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HomeMy WebLinkAbout059217-A4 - Construction-Related - Contract - Hunt-Byrne-SmithCity of Fort Worth, Texas Standard Agreement for Professional Services AMENDMENT Revision Date: 3/20/2020 Page 1 of 2 AMENDMENT NO.4 TO AGREEMENT Fort Worth Convention Center Phase 2 STATE OF TEXAS CITY SECRETARY CONTRACT NO. _______ 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 22-0971, the 29th day of November 2022 Center Phase 2; and WHEREAS, further amendment is necessary to support contractor s ability to deliver against the additional scope of work for the Fort Worth Convention Center Phase 2 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 in the amount of $102,175,386.00. (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 a minimum, the areas of scope listed in Attachment A: 1. HBS Proposal 2. M&C 25-0883 City of Fort Worth, Texas Standard Agreement for Professional Services AMENDMENT Revision Date: 3/20/2020 Page 2 of 2 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth By: ___________________________ Name: Valerie Washington Title: Assistant City Manager Date: ___________________________ Approval Recommended: By: ______________________________ Name: Marilyn Marvin Title: Interim Director Property Management Attest: By: ______________________________ Name: Jannette Goodall Title: City Secretary 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: Assistant Dir. Property Management Approved as to Form and Legality: By: ______________________________ Name: Stephen M. Hines Title: Sr. Assistant City Attorney Contract Authorization: M&C: 25-0883 Contractor: Hunt-Byrne-Smith, A Joint Venture By: Name: Robert F. Hart Title: President, Hunt Construction Group, Inc. Date: ____________________________ Director Property Management 13355 Noel Road Fourth Floor Dallas, TX +1 214 988 1000 September 16, 2025 Mr. David Crabtree Broaddus & Associates RE: City of Fort Worth Fort Worth Convention Center Phase 2 Construction Services Hunt-Byrne-Smith Project No. 15300203 David: Pursuant to your request, Hunt-Byrne- Contract Amendment #4 request for the Fort Worth Convention Center Phase 2 Expansion and Renovation. This Amendment to the current CMAR Construction Contract between the City of Fort Worth and Hunt-Byrne-Smith, a Joint Venture dated March 23, 2023, includes partial Phase II existing building renovations, demolition and other Phase 2 early construction services, as agreed to within the Amendment budget to expedite the overall project schedule. The expenditure of funds under this Amendment shall be by an The total amount of this Amendment request is $15,423,251 and will increase the total Contract amount from the current $86,752,135 to $102,175,386. Equity, and Inclusion (DEI) program. In accordance with that mandate, the execution of Amendment #4 shall remove the requirements of Section E-4 of the CMAR Contract for DEI participation goals and associated documentation requirements, and tracking and reporting of participation goals through the B2Gnow system. HBS will continue fair and transparent procurement practices with all qualified business entities. Please contact me with any questions. Sincerely, for Hunt-Byrne-Smith, a Joint Venture Brian K DuncanProject Executive 13355 Noel Road Fourth Floor Dallas, TX +1 214 988 1000 October 6, 2025 Mr. David Crabtree Broaddus & Associates RE: City of Fort Worth Fort Worth Convention Center Phase 2 CMAR Contract & Amendment Summary Hunt-Byrne-Smith Project No. 15300203 David: Listed is our accounting of the original CMAR Agreement value and Contract Amendments. Description Date Executed Amount Revised Contract Amount Original CMAR April 4, 2023 $30,000,000 Amendment #1 September 28, 2023 $43,000,000 $73,000,000 Amendment #2 September 19, 2024 $9,212,681 $82,212,681 Amendment #3 January 14, 2025 $4,539,454 $86,752,135 Amendment #4 TBD $15,423,251 $102,175,386 Please contact me with any questions. Sincerely, for Hunt-Byrne-Smith, a Joint Venture Brian K Duncan Project Executive Docusign Envelope ID: BB8AB10C-614F-4A21-9A30-6A1B9353DF9C City of Fort Worth, Texas Mayor and Council Communication DATE: 09/16/25 M&C FILE NUMBER: M&C 25-0883 LOG NAME: 25FWCC PHASE2 AMENDMENTS SUBJECT (ALL) Authorize Execution of Amendment No. 4 to the Professional Services Agreement with Broadus & Associates, Inc. in an Amount Up to $2,416,489.23 for a Total Contract Value of $6,585,964.23; Amendment No. 5 to the Professional Services Agreement with Thompson, Ventulett, Stainback & Associates, Inc., in an Amount Up to $26,000,000.00 for a Total Contract Value of $39,441,818.00, for Design and Construction Administration Services; and Authorize Execution of Amendment No. 4 to the Construction Manager at Risk Contract with Hunt/Byrne/Smith, a Joint Venture, in an Amount Up to $15,423,251.00, for a Total Contract Value of $102,175,386.00 RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of Amendment No. 4 to the Professional Services Agreement with Broadus & Associates, Inc., in an amount not to exceed $2,416,489.23 for a total contract value of $6,585,964.23, for project management services; 2. Authorize execution of Amendment No. 5 to the