HomeMy WebLinkAboutContract 46124 (3)� � �,
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DESIGN PROCUREMENT AGREEMENT
Cattle Barn 2. Milkin� Parlor and Tower Drive
STATE OF TEXAS
0
City Secretary Contract No.
COUNTY OF TARRANT
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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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
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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)
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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:
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Sus ' anis
Assistant City Manager
Date: �� f 31 I� f�
RECOMMENDED BY:
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Kirk N. Slaughter
Director of Public Events
EVENT FAC
CEO & President
Date:
APPROVED AS TO FORM AND LEGALITY:
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Douglas W Black
Assistant City Attorney
Date: )�/����
ATTEST: >
AGREEMENT AUTHORIZATION:
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Date approved: �-
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CFW and EFFW DPA CattleBn-MParlor-TwrDr FINAL 10-10-14.docx
FORT WORTH, 1NC.
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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