HomeMy WebLinkAboutContract 61043-A1First Amendment to Master Services Agreement Page 1 of 5
FIRST AMENDMENT TO
MASTER SERVICES AGREEMENT
REGARDING WILL ROGERS MEMORIAL CENTER CAPITAL PROJECTS
This First Amendment to Master Services Agreement Regarding Will Rogers Memorial
Center Capital Projects (“First Amendment”) is made between the City of Fort Worth (“Fort
Worth”) and Event Facilities Fort Worth, Inc. (“EFFW”).
WHEREAS, Fort Worth and EFFW entered into a Master Services Agreement Regarding
Will Rogers Memorial Center Capital Projects identified as Fort Worth City Secretary Contract
No. 61043 (“Agreement”); and
WHEREAS, it is the collective desire of both Fort Worth and EFFW to amend the
Agreement to add additional scope of work and add detail to the budget related to the first project
undertaken pursuant to the Agreement (“Project 1”).
NOW THEREFORE, known by all these present, Fort Worth and EFFW, acting herein by
and through their duly authorized representatives, agree to the following terms, which amend the
Agreement as follows:
1. The Agreement is hereby amended by adding the scope of work for Project 1 under
the Agreement, as detailed on Attachment A attached hereto, as Exhibit A to the Agreement.
2. The first section entitled “AGREEMENT DOCUMENTS” on page 2 of the
Agreement is hereby replaced in its entirety with the following:
AGREEMENT DOCUMENTS
The Agreement documents shall include the following:
1. This Master Services Agreement Regarding Will Rogers
Memorial Center Capital Projects;
2. Exhibit A – Scope of Work for Project 1 under Master
Services Agreement;
3. Exhibit B – Verification of Signature Authority Form; and
4. Exhibit C – Budget for Project 1 under Master Services
Agreement.
Exhibits A, B, and C, which are attached hereto and incorporated herein,
are made a part of this Agreement for all purposes. In the event of any
conflict between the terms and conditions of Exhibits A, B, or C and the
terms and conditions set forth in the body of this Agreement, the terms and
conditions of this Agreement shall control.
3. The Agreement is hereby amended by adding the budget for Project 1 under the
Agreement, as detailed on Attachment B attached hereto, as Exhibit C to the Agreement.
CSC No. 61043-A1
First Amendment to Master Services Agreement Page 2 of 5
4.All other terms, provisions, conditions, covenants and recitals of the Agreement not
expressly amended herein shall remain in full force and effect.
[Signature Page Follows]
First Amendment to Master Services Agreement Page 3 of 5
Executed effective as of the date signed by the Assistant City Manager below.
City:
City of Fort Worth,
a Texas home rule municipal corporation
By: ___________________________
Name: William Johnson
Title: Assistant City Manager
Date: ___________________
EFFW:
Event Facilities Fort Worth, Inc.,
a Texas non-profit corporation
By: ___________________________
Name: Matthew R. Carter
Title: President
Date: ____________________
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By: ______________________________
Name: Michael E. Crum
Title: Director, Public Events
Approved as to Form and Legality:
By: ______________________________
Name: John B. Strong
Title: Assistant City Attorney
Contract Authorization:
M&C: 23-1064
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: Keith A. Chisolm
Title: Capital Projects Manager, Public Events
City Secretary:
By: ______________________________
Name: Jannette Goodall
Title: City Secretary
First Amendment to Master Services Agreement Page 4 of 5
ATTACHMENT A: Scope of Work for Project 1 under Master Services Agreement
The WRMC Coliseum Concourse and Lobby Renovation project (CPN 104227) proposed
renovations to the Coliseum, including new restrooms, restroom renovations, new concessions,
concessions renovations, Coliseum concourse, Coliseum lobby and Tower lobby renovations,
electrical transformer replacements, lighting, acoustic and sound system upgrades, and HVAC
replacement. The proposed scope of work for the Coliseum will be mindful of the future needs for
the existing Auditorium and will work in concert with the current and future needs identified for
the Auditorium.
