HomeMy WebLinkAbout025295 - Construction-Related - Contract - Austin Commercial, Inc. (2)STATE OF TEXAS §
COUNTY OF TEXAS § CITY SECRETARY CONTRACT NO. ��oG� %�'
WHEREAS, the City of Fort Worth ("City") the City has entered into a contract with
Austin Commercial, Inc. ("Project Manager") for project management services for the expansion
and renovation of the Fort Worth Convention Center (City Secretary Contract #24692); and
WHEREAS, the City desires to widen the scope of services to include selection of an
Architect and payment of design services incurred within the scope of the contract; and
WHEREAS, the City and Project Manger have mutually agreed to extend the contract
term to accommodate this increase in scope;
NOW, THEREFORE, City and Project Manager, acting herein by and through
their duly authorized representatives, enter into the following agreement:
1.
The first sentence of Article 3.2 is revised to read as follows:
3.2 The parties agree that the term of this contract shall extend for the duration of the design,
construction and warranty period of the last phase of construction (Concept E Phase I). The total
duration of services shall not exceed 5 years from the execution of this amendment, unless a
further extension is mutually agreed to by both parties in writing.
2.
Article 5.2.1 is revised to read as follows:
5.2.1 PREPARTION OF PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS
5.2.1.1 The Project Manager shall enter into a professional service agreement with the
Architect ( references to "Design Professional" in City Secretary Contract #24692 shall be
considered synonymous with "Architect") for the preparation of plans, specifications and
contract documents. Services of the Project Manager are outlined in Article 16.
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3.
Article 5.2.4.1, Description of Phase 1B, is revised to read as follows:
Phase 1B: Design/Preliminary Construction Management Services Phase: The Project Manager
shall manage the services of the Architect to insure that each Phase is in compliance and
consistent with the City's concept design and project plan. The Project Manager will insure that
the construction costs are within the available funds as set by the City.
4.
Article 8, Compensation and Payment, Paragraph 8.1 is revised to read as follows:
8.1 Compensation: The Project Manager shall be paid an amount not to exceed $3,445,403
for the following services (detailed breakdown for all services included as Attachment One) :
8.1.1 Phase lA: Project Planning and Conceptual Design Phase: For Project
Management Services, hourly wages times a multiplier of 2.5 and for the services of the Phase
1 A Architect, hourly wages times a multiplier of 3.0.
8.1.2 Phase 1B: Design/Preliminary Construction Management Services Phase: A not
to exceed amount of $2.947,903 (inclusive of $200,000 for Phase 1B in City Secretary
Contract #24692) to include the Architectural Design fee of $2,284,528, Management Team
consulting Fee of $176,000, Preliminary Construction Management fee of $434,375 and
reimbursables of $53,000.
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5.
The follow section shall be added to Article 9 INDEMNITY AND INSURANCE:
9.7.13 Notwithstanding anything herein to the contrary, Project Manager's liability for claims,
damage, causes of action, including attorneys fees and other costs arising or alleged to arise from
the performance of professional services under this Agreement, shall be limited to the proceeds
of professional liability insurance provided by the Architect and that of their consultants;
provided, however, if Architect and/or its consultants do not maintain professional liability
insurance or allow such insurance to lapse, then Project Manager's professional liability is
limited to the amount described in section 9.5 of City Secretary Contract #24692.
6.
Within Article 10 INDEMNITY PERTAINING TO HAZARDOUS MATERIAL, the words
"and Architect" are to be added wherever there is reference to the Project Manager.
7.
Article 16 is to be added as follows:
Article 16 SERVICES OF THE PROJECT MANAGER WITH RESPECT TO DESIGN
SERVICES
16.1 GENERAL: The Project Manager will contract with the project Architect as an
independent contractor who will perform, within the professional standards normally
accepted in the State of Texas, professional services in connection with the following general
scope of work:
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Design and preparation of construction documents and Construction phase services for
the Renovation and Expansion of the Fort Worth Convention Center
16.2 CHARACTER OF PROJECT MANAGER'S SERVICES WITH
RESPECT TO ARCHITECTURAL DESIGN
16.2.1 The Architect shall be a subcontractor to the Project Manager.
16.2.2 Project Manager shall consult with the City to clarify and define City's
requirements relative to the assignments and review available data.
