HomeMy WebLinkAboutContract 27496 "IT
Y SECRETARY
'-',NTRACT NO
SIXTH AMENDMENT TO CITY OF FORT WORTH CITY
SECRET ARY CONTRACT NUMBER 24692
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AMENDMENT to City of Fort Worth City Secretary Contract Number 24692 is
executed on the day of , 2002 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 (Amendment 1), City Secretary Contract No. 25954
(Amendment 2) {also referred to as "PM Agreement"} City Secretary Contract No. 26062
(Amendment 3) {also referred to as the Construction Management Agreement}, City Secretary
Contract No. 26589 (Amendment 4), and City Secretary Contract No. 26841 (Amendment 5)
with Manager for Project Management Services and Design Services for the Project; and
WHEREAS, pursuant to such PM Agreement, Construction Manager has heretofore been
providing professional services to Owner in development of plans, specifications, schedules and
budgets for the Project; and
WHEREAS, pursuant to such Construction Management Agreement, Construction
Manager has been providing professional services to the Owner in executing contracts with the
general contractors as authorized by City Council; and
WHEREAS, on November 14, 2000, the City Council approved the redistribution of the
Project Budget by MSC G-130' 3, and
WHEREAS, on May 22, 2001, the City Council approved the design of Phase 2
Expansion by M&C C-18601, and
WHEREAS, on November 27, 2001, the City Council approved additional fees and the
redistribution of the Project Budget by MSC G-1884T
AUSTIN COMNIFIRCIA.L,INC
FORI WORTH CONVENTION CENTER
SIX111 AMENDMENT
race I of 3
N L
NOW, THEREFORE, Owner and Manager, in consideration of the foregoing, and the
I
terms and conditions herein contained, do hereby amend City of Fort Worth City Secretary
Contract Number 24692, as amended by City Secretary Contract Nos. 25295, 25954, 26062, and
26589, and 26841 as follows:
Section 1.
The fifth Whereas in the Third Amendment (City Secretary Contract No. 26062) is amended to
read as follows:
"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 July 1, 2003; and"
The sixth Whereas in the Third Amendment (City Secretary Contract No. 26062) is amended to
read as follows:
"WHEREAS, Construction Manager acknowledges that Owner has established a Project
Budget for Phases I and R of$74,946,000, which said Budget Amount represents the not-
to-exceed total of all 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 $425,000 unless mutually revised."
Section 2.
Paragraph 4.7 of City Secretary Contract No. 26589 is amended to be and read as follows:
"The Project Budget as stated in City Secretary Contract No. 25295 is amended to be
$74,946,000, as contained in Attachment I hereto".
Section 2.
Section I of City Secretary Contract No. 26841 is amended to be and to read as follows:
"Manager shall proceed with Fort Worth Convention Center Phase 11 Expansion. It is
agreed that the architect's and manager's fees and expenses for Fort Worth Convention
Center Phases I and 11 Expansions shall not exceed $14,050,000."
Section 3.
Attachment 1, Phase I Project Budget, to City Contract Number 26841 is replaced by Attachment
I hereto.
AUSTIN COMMIERCLAL,INC-
FORT WORTH CONVENTION CENTER
SIXTH AMENDMENT
Page 2 of 3
Section 4.
Attachment 2, Fee Structure Budget, to City Contract Number 26841 is replaced by Attachment
2 hereto.
Section 5.
All other terms, conditions, and covenants contained in City Secretary Contract Numbers 24692,
as amended by City Secretary Contract Nos. 25295, 25954, 26062, 26589, and 26841 not
amended herein continue in full force and affect.
IN WITNESS WHEREOF, the parties have executed this agreement as of the day and
year first written above.
APPROVED AS TO FORM: CITY OF FOR H:
BY BY
Assistant City Attorney Assistant City Manager
AUSTIN COMMERCIAL, INC.
