HomeMy WebLinkAbout025349 - Construction-Related - Contract - Sowden and Associates� � � CITY SECRETARY �--- �/
� CONTRACT NO . �.J � ? %
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT �
THIS AGREEMENT is made and entered by and between the City of Fort Worth, Texas, a mi�mic�pal
corporation situated in Tarrant County, Texas, hereinafter called the "City", acting herein by and thr� �ugh its
duly authorized Assistant City Manager, and Sowden and Associates, hereinafter called the "Engine;er" :For
the purpose of providing engineering design services for Speaker Replacement at the Cowtown Coli;.��um.
WITNESSETH
That for and in consideration of the mutual covenants and agreements herein contained, the parties hereto
do hereby covenant and agree as follows:
SECTION I SERVICES OF THE ENGINEER
l.l The City hereby contracts with Engineer as an independent contractor, and the Enginee►• hereby
agrees to perform, within the professi.onal standards normally accepted in the State oi' 7'e;cas,
professional services in connection with the following general scope of work:
Design and Preparation of contract documents for the replacement of speakers in the Cc�U�town
Coliseum.
SECTION II PERSONNEL
1. The following personnel will be assigned to this Project:
1.1. City of Fort Worth
1.1.1. Project Manager: Nancy Richardson
12. Engineer
1.2.1. Engineer of Record: Christopher Sowden, P.E.
2. Neither party may change key personnel without agreement by the other party.
SECTION [II CHARACTER OF ENGINEER'S SERVICES
1. Engineer shall consult with the City to clarify and define City's requirements relative to the assi,►une�nts
and review available data.
2. Engineer agrees to commit the personnel to each assignment as necessary in order to co�nplete t:he
assignment in an expeditious manner.
3. The Engineer shall advise City as to the necessity of City's providing or obtaining from others ,ervices
and data required in connection with t&�e F,ssignment at City's cost and expense (which services and
data Engineer is not to provide hereunder but on which Engineer may rely in performing services
hereunder), and act as City's representative in connection with any such services of others.
4. Perform services as outlined in Attachment "A" that is attached to and made a part of this Agreem�.n�t.
SECTION IV SPECIAL SERVICES OF ENGI'�IEER
1. If authorized in writing by City, Engineer shall furnish or obtain from others Special Services nE::�es�ary
to complete the assignments. These services are not included as part of the Basic Services out:lir,eci in
SECTION I- SERVICES OF THE ENGINEER and the Engineer's Proposal. These Specia) ,�ervices
will be paid for by City as indicated in Section V.
SECTION V COMPENSATION TO ENGINEER
1. The total compensation for all of the assignments to be performed by Engineer as describe� in
CHARACTER AND EXTENT of ENGINEER'S SERVICES hereof shall be $6,500 phas not rnore
than $250 for expenses.
t�J��O���� �'�����
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09/21 /99 � II l5 US�511Wo� U
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2. Engineer shall not be paid more than the following amounts based upon the stage of the project:
1.1. Completion of Schematic Design Phase 20%
1.2 Execution of Contract by City Council to accept contract 80% �
1.3 Final acceptance of the Project by the City 100%
SECTION VI RESPONSIBILITY FOR CONSTRUCTION COSTS
1. The Construction Budget for this Project is $80,000
2. The Engineer shall inform the City of the probable construction cost at the submission of each design
phase.
SECTION VII METHOD OF PAYMENT
The Engineer shall be paid not more frequently than once per month on the basis of state�ne�ts
prepared from the books and records of account of the Engineer, such statements to be verified a:; to
accuracy and compliance with the terms of this Agreement by an officer of the Engineer. Fa�m�ent
according to statements will be subject to certification by the Director, Transportation and F'ublic
Works Department or his duly authorized representative that such work has been performed.
The above charges are on the basis of prompt payment of bills rendered and continuous progress ��f the
work on the Assignment until completion. If Eity fails to make any agreed to payment due Eng;irueer
for services and out-of-pocket expenses within thirty days after submission of Engineer's statf:rrient
thereof, Engineer may, after giving written notice to City, suspend services under this Agreement until
Engineer has been paid in full all amounts due for services actually performed and out-of-pocicet
expenses actually incurred.
