any balance of this Fee shall be paid at the time of final payment.
However, in no event shall the total amount of this Fee, all other compensation
and Cost of the Work due Construction Manager exceed the Budget Amount,
subject to adjustment by Change Order.
7.2 Included in the Construction Manager's Fee are the following expenses related to the
Work:
7.2.1 Salaries or other compensation of the Construction Manager's employees at the
principal office and branch offices, except employees listed in Subparagraphs
8.2.1, 8.2.2 and 8.2.20, of this Amendment.
7.2.2 General operating expenses of the Construction Manager's principal and branch
offices other than the field office.
7,23 Any part of the Construction Manager's capital expenses, including interest on the
Construction Manager's capital employed for the Work,
7 ')
—.4 Profit, overhead or general expenses of any kind, except as may be expressly
included in Article 8 of this Amendment,
Monthly invoices for the payment of Construction Manager's Fee as set out hereinabove
shall be submitted as part of the Construction Manager's itemized Application for
Payment.
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7,4 As both Project and Construction Manager, Construction Manager's Fee shall be 3.5% of
the Cost of the Work, -which includes the cost of construction, and the soft costs, which
include preliminary project planning, management consulting team, architectural design
fees and reimbursables as shown on Attachment I hereto. The total fees to be paid to
Construction Manager under City Secretary Contract No. 24692, as amended by City
Secretary Contract Nos. 25295 and 25954 and this amendment shall not exceed
$8,836,000. The anticipated breakout of the fees and reimbursables is shown in
Attachment 2 hereto.
ARTICLE 8
REIMBURSABLE COSTS OF THE WORK
8,1 The term "Cost of the Work" shall mean direct costs necessarily incurred in the
performance of the Services and Work, and paid or payable by the Construction
Manager, and not included in the Construction Manager's Fee as set forth in Article 7 of
this Agreement.
8.1.1 The Owner agrees to pay the Construction Manager for the Cost of the Work as
defined in this Article 8, subject to submission by Construction Manager of all
back-up substantiation as may be reasonably required by the Owner. Such
payment shall be in addition to the Construction Manager's Fee specified in
Article 7. However, in no event shall the sum of payments for the Cost of the
Work, Construction Manager's Fee and any other Construction Manager
compensation exceed the Project Budget Amount, as adjusted by Amendment.
8.2 Cost items.
8.2.1 Wages paid for labor in the direct employ of the Construction Manager in the
performance of the Work under any applicable collective bargaining agreement,
or under a salary or wage schedule agreed upon by the Owner and Construction
Manager, and including reasonable and customary benefits, if any, as may be
payable with respect thereto. Such costs shall be at rates not higher than the
standard pay in the locality of the work except with prior consent of the Owner,
and shall include the items set forth below in this Article. The reasonable cost of
drug testing for all of Construction Manager's employees utilized on or hired for
the Project, whether management or labor, shall also be a Cost of the Work.
8.2.21 Salaries of Construction Manager's employees shall be at or below the level of
Regional Project Manager, when engaged on the Work and stationed at the Field
Office, in whatever capacity employ'-d. Employees engaged, at shops or on the
road, in expediting the production or transportation of materials or equipment,
shall be considered as stationed at the field office and their salaries paid for that
portion of their time spent on this Work.
8,2.3 Cost of reasonable and customary pension contributions, hospitalization
insurance, medical insurance, assessments or taxes for such items as
unemployment compensation and social security, insofar as such cost Is
reasonably based on wages, salaries, or other remuneration paid to employees of
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the Construction Manager and included in the Cost of the Work under
Subparagraphs 8.2.1, 8.2.2. 8.2.24 and
8.2.25 herein.
8.2.4 With prior approval, the proportion of reasonable travel and hotel expenses
incurred outside of the Dallas/Fort Worth metropolitan area by the Construction
Manager's officers or employees in discharge of duties directly connected with the
Project.
8.2.5 Cost, including transportation and maintenance, of all materials, supplies,
equipment, temporary facilities and hand tools not owned by the workmen, which
are employed or consumed in the performance of the Work, and cost less salvage
value of such items used but not consumed which remain the property of the
Construction Manager.
8.2.6 Cost of the premiums for all bonds and insurance coverage required by this
Contract, or deemed necessary by the Construction Manager, in the normal
pursuit of the Project. Insurance premiums for company-wide coverage will be
pro-rated on the basis of value of the Project completed during the premium
period. Cost of, or payment of, all deductible amounts, not otherwise recoverable
from third parties or not the result of a claim based upon Construction Manager's
negligence, under any insurance furnished by the Owner, or under insurance
policies required by this Contract or deemed necessary by the Construction
Manager in the normal pursuit of the Work.
8.2.7 Taxes, if any, related to the Project; however, as Owner qualifies for exemption
under Section 151.309 of the Texas Limited Sales, Excise and Use Tax Act,
Construction Manager shall alert all contractors to prevent erroneous payment of
taxes covered by this exemption.
8.2.8 Permit fees, licenses, tests, royalties; deposits lost for causes other than the
Construction Manger's negligence.
8.2.9 Minor expenses such as telegrams, long-distance telephone calls, telephone
service at the site, expressage, and similar petty cash items in connection with,
and for the benefit of, the Project.
8210 Cost of removal of debris, Removal of debris left by other contractors hired by
the Owner is not a part of this Contract.
8.2.11 Cost incurred due to an emergency affecting the safety of persons and property.
8.2.12 Other costs incurred in the performance of the Project Management Services and
Design Services, if and to the extent approved in advance in writing by the
Owner.
8.2.13 The reasonable, actual direct cost of data processing services as required for the
Project. Such costs shall be specifically documented as having been done for the
Project. W
8.2.14 Legal costs growing out of prosecution of the Project for the Owner will only be
reimbursable if such were incurred for the direct benefit of the Owner and 'with
prior �:vritten approval of Owner.
A 'S'i'IN COMMERCIAL,INC
FOR MORTH CONVENTION CEWER
Page 13 cif?3
8.2.15 Cost or rental of temporary portable buildings and toilets as required; cost of
utilities, ice, water, containers, cups, fire extinguishers, first-aid sup-plies, safety
equipment, off-site storage space or facilities, progress photographs or videotape
records.
