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HomeMy WebLinkAboutContract 46124 (3)� � �, ; , - , i i� .; � �.'�. r �� _ - DESIGN PROCUREMENT AGREEMENT Cattle Barn 2. Milkin� Parlor and Tower Drive STATE OF TEXAS 0 City Secretary Contract No. COUNTY OF TARRANT � THIS AGREEMENT, entered into the �- day of �� �' ;'2014 by and between the City of Fort Worth ("City"), a Texas home-rule municipal corporation acting herein by and through Susan Alanis, its duly authorized Assistant City Manager, and Event Facilities Fort Worth, Inc. ("EFFW"), a Texas non-profit corporation an independent contractor, acting by and through Mike Groomer, its duly authorized President and CEO. City and EFFW may be referred to herein individually as a Party, or collectively as the Parties. WHEREAS, the City desires to have EFFW provide certain professional services related to improvements of Cattle Barn 2, relocation of the Milking Parlor and Tower Drive enhancements, located at the Will Rogers Memorial Complex ("WRMC"), including retaining an architect and other professional disciplines (by direct or by subcontract) including but not limited to engineering services, surveyors, landscape architects, project management professionals, and geotechnical consultants for the design of structural, mechanical, utility, road, drainage, landscape , Audio/Visual, and Furniture, Fixtures & Equipment systems necessary for renovations to Cattle Barn 2, Milking Parlor and Tower Drive which are located on City owned property at the Will Rogers Memorial Complex; and WHEREAS, EFFW has ageed to provide or obtain such services in support of the WRMC campus and the various events and activities which occur at the campus throughout the year, including the Fort Worth Stock Show; and WHEREAS, certain amounts of money in support of this effort have been and continue to be spent on behalf of the project by EFFW; and WHEREAS, the City has agreed to reimburse EFFW for a portion of the costs incurred by EFFW in providing or obtaining such services. NOW, THEREFORE, for and in consideration of mutual covenants and agreements herein contained, the Parties hereto mutually agree as follows: AGREEMENT 1 Responsibilities. 1.1 EFFW. EFFW, as an independent contractor, will participate in the design effort which will provide the schematic design, architectural/engineering design, geotechnical services, and construction documents with cost estimates (the "Des'� ervices") as � � ��NI��G�i�: i;3��:���� R E C E I V E D NOW �- 6�01� �g�� �,�����'A6��' RE��IV�� N�V � 3`�014 � �'�'o�l��'�'�q�� reasonably necessary for the City to construct the proposed Cattle Barn 2, relocation of a Milking Parlor and Tower Drive enhancements (the "Project"), to be constructed on City property in the cultural district by the City to serve the WRMC campus. Said Design Services to be based on specifications acceptable to the City. EFFW will not be required by the terms of this Agreement to provide any services (including, without limitation, construction administration, project management, ar other similar services) in connection with the actual construction of the Project. 1.1.1 Cost Participation. City agrees to reimburse EFFW its portion of the cost of procurement of the Design Services. City's reimbursement of EFFW for said Design Services shall be based on actual costs; however this amount shall not exceed Five Hundred Ten Thousand Dollars ($510,000.00). 1.1.2 Schedule. Within thirty (30) days of executing this Agreement, EFFW shall provide to the City certain deliverables as described herein. Said deliverables shall be subject to City's review and approval. 1.1.3 EFFW's Contractors Subcontractors Professional Service Providers. In order to fulfill its obligations hereunder, EFFW shall contract with such design professionals as are appropriate and necessary for the provision of the Design Services. 1.1.4 Consultation with Citv. EFFW shall consult with the City to clarify and define City's requirements relative to the project and review available data. 1.1.5 Citv Approval Required. City shall have the ultimate right to approve or disapprove the deliverables contemplated by this Agreement. In no event shall the City be required to accept, use, or implement any deliverable, nor shall the City be required to construct the Project. 1.1.6 Adequate Personnel. EFFW agrees to commit the personnel to the project as necessary in order to complete the Design Services in an expeditious manner. 