Loading...
HomeMy WebLinkAbout059217-A5 - Construction-Related - Contract - Hunt-Byrne-Smith, a Joint VentureDocusign Envelope ID: 48D09B19-FIFE-8C5F-8351-630E2E62112B CSC No. 59217-A5 AMENDMENT NO.5 TO AGREEMENT Fort Worth Convention Center Expansion and Renovations STATE OF TEXAS CITY SECRETARY CONTRACT NO. 59217 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, 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 3 of the contract is amended as follows: "Fort Worth Convention Center — Phase 1 Fort Worth Convention Center Expansion and Renovations — Phase 2 1201 Houston Street OFFICIAL RECORD Fort Worth, TX 76102". CITY SECRETARY Paragraph 7 of the contract is amended as follows: FT. WORTH, TX "The agreed upon estimated construction budget amounts shall be in the amount of $109,175,386.00 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. Section D-7 of General Conditions is amended as follows: The terms of Section D-7 of the General Conditions of the Contract for Construction attached to the Agreement shall only apply to the Phase 1 Project. With regard to the Phase 2 Project, the applicable Davis -Bacon Act general wage determination for building construction in Tarrant County, Texas shall apply. As of the date of this Amendment, the current, applicable Davis Bacon Act general wage determination is City of Fort Worth, Texas Standard Agreement for Professional Services AMENDMENT Revision Date: 3/20/2020 Page 1 of 2 Docusign Envelope ID: 48D09B19-F7FE-8C5F-8351-630E2E62112B attached hereto as Schedule 1. This addition will cover, at minimum, the areas of scope listed in Attachment A: 1. HBS Amendment #5 Request, dated April 29, 2026 2. Davis Bacon Wage Determination No. TX20260270 05/18/2026 — "Schedule 1" 3. M&C 26-0468 dated 06/09/2026 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth Ilap—W� By: Valerie Washington (Jun 24, 2026 10:02:40 CDT) Name: Valerie Washington Title: Assistant City Manager Date: 06/24/2026 Approval Recommended: Ella�Ia 6"eua-a Oh beha�404UWiC�a Mawih By: Eliana Guevara on behalf of Marilyn Marvin Jun 4, 2026 09 9:13 CDT) Name: Marilyn Marvin Title: Director Property Management Attest: By: Name Title: 4F F°pr'°a o w o0 v % , GAp4 A � o 4,nn�4p56Q Jannette Goodall City Secretary Contractor: Hunt -Byrne -Smith, A Joint Venture DocuSigned by: By:rnFa��/ Name: Monte Thurmond Title: Executive Vice President / COO, AECOM Hunt South Region Date: 06-19-2026 1 5:12 PM 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: Name Title: Brian Glass Assistant Dir. Property Management Approved as to Form and Legality: By: Stephen Hines (Jun ..3, 2026 13:52:31 CDT) Name: Stephen M. Hines Title: Sr. Assistant City Attorney Contract Authorization: M&C: 25-0883 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Docusign Envelope ID: 48D09B19-F7FE-8C5F-8351-630E2E62112B ATTACHMENT A Docusign Envelope ID: 48D09B19-F7FE-8C5F-8351-630E2E62112B ,A:COM H U NT April 29, 2026 Mr. David Crabtree Broaddus & Associates BYM CONSTRUCTION SERVICES M EJ SMITH CONSTRUCTION RE: City of Fort Worth — Fort Worth Convention Center Phase 2 Early Structural Steel Procurement Hunt -Byrne -Smith Project No. 15300204 David: 13355 Noel Road Fourth Floor Dallas, TX +1 214 988 1000 Pursuant to your request, Hunt -Byrne -Smith, a Joint Venture ("HBS") is pleased to present our Contract Amendment #5 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 funding for Phase 2 early release structural steel procurement, subcontractor Design Assist and other 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 approved Notice to Proceed ("NTP") executed by the Owner. The total amount of this Amendment request is $7,000,000 and will increase the total Contract amount from the current $102,175,386 to $109,175,386. Please contact me with any questions. Sincerely, for Hunt -Byrne -Smith, a Joint Venture I Brian K Duncan Project Executive Docusign Envelope ID: 48D09B19-F7FE-8C5F-8351-630E2E62112B Description Date Executed Amount Revised Contract Amount Original CMAR April4, 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 October 28, 2025 $15,423,251 $102,175,386 Amendment#5 TBD $7,000,000 $109,175,386 Docusign Envelope ID:48D09B19-F7FE-8C5F-8351-630E2E62112B _JEDULE 1 "General Decision Number: TX20260270 05/18/2026 State: Texas Construction Types: Building Counties: Texas Counties of Tarrant Modification Number Publication Date 0 01/02/2026 1 05/18/2026 ASBE0021-011 06/01/2025 Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (DUCT, PIPE AND MECHANICAL SYSTEM INSULATION) ...................$ 33.23 7.52 ---------------------------------------------------------------- BOIL0074-003 01/01/2025 Rates Fringes BOILERMAKER .........................................$ 33.17 24.92 ---------------------------------------------------------------- CARP1421-002 10/01/2023 Rates Fringes MILLWRIGHT ..........................................