16.2.3 Project Manager agrees to commit the personnel to the assignment as necessary in
order to complete the assignment in an expeditious manner.
16.2.4 The Project Manager shall pay for the printing of contract documents required for
design submittals, presentations and other design phase products. Project Manager shall
provide 5 sets of design drawings and specifications and one complete set of
reproducibles for use in bidding and construction contracts.
16.2.5 Perform services as outlined in Attachment A, which is attached to and made a
part of this Amendment.
16.3 FEES: The Project Manager's fees shall be allocated by an agreed schedule
broken down by Phases.
16.3.1 Project Manager shall not be paid more than the following amounts based upon
the stage of design:
16.3.1.1 Preliminary Concept Plan and Presentation 7% of total fee
16.3.1.2 For each Project Phase, percentage of Phase design costs.
16.3.1.3 Completion of Schematic Design 21%
16.3.1.4 Completion of Design Development and cost estimates 35%
16.3.1.5 Completion of Construction documents 75%
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16.3.1.6 Action by City Council to accept bids 80%
16.3.1.7 Final acceptance of the Project Phase by the City 100%
16.3.2 The Project will be constructed in four Phases:
16.3.2.1 'Phase 1: Site Improvements and Utility Relocations
16.3.2.2 Phase 2: Building exterior and supporting rough interior
16.3.2.3 Phase 3: Interior Finish and Equipment
16.3.2.4 Phase 4: East Hall Modification
16.4 RESPONSIBILITY FOR CONSTRUCTION COSTS
16.4.1 The Construction Budget for this Project is $25,000,000 plus a construction
contingency of $2,500,000, including all site work, utility relocation and utility
connection fees. If the Construction Budget for any Phase of the Project is exceeded by
the lowest bona fide bid, the City shall (1) award the contract, (2) abandon the project and
terminate this agreement, or (3) cooperate in the reduction of the Project Scope and
features as required to stay within the Construction Budget in order to rebid the Project.
If the City decides to reduce the scope of the project phase and rebid, the Project Manager
sha11, at its sole cost and expense, cause the Architect to modify the Drawings and
Specifications as necessary to stay within the Construction Budget. In the event the City
abandons the project after receiving bids, the City may terminate this Agreement, and the
Project Manager shall be entitled to 80% of the total fee for any unawarded phases.
16.4.2 The Project Manager shall inform the City, in writing, of the probable
construction cost at the submission of each design phase for each Project phase. The City
shall either approve the adjustment of the Construction Budget or direct the Project
Manager to adjust the Project design to stay within the previously approved Construction
Budget.
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16.5 PROCEDURES FOR PROVIDING DESIGN SERVICES
16.5.1 Design Phase:
16.5.2 City shall notify the Project Manager when it is appropriate to proceed with the
services.
16.5.3 The Project Manager shall visit the site and make itself familiar with the scope of
the assignment
16.5.4 The Project Manager shall inform the City of the need for services to survey, plat,
prepare and vacate easements and any other property issues necessary to complete the
design and secure a construction permit.
16.5.5 The design shall include all site work, design and coordination of utilities,
landscaping and facility design required for a complete and functional project.
16.5.6 The Project Manager shall prepare presentation graphics using plans necessary for
the design and attend twelve scheduled public meetings during the design of the project.
Project Manager shall require the Architect to prepare "Elimination of Architectural
Barriers Registration" and submit the applications to the Texas Department of Licensing
and Regulation. All designs shall be in conformance with the Elimination of Barriers
Act, State of Texas, City of Fort Worth Building Codes and the Texas Accessibility
Standards (TAS).
16.5.7 The Project Manager shall reimburse the City for all damages incurred as a result
of the failure of a facility to conform to all applicable State rules and regulations, Federal
law, and municipal ordinances, including but not limited to the cost to modify the facility
to conform to all applicable State rules and regulations, Federal law, and municipal
ordinances.
16.5.8 The Project Manager shall include procedures for mitigating the design or
installation of new hazardous material as part of the work, use of recycled building
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materials, sustainable construction, and a building-commissionin� program in the design
of the project.
16.5.9 The City shall acknowledge the design costs and scope in writing at each stage of
design. The Project Manager shall submit the stages of design to�the City in eight copies
along with its opinion of probable construction cost.