8.2.16 All reasonable costs and expenditures necessary for the operation of the field
office, such as stationery, supplies, blueprinting, furniture, fixtures, office
equipment, etc.
8.2.17 Costs incurred by the Construction Manager in preparing and maintaining
progress schedules, budgets, and reports required hereby.
8.2.18 Service fees assessed by Associated General Contractors of America and the
Associate Building Contractors, but only as they relate to this Project.
8.2.19 Construction Manager shall be responsible for enforcing warranties and for
obtaining correction and/or replacement of all defective work not constructed or
installed in accordance with the Contract Documents. All such corrective or
remedial work required by the Contract Documents shall be performed by the
responsible contractors under the terms of their contracts, without additional cost
to the Owner. Costs incurred by Construction Manager to correct or remedy work
performed by Construction Manager's own forces, or where the responsible
contractor fails to perform, shall not be a Cost of the Work, and shall be
Manager's sole responsibility, at no additional cost to the Owner; provided,
however, Construction Manager shall be entitled to the proceeds of any contractor
bonds, where such contractor has defaulted in this regard.
8.2.20 Salaries of Construction Manager's Project Manager, Contract Manager, Safety
Engineer, M/WBE Coordinator, Superintendent, Project Engineer, Estimator,
Scheduler, and Procurement Specialist (for coordinating, costing, scoping and
purchasing of major Project items), earned after the date of this Amendment,
whether stationed at the Field Office or at the Main Office of the Construction
Manager, for that portion of their time spent on the Project.
8.3 If, after a substantial loss from fire, flood, or similar cause not due to the default or
neglect of the Construction Manager, the Construction Manager is put in charge of
reconstruction, the Construction Manager shall be paid a fee for its services proportionate
to the fee specified in Article 7 of this Amendment. Any such reconstruction work shall
be considered part of the Scope of the V,,ork, except that the Construction Manager's Fee
under the Budget Amount shall be adjusted accordingly, unless otherwise reimbursed by
the proceeds of insurance, or through utilization of the procedure set out in Paragraph
9,1.2 below,
ARTICLE 9
CHANGES IN THE WORK
9.1. Change Orders.
9,1.1. Subject to Paragraph 9.1.2 below, 0-wner, without invalidating the Contract, may
order Changes in th-e Project consisting of additions, deletions or other revisions,
AU'STIN COMMERCIAL,INC.
FORTWORTI I CMVENTION CENTER
Pan 14 ol'23
the Budget Amount and the Project Time Schedule being adjusted accordingly
where necessary. All Changes in the Project shall be authorized by a fully
executed hereto, or by Change Order to the contracts for construction in
accordance with this Article 7 of the Contract Documents for the applicable bid
package. In this regard, all construction contracts shall contain a provision
entitling Owner to make changes in the Plans or Specifications after performance
has commenced, or to decrease or increase the quantity of Work to be performed
or materials, equipment or supplies to be furnished; provided, however, that the
original construction contract price shall not be increased more than twenty-five
(25%)percent, nor decreased by more than 25%
9.1.2. Following receipt of contractor bids by Owner amounting to 75% of the value of
the hard costs construction, the Owner and Construction Manager shall continue
to review the Hard Costs of Construction (contained in Attachment 1). Where
review indicates an over-all savings in the line items, based upon bids received
below original estimates, the resulting savings shall increase the "Construction
Contingency" line item, Owner shall, at that time and subsequently during the
term of the this Amendment, be authorized to transfer all amounts in excess of
10% of the Hard Costs of Construction from the "Construction Contingency" to
the "Project Contingency," and to order necessary additive Changes in the Work,
without increasing the Budget Amount. Unused portions of the Project
Contingency shall be added to the Phase 11 Project Budget. Any use by the
Owner of the original or adjusted "Project Contingency" will be made without
increasing the Budget Amount. Owner may, at its option, utilize the "Construction
Contingency" balance for additive Changes in the Work; however, Owner shall
acknowledge, in writing, the additive Changes as being outside the original Scope
of the Work, in order that Manager may be entitled to a subsequent credit to the
"Construction Contingency" line item (addition to the Budget Amount) for the
amount of such portion utilized for such additive Changes in the event the
"Construction Contingency" line item amount is insufficient for its intended
purpose under this Agreement.
9.1.3. All Change Orders shall be specific and final as to prices and/or extensions of
time, with no reservations or other provisions allowing for future additional
money or time as a result of the particular changes identified and fully
compensated in the Change Order. Any Change Order affecting one contractor
shall include all changes necessary to all contractors. No action or omission to act
by Owner or acceptance and approval of a Change Order, shall be deemed a
waiver, release, revision, modification or deletion of this absolute condition- and
any reservations or other provisions in a Change Order allowing for future
additional money or time, over and above the specific prices and extensions
granted therein, shall be deemed null and void, or otherwise unenforceable and
withdrawn.
9.1.4, The Construction Manager shall submit all change orders of $50,000 or more,
whether additive or deductive, to the Owner for review prior to any work being
undertaken u=nder such proposed change order.
At 1STIN COMMERCIAL INC,
FORTWORTH CONVEN'TION CENTER
Page 15 of_23
J
9.2. If the Construction Manager wishes to make a claim for Additional Services directed by
Owner, necessitating an increase in the Budget Amount, or necessitating use of
contingency funds, it shall give the Owner written notice thereof after the occurrence of
the event giving rise to such claim. No such claim shall be valid unless so made. This
notice shall be given by the Construction Manager before proceeding to execute the
work, except in an emergency endangering life or property, in which case the
Construction Manager shall act, at its discretion, to prevent threatened physical damage,
injury,ury, or loss. An change in the Project Budget Amount or in the Project Contingency
line item resulting from such claim may only be authorized by amendment. However, is
understood and agreed that one of Construction Manager's primary duties is the
anticipation and avoidance of potential claim situations.
9.3. Field Orders: Construction Manager shall have authority to order minor Changes in the
Work, within the Scope of the Project, not involving additional cost or an extension of
the Project Time Schedule and not inconsistent with the Contract Documents. Such
Changes may be effected by Field Order. Field Orders shall be submitted to the Owner
for record purposes within 3 calendar days of execution. Such changes shall be binding
on the Owner, provided at least 3 working day's notice and 3 additional day's notice to
object have elapsed.