1.1.7 Minimum Requirements of EFFW's Architect. EFFW shall contractually require the following from its architect ("ArchitecY'): (a) Construction Documents. Preparation of details, mechanical, electrical, and plumbing plans, finishes schedules, detailed technical specifications, and detailed cost estimates. (b) Six Sets of Construction Documents. Architect shall submit six (6) sets of Construction Documents. (c) Format of Drawin�s i. Drawings at all stages of design will have the following characteristics: Scale for floor plans will be 1/8" or such other scale as may be agreed to in writing for all disciplines, elevations will be at same scale as floor plans, area plans will have same scale for all disciplines, and site plans for all disciplines will be at same scale. CFW and EFFW DPA CattleBn-MParlor-T�vrDr FINAL 10-10-14.docx Page 2 of I 1 ii. The Architect shall provide electronic files in PDF or DWF format for posting to the Internet and/or the City's Autodesk Buzzsaw website. iii. The Architect will provide CAD files of all drawings suitable to use on AutoCAD LT or such other operating system as determined by the City. (d) Elimination of Architectural Barriers. Architect, at its sole cost and expense, shall engage a consultant to prepare "Elimination of Architectural Barriers Registration" and submit the applications to the Texas Department of Licensing and Regulation ("TDLR") if required. The City will pay all fees required for TDLR reviews and inspections. All designs shall be in conformance with the Elimination of Barriers Act, State of Texas, City of Fort Worth Codes and the Americans with Disabilities Accessibility Guidelines for Facilities. (e) Miti�ation of Environmental Imnact. The Architect shall include reasonable procedures for mitigating environmental impact, use of recycled building materials, sustainable construction, and a building-cominissioning program in the design of the project. (� Estimates of Probable Construction Cost Submittals. A cost consultant shall subinit an estimate of probable construction cost to EFFW, who shall submit same to City. (g) Final Design / Changes. Upon approval of the final design, the Architect shall make whatever final changes are necessary and submit the drawings and technical specifications to EFFW, who shall submit same to City for use in bidding. 1.1.8 Consistent with Construction Bud�. EFFW shall provide/procure a portion of the services contemplated by this Agreement in a manner consistent with the City's not-to- exceed construction budget/funding of $11.0 Million (Base Proposal without Add Alternates) ("Construction Budget"). Both parties acknowledge that one or more items requested by the City and included may be bid as "add alternates", however, the cost estimates provided under this agreement shall not include an estimate of probable cost for these items (if any). 1.1.9 Value Engineering. EFFW shall inform the City in writing of the probable construction cost at the completion of the Design Services. Should EFFW at any time during the design process believe that the building requirements and specifications will cause the Construction Budget to be exceeded, EFFW shall notify the City in a timely manner of the requirement for a revised Construction Budget. The City shall have twenty (20) business days within which to approve or disapprove the request. The City's approval will not be unreasonably withheld. The failure to respond within twenty (20) business days will be deemed to be approval. Any disapproval shall be in writing and shall describe in reasonable detail the reason for the disapproval. A$er approval by both parties, any revision, modification, or amendment if necessary to the specifications shali be delivered to the designers for incorporation into the plans. 1.1.10 Construction Budget Exceeded. If the Construction Budget is exceeded by the lowest bona fide bid, the City may (1) award the contract, (2) abandon the project, (3) revise the Construction Budget, or (4) 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 CFW and EFFW DPA CattleBn-MParlor-TwrDr FINAL 10-10-14.docx Page 3 of 1 I abandons the project, the City may terminate this Agreement upon payment to EFFW as per Section 2 below. 