16.5.10 Upon written approval of the final design, the Proj�ect Manager shall make
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whatever final changes are necessary and submit the d�awings and technical
specifications to the City for use in bidding.
16.5.11 Project Manager shall prepare the design in phases' as follows:
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16.5.11.1 Preliminary Concept Plan and Presentation: Develpp a phased project plan
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to meet the long-term development plan. Phased plan will� include utility and site
preparation, facility construction and interior finish-out phase�. The three phases may
be further broken out to control the size of individual contrac�s for each Project Phase:
16.5.11.2 Schematic Design: Preparation of alternative floor and site plans,
architectural concepts and principal equipment and finish pla�hs and cost estimates.
16.5.11.3 Design Development: Preparation of detailed arcl�itectural floor plans and
principal elevations, site plans, selection of principal equi:�ment and finishes, and
detailed cost estimates
16.5.11.4 Construction Documents: Preparation of detailS, mechanical, electrical,
and plumbing plans, finish schedules, detailed specifica�ions, and detailed cost
estimates.
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16.5.11.5 Bidding: I
16.5.11.5.1 The Project Manager shall respond to $idders inquiries, prepare
whatever addenda are necessary and assist the City at th� Prebid Conferences.
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16.5.11.5.2 Following bidding the Project Manager shall make
recommendations concerning award of the contract.
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16.5.11.6 Construction Services:
16.5.11.6.1 The Project Manager shall assist the City, upon request, in
approving submittals, observing construction procedures and results, reviewing
methods and costs associated with proposed change orders, and resolving
construction problems. However, neither the professional activities of the
Architect, nor the presence of the Architect or his or her employees and
subconsultants at a construction site, sha11 relieve the General Contractor and any
other entity of their obligations, duties and responsibilities including, but not
limited to, construction means, methods, sequence, techniques or procedures
necessary for performing, superintending or coordinating all portions of the Work
of construction in accordance with the contract documents and any health or
safety precautions required by any regulatory agencies. The Architect and his or
her personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or any
health or safety precautions. The City agrees that the General Contractor is solely
responsible for jobsite safety, and holds the Project I1rlanager responsible for
making this intent evident in the Project Manager's preparation of bid and
construction contract documents.
16.5.11.6.2 Project Manager shall attend periodic job site meetings.
16.5.11.6.3 At the completion of construction, the Project Manager shall assist
the City conduct and document the final inspection and assist the
Program/Construction Manager on the resolution of construction or design
deficiencies.
16.5.11.6.4 Project Manager shall assist the City in the Commissioning Phase
of the Project using the services of his mechanicaUelectrical consultants.
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16.5.11.6.5 The Project Manager shall prepare "Record Drawings" on mylar
medium based on inspection notes, Contractor's marked up field drawings and the
Project Manager's observations.
16.5.11.7 All project information and designs shall become the property of the City
and may be used by the City in any manner it wishes. The Project Manager shall not
be liable for the use of such design information on other projects executed by the
City.
16.6 CITY RESPONSIBILITIES
16.6.1 The Project Manager shall represent the City in the daily management of the
design and construction activities.
16.6.2 Upon receipt of written approval from the City, the Project Manager will have the
authority to direct changes in scope.
16.6.3 The Project Manager will make recommendations to the City concerning
contractual cost changes (Design Agreement Amendments and possible alternative bid
packages).
16.6.4 The Project Manager shall have the authority to accept project documents and
construction on the behalf of the City.
16.6.5 The Project Manager shall review and approve all reports, recommendations and
other documents and provide written decisions pertaining thereto within a reasonable
time.
All other provisions of this Contract which are not expressly amended herein shall remain in full
force and effect.
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Executed on this the � day of �C��u✓
ATTEST:
City Secretary � �
APPROVED AS TO FORM
Assistant ty Attorney
ATTEST:
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Name: `iG�(E12 %v1��
Title: C�µ?�oc.-�- ��-�
AUSTIN COMME CIAL, INC.
10
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CITY OF FO WO
B.
Assistant City Manager
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Contract Authorization
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vate
AUSTIN COMMERCIAL, INC.