9.4. Emergencies: During an emergency affecting the safety of persons or property, the
Construction Manager shall act, at its discretion, to prevent threatened physical damage,
injury or loss. Any additional compensation or extension of time claimed by the
Construction Manager on account of emergency work shall be determined as provided in
this Article.
ARTICLE 10
DISCOUNTS, REFUNDS, SALES OF SURPLUS MATERIALS
10.1 All discounts, if realized, for prompt payment shall belong to the Owner and shall be
accounted for in the applicable line item. All trade discounts, rebates, and refunds, and
all returns from sale of surplus materials and equipment, shall likewise belong to the
Owner, and the Construction Manager and Owner shall make provisions so that they can
be secured, the amounts thereof to be accounted for in the applicable line item.
ARTICLE I I
APPLICATIONS FOR PAYMENT
11.1 The Construction Manager shall submit to the Owner a statement of the work performed
during the preceding month by its personnel and subconsultants for which it claims it is
entitled to be paid. This statement shall be in a form based upon a "Schedule of Values"
The statement shall include all monthly payroll data, by classification, of Manager's field
personnel. All payroll records must be maintained and submitted by Worker's
Compensation classification codes. Each such statement shall include an amount for the
Construction Manager's Fee computed on the basis of 100% of the amount earned for the
statement period.
AUSTIN COMMERCIAL,INC,
FORT WORITJ CONVENTION CENTER
Pa.-e 16 o'23
11.2 The Construction Manager shall certify and forward contractors Requests for Payment.
The statement may also include the reasonable value of materials or equipment not yet
incorporated in the Project, but delivered, inspected and suitably stored at the site, or,
with Owner's consent and subject to compliance with any conditions thereof, at some
other location agreed upon.
11.3 The Construction Manager agrees that 5% of the amounts due under each construction
contract shall be retained by the Owner until thirty (30) days after Final Completion of
the Project under this Amendment, except that upon mutual agreement by the Owner and
Construction Manager, and with consent of the Construction Manager's surety, payment
in full shall be made to those contractors whose work is fully completed and accepted
during the early stages of the Project, and who have provided a bond or equivalent
security for any remedial or corrective work, acceptable to the Owner and Construction
Manager.
11.4 Owner will review the Construction Manager's statement of monies due within fifteen
(15) days and will promptly issue a payment as provided for elsewhere herein
11.5 Final payment, constituting the unpaid balance of the Cost of the Project, retainage due
contractors, compensation for Program Management services and design services, and the
balance of the Construction Manager's Fee, shall be paid by the Owner to the
Construction Manager thirty (30) days after Final Completion of the Project and
acceptance by Owner, and a final Application for Payment has been issued by the
Construction Manager,
11.6 No amounts due Construction Manager hereunder, other than for payments to
construction contractors shall be subject to retainage.
ARTICLE 12
PERFORMANCE AND PAYMENT BONDS
12.1 With the execution and delivery of this Amendment Construction Manager shall furnish
to Owner, in the amounts herein required, the following Surety Bonds in the form
attached hereto, in accordance with the provisions of Chapter 2253, Texas Government
Code:
(a) A Performance Bond in the full amount of the Total Project Budget, guaranteeing
the full and faithful execution of the Project and performance of this Amendment,
in accordance with the Plans, Specifications and Contract Documents, including
any revisions thereof pursuant to the Contract Documents. for the protect-Ion of
the OxNmer. This bond shall also provide for the repair 'or replacement of all
defects due to faulty materials and workmanship that appear within a period of
one (1) year from the date of from the date the Prqject is accepted.
(b) A Payment Bond in the full amount of the Budget Amount, guaranteeing the full
and proper protection of all claimants supplying labor and material in the
prosecution of the Work and for the use of each such claimant.
AUSTfN COMMERCIAL,INC,
FOR TWORTH CONVENTION CENTER
Page 17 of 23
It
12.2 Construction Manager, as Principal, and one or more corporate sureties fully acceptable
to Owner, shall execute each Bond. Owner reserves the absolute right to reject any
proposed Surety in litigation with Owner, or any of Owner's agencies.
ARTICLE 13
INDEMNIFICATION
13.1 Section 9.3 of Article 9 of City Secretary Contract No. 24692 is hereby amended to read
as follows:
9.3 Manager agrees to defend, indemnify and hold Owner, its officers, agents
and employees, and the Architect, harmless against any and all claims,
lawsuits, judgments, costs and expenses for personal injury (including
death), property damage or other harm for which recovery of damages is
sought, suffered by any person or persons, that may arise out of or be
occasioned by Manager's breach of any of the terms or provisions of this
Contract, or by any negligent, grossly negligent or strictly liable act or
omission of Manager, its officers, agents, or employees, in the performance
of this Contract, except that the indemnity provided for in this paragraph
shall not apply to any liability resulting from the sole negligence or fault of
Owner, its officers, agents, employees or separate contractors, and in the
event of joint and concurrent negligence or fault of the Manager, the Owner,
responsibility and indemnity, if any, shall be apportioned comparatively in
accordance with the law of the State of Texas,without, however, waiving any
governmental immunity available to the Owner under Texas law and without
waiving any defenses of the parties under Texas law. The provisions of this
paragraph are solely for the benefit of the parties hereto and are not
intended to create or grant any rights, contractual or otherwise, to any other
person or entity.
ARTICLE 14
AMENDMENTS TO PRIOR AGREEMENTS
14.1 Article 9 of City Secretary Contract No. 24692 is amended by adding the following
sections to said Article 9:
9.8 PROPERTY INSURANCE
9.8.1 Unless otherwise provided, the Construction Manager shall purchase and
maintain, in a company or companies lawfully authorized to do business in the
jurisdiction in which the Project is located, property insurance written on a builder's risk
"all-risk" or equivalent policy form in the amount of the initial Construction Budget, plus
the value of subsequent Contract modifications and cost of materials supplied or installed
by others, comprising total value for the entire Project at the site on a replacement cost
basis without optional deductibles. Such property insurance shall be maintained, unless
otherwise provided in the Agreement or otherwise agreed in writing by all persons and
entities who are beneficiaries of such insurance, until final payment has been made or
AUSTIN COMMERCIAL,INC,
FORT WORTH CONVENTION CENTER
Page 1 8 of
until no person or entity other than the Owner has an insurable interest in the property
required by this Paragraph 9.8, whichever is later. This insurance shall include interests
of the Owner. the Construction Manager, contractors, subcontractors and sub-
subcontractors in the Project.