SECTION VII1 PROCEDURES FOR PROVIDING DESIGN SERVICES
1. Design Phase:
1.1. City shall notify the Engineer when it is appropriate to proceed with the services. ,
1.2. The Engineer shall visit the site and make himself familiar with the scope of the assignmen.t
l.3. The Engineer shall perform all services to complete the services.
1.4. The services shall include all site work, design and coordination of utilities, landscapin�; and
facility design required for a complete and functional project.
1.5. The Engineer shall attend one public meeting during the design of the project.
1.6. Engineer shall prepare the design in stages as follows:
1.6.1. Schematic Design: Evaluate site conditions and interview operators and staff to det�rmine
system requirements. '
1.6.2. Negotiation with Contractor: Interview Contractors and direct their efforts for provisio�i of a
proposal for a new sound system incorporating the requirements of the City.
1.6.3. Perform site construction evaluation of progress of the contractor and assist the Citg� in
determining completion and payment to Contractor.
1.6.4. Perform site testing and adjustment of sound system after installation.
1.7. The Engineer shall reimburse the City for all damages incurred as a result of the failure crf a
facility to conform to all applicable State rules and regulations, Federal law, and municipal
ordinances, including but not limited to the cost to modify the facility to conform to all ap�licable
State rules and regulations, Federal law, and municipal ordinances.
1.8. Not Used.
1.9. The City shall negotiate construction costs with the Contractor in writing at each stage of clesig:n.
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1.10. Upon written approval of the proposal by the Contractor, the Engineer shall assist the Cit}� in
negotiating any changes required of the Contractor's Scope of Work.
2. Bidding:
2.1. This is a negotiated Contract.
3. Construction Services:
3.1. The Engineer shall assist the City, upon request, in approving submittals, observing constn�ction
procedures and results, reviewing methods and costs associated with proposed change order:;, and
resolving construction problems. However, neither the Professional activities of the Design
Professional, nor the presence of the Design Professional or his or her employces and
subconsultants at a construction site, shall relieve the General Contractor and any other f;ntity of
their obligations, duties and responsibilities including, but not limited to, canstruction melns,
methods, sequence, techniques or procedures necessary for performing, superintendir�g or
coordinating all portions of the Work of construction in accordance with the contract docwnents
and any health or safety precautions required by any regulatory agencies. The Design
Professional and his or her personnel have no authority to exercise any control over any
construction contractor or other entity or their employees in connection with their �vork. or any
health or safety precautions. The Client agrees that the General Contractor is solely res��o�isnUle
for jobsite safety, and warrants that this intent shall be made evident in the Client's agreement vvith
the General Contractor.
3.2. Engineer shall attend periodic job site meetings, prepare meeting notes and distribute thern to all
participants and key project personnel.
�
3.3. At the completion of construction, the Engineer shall conduct and document the final ins�e:ct:ion
and assist the City on the resolution of construction or design deficiencies.
3.4. Engineer shall manage, using the services of his mechanical/electrical cons�uitai�ts, the
Commissioning Phase of the Project.
3.5. The Engineer shall review "Record Drawings" submitted by the contractor on mylar me;dium
based on inspection notes, Contractor's marked up field drawings and the Engineer's observa�ions.
4. All project information and designs shall become the property of the City and may be used by thc; (;ity
in any manner it wishes. The Engineer shal] not be liable for the use of such design informati�m on
other projects.
SECTION IX CITY RESPONSIBILITIES
1. Provide all criteria and full information as to City's requirements and designate a person with autliority
to act on City's behalf on all matters concerning the Assignment.
2. Assist Engineer in obtaining existing studies, reports and other available data and services of athers
pertinent to the Assignment and in obtaining additional reports and data as required.
3. Upon reasonable notice arrange for access to and make all provisions for Engineer to enter upon ��ublic
and private property as may be required for Engineer to perform services hereunder.
4. Designate in writing yualified persons who will act as City's representatives with respect to the
Assignment for the purposes of transmitting instructions, receiving information, interpreti�i€; �nd
defining City's policies and decisions with respect to Engineer's services.
5. Review all reports, recommendations and other documents and provide written decisions peti<<ining
thereto within a reasonable time.
6. Upon reasonable notice provide labor and safety equipment to expose structural elements, to make
temporary repairs, and to operate mechanical and electrical systems as required by the Engine�:r in the
development of the design.