1.1.11 EFFW's Selection of Professional Service Providers. EFFW shall select professional service providers based upon the provider's demonstrated competence and qualifications to perform the work and procure all professional engineering and/or architectural services in accordance with applicable laws, including but not necessarily limited to, Title 6 of the Texas Occupations Code. It is acknowledged that Hahnfeld Hoffer Stanford have been selected as the Architect, CMJ Engineering, Inc. as the Geotechnical Engineer, and The Projects Group for the preliminary phase of project management services. The City acknowledges that the foregoing participants are acceptable pursuant to this section. 1.1.12 Cooperation with Citv-Selected Artist for Public Art Desi�. EFFW and its Architect acknowledge that public art may be required for the project and, based on this assumption, wiil accommodate within their respective roles, the artist(s) selected by the City (if any). 1.1.13 EFFW's Role in Zoning and Platting. EFFW shall have no role or responsibility to secure any zoning, platting variances (except as maybe included in the design phase of the improvements), encroachment agreements, easements, or waivers of any nature as part of this agreement. 1.2 Citv. 1.2.1 Cooperation. designate a project. City will provide criteria and information as to City's requirements and person with authority to act on City's behalf on matters concerning the 1.2.2 City's Proiect Mana ement. The City Manager's Office will determine and provide the make-up of the City's Project Management team. . 1.2.3 Assistance with Existing Data. City will assist EFFW, as requested by EFFW, in obtaining existing studies, reports and other available data and services of others pertinent to the project and in obtaining additional reports and data as reported. 1.2.4 Entrance onto PropertX. Upon reasonable notice, City will arrange for access to and make all provisions for EFFW to enter upon public and private property as may be required for its design professionals to perform services hereunder. 1.2.5 Review. City will review all reports, recommendations and other documents and provide written decisions pertaining thereto within a reasonable time if required. 1.2.6 Examination. City may examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by EFFW, obtain advice of an attorney, insurance counselor and other design professionals as it deems appropriate for such CFW and EFFW DPA CattleBn-MParlor-TwrDr FINAL 10-10-14.docx Page 4 of I 1 � q p examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay EFFW's services if required. 1.2.7 Project Manual Requirements. City will provide "front end", including Division 1 requirements, for use in assembling the Project Manual. EFFW shall cause the Architect to upload the electronic version of the completed design documents into the City's Buzzsaw bidding site on the internet. 1.2.8 Construction Phase. City will manage the advertisement and bidding for the construction, issue addenda, distribute bid documents, and award the construction contract. In addition, City will administer the construction contract and provide inspection and management services. 2 Reimbursement. 2.1 EFFW shall be reimbursed an amount based on actual costs incurred and invoiced by the design professionals; however that amount will not exceed $510,000.00 for the services set forth in Section 1 above. A final reimburseinent shall be made at the completion and submission of the final Construction Documents and submission of the final invoice. 2.2 Additional Services. If at any time in the course of this Agreement, the City expands the scope of services, or EFFW believes the City has requested services that are beyond the scope of this Agreement, EFFW shall submit a proposal for additional reimbursement and a written agreement amending this Agreement shall be reached on said proposal prior to EFFW proceeding with the work considered to be beyond the scope of this Agreement. EFFW shall not perform any additional services without a written agreement with City. Any such additional services provided prior to reaching an agreement on additional reimbursement will be non-compensable. 