9.8.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall
include, without limitation, insurance against the perils of fire (with extended coverage)
and physical loss or damage including, without duplication of coverage, theft, vandalism,
malicious mischief collapse, earthquake, flood, windstorm, falsework, testing and startup,
temporary buildings and debris removal including demolition occasioned by enforcement
of any applicable legal requirements, and shall cover reasonable compensation for
Construction Manager's and contractor's services and expenses required as a result of
such insured loss.
9.8.1.2 If the property insurance requires deductibles, the Owner shall pay costs not
covered because of such deductibles, not to exceed $10,000 per occurrence with a
$50,000 aggregate. Such deductible payments shall be included in "Exposures" within
the Project Budget.
9.8.1.3 This property insurance shall cover portions of the Work stored off the site, and
also portions of the Work in transit.
9.8.1.4 Partial occupancy or use shall not commence until the insurance company or
companies providing property insurance have consented to such partial occupancy or use
by endorsement or otherwise. The Owner and the Construction Manager shall take
reasonable steps to obtain consent of the insurance company or companies and shall,
without mutual written consent, take no action with respect to partial occupancy or use
that would cause cancellation, lapse or reduction of insurance.
9.8.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler
and machinery insurance which shall specifically cover such insured objects during
installation and until final acceptance by the Owner; this insurance shall include interests
of the Owner, Construction Manager, contractors, subcontractors and sub-subcontractors
in the Work, and the Owner and Construction Manager shall be named insureds.
9.8.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and
maintain such insurance as will insure the Owner against loss of use of the Owner's
property due to fire or other hazards, however caused. The Owner waives all rights of
action against the Construction Manager for loss of use of the Owner's property,
including consequential losses due to fire or other hazards however caused.
9.8.4 If during the Project construction period the Owner insures (or self insures)
properties, real or personal or both, at or adjacent to the site by property insurance under
policies separate from those insuring the Project, or if after final payment property
insurance is to be provided on the completed Project through a policy or policies other
than those insuring the Projeet during the construction period, the Owner shall waive all
AUSTIN COMMERCIA—IJINC,
NTION CENTER
ORTWORTH CO N VE
Page 19 of 23 6', 7
U li,
rights in accordance with the terms of Subparagraph 9.8.6 for damages caused by fire or
other causes of loss covered by this separate property insurance. All separate -policies
shall provide this waiver of subrogation by endorsement or otherwise.
9.8.5 Before an exposure to loss may occur, each party shall file with the other party a
copy of each policy that includes insurance coverages required by this Paragraph 9.8.
Each policy shall contain all generally applicable conditions, definitions, exclusions and
endorsements related to this Project. Each policy shall contain a provision that the policy
will not be canceled or allowed to expire, and that its limits will not be reduced, until at
least 30 days'prior written notice has been given to the Contractor.
9.8.6 Waivers of Subrogation. The Owner and Construction Manager waive all rights
against (1) each other and any of their contractors, subcontractors, sub-subcontractors,
agents and employees, each of the other, and (2) the Architect, Architect's consultants,
and separate contractors, for damages caused by fire or other causes of loss to the extent
covered by property insurance obtained pursuant to this Paragraph 9.8 or other property
insurance applicable to the Work or property adjoining or adjacent to the site, except such
rights as they have to proceeds of such insurance held by the Owner as fiduciary. The
policies shall provide such waivers of subrogation by endorsement or otherwise. A
waiver of subrogation shall be effective as to a person or entity even though that person
or entity would otherwise have a duty of indemnification, contractual or otherwise, did
not pay the insurance premium directly or indirectly, and whether or not the person or
entity had an insurable interest in the property damaged.
9.8.7 The Owner and Construction Manager shall have power to adjust and settle a loss
with insurers unless one of the parties in interest shall object in writing within five days
after receipt of written notice of the occurrence of loss. The Owner and Construction
Manager shall, in the case of arbitration, make settlement with insurers in accordance
with directions of the arbitrators. If distribution of insurance proceeds by arbitration is
required, the arbitrators will direct such distribution.
14.2 Article 10 of City Secretary Contract No. 24692 is amended by adding the following
sections to said Article 10:
10.4 Unless otherwise expressly provided in the Contract Documents to be part of the
Work, Construction Manager is not responsible for any Hazardous Conditions
encountered at the Site. Upon encountering any Hazardous Conditions, Construction
Manager will stop Work immediately in the affected area and duly notify Owner.
10.4.1 Upon receiving notice of the presence of suspected Hazardous Conditions, 0,,vner
shall take the necessary measures required to ensure that the Hazardous Conditions are
remediated or rendered harmless, Such necessary measures shall include Owner
retaining qualified independent experts to (i) ascertain whether Hazardous Conditions
have actually been encountered, and, if they have been encountered, (it) prescribe the
remedial measures that Owner must take either to remove the Hazardous Conditions or
render the Hazardous Conditions harmless.
10.4.2 Construction Manager shall be obligated to resume Work at the affected area of
Zn
the Project only after Owner's expert provides it with written certification that ff') the
AUSTIN COMMERCIAL.,INC.
F'ORT WORTH CONVENTION CENTER
Page 20 of 23
Hazardous Conditions have been removed or rendered harmless and (ii) all necessary
approvals have been obtained from all government and quasi-government entities having
jurisdiction over the Project or Site.
10.4.3 Construction Manager will be entitled to an adjustment in its Soft Costs and/or
Project Time(s) to the extent Construction Manager's cost and/or time of performance
have been adversely impacted by the presence of Hazardous Conditions.
14.3 Article 14 of City Secretary Contract No. 24692 is amended by adding the following
sections to said Article 14:
14.5 Construction Manager may, in addition to any other rights afforded under the
Contract Documents or at law, stop work for the following reasons:
14.5.1 Owner's failure to pay amounts properly due under Construction Manager's
Application for Payment.