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Ton ck
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ATTACHMENT ONE
(to replace Attachment One of the 02/26/99 originai agreement; CS Contract #24692)
RENOVATION AND EXPANSION FORT WORTH CONVENTION CENTER
FEE STRUCTURE
AUSTIN COMMERCIAL
Phase lA- Project Planning and
Conceptual Design
Phase 1 B- Design/Preliminary
Construction Management Services
Design Management/Coordination $364,375
Bidding Phase $ 70,000
TOTAL Pha'se 1 B
TOTAL AUSTIN COMMERCIAL
$225,000
$434,375
$659,375
MANAGEMENT TEAM CONSULTING FEE (Phase 1B1
Architectural Services Inc. $ 75,000
Conventional Wisdom 66,000
environmental monitoring (TBD) 35,000
TOTAL $176,000
ARCHITECTURAL DESIGN FEE
Carter Burgess
$2,284,528
TOTAL ALL PROFESSIONAL SERVICES $3,119,903
(NOTE: Salary Costs include multipliers in amounts not to exceed 2.5 for Project Management Services
and 3.0 for Architectural Services respectively.)
REIMBURSABLES (Phases lA and 1B�
Site and Utility Survey
Geotechnical Investigation & Foundation Study
Environmental Assessment
Public Meetings (subconsultant)
Temporary Office Space
Temporary Services '
Office Equipment & Supplies
Printing
Phone
Out of Town Travel
Miscellaneous
TOTAL REIMBURSABLES (all phases)
GRAND TOTAL (Maximum Fee/Not To Exceed Amount)
$ 50,000
30,000
50,000
35,000
22,500
10,000
10,000
60,000
13,000
35,000
10,000
$325,500
$3,445,403
11
GideonToal
June 3, 1999
Ralph Cook
Manager Design Build
Austin Commercial
3535 Travis Street, Suite 300
Dallas, Texas 75221-2879
Re: Fort Worth Convention Center
Gideon Toal Project No. 5817.00
Dear Ralph:
Based on the City's "Prime Contract with Austin Comrnercial", Gideon Toal's overhead
factor is 3.0. � In addition, the following salaries represents the compensation of the
personnel we anticipate will be involved in this contract:
Emnlovee
Amatuli
Crumpler
Ibanez
Grimland
Wooten
Hart
Herr
Gries
Arevalo
Richards
O'Kelly
Jones
cc: File
Hourlv
Rate
29.72
23.77 ,
38.47
24.76
33.36
18.51
15.87
12.60
12.02
35.00
45.10
30.75
Overhead
Factor
3.0
3.0
3.0
3.0
3.0
3.0
3.0
3.0 �
3.0
3.0
3.0
3.0
Hourlv
Fee
89.16
71.31
115.41
74.28
100.08
55.53
47.61
37.80
36.06
105.00
135.30
92.25
need additional information regarding this data.
Architecture • Engineering • Planning • Interiors • Landscape Architecture
1401 Henderson Street Fort Worth, Texas 76102 Phone 817.335.4991 Fax 817.877.1861
�
�Itf111
August 2, 1999
Mr. Paul Cain
Transportation & Public Works
Administration
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
Austin Commercial
An Austin Industries Company
Austin Commercial, Inc.
Construction ManageNGeneral Contractor
P.O. Box 2879
Dallas, Texas 75221
3535 Travis Street, Suite 300 (75204)
214 443-5700
214 443-5791 (Fax)
ATTACHMENT 3
Re: Fort Worth Convention Center
Contract No. 24692
Dear Paul:
Below is a list of Austin Commercial's actual hourly wages as required by Article 8.1.1.: Revised to
include an additional employee and one wage increase.
Ralph W. Cook
Russell Harker
Gil Holt
Tom Neil
Mary C. Sparks
Elizabeth Stratton
Elizabeth Stratton (Increase 7/19)
Kelly Smith
Kelly Williams
Hourlv Wa�es
50.4808
48.0769
40.8654
28.8462
15.8654
15.8654
16.8269
19.7115
42.0808
Multinlier
2.5
2.5
2.5
2.5
2.5
2.5
2.5
2.5
2.5
Hourlv Fee
126.21
120.20
102.17
72.12
39.67
39.67
42.07
49.28
105.21
Please contact me if you have any questions.