3 Work Product. All drawings, specifications, documents and other work product, including those in electronic form that are generated through the performance of the Services contemplated by this Agreement and all rights of ownership therein, whether common law, statutory or other rights thereto, including all copyrights and trademarks where applicable (collectively the "Work ProducY') shall be and remain the property of EFFW and/or the Architect as provided by agreement between EFFW and the Architect. Contingent upon payment in accordance with Section 2 above, the City is hereby granted an irrevocable perpetual but non-exclusive license to use and duplicate the Work Product for the purposes of constructing, maintaining, modifying, reconstructing, or demolishing the Project. EFFW will cause the Architect to execute any documents that may be required to provide for such license. All designs, drawings, specifications, documents, and other Work Product, whether in hard copy or in electronic form, are instruments of service for the Project, whether the Project is completed or not. Reuse, change, or alteration by the City or by others acting through or on behalf of the City of any such instruments of service without the written permission of the Architect and EFFW will be at the City's sole risk. CFW and EFFW DPA CattleBn-MParlor-TwrDr FINAL 10-10-14.docx Page 5 of 11 4 Independent Contractor. EFFW shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. EFFW shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, architects, engineers, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and EFFW, its officers, agents, employees, architects, engineers, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and EFFW. 5 Professional Competence, Indemnification, and Limitation of LiabilitX. 5.1 Professional Competence. All work performed/obtained by EFFW shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of EFFW or its officers, agents, employees, architects, engineers, contractors and subcontractors for the accuracy and competency of its services performed hereunder. 5.2 Limitation of Liabilitv. EFFW shall not be liable for any special, indirect, incidental, consequential, punitive or exemplary damages, including, but not limited to, lost profits. 5.3 Approval by the Citv Not a Release. Approval by the City of documents shall not constitute or be deemed to be a release of the responsibility and liability of EFFW, its architect, engineer, officers, agents, employees, contractors and subcontractors, for the accuracy and competency of the services performed under this Agreement, including but not limited to surveys, location of subsurface investigations, designs, working drawings and specifications and other engineering documents. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any negligent act, error or omission in the conduct or preparation of the subsurface investigations, surveys, designs, working drawings and specifications and other engineering documents by EFFW, its architect, engineer, officers, agents, employees, contractors and subcontractors, it being the intent of the parties that approval by the City signifies the City's approval of only the general design concept of the improvements to be constructed. 6 Insurance. EFFW will cause the Architect and Engineer to fulfill the following insurance requirements: Professional Liability $2,000,000 each claim $2,000,000 aggregate Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate CFW and EFFW DPA CattleBn-MParlor-TwrDr FINAL 10-10-14.docx Page 6 of 11 Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Additional Insurance Requirements a. Except for employer's liability insurance coverage under the Architect's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on EFFW's insurance policies. b. Certificates of insurance shall be delivered to the Public Events Department, attention: Betty Tanner, 1000 Throckmorton St., Fort Worth, TX 76102, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days' notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days' notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Warkers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. g. City shall not be responsible for the direct payment of insurance premium costs for EFFW's insurance. h. Insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. CFW and EFFW DPA CattleBn-MParlor-TwrDr FINAL 10-10-14.docx Page 7 of 11 i. In the course of the Agreement, EFFW shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. j. Liability shall not be limited to the specified amounts of insurance required herein. k. Upon the request of City, EFFW shall obtain from the design professionals and provide to the City complete copies of all insurance policies required by this Agreement. 