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Home My WebLink AboutContract 59217-A3AMENDMENT NO.3 TO AGREEMENT Fort Worth Convention Center — Phase 2 STATE OF TEXAS CITY SECRETARY CONTRACT NO. COUNTY OF TARRANT 59217-A3 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 22-0971, the 29th day of November 2022, for City of Fort Worth's Convention Center Phase 2; 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 will increase by $4,539,454.00 for a total contract amount of $86,752,135.00. This amount includes 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, at minimum, the areas of scope listed in Attachment A: 1. HBS Proposal 2. M&C 24-0976 OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY Standard Agreement for Professional Services AMENDMENT Revision Date: 3/20/2020 FT. WORTH, TX Page 1 of 2 Docusign Envelope ID: 4F04624E-5DA4-409D-A6FF-FA7954CC2991 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth Dare' uurandaff By: Dana Burghdoff (Jan �d, 2025 16:58 CST) Name: Dana Burghdoff, AICP Title: Assistant City Manager Date: Approval Recommended: By: Name: Marilyn Marvin Title: Director Property Management Attest:40 Qo vUgU p o� FORT�aa �o ((J ago mid Qan� By: By: nEXA?op.y Name: Jannette Goodall Title: City Secretary Contractor: Hunt -Byrne -Smith, A Joint Venture D o Signed by. dBy'F�00.24F��C4"" Name: Robert F. Hart Title: President, Hunt Construction Group, Inc. Date: 11-26-2024 1 6:32 AM PST 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: �- Name: Brian Glass Title: City Architect Approved as to Form and Legality: By: Douglas Black (Jan 14, 2025 13:52 CST) Name: Douglas Black Title: Sr. Assistant City Attorney Contract Authorization: M&C: 24-0494 OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY Standard Agreement for Professional Services AMENDMENT FT. WORTH, TX Revision Date: 3/20/2020 Page 2 of 2 ] 335S Noel Ks3d ,� HUNT I TBVM Fou�Lh f1wr I Wlla�, rx 14'. 11..., : 1 1 N '.FI. EAR SMITH «l114gas i Septeni bar 16r 2024 Mr. David Crabtree Broaddus& Associates RE: City of Fort Worth — Fort Worth Conventlon Center Phase 2 Precanstruction Services & Early Release -Constructroil-v2 Hunt-Syme-Smith Project No. 153O0215D David Pursuant to your request, Hunt -Byrne -Smith, a Joint Venture i'HBS'M Is pleased to present our Contract arinerdnnent request far the Fart Worth Convention Center Phase 2 £xpawAan and Rermwat0n. This Amendment to the current CMAR Construction Contract between the Cdty of Fort Worth and Hunt - Byrne -Smith, a Joint Venture dated March 23r 2023, will include preconstruction services for the Programming and Schematic Design phase of the Phase 2 projKl and Phase* 2 Early Release Construction artivi Les to fariiitate the construction schadule, The Scope of Work associated with the Phase 2 Expansion { R€novatlon Ilxludes: - Uemolltio n of the existing arena - 5O-00"SrD0osr expansion of new exhibit hall f flex hall; +41,O Csf of riew meeting rooms; a new 40,O00if ballroomr associated circulation and back df house spaces and extension of the phase 1 loading docks- - RenoaatlonoftheexfstingFortWorthConvantlOnCenter,IndudingaxNbithalls,rneeting rooms, pre function { concourse spacesr vertical circulation, pubtlt restraarns and admInlstrative offices. - Site and utility improverrlents Final design pararneterswill be established during theprograrning and schematic design phase- HBS services covered by tlas Amendment spans approxlmatety 25 weeks, running concurrant with the Af E 17-week programing and schematic design pftiase plus 9 weeks for Fnal sshernatic design budgeting and sthadule evaluation. Tentative precahstructlon schedule Is from February Ir 2025, to July 1, 2025. Preconstructionservlcesindude constructability reviews, value angineerirkgrecommendaLions and astimatfng services during the stlpulated phase of dasigrl.. In add it Ion to pre€onstructicn servlfes, HBS will provide prfcfng and cxecutlon of Phase 2 early release construction activities, as agre� to within the amendment budget, a nd deern-ed necessary to mitigate a nyr potentlal Impact to the overal I praject schedule. The expendlture of funds under this Amendment shall be by approved Notice to Proceed u —NTP"j- City of Fort Worth, Texas Standard Agreement for Professional Services AMENDMENT Revision Date: 3/20/2020 Page 3 of 2 A.-r" M H U #SI T KVW - EA � •ltv,rn 1'-agjEr4,ti.E5 EJ+ SMITH i435s Nadi Road €owih Fkmr rRlLMS, Tx +12i4 M ima The total amount of this Amendment is S4.53}rA54, covering Phase 2 programming and schematic design preronstruciion sorvires and ear ly re lease construction actiwJties_ The Amendment will increase the total Contract annount from the current Wr212,681 to 585,752,115_ The portion of the Amendment related to lomconstruction services is not construction related and Is not subject to the MWIM go@Es outlined in the CMAR contract. However, i485 wlII utilize our Joint Venture MWBE parmtnerreiationihips during preconstructionto help maintain the current MWBE partidpation goal, The MyWIRE garticipation percentage as stated In the Contract will remain unchanged for the remaining portion of the Amendment amount for any early construction actiwitiff. performed under this a mendrnent_ Please contact me with anV questions, Sin€2re Iyr for blunt -Byrne -Smith, a Joint Venture gr6an 1L Duncan Project Ewutlwe Amendment History Hunt -Byrne -Smith, a Joint Venture City Secretary No. 59217 Dept ID Account Project ID Amount 0240450 5740010 102582 $30,000,000.00 0240450 5740010 102582 $43,000,000.00 0240450 5740010 102582 $9,212,681.00 0240450 5740010 102582 $4,539,454.00 Total: $86,752,135.00 City of Fort Worth, Texas Standard Agreement for Professional Services AMENDMENT Revision Date: 3/20/2020 Page 4 of 2 M&C Review Page 1 of 3 A CITY 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 FORT WORTH '*41v 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 http://apps.cfwnet.org/council_packet/mc review.asp?ID=32201&councildate=6/11/2024 1/22/2025 M&C Review Page 2 of 3 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 I Account Project ID ID Submitted for Citv Manager's Office bv: Originating Department Head: Additional Information Contact: Program Activity Budget Reference # Year (Chartfield 2) Program Activity Budget Reference # Year I (Chartfield 2) Dana Burghdoff (8018) Marilyn Marvin (7708) Brian Glass (8088) Nikita Watts (2028) Amount Amount http://apps.cfwnet.org/council_packet/mc review.asp?ID=32201&councildate=6/11/2024 1/22/2025 M&C Review Page 3 of 3 ATTACHMENTS 21 FORT WORTH CONVENTION CENTER CMAR AMENDMENT 2 FID TABLE.xlsx (CFW Internal) 21 FORT WORTH CONVENTION CENTER CMAR AMENDMENT 2 funds availabilitv.pdf (CFW Internal) 24-Acceptance of Previous MWBE Committment Form Final-CC.pdf (CFW Internal) Form 1295 Certificate 101198211 - Executed.pdf (CFW Internal) SAM E J Smith Construction & Engineerinq Inc.pdf (CFW Internal) SAM Hunt Construction Group Inc.pdf (CFW Internal) SAM Thos S Bvrne Ltd.pdf (CFW Internal) http://apps.cfwnet.org/council_packet/mc review.asp?ID=32201&councildate=6/11/2024 1/22/2025