14.6 Should the event set forth above occur, Construction Manager has the right to
provide Owner with written notice that Construction Manager will stop work unless said
event is cured within seven (7) days from Owner's receipt of Construction Manager's
notice. If Owner does not cure the problem within such seven (7) day period,
Construction Manager may stop work. In such case, Construction Manager shall be
entitled to make a claim for adjustment to the Budget Amount and Project Time to the
extent it has been adversely impacted by such stoppage.
14.7 Construction Manager, in addition to any other rights and remedies provided in
the Contract Documents or by law, may terminate the Agreement for cause for the
following reasons:
14.7.1 The Work has been stopped for thirty (30) consecutive days because of court
order, any government authority having jurisdiction over the Work, or orders by Owner,
provided that such stoppages are not due to the acts or omissions of Construction
Manager or anyone for whose acts Construction Manager may be responsible.
14.7.2 Owner's failure to provide Construction Manager with any information, permits
or approvals that are Owner's responsibility under the Contract Documents which result
in the Work being stopped for thirty (30) consecutive days, even though Owner has not
ordered Construction Manager in writing to stop and suspend the Work pursuant to
Section 14.1 hereof.
14.7.3 Owner's failure to cure the problems set forth in Section 14.5,1 above after
Construction Manager has stopped the Work.
ARTICLE 15
MISCELLANEOUS PROVISIONS
15.1 All other terms, conditions, and covenants contained in City Secretary Contract Numbers
24692, 25295, and 25954 not amended hereby continue in full force and affect.
A!,�STIN COMMERCIAL,INC,
FOR,r WORTI I CONVENTION CENTER
Pa'ale I of'23
15.2 The following individuals are designated as Project representatives of the Owner and
Construction Manager for those purposes specifically identified herein and for no other:
Owner:
Kirk Slaughter
1 1 1 I Houston St.
Fort Worth, Texas 76102
Telephone 817-212-2502
Fax 817-212-2756
with a copy to
Hugo Malanga
1000 Throckmorton St.
Fort Worth, Texas 76102
Telephone 817-871-7800
Fax 817-871-8092
Construction Manager
Ralph Cook
3535 Travis Street, Suite 300
Dallas, Texas 75204
Telephone 214-443-5700
Fax 214-443-5790
15.2 Construction Manager shall continue to provide and maintain insurance in the types and
amounts specified in City Secretary Contracts 24692 and 25295.
153) Concealed or latent physical conditions or subsurface conditions at the Site that (i)
materially differ from the conditions indicated in the Contract Documents or (ii) are of an
unusual nature, differing materially from the conditions ordinarily encountered and
generally recognized as inherent in the Work are collectively referred to herein as
"Differing Site Conditions". If Construction Manager encounters a Differing Site
Condition, Construction Manager will be entitled to an adjustment in the Total Project
Budget and/or Project Time to the extent Construction Managers cost and/or time of
performance are adversely impacted by the Differing Site Condition.
15,4 Upon encountering a Differing Site Condition, Construction Manager shall provide
prompt written notice to Owner of such condition, which notice shall not be later than
fourteen (14) days after such condition has been encountered, Construction Manager
shall, to the extent reasonably possible, provide such notice before the Differing Site
Condition has been substantially disturbed or altered.
1JSTJN!COMMERCIAL,INC.
FORTWORTIT CONVENTIOIN CENTER
Page 22 of 23
IN WITNESS WHEREOF, Owner has caused this Agreement to be signed in its corporate name
by its Assistant City Manager, duly authorized to execute the same in its behalf by Mayor and
Council Communication No. C-10850, approved by the City Council on May 30, 2000, and
Austin Commercial, Inc. has signed by and through its duly authorized Vice President, thereby
binding the Parties hereto, their successors, assigns and representatives for the faithful and full
performance of the terms and provisions hereof.
APPROVED AS TO FORM: CITY OF FORT WORTH
MIKE GROOMER, Asst. City Manager
'4
BY BY V
Assista ity Attorney Assistant City Manager
ATTEST: CONSTRUCTION MANAGER:
STEVE WARNICK, Vice President
BY BY
S+6j-J, (khaAAACb
Corporate Secretary Vice President
RECORDED:
BY
City Secre ry
I-' 9- 6,C"s
Date
,0 - X 8 0-5 0
Contract Authorization
1
10
Date
AUSTIN CONTMERCIAL.INC.
FOR-r WORTH CONINVENTION, CENTER
Page 23 of 23
4i;
ATTACHMENT 1
PHASE 1 PROJECT BUDGET
CITY MANAGED DESIGN & CONSTRUCTION
Soft Cost Owner $865,000
Environmental $125,000
CM MANAGED DESIGN & CONSTRUCTION
Soft Cost Construction Manager $8,836,000
Hard Cost Construction
Construction Contracts $28,100,000
Construction Contingency $2,800,000
Exposures $625,000
Project Contingency $2,649,000
Total Project Budget $44,000,000
AT JS'FIN COMMERCIAL,IN-C,
FORT WORTH CONVEN'110N C!"NTER
ATTACHMENT 2
Project Management Fee 1,400,000 3.5% of Project costs, including
contingency, less city managed
construction and PM fee
Soft costs
Preliminary Project Planning
Phase 1A- Project Planning and Conceptual 225,000
Design
Phase 1 B- Design/Preliminary Construction
Management Services
Design Management/Coordination 364,375
Bidding Phase 70,000
Project planning, Preliminary 659,375
Management Team consulting Team
Architectural Services 75,000
Conventional Wisdom 66,000
Terra-Mar 58,140
Philip Johnson 12,000
211,140
Architectural Design Fee
Phase 1 2,284,528
Phase !A 300,000
Phase 2 (Preliminary Schematic Design Fee) 101,987
2,686,515
Reimbursables
Professional services
CM Services (Consultants)
Additional services (A/E)
Reimbursables by subconsultants
Environmental Study
Material Testing
Survey/Civil
Geotechnical
Traffic
Direct Expenses,
PR Advertisement
Travel
Printing
Misc. Reirribursables
CM staff services
Total Reimbursables 3,878,970
Grand Total Not to Exceed Amount 8,836,000
AUSTIN COMMERCIAL,INC.