Professional Services Agreement with Thompson, Ventulett, Stainback & Associates, Inc., in an amount not to exceed $26,000,000.00 for a total contract value of $39,441,818.00, for design and construction administration services; and 3. Authorize execution of Amendment No. 4 to the construction manager at risk contract with Hunt/Byrne/Smith, a Joint Venture, in an amount not to exceed $15,423,251.00, for a total contract value of $102,175,386.00. DISCUSSION: The purpose of this Mayor and City Council Communication (M&C) is to authorize amendments to three contracts associated with Phase 2 of the expansion of the Fort Worth Convention Center (FWCC). The expansion project is being accomplished in finro major phases. Phase 1 includes the construction of new state-of-the-art food & beverage facilities, demolition of the east annex, straightening of Commerce Street (to create a site for a future convention hotel) and building new covered loading docks. Construction for Phase 1 started in summer 2023 and it is approximately 80% complete. In the spring of 2024 voters and Council approved an increase in the hotel occupancy tax rate (M&C 24-0312) to fund Phase 2 of the expansion. Phase 2 will replace the arena with additional exhibit halls, ballroom, meeting rooms, and refurbish the existing facility. Broaddus & Associates, Inc. is providing project management services for Phases 1 and 2. Broaddus & Associates, Inc's original cost for the Phase 2 effort was $2,816,388.00. M&C 23-0930 authorized execution of Amendment No. 2 to the agreement with Broaddus & Associates, Inc., in the amount of $556,158.00, for services associated with the renovation of the Fort Worth Water Gardens. Having only completed a portion of the work ($156,264.23), Park & Recreation Department (PARD) elected to administratively terminate the services with Broaddus & Associates, Inc. to manage the project internally. Terminating the contract with PARD reduces the funds required for Phase 2 by $399,893.77; making the revised amount for Amendment No. 4. $2,416,489.23 for a total contract value of $6,585,964.23. Thompson, Ventulett, Stainback & Associates, Inc. is providing design services. Amendment No. 5 to the Professional Services Agreement with Thompson, Ventulett, Stainback & Associates, Inc., in the Amount Up to $26,000,000.00 will provide these additional Phase 2 design services for a Total Contract Value of $39,441,818.00. HunUByrne/Smith, a Joint Venture, is the construction team. Amendment No. 4 to the Construction Manager at Risk Contract with HunUByrne/Smith, a Joint Venture, in the Amount Up to $15,423,251.00, will provide some construction and ordering of long lead items, for a Total Contract Value of $102,175,386.00. As designs progress, there will be future M&C's to address the balance of the cost of construction. Budget - The current project costs are described in table below: FWCC Expansion Phase 1& Phase 2(Partial) Cost Project Management Fees $6,595,696.23 Design Fees $39,441,818.00 Construction Cost $102,175,386.00 Administrative Costs (Staff Time, ITS, AV, Security, PublicArt, Utilities, FF&E, Moving Costs, $7,026,146.89 Contingencies) TOTAL $155,239,047.12 Funding - The project was initially funded through a$52,000,000.00 ARPA Grant funds (M&C 21-0934) and $43,000,000.00 in 2023 Combination Tax and Revenue Certificates of Obligation bonds (M&C 23-0250). In order to award this agreement, the Public Events Department recommends using existing Culture & Tourism (C&T) fund balance as the interim capital advance appropriation and as the source to make Docusign Envelope ID: BB8AB10C-614F-4A21-9A30-6A1 B9353DF9C m, at which time such funding will replace the advanced capital funding and the C&T fund balance will be restored in its full amount. As designs and plans are completed, the construction contractor will provide estimates and the construction cost will increase, there will be future M&C"s before Council. It is anticipated that a final project budget will be in the range of $600,000,000.00 and $700,000,000.00. Additional funding will be appropriated in the project on a future M&C to cover all estimated project costs. Funding is budgeted in the Spcial Tax Rev Bnd Serie 20256 Fund for the Public Events Department for the purpose of funding the ARPA FWCC Expansion & Prj Mgmt project, as appropriated.This M&C authorizes $43,839,740.23 of the current total project budget of $155,239,047.12. Waiver of Building Permit Fees - In accordance with the City Code of 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." The Fort Worth Convention Center is located in COUNCIL DISTRICT 9 but 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 Spcial Tax Rev Bnd Serie 2025B Fund for the ARPA FWCC Expansion & Prj Mgmt project to support the approval of the above recommendations and execution of the amendments. Prior to any expenditure being incurred, the Property Management and Public Events Departments have the responsibility to validate the availability of funds. Submitted for City Manager's Office b� Jesica McEachern 5804 Originating Business Unit Head: Michael Crum 2501 Additional Information Contact: Keith A. Chisolm 2525 Brian Glass 8088 Expedited