HomeMy WebLinkAboutContract 59217-A2AMENDMENT NO.2 TO AGREEMENT
Fort Worth Convention Center — Phase 1
STATE OF TEXAS
CITY SECRETARY CONTRACT NO. 59217-A2
COUNTY OF TARRANT
WHEREAS, The City of Fort Worth and Hunt -Byrne -Smith, a Joint Venture of the City of
Dallas, County of Dallas, State of Texas (Contractor) made and entered into City
Secretary Contract No. 59217 (The Contract) which was authorized by the City Council
by M&C 24-0494, the 11th day of June 2024, for City of Fort Worth's Convention Center
Phase 1; and
WHEREAS, further amendment is necessary to support contractors' ability to deliver
against the additional scope of work for the Fort Worth Convention Center Phase 1 and
related costs refer to Attachment A; and
NOW THEREFORE, City and Contractor, acting herein by and through their duly
authorized representatives, enter into the following agreement which amends the
Contract:
Paragraph 7 of the contract is amended as follows:
"The agreed upon estimated construction budget amounts shall be a total of not -to -
exceed $82,212,681.00. These amounts include the City's "Owner's Contingency"
(7.5%) for use by the OWNER only and any Savings, Contingency, Buy Out Savings
and Allowances remaining at the end of construction will be retained by the OWNER.
Notwithstanding anything herein to the contrary, the estimated budget amounts are not
guaranteed by the Contractor. Only the Guaranteed Maximum Price, once established
via mutual agreement of the parties, will be guaranteed by the Contractor.
This addition will cover the areas of scope listed in Attachment A:
1. M&C 24-0494
2. Phase 1 Final GMP Estimate
City of Fort Worth, Texas
Standard Agreement for Professional Services AMENDMENT
Revision Date: 3/20/2020
Page 1 of 2
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth
'7�� �3e p 9 Cc �
By: Dana Burghdoff (Sep 9, 2024 5 CDT)
Name: Dana Burghdoff, AICP
Title: Assistant City Manager
Date: Sep 19, 2024
Approval Recommended:
By:
Name: Marilyn Marvin
Title: Interim Director Property Management
Attest:
By: U
Name: Jannette Goodall
Title: City Secretary
Contractor:
Hunt -Byrne -Smith, A Joint Venture
cuSigned by:
F�6"
By:
Name: Robert F. Hart
Title: President, Hunt Construction Group, Inc.
Date: 09-11-2024 1 9:09 AM PDT
City of Fort Worth, Texas
Standard Agreement for Professional Services AMENDMENT
Revision Date: 3/20/2020
Page 2 of 2
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
By: ll n-ow�.. 4• (q V
Name: Brian Glass
Title: City Architect
Approved as to Form and Legality:
fj�
Douglas Black (Sep 13, 202417:14 CDT)
By:
Name: Douglas Black
Title: Sr. Assistant City Attorney
Contract Authorization:
M&C: 24-0494
Page 1 of 3
CITA COUNCIL AGEND
Create New From This M&C
DATE: 6/11/2024 REFERENCE
NO..
CODE: C TYPE:
M&C 24-0494 LOG NAME:
NON- PUBLIC
CONSENT HEARING:
Official site of the City of Fort Worth, Texas
Foy WORTH
21 FORT WORTH
CONVENTION CENTER
CMAR AMENDMENT 2
NO
SUBJECT: (CD 9) Authorize Execution of Amendment No. 2 of the Construction Manager at Risk
Contract with Hunt/Byrne/Smith, a Joint Venture, in an Amount Not to Exceed
$9,212,681.00, Including an Owner's Construction Contingency Allowance, for a Total
Contract Value of $82,212,681.00, for Phase 1 of the Fort Worth Convention Center
Renovation and Expansion Project
RECOMMENDATION:
It is recommended that the City Council authorize execution of Amendment No. 2 of the construction
manager at risk contract with Hunt/Byrne/Smith, a joint venture, in an amount not to exceed
$9,212,681.00, for a total contract value of $82,212,681.00, including an owner's construction
contingency allowance, for phase 1 of the Fort Worth Convention Center Renovation and Expansion
project (City Project No. 102582).
DISCUSSION:
On November 29, 2022, City Council authorized the execution of a Construction Manager at Risk
(CMAR) contract with Hunt/Byrne/Smith, a Joint Venture, in an amount not to exceed $30,000,000.00
for the Fort Worth Convention Center Renovation and Expansion project while the design was being
finalized. The original Mayor & City Council Communication (M&C) 22-0971 stated that the project
would advance through incremental Notices to Proceed for various tasks. This allowed the contractor
to order materials with long lead times, and initiate other tasks. The M&C also stated that other
amendments to this contract would be required and would be recommended to the City Council for
approval. On September 12, 2023, City Council authorized (M&C 23-0768) the execution of a
Construction Manager at Risk (CMAR) Amendment No. 1 with Hunt/Byrne/Smith, a Joint Venture, in
an amount not to exceed $43,000,000.00, for the anticipated Phase 1 construction. As designed and
construction progressed final work items were defined. Staff recommends execution of Amendment
No. 2, in the amount of $9,212,681.00, for the final portions of work associated with Phase 1.