F'ORT WORTH CONVENTION
CENTER F
The Insurance Company of the State of Pennsylvania Bond No. 22-37-49
Federal Insurance Company Bond No. 8154-05-80
PERFORMANCE BOND
THE STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL MEN BY THESE PRESENTS: That we (1) Austin Commercial, Inc. , a (2) Corporation
of Delaware , hereinafter called Principal, and (3) The Insurance Company of the State of Pennsylvania ,
a corporation organized and existing under the laws of the State of Pennsylvania AND Federal Insurance
Company , a corporation organized and existing under the laws of the State of Indiana . and fully
authorized to transact business in the State of Texas, as Sureties, are held and firmly bound unto the City of
Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter
called Owner, in the penal sum of Forty Four Million and No/100 Dollars ($ 44,000,000.00) in lawful
money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum
well and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that
WHEREAS, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated
the ILOv day of June, 2000, for the Project and Construction Management of the:
Fort Worth Convention Center Expansion and Renovation
a copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent
as if copied at length herein, such project and construction being hereinafter referred to as the "Work".
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance
with the plans, specifications, and contract documents during the original term thereof, and any extensions
thereof which may be granted by the Owner, with or without notice to the Sureties, and if it shall satisfy all
claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from
all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the
Owner all outlay and expense that the Owner may incur in making good any default, then this obligation shall
be void; otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant
County, State of Texas.
AND PROVIDED FURTHER, that the said Sureties, for value received, hereby stipulate and agree
that no change, extension of time, alteration or addition to the terms of the contract or to the work to be
performed thereunder or the specifications accompanying the same shall in anywise affect their obligations on
this bond, and they do hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the contract or to the work or to the specifications,
IN WITNESS WHEREOF this instrument is executed in counterparts each one of which shall be
deemed an original, this the '<av of June, 2000.
sae I of 4
T"k
'4
The Insurance Company of the State of Pennsylvania Bond No. 22-37-49
Federal, Insurance Company Bond No. 8154-05-80
Austin Commercial, Inc.
ATTEST: Principal (4)
By: &J
Steve Warnick, Vice President
(Printed Name/Title)
(SEAL)
P.O. Box 2879
(Address)
Dallas Texas 75221-2879
(City, State, Zip)
The Insurance Company of
The State of Pennsylvania
8144 Walnut Hill Lane, Suite 1600 /70
Dallas, Texas 75231 1p
(Address) By:0426�
Attorney-in-Fact (5)
ATTEST
Daniel T. Howard
(Printed Attorney-in-Fact)
Witne- as to Surety
Federal Insurance Company_
1445 Ross Avenue, Suite 4200
Dallas, Texas 75202
(Address) B
y
ATT AA t t o r n e��--—�in--I�-�A c I
J.E. Schranz
(Printed Attorney-in-Fact)
)CA vi
Witness as to Surety
emote: Date of Bond must not be prior to date of Contract
(it
I Correct name of Contractor
(2) A Corporation, a Partnership or an Individuat, as the
case inay be
(13) Correct Mar e of Surety
(4) If Contracror is Partnership, all Partners should execute
bond
15) A.rue ctlol,of Power qfAttonney seall be attached to
bond ky Attorney-it-Fact
Page 2 of 4
The Insurance Company of the State of Pennsylvania Bond No. 22-37-49
Federal Insurance Company Bond No. 8154-05-80
PAYMENT BOND
THE STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL MEN BY THESE PRESENTS: That we (1) Austin Connnercial, Inc. , a (2) Corporation
of Delaware_, hereinafter called Principal, and (3) The Insurance Company of the State of Pennsylvania ,
a corporation organized and existing under the laws of the State of Pennsylvania AND Federal Insurance
Company , a corporation organized and existing under the laws of the State of Indiana , and fully
authorized to transact business in the State of Texas, as Sureties, are held and firmly bound unto the City of
Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter
called Owner, in the penal sum of Forty Four Million and No/100 Dollars ($ 44,000,000.00) in lawful
money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum
well and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that
WHEREAS, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated
the 13 day of June, 2000, for the Project and Construction Management of the:
Fort Worth Convention Center Expansion and Renovation
a copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent
as if copied at length herein, such project and construction being hereinafter referred to as the "Work".
NOW, THEREFORE, the condition of the obligation is such that, if the Principal shall promptly make
payment to all claimants as defined in Chapter 2253 of the Texas Government Code, supplying labor and
materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and
void, otherwise it shall remain in full force and effect.
THIS BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor
and material in the prosecution of the work provided for in said Contract, as claimants are defined in said
Chapter 2253, and all such claimants shall have a direct right of action under the bond as provided in Chapter
2253 of the Texas Government Code.
PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant
County, Texas, and that the said Sureties, for value received, hereby stipulate and agree that no change,
extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder
or the specifications accompanying the same shall in anywise affect its obligations on this bond, and they do
hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or
to the work or the specifications.
PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge
the right of any beneficiary hereunder whose claim shall be unsatisfied,
IN WITNESS WHEREOF, this instrument is executed in 2 counterparts each one of which shall be
deemed an original, this the "At day of June, 21000,
EA
V
Page 3 of 4
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FE, �Ulllll
The Insurance Company of the State of Pennsylvania Bond No. 22-37-49
Federal, Insurance Company Bond No. 8154-05-80
Austin Commercial, Inc.
ATTEST: Principal (4)
By: Sj" OO.RAOAJ
Steve Warnick, Vice President
(Printed Name/Title)
(SEAL)
P.O. Box 2879
(Address)
Dallas Texas 75221-2879
(City, State, Zip)
The Insurance Company of
The State of Permsylygma
8144 Walnut Hill Lane, Suite 1600
Dallas, Texas 75231
(Address) By:ac-�A`
Attorney-in-Fact (5)
ATTEST
Daniel T. Howard
(Printed Attorney-in-Fact)
Witness/as to Surety
Feder
.al Insurance Cornany
1445 Ross Avenue, Suite 4200
Dallas, Texas 75202 -------
(Address) By:
UT—___-,
Attorney-in-Fact
ATT
J.E. Schranz
(Printed Attorney-in-Fact)
(�A�Witness as to Surety Note: Date of Bond must not be prior to date of Contract
(1) Correct name of Contractor
d) A Corporation, a Partnership or an Individual as the
case mq be
(3) Correct Mime of Surety
(4) If Contractor is Partnership, all Partners should execute
bond
A true copy of Power of Attorney shall be attached w
bond by Atosrney-in-Fact
U, x Page 4 of 4
POWER OF ATTORNEY
FEDERAL INSURANCE COMPANY
ATTN: SURETY DEPARTMENT
15 Mountain View Road, Warren, NJD7O59
Telephone: (908) 903-2000
Fax No,.- (908) 903-3656
Know all Men by these Presents,That FEDERAL INSURANCE COMPAmv, an Indiana Corpomovn, has constituted and appninteg, and does hereby
constitute and appoint Dawn Knight, Paul W. Hill, Daniel I. Howard and J. E. Schraoz of Dallas, Texas---
each its true and lawful Amomey'in-pactm execute under such designation in its name and uo affix its corporate seal/vand deliver for and on its behalf wmsurety
thereon m,otherwise,bonds o,obligations on behalf of:
Austin Industries,Inc.