7 Transfer or Assi�nment. No Party shall assign this Agreement or any of the rights or responsibilities hereunder without prior written approval of the other Party. City and EFFW each bind themselves, and their lawful successors and assigns, to this Agreement. EFFW, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. 8 Termination. City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or EFFW for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently completes the correction thereafter. If City chooses to terminate this Agreement under this Section, upon receipt of notice of termination, EFFW shall discontinue services rendered up to the date of such termination and City shall compensate EFFW based upon Section 2 hereof. 9 Right to Audit. EFFW agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of EFFW involving transactions relating to this Agreement. EFFW agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give EFFW reasonable advance notice of intended audits. EFFW agrees to photocopy such documents as may be requested by the City. The City agrees to reimburse EFFW for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 10 Observe and Comply. EFFW shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws, ordinances, and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. 11 Venue and Jurisdiction. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. CFW and EFFW DPA CattleBn-MParlor-TwrDr FINAL 10-10-14.docx Page 8 of 11 � 12 No Waiver of Iinmunitv. It is expressly understood and agreed that, in the execution of this Agreement, the City does not waive, nor shall it be deemed to waive, any immunity or defense that would otherwise be available to it. 13 Contract Construction. The Parties acknowledge that each Party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the nortnal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 14 No Third Partv Beneficiaries. This Agreement shall inure only to the benefit of the Parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each Party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. 15 Entire Agreement. This Agreement constitutes the entire agreement between Parties with respect to the subject matter of this Agreement and supersedes all prior oral or written agreements. No amendment of this Agreement shall be effective unless agreed to in writing by all Parties. 16 Authoritv. Each Party represents that it has full authority to enter into this Agreement, grant the rights and benefits herein described, and satisfy the obligations hereunder, without violating the rights of any third parties or breaching any agreements with third parties. 17 Counterparts. The Agreement may be executed in any number of counterparts, each of which shall constitute an original. 18 Severabilitv. The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. 19 Notices. Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Susan Alanis, Assistant City Manager 1000 Throckmorton Street Fort Worth, Texas 76102 CFW and EFFW DPA CattleBn-MParlor-TwrDr FINAL 10-10-14.docx Page 9 of 11 Event Facilities Fort Worth, Inc. Attn: Mike Groomer, CEO & President 115 West 2nd Street, Suite 210 Fort Worth, Texas 76102 20 Headin�s. The headings contained herein are for the convenience of reference and are not intended to define or limit the scope of any provision of this Agreement. 21 Counterparts. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. (Signature Page to Follow) CFW and EFFW DPA CattleBn-MParlor-TwrDr FINAL 10-10-14.docx Page 10 of 11 IN WITNESS THEREOF, the Parties have made and executed this Agreement in multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH: } ' '�� Sus ' anis Assistant City Manager Date: �� f 31 I� f� RECOMMENDED BY: � � �� Kirk N. Slaughter Director of Public Events EVENT FAC CEO & President Date: APPROVED AS TO FORM AND LEGALITY: �s Douglas W Black Assistant City Attorney Date: )�/���� ATTEST: > AGREEMENT AUTHORIZATION: (r . ' �/" � V I M&C: � d Date approved: �- >' fR_ �, � � �� _., .,,��� � ; �` ,, , .,, �; � - . . _ - .rr� CFW and EFFW DPA CattleBn-MParlor-TwrDr FINAL 10-10-14.docx FORT WORTH, 1NC. :� �� � � � � ,,, . f Pi W�t � . � Date City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, September 23, 2014 LOG NAME: 25WRMCTOWERDRIVE/CATTLEBARN2 SUBJECT: REFERENCE NO.: C-27013 Authorize Execution of a Construction Contract with Sedalco, Inc., in the Amount Not to Exceed $11,800,966.00, Authorize