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09/21 /99
7. Examine all studies, reports, sketches, drawings, specifications, proposals and other do�u�nents
presented by Engineer, obtain advice of an attorney, insurance counselor and other Engine�rs as it
deems appropriate for such examination and render in writing decisions pertaining thereto dvithin a
reasonable time so as not to delay the service`s of Engineer.
8. Prepare easements and right-of-way acquisition conveyance documents, from description y�rovid�d by
Engineer, contact owners, negotiate for or condemn all easements and right-of-way, pay all filin; and
legal fees associated therewith.
9. Provide such legal, accounting, insurance and other counseling services to City as may be requirf;d for
the Assignment.
10. Pay all impact and utility fees and other fees not expressly assigned to the Engineer.
1]. Bear all costs incident to compliance with this Section.
SECTION X TERMINATION �
1. The City may terminate this Agreement at any time for convenience or for any cause by notice in
writing to the Engineer. Upon receipt of such notice, the Engineer shall immediately discontimze all
services and work and the placing of all orders or the entering into Contracts for supplies, assistanae,
facilities and materials in connection with the performance of this�Agreement and shall proceed to
cancel promptly all existing contracts insofar as they are chargeable to this Agreement.
2. If the City terminates this Agreement under the foregoing paragraph, the City shall pay the Engirieea� for
services performed in accordance herewith prior to such termination, less such payments having been
previously made. Such payment shall be based upon the work completed up to the date of terrnir�ation
of the Agreement in accordance with the method of compensation prescribed in Sections V arid VI
hereof. Engineer shall also be compensated for al] termination-related expenses such as rne:eting
attendance, document reproduction, transfer of records, etc.
3. Upon early termination or conclusion of this Agreement, the Engineer shall provide the C:ity
reproducible copies of all completed or partially completed engineering documents prepared unr�e:r this
Agreement which shall become the property of the City and may be used by the City in any manner it
desires. The Engineer shall not be liable for the use of such materials for any project other �lian the
project described in this Agreement.
SECTION XI INDEMNITY AND INSURANCE
1. Approval by the City of contract documents shall not constitute or be deemed to be a release c�f the
responsibility and liability of the Engineer, its officers, agents, employees and Subconsultants, foc• 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 a�3d other
Engineering documents.
2. Such approval shall not be deemed to be an assumption of such responsibility and liability by the: C;ity
for any negligent act, error or omission in the conduct or preparation of the subsurface im�esti�atiou�s,
surveys, designs, working drawings and specifications and other Engineering documents by the
Engineer, its officers, agents, employees and Subconsultants, it being the intent of the parr,ie;; that
approval by the City signifies the City's approval of only the general design concept of the
improvements to be constructed.
In this connection the Engineer shall indemnify and hold the City and all its officers, serv���ats �nd
employees harmless from any loss, damage, liability or expenses, including reasonable attorne;�';� fees
on account of damage to property and injuries, including death, to all persons, including but not lim�ted
to officers, or employees of the Engineer or Subcontractor, and all other persons performing am� part of
the work and improvements, which may arise out of any negligent act, error or omission in the
performance of the Engineer's professional services or in the preparation of designs, working drawings,
specifications and other docurnents. However, this indemnification provision shall not be constxued as
09/21 /99
Page 4 of 7
approval by the City signifies the City's approval of only the genera] design concept of the
improvements to be constructed.
In this connection the Engineer shall indemnifj! and hold the City and all its officers, serva�ats ,and
employees harmless from any loss, damage, liability or expenses, including reasonable attorney's iees
on account of damage to property and injuries, including death, to all persons, including but not limited
to officers, or employees of the Engineer or Subcontractor, and all other persons performing am� part of
the work and improvements, which may arise out of any negligent act, error or omissiori in the
performance of the Engineer's professional services or in the preparation of designs, working drs�wir►�s,
specifications and other documents. However, this indemnification provision shall not be construed as
requiring the Engineer to indemnify or hold the City or any of its officers, agents, servants or
employees harmless from any loss, damages, liability or expense, on account of damage to pro�erty or
injuries to person caused by defects or deficiencies in design criteria and information fiarnished
Engineer by City, or any deviation in construction from Engineer's designs, working drawings,
specifications or other documents.