The Austin Industrial Division vf Austin Industries,Inc.
Austin Bridge&Road, Inc,
Austin Commercial.Inc.
Austin Corporate Sorwoea mu..(d8o/a Austin Industries,Inn.)
Austin Patmohem.Inc,
Austin Structures,Inc.
Austin Industrial
British American Insurance Company
Contractors&Manufacturers General Agency
Austin Construction Company
Austin Industrial,Inc.
Austin Industrial Services,Inc.
Austin Industrial Maintenance,Inc.
any and all joint ventures wherein one or o/the above named shall participate,and any company subsequently acquired o,hrnoy byAustin Industries,|mc..as
a subsidiary in which Austin Industries,Inc,owns at least 50%of the voting stock and in which operating control is vested in Austiti lodustries,Inc. Subject to:
1. Bonds issued in connection with bids or proposals to or with the United States of America,any state or political subdivinic.i thereof n,any person firm or
corporation.
2. Bonds issued in connection with contracts to or with the United States of America,any State or political subdivision menm/nr any firm or co,,poration
provided the penalty cx the contract bond o,liability incurred under such contract bond does not exceed the sum o/Twenty m/3imn Dollars($2onouVm0mN
and any instruments amending or altering the same,and consents to the modification or alteration of any instruments referred tC in said bonds or obligations.
o. 8vnuo and undertakings(other than Fiduciary avnoeomuBui|Bnvos)meomanyuuu.maoa,o,pmceeuinAinanyCnort.n,meuwuxanyShen#o,wagistrate.
for the doing not doing of anything specified m such Bond v,Undertaking,in which the penalty of the bond u,undertaking doeunmoxceed the sum v/One
Hundred Thousand Dollars(s1oo.uoo.uo).
4. License and permit bonds under the laws,ordinances n |au of any state,city,town,village,board o,other body v,organization,public o,private,in
which the penalty m the bond does not exceed the sum o,One Hundred Thousand Dollars<$1oo.00OW>.
And the execution of such bond or obligation by such Attorneys-in-Fact in this Company's name and on its behalf as surety thereon or otherwise,under its corporate
seal,in pursuance of the authority hereby conferred shall,upon delivery thereof,be valid and binding upon this company,
In Witness Whereof,the said FEDERAL INSURANCE COMPANY has,pursuant m its oru~m.caused these presents m»°signed by its Vice President and Assistant Secretary and its corporate seal mue
hereto affixed this 15th day of November, 1999
Corporate Seal
FEDERAL INSURANCE COMPANY
By
—''Kenneth—Wendel
^,wm�ms�°�� �' �—]-�'---� vice Preside t
STATE eNEW JERSEY I �
County m/Somerset K
°
On this 15tb day of November" 1999 emote=*penwrnf0y came xen"el,'.0 vo"dei to hie known and uv"ne known m^°Assimmm Secretary m FEDERAL INSURANCE
COMPANY,the co"mndw"mos=meum and°^= m°ecc*od the mmowngpm°ermAhvmem and*"aw Kenneth,o,Wendel bo°wby me duty e=nt.did udamwmn,-say ms/m^�xwstam Secretary mFEDERAL
INSURANCE COMPANY aria knows ortwrporate seal thereot that the seal aff�xedmftelfore9comg Power of Attorney mawn corterrate seal and was Inoreto affixed by iorthrintym'he Bv-Laws of said Co mpank and ths?
,e wonert reed Power mAtiorney issAterstant Secretary mSent Gonroany try kke auloornic and that he m acquainted w&,Frank s,potenhorri and knoes;holt to be the Vice Proateentmsao-Company and that the signature
msam Frank c Robertson sumsi"m*mswol Power mAttorney ism the genuine"mn*entmnof sam Frank s.Robertson and was thereto summobovby"no"*m said By-Laws and mmatr"ont'm^reson—'a
wmmnalseiv
Acknowledged and Swommbefore me
on thid oate above written
-- --_ / / pulAic
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BONP
JSIOF
ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE.
THE INSURANCE COMPANY OF THE STATE OF
PENNSYLVANIA
175 WATER STREET
NEW YORK, NEW YORK 10038
TEXAS NOTICE
IMPORTANT NOTICE AVISO IMPORTANTE
To obtain information or make a complaint: Para obtener information o para someter una queja:
You may call The Insurance Company of the Usted puede Ilamar al numero de telefono gratis de
State of Pennsylvania's toll-free telephone The Insurance Company of the State of
number for information or to make a Pennsylvania's para information o para someter una
complaint at: quej a al:
1-800-553-6938
1-800-553-6938
You may contact the Texas Department of
Insurance to obtain information on Puede comunicarse con el Departamento de Seguros
companies, coverages, rights or complaints de Texas para obtener information acerca de
at: companies, coberturas, derechos o quejas al:
1-800-252-3439
1-800-252-3439
You may write the Texas Department of
Insurance Puede escribir al Departarnento de Seguros de Texas
P.O. Box 149104
Austin, TX 78714-9104 P.O. Box 149104
Fax# (512) 475-1771 Austin, TX 78714-9104
Fax# (512) 475-1771
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si
premium or about a claim you should tiene una disputa concerniente a su prima o a un
contact the agent first. If the dispute is not reclarno, debe comunicarse con el agente primero. Si
resolved, you may contact the Texas no se resuelve la disputa, puede entonces
Department of Insurance, comunicarse con el departarnento (TDI).