$ 32.02 11.27 ---------------------------------------------------------------- ELEV0021-006 01/01/2025 Rates Fringes ELEVATOR MECHANIC: FOOTNOTES: A. 6% UNDER 5 YEARS BASED ON REGULAR HOURLY RATE FOR ALL HOURS WORKED. 8% OVER 5 YEARS BASED ON REGULAR HOURLY RATE FOR ALL HOURS WORKED. B. NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, CHRISTMAS DAY, AND VETERANS DAY ................$ 51.93 38.44 ---------------------------------------------------------------- ENGIO178-005 06/01/2020 Rates Fringes POWER EQUIPMENT OPERATOR ((3) HYDRAULIC CRANES 59 TONS AND UNDER) .....................................$ 32.35 13.10 POWER EQUIPMENT OPERATOR ((1) TOWER CRANE) .......... $ 32.85 13.10 ---------------------------------------------------------------- IRON0263-005 06/01/2025 Rates Fringes IRONWORKER: ORNAMENTAL AND STRUCTURAL ...............$ 29.64 8.43 ---------------------------------------------------------------- PAIN0053-004 04/01/2014 Rates Fringes Docusign Envelope ID: 48D09B19-F7FE-8C5F-8351-630E2E62112B PAINTER (BRUSH, ROLLER, AND SPRAY (EXCLUDES DRYWALL FINISHING/TAPING))..................................$ 16.40 5.45 ---------------------------------------------------------------- PLUM0146-003 05/01/2025 Rates Fringes PIPEFITTER (EXCLUDES HVAC PIPE INSTALLATION) ........ $ 41.28 12.16 ---------------------------------------------------------------- SUTX2014-048 07/21/2014 Rates Fringes TRUCK DRIVER: WATER TRUCK ..........................$ 12.00 4.11 TRUCK DRIVER: SEMI -TRAILER TRUCK ...................$ 12.50 0.00 TRUCK DRIVER: FLATBED TRUCK ........................$ 19.65 8.57 TRUCK DRIVER: DUMP TRUCK ...........................$ 12.39 1.18 TILE SETTER .........................................$ 12.00 0.00 TILE FINISHER .......................................$ 11.22 0.00 SPRINKLER FITTER (FIRE SPRINKLERS) ..................$ 19.27 3.68 SHEET METAL WORKER, EXCLUDES HVAC DUCT INSTALLATION.$ 18.63 0.65 SHEET METAL WORKER (HVAC DUCT INSTALLATION ONLY) .... $ 21.54 5.59 ROOFER ..............................................$ 15.70 0.58 PLUMBER, EXCLUDES HVAC PIPE INSTALLATION ............ $ 22.10 4.17 PLASTERER ...........................................$ 15.30 0.00 PIPEFITTER (HVAC PIPE INSTALLATION ONLY) ............ $ 21.28 4.45 OPERATOR: ROLLER ...................................$ 15.04 0.00 OPERATOR: PAVER (ASPHALT, AGGREGATE, AND CONCRETE) ...........................................$ 18.44 0.00 OPERATOR: MECHANIC .................................$ 17.52 3.33 OPERATOR: LOADER ...................................$ 12.89 1.19 OPERATOR: GRADER/BLADE .............................$ 12.95 0.00 OPERATOR: FORKLIFT .................................$ 14.20 0.00 OPERATOR: DRILL ....................................$ 17.60 0.50 OPERATOR: BULLDOZER ................................$ 18.29 1.31 OPERATOR: BOBCAT/SKID STEER/SKID LOADER ............ $ 13.93 0.00 OPERATOR: BACKHOE/EXCAVATOR/TRACKHOE...............$ 13.09 0.00 LABORER: LANDSCAPE AND IRRIGATION ...................$ 10.00 0.00 LABORER: ROOF TEAROFF ..............................$ 11.28 0.00 LABORER: PIPELAYER.................................$ 13.00 0.35 LABORER: MASON TENDER - CEMENT/CONCRETE ............ $ 10.81 0.00 LABORER: MASON TENDER - BRICK ......................$ 10.50 0.00 LABORER: COMMON OR GENERAL .........................$ 11.30 0.00 IRONWORKER, REINFORCING .............................$ 12.19 0.00 INSTALLER - SIDING (METAL/ALUMINUM/VINYL)........... $ 15.77 0.00 HVAC MECHANIC (HVAC UNIT INSTALLATION ONLY) ......... $ 22.39 7.10 GLAZIER .............................................$ 16.61 2.96 FORM WORKER .........................................$ 12.35 0.00 ELECTRICIAN, EXCLUDES LOW VOLTAGE WIRING AND INSTALLATION OF ALARMS/SOUND AND COMMUNICATION SYSTEMS .............................................$ 20.59 3.98 ELECTRICIAN (SOUND AND COMMUNICATION SYSTEMS ONLY)..$ 17.79 2.41 ELECTRICIAN (LOW VOLTAGE WIRING ONLY) ...............$ 14.88 2.15 ELECTRICIAN (ALARM INSTALLATION ONLY) ...............$ 18.00 0.38 DRYWALL HANGER AND METAL STUD INSTALLER .............$ 16.20 3.40 DRYWALL FINISHER/TAPER ..............................$ 16.24 3.94 CEMENT MASON/CONCRETE FINISHER ......................$ 13.44 0.00 CARPENTER, EXCLUDES DRYWALL HANGING, FORM WORK, AND METAL STUD INSTALLATION .............................$ 15.47 1.82 BRICKLAYER ..........................................