HomeMy WebLinkAboutContract 29040 o� --='t CITY SECRETARY
CONTRACT NO. QM0q0
NINTH AMENDMENT TO
CITY SECRETARY CONTRACT NUMBER 24692
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS AMENDMENT to—City of Fort Worth City Secretary Contract Number 24692 is
executed on the �? day of , 2003 by and between the City of Fort Worth, a
municipal corporation of Tarrant and Denton Counties, Texas (hereinafter called "Owner"),
acting by and through Mike Groomer, its duly authorized assistant city manager, and Austin
Commercial, Inc. (hereinafter called "Construction Manager", "Project Manager" or "Manager")
acting by and through its Vice President Steve Warnick.
WITNESSETH:
WHEREAS, the Owner intends to construct the Fort Worth Convention Center Phase 1
and 2 Expansion, (the "Project"), in the City of Fort Worth, Texas, to be built according to the
Plans and Specifications prepared and/or assembled by Project 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, M&C C-17228,
1/19/99) as amended by:
1. Amendment 1 (City Secretary Contract Number 25295, M&C C-17670, 9/28/99),
2. Amendment 2 (City Secretary Contract No. 25954, M&C C-18049, 5/30/2000)
{also referred to as "Project Management Agreement"},
3. Amendment 3 (City Secretary Contract No. 26062, M&C C-18050, 5/30/2000)
{also referred to as the Construction Management Agreement},
4. Amendment 4 (City Secretary Contract No. 26589, no M&C),
5. Amendment 5 (City Secretary Contract No. 26841, M&C C-18601, 5/22/01),
6. Amendment No 6 (City Secretary Contract No. 27496, M&C C-18847, 11/27/01)
with Manager for Project Management Services and Design Services for the
Project; and
7. Amendment No. 7 (City Secretary Contract No. 27497, M&C C- 18900 12/18/01
for construction management and construction associated with the improvements
to the Water Gardens Events Plaza, and
S. Amendment No. 8 (City Secretary Contract No. 28080, M&C C-19238, 9/10/02)
for the adjustment of the Budget.
WHEREAS, pursuant to such Project Manager Agreement, Manager has heretofore been
providing professional services to Owner in development of plans, specifications, schedules and
budgets for the Project; and
AUSTIN COMMERCIAL,INC.
FORT WORTH CONVENTION CENTER ,�� •. ,U
NINTH AMENDMENT
Page 1 of 3
WHEREAS, pursuant to such Construction Management Agreement, Manager has been
providing professional services to the Owner in executing contracts with the general contractors
as authorized by City Council; and
WHEREAS, on (date), the City Council approved reduction in the Construction
Contingency by$500,000 to be used for art enhancements.
NOW, THEREFORE, Owner and Manager, in consideration of the foregoing, and the
terms and conditions herein contained, do hereby amend City of Fort Worth City Secretary
Contract Number 24692, as amended by City Secretary Contract Nos. 25295, 25954, 26062, and
26589, 26841, 27496, 27497, and 28080 as follows:
Section 1.
Section 1 in the Eighth Amendment is amended to read as follows:
"WHEREAS, Construction Manager acknowledges that Owner has established a Project
Budget for Phases I and II of$78,796,000 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 $500,000 unless mutually revised."
Section 2.
Section 2 in the Eighth Amendment is amended to be and read as follows:
"The Project Budget as stated in City Secretary Contract No. 25295 is amended to be
$78,796,000, as contained in Attachment 1 hereto."
Section 3.
Attachment 1, Phase I and R Project Budget, to Amendment 8, is replaced by Attachment 1,
Phase I and II Project Budget, hereto.
Section 4.
Attachment 2, Fee Structure, to Amendment 8, 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, 26841, 27496, 27497,
and 28080 not amended herein continue in full force and affect.
AUSTIN COMMERCIAL,INC.
FORT WORTH CONVENTION CENTER
NINTH AMENDMENT
Page 2 of 3
IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first
written above.
CITY OF FORT WORTH
BY S42W Wad"J
Steve Warnick, Vice President,
Austin Commercial, Inc. -ieyi"
APPROVED AS TO FORM
BY
Assistant City Attorney
Recommend Approval
BY
Director, partment of 19u 61 -L%/e n f
App7464
BY
ATTESTED BY
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Contract Authorization
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AUS FIN COMMERCIAL,INC.
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FORT WORTH CONVENTION CENTER ?� ? �.j�1J �,•
NINTH AMENDMENT
Page 3 of
8/1/2003, 7:05 AM Attachment 1 to Amendment 9
PHASE I AND II
PROJECT BUDGET
Amendment 9 Total Phase I Amendment 9 Total Phase II
CITY MANAGED DESIGN&CONSTRUCTION
Soft Cost Owner 300,000 250,000
Environmental 125,000 250,000
CM MANAGED DESIGN&CONSTRUCTION
Soft Cost Construction Manager 9,540,500 4,872,500
Hard Cost Construction
Construction Contracts 39,211,000 20,880,500
Construction Contingency 1,766,500 1,250,000
Art Enhancements (300,000) (300,000) (200,000) (200,000)
Exposures 0
Project Contingency 250,000 600,000
Phase Budget (300,000) 50,893,000 (200,000) 27,903,000
Total Budget Phases I and II 78,796,000
Austin Commercial, Inc Amendment 9
Fort Worth Convention Center City Secretary Contract 24692
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City of Fort Worth, Texas
"Agar And Communication
C il ounc
DATE REFERENCE NUMBER FLOG NAME PAGE
7/29/03 C-19682 25PUBLICART 1 of 1
SUBJECT ALLOCATION OF FUNDING FROM CITY SECRETARY CONTRACT NO. 24692 WITH
AUSTIN COMMERCIAL, INC. FOR PUBLIC ART FOR THE FORT WORTH
CONVENTION CENTER
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute Amendment No. 9 to City Secretary Contract No. 24692 with
Austin Commercial, Inc. to reduce the contract amount of$79,296,000 by $500,000 to $78,796,000
in the project budget and allocate for public art in the Fort Worth Convention Center, as originally
budgeted; and
2. Authorize $500,000 in the Public Events Fund to be used for the acquisition, delivery and
installation of the public art project at the Convention Center; and
3. Authorize the payment of $29,900 to the Arts Council of Fort Worth and Tarrant County for expenses
incurred to date involving in the artist selection of the public art project at the Convention Center.
DISCUSSION:
With the Fort Worth Convention Center expansion concluding, the Public Events Department is anticipating
the closure of the contract with Austin Commercial, Inc. As part of the project budget, $500,000 was allocated
for the acquisition of public art. The execution of Amendment No. 9 will allow for a reduction in the contract
amount and give the City a greater ability to control and monitor the costs associated with the art project. The
Arts Commission (Arts Council of Fort Worth and Tarrant County) has coordinated the artist selection process
on behalf of the City for the Fort Worth Convention Center public art project.
Approximately, seventy pre-qualified artists were invited to submit their qualifications. Eight artists were
selected by the artist selection panel to submit proposals. The finalists presented their proposals to the
selection panel on July 7, 2003.
Upon consideration of the proposals and public comment, the recommendation of the artist selection
panel will be presented to City Council for final approval from the Arts Commission.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Public Events Fund.
JP:r
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Joe Paniagua 6140
Originating Department Head:
Kirk Slaughter 2501 (from)
C192 531200 020192067002 $500,000.00
Additional Information Contact:
Kirk Slaughter 2501