HomeMy WebLinkAboutOrdinance 23419-09-2018 Ordinance No.23419-09-2018
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE
VENUE CAPITAL PROJECT FUND IN THE AMOUNT OF$650,000.00, FROM AVAILABLE
FUNDS, FOR THE CATTLE BARN VENUE PROJECT; PROVIDING FOR A
SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2017-2018 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Venue
Capital Project Fund in the amount of$650,000.00, from available funds, for the Cattle Barn Venue project.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void
for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair
the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall
be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance 22928-09-2017 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of
said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY
ssistant City Atta ey Mar J. Kay er
ADOPTED AND EFFECTIVE: September 25, 2018
Event Facilities Fort Worth, Inc.
115 West 2"1 Street,Suite 210,Fort Worth,Texas 76102
Phone 817-717-4260
September 14,2018
Susan Alanis, Assistant City Manager
Cit)Lof Fort Wort200
200 Texas Street
Fort Worth,Texas 76102
Re: Will Rogers Memorial Center(Harley Street)Fence
Dear Susan,
This letter is to confirm the commitment by Event Facilities Fort Worth to participate with the City of Fort Worth
and with the Fort Worth Stock Show and Rodeo(as a supporting organization) in the funding of the next phase of
the WRMC fence along Harley Avenue. This commitment is based upon the understanding an appropriate City
change order to the current Cattle Barn renovation contract will be issued to Sedalco Construction which includes
any remaining balances including project contingencies. EFFW will commit to providing any construction related
cost shortfall to assure that the project is complete.
In addition, EFFW engaged Hahnfeld-Hoffer-Standford Architects to provide the design of the project. This
design has been submitted to the City for permitting and has been approved. EFFW already incurred $44,810.00
for the Harley-fence design. In the past EFFW(in support of the FWSSR)and working with the WRMC staff has
provided planning and design funds for identified projects for WRMC improvements, which has allowed the City
the opportunity to plan for long term capital projects at WRMC. While the past practice has been for the City to
reimburse EFFW the actual cost for these designs when those respective projects are funded(which EFFW has
reinvested into the design of additional WRMC projects), I am offering the design cost of$44,810 to the fence
project without reimbursement but rather in the form of a credit against the land-swap/dirt storage agreement
between EFFW and the City. I understand that there is a current balance on the "debt"of approximately
$302,886. A credit of all funds provided by EFFW as proposed in the change order agreement to cover any
balance remaining for the WRMC fence would also be applied in the form of a credit against this land-swap/dirt
storage balance. If the city determines that the dirt storage facility which was constructed to address future needs,
is useful the issue can be revisited. In the interim,EFFW will continue to work to support the WRMC and
Dickies Arena in our role as a supporting organization of the Fort Worth Stock Show and Rodeo.
Should you have any questions,please do not hesitate to contact me.
Sincerely,
4Mikemer
President and CEO
cc. Matt Carter
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/26/2018 - Ordinance No. 23419-09-2418
DATE: Tuesday, September 25, 2018 REFERENCE NO.: **C-28861
LOG NAME: 21 WRMC CATTLE BARN 1 & POULTRY BARN - CHANGE ORDER 1
SUBJECT:
Authorize Execution of Change Order to Agreement with Sedalco, Inc., in the Amount of$516,475.00 to
Construct an Ornamental Fence Along the Southern Boundary of the Will Rogers Memorial Center
Campus, Increasing the Total Contract Amount to $14,767,961.00, a 3.65 Percent Increase; Authorize
Execution of Amendment to Agreement with Hahnfeld Hoffer& Stanford, LLC in the Amount of$6,508.00
to Provide Construction Administration Services for the Fence Project, Increasing Total Contract Amount to
$302,508.00; Authorize Agreement in the Amount of Up to $650,000.00 with Event Facilities Fort Worth,
Inc. for Costs of the Fence Project and Offsetting of Outstanding Land Swap Balance; Authorize Street and
Sidewalk Closures for Project, Authorize Transfer of$650,000.00 to Initially Fund the Project; and Adopt
Appropriation Ordinance (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of$650,000.00 of available appropriated funds from the Culture and Tourism