4. The Engineer shall support the City during any suits or other proceedings brought against the C;ity, its
officers, agents, servants and employees, or any of them on account thereof, and shall pay all e�:penses
and satisfy all judgments which may be incurred by or rendered against them; this indemni�cation
provision shall not be construed as requiring the Engineer to indemnify or hold the City or a�iy af its
officers, agents, servants or employees harmless from any loss, damages, liability or expe:nse, on
account of damage to properiy or injuries to person caused by defects or deficiencies in design crit��ria
and information furnished Engineer by City, or any deviation in construction from Engineer's �lesif�s,
or other documents delivered by the Engineer.
5. Not Used
6. Engineer shall furnish City a Certificate of automobile insurance.
7. General Insurance Requirements
7.1. Contractor shall provide Liability and Uninsured motorists coverage on his vehicles used in
conjunction with the Project.
7.2. Not Used.
7.3. Not Used.
7.4. A minimum of thirty days notice of cancellation, and/or change in either coverage or poli<::y lirnits
shall be provided to the City. A ten days notice shall be acceptable in the event of non-pa}��nent of
premium. Such terms shall be endorsed onto Engineer's insurance policies. Notice sh�ll be sent to
the Superintendent, Building Services Division, City of Fort Worth, 3409 Harley A.vemze, I�ort
Worth, TX 76107.
7.5. The City shall not be responsible for the direct payment of any insurance premiums require<� by this
agreement. It is understood that insurance cost is an allowable component of the Engineers genLral
overhead.
7.6. The City reserves the right to revise insurance requirements specified in this agreement acec�rdin ; to
the best interests of the City, and will reimburse Engineer for these revisions.
7.7. Insurers for all policies must be authorized to do business in the state of Texas or be otllervvise
approved by the City; and, such insurers shall be acceptable to the City in terms of their rna��cial
strength and solvency.
7.8. Not Used. .
7.9. The workman's compensation policy is not required, for the Engineer is a Sole Proprietor.
7.10. Not Used.
7.11. Not Used.
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Page 5 of 8
�
The City shall require the General Contractor to include the Engineer as a Certificate Holder cm it's
required construction phase insurance.
ARTICLE XII INDEMNITY PERTAINING TO HAZARDOUS MATERIALS
1. City acknowledges Engineer will perform part of the work at City's facilities that may cc�ntain
hazardous materials, including asbestos containing materials, or conditions, and that Engineer h�id no
prior role in the generation, treatment, storage, or disposition of such materials. In consideratian ��f the
associated risks that may give rise to claims by third parties or employees of City, City agrees in ��o far
as permitted by law, to indemnify Engineer from any and all losses, damages, claims, or ac:tions
brought by third party or employees of City against Engineer ar Engineer's employees, agents, Q�ficers,
or directors, in any way arising out of the presence of hazardous materials or conditions at City's
facilities, except for claims shown by final judgment to arise out of the sole negligence of En�ineer.
The City shall defend at its own expense any suits of other proceedings brought against the En€;izaeer
and its officers, agents, servants, and employees or any of them on account thereof. Nothin� Yierein
shall be construed so as to require the City to levy or assess any tax.
2. In connection with hazardous waste, includi �ng petroleum products, City agrees to the maximurn c:xtent
permitted by law to defend, hold harmless a�d indemnify Engineer from and against any and all cl�aiAns
and liabilities resulting from City's violation of any federal, state or local statute, regulii'C10I7 or
ordinance relating to the disposal of hazardous substances or constituents. Nothing herein sh�ill be
construed so as to require the City to levy or assess any tax.
3. The requirements contained in this Section shal] not apply if the hazardous materials or conditi�oT�s are
introduced by the Engineer.
SECTION XIII RIGHT TO AUDIT
1. Engineer agrees that the City shall, until the expiration of three (3) years after final payment undE:r this
Agreement, have access to and the right to examine any directly pertinent books, documents, paK�ers
and records of the Engineer involving trans�ctions relating to this Agreement. Engineer ag�ees that the
City shall have access during normal working hours to all necessary Engineer facilities and sh;ill be
provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The City shall give Engineer reasonable advance notice of intended aizc its.