Sincerely,
,,,�% � ;
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Ralph W. Cook
Manager Design Build
City of Fort Wor�th, Texas
�1✓�Ayar At1d Caunc�l ammun�cAt�an
C
DATE REFERENCE NUMBER LOG NAME PAGE
9�28099 C-17670 20FWCC 1 of 2
SUBJECT AMENDMENT TO PROFESSIONAL SERVICES AGRE_EMENT WITH �U�TIN
COMMERCIAL, INC. FOR THE DESIGN PHASE OF THE FORT WORTH CONVENTION
CENTER EXPANSION, AND AUTHORIZATION TO INITIATE NEGOTIATION OF
CONSTRUCTION MANAGEMENT CONTRACT WITH AUSTI�J COMMERCIAL, INC.
RECOMMENDATION:
It is recommended that the City Council:
1. Approve an amendment to City Secretary Contract No. 24692 in the amount of $2,747,903 for
additional project management services and preliminary construction management services during
design of the Fort Worth Convention Center (FWCC) expansion; and
2. Authorize the City Manager to negotiate a construction management contract with Austin
Commercial, Inc. for construction of the expansion.
DISCUSSION:
On January 19, 1999 (M&C C-17228), the City Council authorized the City Manager to execute a
$697,500 program management contract with Austin Commercial, Inc. for management of project
planning, conceptual design, and design of the FWCC expansion. Under terms of the original contract,
the City was to enter into a separate contract with the selected architect. Austin Commercial, Inc. was
to assist the City via monitoring of design plans and construction document preparation, etc.
This amendment enables the City to utilize Austin Commercial, Inc.'s considerable expertise and
experience to award and manage the architectural services contract, rather than assisting the City as
the original contract provided. Under terms of this amendment, Austin Commercial, Inc. will
subcontract with the selected architect(s) and ensure that each phase of the project is in compliance
and consistent with the City's concept design. In addition, Austin Commercial, Inc. will provide
preliminary construction management services and ensure that construction costs are within the City's
available funding amount. The $2.75 million in additional funding will be allocated as follows:
• Austin Commerical, Inc.
(Design Management/Preliminary Construction Management)
• Architectural Services, Inc.
• Convent6onal Wisdom
•(Firm to be determined for environmental monitoring)
• Carter Burgess (architectural design fee)
• Reimburseable expenses
TOTAL THIS AMENDMENT
$ 234,375
$ 75,000
$ 66,000
$ 35,000
$2,284,528
$ 53.000
$2,747,903
City o.f For�t Worth, Texas
n►!1�' a��yar � And C,au.nc�l C,�mmun�cAt�an
DATE REFERENCE NUMBER LOG NAME PAGE
9�28�99 C-17670 20FWCC 2 of 2
SUBJECT AMENDMENT TO PROFE SIONAL SERVICES AGREEMENT WITH AUSTIN
COMMERCIAL, INC. FOR THE DESIGN PHASE OF THE FORT WORTH CONVENTION
' CENTER EXPANSION, AND AUTHORIZATION TO INITIATE NEGOTIATION OF
CONSTRUCTION MANAGEMENT CONTRACT WITH AUSTIN COMMERCIAL, INC.
Upon approval of this amendment, the total amount to be paid to Austin Commercial, Inc. for project
management, project design, and preliminary construction management services (i.e., construction bid-
ding phase) is $3,445,403 (i.e., $697,500 in original contract, plus costs included in this amendment.)
Also, the term of the agreement is amended to "not to exceed" five years. This will enable the City to
retain the services of Austin Commercial, Inc. for design of future phases, should the City wish to do so
within the next five'years. The original contract term was nine months.
It is staffs recommendation that Austin Commercial, Inc.'s construction expertise, experience, and
familiarity with the FWCC project are justification to begin negotiation of �a project management
contract. � . �
Austin Commercial, Inc. is in compliance with the City's M/WBE Ordinance by committing to the original
26% M/WBE participation including this amendment.
FISCAL INFORMATION/CERTIFICATION: �
The Finance Director certifies that funds are available, as appropriated, in the current capital budget of
the Public Events Fund. � .
MG:k
Submitted for City Manager's
Office by:
Mike Groomer
Originatiug Department Head:
Hugo Malanga
Additional Information Contact:
Hugo Malanga
FUND I ACCOUNT I CENTER I AMOUNT
(to)
6140 I
7801 I (from)
I C192
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531200 020192067001
CITY SECRETARY
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� APPROV�D .
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$2,747,903.00 � SEP �� ,��9�
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