$ ---------------------------------------------------------------- 20.66 0.00 ---------------------------------------------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- Note: Executive Order (EO) 13706, Establishing Paid Sick Leave Docusign Envelope ID: 48D09B19-F7FE-8C5F-8351-630E2E62112B for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Note: Executive Order 13658 generally applies to contracts subject to the Davis -Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive Order 13658 does not apply to contracts subject only to the Davis -Bacon Related Acts regardless of when they were awarded. If a contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13.65 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract from May 11, 2026, through December 31, 2026. The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). ----------------------------------------------------------------------------------------------------- The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate. Union Rate Identifiers A four-letter identifier beginning with characters other than *SU*, AUAVGA, *SA®, or *SC* denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Docusign Envelope ID: 48D09B19-F7FE-8C5F-8351-630E2E62112B Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers The *SU* identifier indicates that either a single non -union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non -union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. *SU* wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1). State Adopted Rate Identifiers The QSAQ identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ASAA identifier took effect under state law in the state from which the rates were adopted. ----------------------------------------------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be: a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch Docusign Envelope ID: 48D09B19-F7FE-8C5F-8351-630E2E62112B of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to: Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHO Branch of Construction Wage Determinations. Requests can be submitted via email to BCWD-Office@dol.gov or by mail to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION Docusign Envelope ID: 48D09B19-F7FE-8C5F-8351-630E2E62112B City of Fort Worth, Texas Mayor and Council Communication DATE: 06/09/26 M&C FILE NUMBER: M&C 26-0468 LOG NAME: 21 FWCC CMAR AMENDMENT #5 SUBJECT (ALL) Authorize Execution of Amendment No. 5 to the Construction Manager at Risk Contract with Hunt/Byrne/Smith, a Joint Venture, for the Convention Center, in an Amount Up to $7,000,000.00, for a Total Contract Value of $109,175,386.00 RECOMMENDATION: It is recommended that the City Council authorize execution of Amendment No. 5 to the construction manager at risk contract with Hunt/Byrne/Smith, a Joint Venture, in an amount up to $7,000,000.00, for a total contract value of $109,175,386.00. DISCUSSION: The purpose of this Mayor and City Council Communication (M&C) is to authorize an Amendment No. 5 to the Construction Manager at Risk (CMAR) contract. The expansion project is being accomplished in two major phases. Phase 1 is complete and includes the construction of new state-of-the-art food & beverage facilities, demolition of the east annex, straightening of Commerce Street and building new covered loading docks. Phase 2 will replace the arena with additional exhibit halls, ballroom, meeting rooms, and refurbish the existing facility. As this is a large construction project, the structural steel is a significant material order which can take a long time to manufacture. To expedite this process the CMAR contractor is requesting this amendment to buy a portion of the structural steel and pay for subcontractor design assistance. This amendment is accounted for within the amendment budget. There will be an Amendment No. 6 in the near future for the balance of the structural steel, which is anticipated to be approximately $10,000,000.00 more. Amendment No. 5 to the construction manager at risk contract with Hunt/Byrne/Smith, a joint venture, in the amount up to $7,000,000.00, for a total contract value of $109,175,386.00. 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 Administrative Costs (Staff Time, ITS, AV, Security, Public Art, Utilities, FF&E, Moving Costs, Contingencies) $109,175,386.00I $5,797,083.31 TOTAL $161,009,983.54 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). 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 to $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 Special Tax Rev Bnd Serie 2025B Fund for the Culture & Tourism Department for the purpose of funding the ARPA FWCC Expansion & Prj Mgmt project, as appropriated. This M&C authorizes $7,000,000.00 of the current total project budget of $161,009,983.54. 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 Culture & Tourism Departments have the responsibility to validate the availability of funds. Docusign Envelope ID: 48D09B19-F7FE-8C5F-8351-630E2E62112B Submitted Tor city manager's Unice W. Valerie Wasnington 6199 Originating Business Unit Head: Marilyn Marvin 7708 Additional Information Contact: Brian R. Glass 8088 T 4n CletaiL File -#: MC 260468 Version: 1 Type: Award of Contract Consent Title: (ALL) Authorize Execution of Amendment No. 5 to the Construction Manager at Risk Contract with Hunt/Byrne/Smith, a Joint Venture, for the Convention Center, in an Amount Up to $7,000,000.00, for a Total Contract Value of $109,175,386.00 Mover: Seconder: Result: Agenda note: Minutes note: Action: Approved Action text: Approved, Votes (0:0) 0 records Person Name Vote No records to disr)lay.