2. Engineer further agrees to include in all its subcontracts hereunder a provision to the effect that the
subconsultant agrees that the City shall, unCillhe expiration of three (3) years after final payment ar�der
the subcontract, have access to and the rigl �t to examine any directly pertinent books, docun�ents,
papers and records of such subconsultant, in rolving transactions to the subcontract, and further, r.liat
City shall have access during normal working hours to all subconsultant facilities, and shall be provided
adequate and appropriate work space, in oxdcr to conduct audits in compliance with the provisions of
this article. City shall give subconsultant reas �nable advance notice of intended audits.
3. Engineer and Subconsultants agree to photocopy such project-related documents as may be requested
by the City. The City agrees to reimburse Engineer and Subconsultant for the costs of copies at �:he rate
published in the Texas Administrative Code.
SECTION XIV SUCCESSORS AND ASSIGNS
1. The City and the Engineer each bind themselves, their successors and assigns, to the other parhr to ti�is
Agreement and to �the successors and assigns of each other party in respect to all covenants of this
Agreement. ,
SECTION XV ASSIGNMENT �
1. Neither party hereto shall assign, sublet or transfer its interest herein without prior written cansf;n� o.f
the other party, and any attempted assignment, sublease or transfer of all or any part hereof w�t➢�out
such prior written consent shall be void.
09/21 /99
Page 6 of 7
SECT[ON XVI INDEPENDENT ENGINEER
Engineer shall perform all work and services hereunder as an independent Engineer, and not as an
officer, agent, servant or employee of the City. Engineer shall have exclusive control of, and the
exclusive right to control the details of the work performed hereunder, and all persons perfoirning
same, and sha(I be solely responsible for the acts and omissions of its officers, agents, emplo��t;es :and
Subconsultants. Nothing herein shall be construed as creating a partnership or joint ventuce :�eiween
the City and the Engineer, its officers, agents, employees and Subconsultants, and doctrine of
respondent superior has no application as between the City and the Engineer.
SECTION XVII M/WBE GOALS (Not Applicable)
SECTION XVIII OBSERVE AND COMPLY
Engineer shall at all times observe and comply with all federal and State laws and regulations anc vrith
all City ordinances and regulations which in any way affect this contract and the work hereun�:ier, and
shall observe and comply with all orders, laws ordinances and regulations which may exist or �,�nay be
enacted later by governing bodies having jurisdiction or authority for such enactment. No �lea of
misunderstanding or ignorance thereof shall be considered. Engineer agrees to defend, indemnif� ,�nd
hold harmless Ciry and all of its officers, agents and employees from and against all claims or liability
arising out of the violation of any such orde�, law, ordinance, or regulation, whether it be by its�;lf or its
employees.
SECTION X[X VENUE
Venue of any suit or cause of action under tliis Agreement shall lie in Tarrant County, Texas.
IN TESTIMONY THEREOF, the City of Fort W'orth has caused this instrument to be signed in triplicate in
its name and on its behalf, by its City Manager and attested by its City Secretary, with the Corpora.te 5eal
affixed; and the Engineer has also properly executed this instrument in triplicate copies, each of �i�hicli is
deemed an original.
EXECUTED IN THE CITY OF FORT WORTH, TEXAS, TH[S -��ay of �, A.D., �11�_
By: �_�� c�-'�5�, .
PrincipaU
SflwC.�� �O .L�SaG�drT�
Sowden and Associates,J�.i�e!
p¢�ruc.IPes`,
Office (President or Vice-President)
APPROVAL R OMMENDED:
By: /)
`Tra ortation and Public Works
APPROVED AS TO FORM AND GALITY:
By: �
Wade Ac�lk. 'i�
City Attorney
APPROVED:
�
By: - , • ��`'�'
Mike Groomer
Assistant City Manager
RECORDE .