Project Finance Zone Fund to the Culture and Tourism Venue Capital Project Fund to provide interim
financing for an ornamental fence (the "Fence Project") along the southern boundary of the Will Rogers
Memorial Center campus ("WRMC");
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Culture and Tourism Venue Capital Project Fund in the amount of$650,000.00, from transferred funds, as
interim financing for the Fence Project;
3. Authorize Execution of Change Order No. 2 to City Secretary Contract No. 50166 with Sedalco,
Inc., d/b/a Sedalco Construction Services ("Sedalco"), in the amount of$516,475.00 to construct the
Fence Project;
4. Authorize execution of Amendment No. 2 to City Secretary Contract No. 50380 in the amount of
$6,508.00 with Hahnfeld Hoffer Stanford, LLC ("Hahnfeld"), for additional construction administration
services for the Fence Project;
5. Authorize Street and Sidewalk Closures necessary to allow construction and waive any City fees
associated with the Fence Project, consistent with authority granted in M&C C-28021; and
6. Authorize execution of an agreement with Events Facilities Fort Worth, Inc. ("EFFW") to provide for
up to $650,000.00 of the cost of the Fence Project with each dollar paid or provided by EFFW toward the
Fence Project reducing its outstanding land-swap balance of$302,886.30.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to take actions associated with
Logname: 21 WRMC CATTLE BARN 1 POULTRY BARN - CHANGE ORDER 1 Page 1 of 4
construction of an ornamental fence project on the campus of WRMC adjacent to the Dickies Arena, with
initial funding for the project being provided by the City and with EFFW paying the costs of the project in
excess of whatever balance remains following completion of the pending Cattle Barn 1 project.
Cattle Barn 1 Prosect
On June 6, 2017, the City Council authorized the sale of venue-tax-backed revenue bonds for the purpose
of paying the City's portion of the costs of constructing the new Multi-Purpose Dickies Arena (the "Arena")
and to pay for other adjacent support facility improvements, with approximately $15,600,000.00 of the
bond proceeds allocated to the Cattle Barn 1 and Poultry Barn Renovations (the "Cattle Barn Project")
(M&C G-19020).
On December 5, 2017 (M&C C-28256), the City Council authorized execution of a Construction Manager
at Risk Contract (City Secretary Contract No. 50166) with Sedalco in the amount of$14,248,486.00 for the
Cattle Barn Project. Change Order No.1 to the Cattle Barn Project was proposed but never executed.
Change Order No. 2, in the amount of$516,475.00, will increase the total contract amount to
$14,767,961.00, a 3.65% increase, to construct the Fence Project. This project will continue the extension
of the ornamental fence that surrounds much of the WRMC and will eliminate the current chain link fence
in the same area across the street from the Arena.
On January 30, 2018 (M&C C-28559), City Council authorized execution of a Professional Services
Agreement (City Secretary Contract No. 50380) with Hahnfeld in the amount of$291,000.00 to provide
construction administration services for the Will Rogers Memorial Center Cattle Barn 1 and Poultry Barn
Renovations. Amendment No. 1 was administratively executed increasing the total contract amount to
$296,000.00. Amendment No. 2, in the amount of$6,508.00, will increase the total contract amount to
$302,508.00 and provide the required construction administration services for the Fence Project. EFFW
had separately engaged Hahnfeld to provide the architectural design and construction documents for the
Fence Project at a cost of$44,810.00.
On February 21, 2018, Staff administratively executed a Professional Services Agreement (City Secretary
Contract No. 50311) with CMJ Engineering, Inc., in the amount of$66,900.50 to provide materials testing
associated with the Cattle Barn Project. Amendment No. 1 will be administratively executed to provide the
required additional materials testing for the Fence Project.
The overall adjusted project cost is below:
CATTLE BARN 1 and POULTRY BARN RENOVATIONS TOTALS
Architectural and Engineering Design $ 901,514.00:
Design Change Order#2
Design Phase Total $ 901,514.00
CMAR Preconsf
ruction Services $10.00
Construction Contract Budget including 4.5 percent CMAR Fee and $248,486.00 Owner's Construction $14,248,486.00
Allowance
Project Administration Cost: Site Utilities, Material Testing, IT, Security, Project Management, Contingency,
,FFE, Etc. $ 849,990.00!