Execution of a Construction Administration Services Agreement with Hahnfeld Hoffer Stanford in the Amount of $275,699.00 Plus Reimbursable Expenses Not to Exceed $10,000.00, Authorize Execution of a Materials Testing Agreement with CMJ Engineering, Inc., in the Amount Not to Exceed $75,000.00, Authorize Execution of a Design Procurement Agreement with Event Facilities Fort Worth, Inc., in the Amount of $510,000.00 and Provide for City Expenses for Information Technology Services, Furnishings, Fixtures and Equipment, Contingency and Staff Costs in the Amount of $417,335.00 for a Total Project Amount of $13,079,000.00 for the Tower Drive/Cattle Barn 2 Renovation at Will Rogers Memorial Center and Adopt Appropriation and Supplemental Appropriation Ordinances (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing supplemental appropriations in the Culture and Tourism Fund in the amount of $3,300,000.00 and decreasing the assigned Culture and Tourism fund balance by the same amount; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Culture and Tourism Fund in the amount of $705,000.00; 3. Authorize a transfer from the Culture & Tourism Fund to the Public Events Capital Projects Fund in the amount of $4,005,000.00; 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Public Events Capital Projects Fund in the amount of $4,079,000.00 which includes $74,000.00 in earned interest; 5. Authorize the execution of a construction contract with Sedalco, Inc., in the amount not to exceed $11,800,966.00 for construction of the Tower Drive/Cattle Barn 2 Renovations at Will Rogers Memorial Center; 6. Authorize a Construction Administration Services Agreement with Hahnfeld Hoffer Stanford in the amount of $265,699.00 plus reimbursable expenses not to exceed $10,000.00 for construction oversight of the Tower Drive/Cattle Barn 2 Renovations at Will Rogers Memorial Center; 7. Authorize the execution of a Materials Testing Agreement with CMJ Engineering, Inc., in the amount not to exceed $75,000.00 for the Tower Drive/Cattle Barn 2 Renovations at Will Rogers Memorial Center; and Logname: 25WRMCTOWERDRIVE/CATTLEBARN2 Page 1 of 4 8. Authorize the execution of a Design Procurement Agreement with Event Facilities Fort Worth, Inc., in the amount of $510,000.00 for procurement of design services for the Tower Drive/Cattle Barn 2 Renovations at Will Rogers Memorial Center. DISCUSSION: The Tower Drive/Cattle Barn 2 Renovation project was jointly planned by the City, the Fort Worth Stock Show and Event Facilities Fort Worth, Inc., and will include a covered promenade that provides access from the parking on the southern part at the Will Rogers Memorial Center (WRMC) complex to the central part of the complex to improve visitor and participant circulation and accessibility within the WRMC and provide a much needed renovation of Cattle Barn 2 including updating and relocating the Milking Parlor. On July 16, 2013, (M&C G-17937) the City Council adopted Ordinance No. 20806-07-2013 providing notice of its intent to issue Certificates of Obligation (CO) in the amount not to exceed $13,000,000.00 and authorized this amount to be used for improvements to the Will Rogers Memorial Center. The COs in the amount of $11,000,000.00 were sold on August 22, 2013. On September 17, 2013, (M&C G-18007) the City Council appropriated the proceeds of the COs, Series 2013B for funding the project. Of the $11,000,000.00 COs sold, the amount of $9,000,000.00 was designated for the Tower Drive/Cattle Barn 2 Project and the amount of $2,000,000.00 was designated for the Multi-Purpose Pavilion Project. As was explained on January 28, 2014, (M&C C-26656) the Tower Drive/Cattle Barn 2 Project was removed from the combined Multi-Purpose Pavilion scope so that further refinements in design and planning could be completed. The Tower Drive/Cattle Barn 2 project was advertised in the Fort Worth Star-Teleqram on May 29, 2014 and June 5, 2014. On June 26, 2014, nine Offerors submitted proposals and on July 3, 2014 eight of the nine Offerors submitted the required Post Proposal-PreAward documents. The following nine proposals were received (base proposal and Alternate Nos. 1A and 2): 3i Construction, LLC Ratcliff Constructors, LP Sedalco, Inc. Thos. S. Byrne, Ltd. d/b/a Byrne Construction Services Reeder General Contractors, Inc. Tradeco-Basecom JV Imperial Construction, Inc. Steele & Freeman, Inc. SpawGlass Contractors, Inc. $ 