By: ,a�te�,s
City Secretary
Date: 6�-�d ���
� "" �'-�.--! �, � .�_
Contract Authorization
�
�. ,� ._ ��� _
Date
Page 7 of 7
09/2 I /99
Name and Address of Insured
CHRISTOPHER SOWDEN
COLLEEN SO4IDEN
KIMBERLY SOWDEN
xxXXXXXXXX
46�4 KENWAY CT
FORT WORTH Tx 7b132-2034
Agent
JAMES CORLEY
PH 81?-?37-8494
Policy Number I Effective Date Expiration Date
03962 18 85 iJUL 2D► `i9!JAN 20� 00
Vehicle Make Model IdentificationNumber Year
InsuranceCompany TOY�TA 4RUNNER �T3cM84ROwo025519 98
MID-CENTURY INSURANCE 'fOYQTA CAMRY LE 4T1SK12E2Nu159163 92
COMPANY OF iEXAS 1-800-225-0011 OLDSMOBILE CIERA 1G3AJ19R8ED390211 84
Thic policy providea at leasithe minimum amountsof liabilityinsurance requiredby the Texas Motor Vehicle Safety ResponsibilityAct for the speci}ied
vehicle and named insured's and may provide coverage for other persons and other vehicies as provided by the insurance policy.
.--• •-••------•---•-•--._....---�----------•-----_._...---.___..•-••-------•-••••.._..----•---•---•..__.._-------••----------•----_...-•-•---- ................••--•--.....---•---- ---. , ..----�--- ---------...-•---._._.._.._._...._..._._-••-••---.-•.•----•----..._._.
T T T TO SEPARATE YOUR LIABILlTY (NSURQNCE CARDS, CUT ALONG DOTTED LINES T T T
�
City of Fort Worth, Texas
�►�Ayar And C,aunc�l C,am�mun�ccrt�an
DATE REFERENCE NUMBER LOG IVAME PAGE
10/19/99 C-1�7713 20SPEAKERS I 1 of 2
SUBJECT AWARD OF CONSTRUCTIO CONTRACT TO AMERICAN AUDIO AND VISUAL, INC.
FOR THE INSTALLATION OF AN ACOUSTICAL SYSTEM IN THE COWTOWN
COLISEUM AND AWARD OF A DESIGN AGREEMENT WITH SOWDEN AND
ASSOCIATES FOR THE DESIGN OF THE REPLACEMENT SYSTEM
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of $70,300 from the Insurance Fund (Property and Casualty) to the portion of
the 1998 Capital Improvements Program designated for renovation of the Cowtown Coliseum; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
1998 Capital Improvements Program by $70,300; and
3. Authorize the City Manager to execute a construction contract with American Audio and Visual, Inc.
for the installation of an acoustical system in the Cowtown Coliseum in the amount of $76,643, to be
completed in 60 calendar days; and
4. Authorize the City Manager to execute a design contract with the acoustical engineer, Sowden and
Associates, for $6,500, plus up to $250 in expenses, for the design of a replacement acoustical
system for the Cowtown Coliseum.
DISCUSSION:
On June 2, 1999, during renovation of the Cowtown Coliseum, the central speaker cluster for the
facility's sound system fell to the floor and was damaged beyond repair. Since that time, a temporary
speaker system has been utilized.
The estimated cost to replace the system (components, frame, rigging, and acoustical system) with a
like-kind and quality system is $63,550. With the addition of $6,750 for design services by an
acoustical engineer, the total replacement cost of a like-kind and quality system is $70,300. The City is
using appropriate means to collect this amount in damages from the responsible parties.
Following their study of the system, the acoustical engineering firm (Sowden and Associates) was of
the opinion that the previous sound system was inadequate to serve the Coliseum. Sowden and
Associates recommended an alternate acoustical system that would (1) be permanently hung from the
north end of the Coliseum, and (2) incorporate the addition of "delay speakers" along the side and end
seating areas to improve coverage of the sound system. This alternate system would produce an
adequate sound system for the Coliseum.
The cost of the new system is $76,643. Of this amount, $63,550 will be funded by Insurance funds with
the remaining $13,093 from 1998 CIP funds (available from the $700,000 approved by voters for the
renovation of the Coliseum). The design fee for the acoustical engineer ($6,750) will be funded entirely
with Insurance funds. All Insurance funds will be transferred to the 1998 CIP fund for payment.
City of Fo�t Worth, Texas
�1►�Ay�ar And Caur�c�l Cammun�cAt�an
DATE REFERENCE NUMBER . LOG NAME PAGE
10/19/99 C-17713 20SPEAKERS 2 of 2
SUBJECT AWARD OF CONSTRUCTION CONTRACT TO AMERICAN AUDIO AND VISUAL, INC.