;Construction Change Order#2
Construction Phase Total $15,198,486.00!
PROJECT TOTAL
$16,100,000.00
Competitive Bidding: Because the Cattle Barn Project and the Fence Project are part of a venue project
funded from the proceeds of venue-tax-backed debt, competitive procurement laws do not apply per the
exemption in Section 334.041(e) of the Texas Local Government Code.
Logname: 21 WRMC CATTLE BARN 1 POULTRY BARN - CHANGE ORDER 1 Page 2 of 4
M/WBE OFFICE: Sedalco is in compliance with the City's BDE Ordinance by committing to an overall 29%
MBE participation on this project inclusive of Change Order No. 2.
In accordance with Chapter 7, Article III, Section 7-47, Section 109.2.1 of the City Code, Building, Trade
Permit and Urban Forestry Fees are waived for this project.
Funding
Initial funding for the Fence Project will be provided by a transfer in the amount of$650,000.00 from the
Culture & Tourism Project Finance Zone Fund ("PFZ") to the Venue Project. To the extent any residual
bond proceeds are left after the core Cattle Barn Project has been completed, those proceeds will be
allocated toward the cost of the Fence Project. If there are bond proceeds remaining after the allocations
to the Fence Project, these funds will be retained by the City and used to pay debt service on the existing
debt as authorized in M&C C-28498, approved on December 5, 2017. To the extent residual bond
proceeds are insufficient to pay for the Fence Project and repay the PFZ, EFFW has agreed to provide a
cash reimbursement to the City for the costs of the Fence Project, with the amount that is reimbursed also
serving to reduce a credit owed by EFFW for a previous land swap as detailed below. The Stock Show,
which is sharing the cost of debt service on the Cattle Barn Project, has consented in writing to this use of
any remaining funds in the Cattle Barn Project. Upon completion of the fence and repayment of any
excess costs by EFFW, the funds used for interim financing will be returned to the Project Financing Zone
Fund.
On May 21, 2014, the City and EFFW entered into an Exchange Contract CSC No. 45622-EX, in which
the City conveyed to EFFW a remainder tract from a parcel acquired for the Chisholm Trail Parkway
project ("Chisholm Tract") and EFFW agreed to pay the cost of the City to acquire a tract of land on Bryce
Avenue near Montgomery Street ("Bryce Tract") to be incorporated into use for the WRMC. Because the
value of the Chisholm Tract was greater than the value of the Bryce Tract, additional consideration was
owed by EFFW to the City in the amount of$397,544.00 (the "Credit").
On August 15, 2017, M&C L-16061 ratified the purchase with EFFW for right-of-way acquisition and an
easement along Montgomery Street in exchange for a reduction in the Credit (CSC No. 45622-EX). The
reduction of the Credit was $94,667.70, bringing the remaining consideration of the Credit to $302,886.30,
less the City's closing costs (escrow fees and recording costs).
Pursuant to a letter from EFFW dated September 14, 2018 to the City, EFFW confirms its commitment to
fund the Fence Project and informed the City that EFFW has incurred $44,810.00 for design of the Fence
Project with Hahnfeld. Rather than reimburse the engineering costs in cash, EFFW proposed that the
Credit balance of$302,886.30 be reduced by the amount of that expense. In the letter EFFW also
commits to providing payment for costs of the Fence Project, to the extent residual bond dollars from the
Cattle Barn Project are insufficient, but proposes that the Credit be further reduced on a dollar-for-dollar
basis by the amount EFFW contributes toward the fence costs.
FISCAL INFORMATION/ CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available as appropriated of the Venue Capital Project
Fund. Prior to an expenditure being incurred, the participating department has the responsibility to validate
the availability of funds.
FUND IDENTIFIERS (FIDS):
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Fund Department ccoun Project iProgram ctivity Budget Reference # mound
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Logname: 21 WRMC CATTLE BARN 1 POULTRY BARN - CHANGE ORDER 1 Page 3 of 4
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Steve Cooke (5134)
Additional Information Contact: Brian Glass (8088)
Logname: 21 WRMC CATTLE BARN 1 POULTRY BARN - CHANGE ORDER 1 Page 4 of 4