9,920,179.00 $10,692,273.00 $11,069,596.00 $11,127,342.00 $11,497,000.00 $11,432,854.00 $11,658,305.00 $11,982,000.00 $12,107,808.00 On July 16, 2014, the Best Value Selection Committee met and addressed the eight proposals. The committee members included representatives from the Public Events Department, M/WBE Office, project's design architect and Transportation and Public Works Department. The eight Offerors were evaluated and ranked as follows: Logname: 25 WRMCTO WERDRIVE/CATTLEBARN2 Page 2 of 4 PROPOSERS: 3i Construction LLC Ratcliff Constructors, LP Sedalco, Inc. Byrne Construction Service Reeder General Contractors, Inc. Tradeco-Basecom JV Imperial Construction, Inc. SpawGlass Contractors, Inc. Price (0-50) 50 46 44 44 Schedule (0) 0 0 0 0 42 0 42 0 41 0 39 0 MBE (0-10) 2.5 3 6 3 Experience and Reputation (0-20) 5 10 18 10 3 10 0 5 2 10 7 10 Relationship with City (0-20) 10 14 10 14 10 10 13 10 TOTAL 67.5 73 78 71 RANK 4 2 1 3 65 7 57 8 66 5T 66 5T Based on a weighted matrix including price, schedule, MBE participation, reputation and experience, Sedalco, Inc., was determined to offer the best value for the City. As authorized by the Competitive Sealed Proposals, Best Value delivery method that this project was advertised, the committee members and representatives of the Southwestern Exposition and Livestock Show and Event Facilities Fort Worth met several times with Sedalco, Inc., to Value Engineer the project. The final Agreement is in the overall project cost below. The overall project cost is expected to be: Design Reimbursement Construction Administration Construction Materials Testing ITS, FF&E, Contingency, Staff Tota I 0 E 510, 000.00 275, 699.00 $11,800,966.00 $ 75,000.00 $ 417, 335.00 $13,079,000.00 The construction contract in the amount not to exceed $11,800,966.00 is based on the base proposal, Alternate Nos. 1 B, 2, and 5, additional fire sprinkler system requirement, Value Engineer items and general contingency allowance for use by the City only (any remaining allowance at the end of construction will be retained by the City). Sedalco, Inc., is in compliance with the City's BDE Ordinance by committing to 35 percent MBE participation on the base bid plus identified alternates. The City's goal for this project is 27 percent. Logname: 25WRMCTOWERDRIVE/CATTLEBARN2 Page 3 of 4 Hahnfeld Hoffer Stanford is in compliance with the City's BDE Ordinance by committing to 22 percent SBE participation. The City's goal for this project is 9 percent. CMJ Engineering, Inc., is in compliance with the City's BDE Ordinance by committing to 15 percent SBE participation. The City's goal for this project is 10 percent. FISCAL {NFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached supplemental appropriation ordinance and appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Culture and Tourism Fund and the current capital budget, as appropriated, of the Public Events Capital Projects Fund. Upon approval, the assigned fund balance of the Culture and Tourism Fund will exceed the minimum reserve, as outlined in the Financial Management Policy Statements. FUND CENTERS: TO Fund/AccountlCenters 1) GG04 538040 0241000 2) GG04 412062 0241000 2) GG04 538040 0241000 3&41C234 476004 2470602374XX 3&4)C234 476004 2070602374XX 4)C234 441012 2470602374XX 3&4)C234 541200 247060237480 3&4jC234 511080 207060237480 CERTIFICATIONS: FROM Fund/Account/Centers $3,300,000.00 3) GG04 538040 0241000 705,000.00 5) C234 541200 247060237480 $705,000.00 6) C234 531200 247060237430 $3,915,000.00 7) C234 531060 247060237480 $90,000.00 8) C234 531200 247060237430 $74,000.00 $3,989,000.00 $90,000.00 Submitted for Citv Manager's Office bv: Originating Department Head: Additional Information Contact: Susan Alanis (8180) Kirk Slaughter (2501) Kirk Slaughter (2501) ATTACHMENTS 1. 25WRMCTOWERDRIVE CATTLEBARN2 C234 A014.doc (Public) 2. 25WRMCTC3WERDR(VE CATTLEBRRN2 GG04 A014.doc (Public) 3. 25WRMCTOWERDRIVE CATTLEBARN2 GG04 SUPP A014.docx (Public) 4. C234 Funds Verification.docx (CFW Internal) 5. FAR 485413 for Cattle Barn #2 02374.pdf (CFW Internal) 6. WRMC Tower DiveCattle Barn 2 Sedalco MBE Compliance 2Sep14.pdf (CFW Internal) 7. WRMC Tower DriveCattle Barn 2 CA SBE Compliance.pdf (CFW Internal) 8. WRMC Tower DriveCattle Barn 2 CMJ Engr SBE Compliance.pdf (CFW Internal) $4,005,000.00 :�� •.. �� $275,699.00 $75,000.00 $510,000.00 Logname: 25WRMCTOWERDRIVE/CATTLEBARN2 Page 4 of 4