The overall project costs are expected to be as described in table below:
PROJECT COST TOTAL
Professional Services (Project $9,606,588.00
Management & Design Contracts
CMAR Construction Contract (Including $30,000,000.00
Owner's Construction Contingency
Allowance)
CMAR Amendment #1 $43,000,000.00
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Docusign Envelope ID: 5EDF56D1-BB9F-435C-ADOE-EE8924BO91DC
CMAR Construction Contract Amendment $9,212,681.00
#2
Administrative Costs (Staff Time, $1,685,423.00
Additional ITS, AV, Security, Building
Infrastructure, Major Maintenance, FF&E,
and Moving Costs)
Waiver of Building
Permit Fees - In
Project Contingency $1,495,308.00 accordance with the
City Code of
TOTAL $95,000,000.00 Ordinances, Part II,Chapter 7-1 Fort
Worth Building
Administrative Code, Section 109.2.1, Exception 2; "Work by non -City personnel on property under the
control of the City of Fort Worth shall be exempt from the permit fees only if the work is for action
under a contract that will be or has been approved by City Council with notes in the contract packages
stating the fee is waived."
DIVERSITY AND INCLUSION BUSINESS EQUITY OFFICE: Hunt -Byrne -Smith, a Joint Venture
agrees to maintain its initial M/WBE commitment of 30\% that it made on the original contract and
extend and maintain that same M/WBE commitment of 30\% to all prior change orders up to and
inclusive of this Change Order No. 2. Therefore Hunt -Byrne -Smith, a Joint Venture remains in
compliance with the City's M/WBE Ordinance and attests to its commitment by its signature on the
Acceptance of Previous M/WBE Commitment form executed by an authorized representative of its
company.
The Fort Worth Convention Center is located in COUNCIL DISTRICT 9 and will benefit all council
districts.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the Certificate of Obligation 2023 Fund for the ARPA FWCC Expansion & Prj Mgmt
project to support the approval of the above recommendation and execution of the amendment to the
contract. Prior to any expenditure being incurred, the Public Events Department has the responsibility
to validate the availability of funds.
TO
Fund Department Account Project
ID ID
FROM
Fund Department Account Project
ID ID
Submitted for Citv Manaaer's Office bv:
Oriainatina Department Head:
Additional Information Contact:
Program Activity Budget Reference # Amount
Year (Chartfield 2)
Program Activity Budget Reference # Amount
Year (Chartfield 2)
Dana Burghdoff (8018)
Marilyn Marvin (7708)
Brian Glass (8088)
Nikita Watts (2028)
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Docusign Envelope ID: 5EDF56D1-BB9F-435C-ADOE-EE8924BO91DC
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ATTACHMENTS
21 FORT WORTH CONVENTION CENTER CMAR AMENDMENT 2 FID TABLE.xlsx (CFW
Internal)
21 FORT WORTH CONVENTION CENTER CMAR AMENDMENT 2 funds availabilitv.Ddf (CFW
Internal)
24-Acceptance of Previous MWBE Committment Form Final-CC.Ddf (CFW Internal)
Form 1295 Certificate 101198211 - Executed.Ddf (CFW Internal)
SAM E J Smith Construction & Engineering Inc.Ddf (CFW Internal)
SAM Hunt Construction Group Inc.Ddf (CFW Internal)
SAM Thos S Bvrne Ltd.Ddf (CFW Internal)
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Docusign Envelope ID: 5EDF56D1-BB9F-435C-ADOE-EE8924B091DC
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File #:
M&C 24-0494 Version: 1 Name:
Type:
Award of Contract - Report of CM Status:
Passed
File created:
6/5/2024 In control:
City of Fort Worth - Action Details
On agenda:
6/11/2024 Final action:
Details
(CD 9) Authorize Execution of Amendment No. 2 of the Constru
File #:
MC 240494 Version: 1
Title:
Exceed $9,212,681.00, Including an Owner's Construction Cont
Convention Center Renovation and Expansion Project
Type:
Award of Contract - Report of CM
Attachments:
1. M&C 24-0494
Title:
(CD 9) Authorize Execution of Amendment No. 2 of the Construction P
Hunt/Byrne/Smith, a Joint Venture, in an Amount Not to Exceed $9,21
History (1) Text
Construction Contingency Allowance, for a Total Contract Value of $82
1 record Group
Export
Fort Worth Convention Center Renovation and Expansion Project
Mover:
Elizabeth M Beck Seconder: Chris Ne
Date
Ver. Action By Action
Result:
6/11/2024
1 CITY COUNCIL Apprm
Agenda note:
Minutes note:
Action:
Approved
Action text:
Council Member Beck made a motion, seconded by Council Member N
approved. Motion passed 10-0, Council Member Crain absent.
Votes (0:0)
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