ATTACHED THIS NOTICE TO YOUR
POLICY: This notice is for information UNA ESTE AVID A SU POLIZA: Este aviso es
only and does not become a part or solo para proposito de information v no se convierte
condition of the attached document, en parte o condition del documento a'djunto.
53594 (5/92)
Policyholder Information Notice
IMPORTANT NOTICE AVISO IMPORTANTE
To obtain information or make a complaint: Para obtener informaci6n o para someter una
queja:
You may call Chubb's toll-free telephone number Usted puede Ilamar al mimero de tel6fono gratis
I p
for information or to make a complaint at de Chubb"s para informaci6n o para someter una
queja al
1-800-36-CHUBB 1-800-36-CHUBB
You may contact the Texas Department of In- Puede comunicarse con el Departamento de
surance to obtain information on companies, Seguros de Texas para obtener informaci6n acer-
I
coverages, rights or complaints at ca de compantas, coberturas, derechos o quejas al
1-800-252-3439 1-800-252-3439
You may write the Texas Department of Insurance Puede escribir al Departamento de Seguros de
Texas
P 0. Box 149104 P 0. Box 149104
Austin, TX 78714-9104 Austin, TX 78714-9104
FAX # (512) 475-1771 FAX # (5312) 475-1771
PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS:
Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o
premium or about a claim you should contact the a un reclamo, debe comunicarse con el agente
agent first. If the dispute is not resolved, you may primero. Si no se resueve la disputa, puede en-
contact the Texas Department of Insurance. tonces comunicarse con el departamento (TDI),
ATTACH THIS NOTICE TO YOUR POLICY- UNA ESTE AVISO A SU POLIZA:
This notice 11S for information only and does not Este aviso es solo para prop6sito de informaci6n
become a part or condition of the attached y no se convierte en parte o condici6n del
document. 4ocumento adjunto.
Form 99-10-0299(Re,. 7-9)
City of Fort Worth, Texas
N"fifolf anti _404_VLUn Cl COMMUnC61tion
MW Cl I
1 DATE REFERENCE NUMBER [L�OG SAME �PAGE�
5/30/00 -C-1 8050 20AD�DITIONS 1 of 2
_S�U UBJ E C-�T �JTFIIRD AMENDMENT TO AGREEMENT WITH AUSTIN COMMERCIAL, INC. FOR
PROFESSIONAL SERVICES FOR PROJECT AND CONSTRUCTION MANAGEMENT ,
SERVICES FOR THE EXPANSION OF THE FORT WORTH CONVENTION CENTER
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in
the Public Events Improvements Fund in the amount of $44,018,747.99 for Phase I of the Fort
Worth Convention Center; and
2. Authorize the sale of $44,400,000 City of Fort Worth, Texas, Combination Tax and Revenue
Certificates of Obligation, Series 2000 for the improvements to and the equipping of the Fort Worth
Convention Center and to pay for the costs of issuance related to the sale on February 29, 2000
(M&C G-12837) to William R. Hough & Company, at a true interest rate of 5.8202%; and
3. Approve Amendment No. 3 to the agreement with Austin Commercial, Inc. (Austin) for the provision
of project and construction management services for construction of the additions to the Fort Worth
Convention Center for an additional fee not to exceed $4,976,610.
DISCUSSION:
Austin was selected by the City Council to provide planning services for the Convention Center (City
Secretary Contract No. 24692). Amendment No. 1 (City Secretary Contract No. 25295) provided for
detailed design and preparation of bid documents for the expansion. Amendment No. 2 (pending)
provides for additional design and planning services associated with the south entry, the Water
Gardens and concept plans for Phase 11.
Construction Management services are necessary to provide for coordination of several prime
contractors for phased construction. The services of the design architect, a subconsultant to Austin,
are necessary to review the contractor's choice of materials and methods of construction. The
renovation of the Convention Center will be executed under three basic construction contracts: (1) site
work and demolition- (2) exterior shell; and (3) interior finish-out. Bids for the first phase of the
expansion, demolition of the Kennedy Theater and general site work, were received on May 11, 2000,
and is being recommended for award under a separate Mayor and Council Communication (M&C),
Under the proposed agreement. Austin will be 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.
The City will competitively bid the construction contracts, and the City Council will be asked to make an
award based upon staff and Austin recommendations. The contracts will then be assigned to Austin for i
execution, During progress of the construction, reimbursements due the construction contractors undei,
contracts and executed by Austin, will be authorized under a subsequent M approving the
construction contracts,
City o,f Fort Worth, Texas
"agor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/30/00 C_1 8054 20ADDITIONS 2 of 2
SUBJECT THIRD AMENDMENT TO AGREEMENT WITH AUSTIN COMMERCIAL, INC. FOR
PROFESSIONAL SERVICES FOR PROJECT AND CONSTRUCTION MANAGEMENT
SERVICES FOR THE EXPANSION OF THE FORT WORTH CONVENTION CENTER
As both project and construction manager, Austin will receive 3.5% of the cost of the work as a project
management fee and be reimbursed for it's soft costs. The cost of the work includes the construction
contracts executed by Austin and Austin's soft costs. Based on the current budget, the project
management fee will be limited to $1,400,000. The soft costs will be limited to $7,436,000 for the entire
project. Following approval of this M&C, the total fees allocated for Phase 1 will be $8,836,000.
Based on the current budget, deducting funds previously allocated in the original agreement and
Amendments Nos. 1 and 2, the additional funds required to complete the management, design and
construction services for Phase 1 is not to exceed $4,976,610.
Austin Commercial, Inc. is in compliance with the City's M/WBE Ordinance by committing to an
additional 26% M1WBE participation on this amendment. The City's goal on this amendment is 26%.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available, as appropriated, in the current capital budget of
the Public Events Fund.
MG:k
!i
I
Submitted for City Manager's FUND ACCOUNTI CENTER AM )UN CITY SECRETARY
Office stn i
1)C192 5412f1C1 62 192Cl2 J701 $44,018,474.99
Make Groomer 6149 � 1)0192 i 485200 1 02019 020701 � 44,618,74T99 � �� �
j Qri anatin Department Ilcaci: )0192 531 X 0 020192020701 4,976,61 C#.f�t}
E
Hugo Malanga 7401 ( (from) MAY .11 2V
AItturzal Infer ati.rt canteta i
Hugo Malanga 7801
Adooted Ordinance No,