The City of Fort Worth and EFFW have consolidated the following projects under CPN
104227 as Project 1 under the Master Services Agreement (“Project 1”) as all have a direct impact
on the design and delivery of the WRMC Coliseum Concourse and Lobby Renovation:
Previously Approved Projects:
Concourse/Restroom Renovation (CPN 104227)
Transform Design/Replace (CPN 104371)
2023-2024 Bond Program Projects:
Transformer Relocation (CPN 104371)
Air Handler System Replacement (CPN 104226)
Doors (CPN 105157)
Lighting Modernization (Tranche 2)
Sound System Modernization (Tranche 2)
Concourse Renovation Additional Funding (tranche 2)
The City of Fort Worth and EFFW will endeavor to accomplish as much of the Scope of
Work for Project 1 described above and outlined in the Budget for Project 1 as possible; however,
the parties agree that as the design process progresses, reliable construction estimates are available,
and phasing considerations become known that they will work in good faith to prioritize the
components of the Scope of Work for Project 1 based on the aforementioned factors and reach
consensus on the final Scope of Work for Project 1. Further, the parties agree that the funds
allocated for this Project 1 under the Agreement are fungible and can therefore be reallocated
within the Budget for Project 1 to accommodate the final Scope of Work for Project 1 and/or for
other capital projects at the Will Rogers Complex.
First Amendment to Master Services Agreement Page 5 of 5
ATTACHMENT B: Budget for Project 1 under Master Services Agreement
WRMC - Coliseum Renovation
Initial Total Project Budget
February26, 2024
Previously Approved Projects:
Concourse/Restroom Renovation $ 8,500,000
Transform Design/Replace $ 1,100,000
$ 9,600,000
2023-2024 Bond Program Projects:
Transformer Relocation $ 2,100,000
Air Handler System Replacement $ 10,000,000
Doors $ 2,000,000
Lighting Modernization $ 1,500,000
Sound System Modernization $ 1,700,000
Concourse Renovation Additional Funding $ 2,000,000
$ 19,300,000
TOTAL PROJECT BUDGET . . .. .. . .. . .. .. . .. .. . .. . . $ 28,900,000
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 12/12/23 M&C FILE NUMBER: M&C 23-1064
LOG NAME: 25WRMC_MASTER_SVC_AGMT
SUBJECT
(ALL) Authorize an Agreement with Event Facilities Fort Worth to Manage Capital Improvement Projects at the Will Rogers Memorial Center at No
Cost to the City
RECOMMENDATION:
It is recommended that the City Council authorize an agreement with Event Facilities Fort Worth to manage capital improvement projects at the
Will Rogers Memorial Center.
DISCUSSION:
This Mayor & Council Communication authorizes an agreement with Event Facilities Fort Worth (EFFW) to manage capital improvement projects
at the Will Rogers Memorial Center (WRMC).
EFFW is a supporting organization of the Fort Worth Stock Show & Rodeo (FWSSR). Through EFFW, FWSSR has invested more than $77
million (adjusted to today’s dollars) in direct funding for capital improvements in the City-owned and operated WRMC. The list of WRMC projects
jointly funded by the City and EFFW includes the renovations of Cattle Barns 1 & 2, upcoming renovation of the Sheep and Swine Barns, and
construction of the Tower Promenade.
Under Section 334 of the Texas Local Government Code, the City can contract with EFFW to manage WRMC capital improvement projects on the
City’s behalf. Under this provision, EFFW will be required to follow all of the procurement rules and regulations required for the use of public
funding for capital projects. This includes requirements concerning MWBE participation. EFFW is willing to provide planning and construction
management services to the City for approved capital projects at WRMC, with the City reimbursing EFFW for the actual project costs, but with no
additional management fee or compensation to EFFW for these services.
The City will continue to own the WRMC complex and fund capital improvement projects out of the Culture and Tourism Funds. The goal of the
agreement is to bring a higher level of efficiency to WRMC capital projects. This, in turn, will demonstrate to WRMC constituents that the City is
committed to maintaining and improving the WRMC Complex.
Currently, the PED team in collaboration with PMD, are delivering 21 active capital projects at WRMC in various stages from design to
construction, totaling $38.3M. This includes the renovation of the WRMC Coliseum Concourse, which is proposed to be managed by EFFW, at
$8.5M. Additionally, the City has recently issued $68.9M in Culture and Tourism debt and plans to issue another $13.6M in Fiscal Year 2025 to
fund the renovation of the Sheep and Swine Barn and future capital projects at the WRMC Complex. The Sheep and Swine Barn is a City-
managed project. EFFW will manage the future capital projects funded by the debt issuance.
It is the Public Events Department's responsiblity to verify that capital funding for projects is available in advance of any expenditures.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that approval of this recommendation will have no material effect on City funds.
Submitted for City Manager's Office by: William Johnson 5806
Originating Business Unit Head:Michael Crum 2501
Additional Information Contact:Keith Chisolm 2525