ATTEST:
BY By
Corporate 'ecrelary Vice President
A7W BY
N
Contract Authorization
Date
Aus,rlN CO-mMERCIAL,M,
FORT WORTH CONVENTION CENTER
E
SIXTH AMENNDMENT
Pa-e 3 of 3
7- 'Mq
2/1/2002, 10:35 AM Attachment 1 to Amendment 6
PHASE |ANDU
PROJECT BUDGET
Phase Phase U Budget Phase UBudget
Amendment 5 Amendment
CITY MANAGED DESIGN&CONSTRUCTION
Soft Cost Owner 300.000 250.000 250.000
Environmental 125.000 175.000 250.000
CM MANAGED DESIGN&CONSTRUCTION
Soft Cost Construction Manager 9.177.500 4.850.000 4.872.580
Hard Cost Construction
Construction Contracts 35.365.000 20.890.000 20.973.500
Construction Contingency 1.532.500 750.000 1.250.000
Exposures O O V
Project Contingency 250,000 1,175,000 600,0800
Phase Budget 40.750.000 28.186.000 20.196.000
Total Phase Budget 27.940.000
Total Budget Phases|and|/ 74.940.000
Austin Commercial, Inc
Fort Worth Convention Center Amendment 6 to City Secretary Contract 24692
ATTACHMENT TWO
TO AMENDMENT 6
RENOVATION AND EXPANSION FORT WORTH CONVENTION CENTER
FEE STRUCTURE
Task Amendment 6 Total'Contract Phase I through Phase 11 through
through amendment 6 Amendment 6 Amendment 6
Project management
Phase 1
Phase 2 1,566,500 1,566,500
875,000 918,500 918,500
Project Management Fee(3.5%of Project 875,000 2,485,000 1,566,500 918,500
costs,including contingency,less city
managed construction and PM fee)
Soft costs
Preliminary Project Planning
Phase 1A-Project Planning and Conceptual
225,000 225,000
Design
Phase 113-Design/Preliminary Construction
Management Services
Design Management/Coordination 364,375 364,375
Bidding Phase 70,000 70,000
Phase It 175,000 281,500 281,500
Project planning,Preliminary 175,000 940,875 659,375 281,500
Management Tea-consulting Team
Architectural Services 75,000 75,000
Conventional Wisdom 66,000 66,000
Environmental monitoring 50,000 50,000 50,000
Terra-Mar 58,140 58,140
Philip Johnson 12,000 12,000
HOK 75,000 75,000 75,000
T.S. Byrne 125,000 125,000 125,000
Architectural Design Fee 250,000 1,140 461,140
Phase 1 2,284,528 2,284,528
Phase!A 300,000 300,000
Phase 2(Preliminary Schematic Design Fee) 101,987 101,987
Phase 2 Design 910,513 910,513
SE and SW Corner
100,000 15 5:000
West Hall 150,000 150,000 150,000
11th Street Expansion 100,000 100,000 100,000
Specialty Consultants 49,000 49,000 49,000
Phase I Reimbursables 299,000 3,996,028 2,584,528 1,411,500
Professional services
CM Services(Conqtatnnf ', 150,000 150,000 150-000
Additional services(AJE) 15,000 15,000 15,000
Gideon Joal 165,000 165,000
Garcia and Associates 10,000 60,000
PR Texas 51,000 25,000
Geotech 10,000 40,000
Environmental Study 20,000 70,000 70,000
Reimbursables by subconsultants 33,500 1 33,500 33,500
Environmenta!Study -
Austin Commercial, Inc Amendment 6 to City Secretary Contract 24692
Fort Worth Convention Center
ATTACHMENT TWO
TO AMENDMENT 6
RENOVATION AND EXPANSION FORT WORTH CONVENTION CENTER
FEESTRUCTU"
Task Amendment 6 Total Contract Phase I through Phase 11 through
through amendment 6 Amendment 6 Amendment 6
Material Testing 150,000 150,000 150,000
Survey/Civil 10,000 10,000 10,000
Traffic - -
SW Bell 20,000 20,000 20,000
TXU 10,000 10,000 10,000
Geotechnical - -
Traffic
Direct Expenses. - -
Miscellaneous 250,500 250,500
PR Advertisement - -
Travel 10,000 10,000 10,000
Printing 150,000 150,000 150,000
Misc. Reimbursables 3,388,470 3,388,470
CM staff services 1,350,000 1,350,000 1,350,000
Phase 2 Reimbursables 269,487 269,487
Total Reimbursables 1,943,500 6,166,957 5,897,470 269,487
Grand Total Not to Exceed Amount(bold is 3,542,500 14,050,000 11,169,013 2,880,987
contract$)
Running totals(Bold is contract$) 14,050,000 14,050,000
Added off contract
Austin Commercial, Inc Amendment 6 to City Secretary Contract 24692
Fort Worth Convention Center
City of`.Fort Worth, Texas
"affair d 0� n1 ca tion
DATE REFERENCE NUMBER LOG NAME PAGE
84
11/27/01 1 **C-187 20FWCC I 1 of 2
SUBJECT AMENDMENT NO. 6 TO CITY SECRETARY CONTRACT NO. 24692 WITH AUSTIN
COMMERCIAL, INC. FOR THE PROVISION OF ADDITIONAL DESIGN AND
CONSTRUCTION MANAGEMENT SERVICES FOR THE CONSTRUCTION OF THE
FORT WORTH CONVENTION CENTER
RECOMMENDATION:
It is recommended that the City Council approve Amendment No. 6 to City Secretary Contract No. 24692
with Austin Commercial, Inc. for the provision of additional design and construction management services
for the construction of the Fort Worth Convention Center for an additional fee not to exceed $3,542,500.
DISCUSSION:
On January 19, 1999 (City Secretary Contract No. 24692), the City Council approved an award of
contract to Austin Commercial, Inc. to provide management services for the expansion of the Fort
Worth Convention Center. Under the agreement, Austin Commercial, Inc. is responsible for any costs
that exceed the project budget, subject to changes in plans and specifications approved by the City.
In the event the total cost of the project is less than the established project budget, the savings will revert
to the City. As the project and construction manager, Austin Commercial, Inc. will receive 3.5% of the
cost of the work as a project management fee and will be reimbursed for its soft costs and architectural
fees.
The current project budget for Phase I and Phase II expansions is $74,946,400, as presented to the City
Council in a special workshop on February 27, 2001. The total fees including design, management, and
expenses during Phase I and Phase II expansions will be $14,050,000, which includes the additional
$3,542,000 fee.
Amendment No. 6, in the amount of $3,542,500, is proposed to reimburse Austin Commercial, Inc. for
the following:
• Management fees for the Phase li Expansion $ 875,000
• Design fees for the West Hall and the 11 th Street Expansion $ 299,000
Reimbursable expenses associated with the Phase I Expansion $1,943,500
i
Q Preliminary design for the Phase li Expansion $ 175,000
f
• Management Team, consulting fees 5 250,000
Total $3,542,500
Agustin Commercial, Inc. is in compliance with the City's MV I DE Ordinance by committing to an
additional 8% tvlu`0 13E participation on Amendment No. 6,
I °
City ®f Fort Worth, Tex
as
"611joir and Con�uy � 1c
DATE REFERENCE NUMBER LC7G NAME T PAG E
11127141 **e-18847 24FWCC 2 of 2
SUBJECT AMENDMENT NO. 6 TO CITY SECRETARY CONTRACT NO. 24692 WITH AUSTIN
COMMERCIAL, INC. FOR THE PROVISION OF ADDITIONAL DESIGN AND
CONSTRUCTION MANAGEMENT SERVICES FOR THE CONSTRUCTION OF THE
FORT WORTH CONVENTION CENTER
FISCAL INFORMATIONICERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget- as appropriated, of
the Public Events Fund.
MG:k
Submitted for Ci Ianager's
FU' } ACCOUNT
Office Irk•, (to, CITY SECRETARY �
1
Mike Groomer 614
Originating Department Bead:
Huge Malanga 7801 (from)
APPROVED 11/17/0!
01092 54125 020192067 1 $3,542,505.05
r'�rliirrraa3 Information r�tac °
l i 3
Hugo-Malan a 7801