FOR THE INSTALLATION OF AN ACOUSTICAL SYSTEM IN THE COWTOWN
COLISEUM AND AWA`RD OF A DESIGN AGREEMENT WITH SOWDEN AND
ASSOCIATES FOR THE DESIGN OF THE REPLACEMENT SYSTEM
On August 6, 1999, after consulfation with the Department of Law, the City Manager's Office approved
waiving bi'ds on this project as necessary because of unforeseen damage to public machinery,
equipment or other property. Due to the need to expedite the instailation of a permanent sound
system, City staff (with the assistance of Sowden and Associates) selected American Audio and Visual,
Inc. of Fort Worth and negotiated a scope and fee for the installation of the speaker cluster and delay
speakers. .
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the Insurance Fund and the 1998, Capital
Improvements for renovation of the Cowtown Coliseum.
MG:j
Submitted for City Man�ger's
Office by:
Mike Groomer
Originating Department Head:
Hugo Malanga
Additional Information Contact:
Flugo Malanga
� FUND
� (to)
I 1&2) C192
6140 I 2) C192
7801
(from)
1) FE71
3&4) C192
7801
I ACCOUNT I CENTER I AMOUNT
481306 020192066001 $70,300.00
541200 020192066001 $70,300.00
534260 0157140 $70,300.00
541200 020192066001 $83,393.00
CITY SECRETARY
Related Records
City of Fort Worth, Texas
�1►�Ayar And C,aunc�l ammun�cAt�an
C
DATE REFERENCE NUMBER LOG NAME PAGE
10/19/99 C-17713 20SPEAKERS I 1 of 2
SUBJECT AWARD OF CONSTRUCTION CONTRACT TO AMERICAN AUDIO AND VISUAL, INC.
FOR THE INSTALLATION OF AN ACOUSTICAL SYSTEM IN THE COWTOWN
COLISEUM AND AWARD OF A DESIGN AGREEMENT WITH SOWDEN AND
ASSOCIATES FOR TH� pESIGN OF THE REPLACEMENT SYSTEM
RECOMMENDATION:
It is recommended that the City Council:
1. Aut�orize the transfer of $70,300 from the Insurance Fund (Property and Casualty) to the portion of
the 1998 Capital Improvements Program designated for renovation of the Cowtown Coliseum; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
1998 Capital Improvements Program by $70,300; and
3. Authorize the City Manager to execute a construction contract with American Audio and Visual, Inc.
for the installation of an acoustical system in the Cowtown Coliseum in the amount of $76,643, to be
completed in 60 calendar days; and
4. Authorize the City Manager to execute a design contract with the acoustical engineer, Sowden and
Associates, for $6,500, plus up to $250 in expenses, for the design of a replacement acoustical
system for the Cowtown Coliseum.
DISCUSSION:
On June 2, 1999, during renovation of the Cowtown Coliseum, the central speaker cluster for the
facility's sound system fell to the floor and was damaged beyond repair. Since that time, a temporary
speaker system has been utilized.
The estimated cost to replace the system (components, frame, rigging, and acoustical system) with a
like-kind and quality system is $63,550. With the addition of $6,750 for design services by an
acoustical engineer, the total replacement cost of a like-kind and quality system is $70,300. The City is
using appropriate means to collect this amount in damages from the responsible parties.
Following their study of the system, the acoustical engineering firm (Sowden and Associates) was of
the opinion that the previous sound system was inadequate to serve the Coliseum. Sowden and
Associates recommended an alternate acoustical system that would (1) be permanently hung from the
north end of the Coliseum, and (2) incorporate the addition of "delay speakers" along the side and end
seating areas to improve coverage of the sound system. This alternate system would produce an
adequate sound system for the Coliseum.
The cost of the new system is $76,643. Of this amount, $63,550 will be funded by Insurance funds with
the remaining $13,093 from 1998 CIP funds (available from the $700,000 approved by voters for the
renovation of the Coliseum). The design fee for the acoustical engineer ($6,750) will be funded entirely
with Insurance funds. All Insurance funds will be transferred to the 1998 CIP fund for payment.
City of Fort Worth, Texas
�i►�A�or An� Caunc�l Cammun�cAt�ar�
DATE REFERENCE NUMBER LOG NAME PAGE
10/19/99 C-17713 20SPEAKERS 2 of 2
SUBJECT AWARD OF CONSTRUCTION CONTRACT TO AMERICAN AUDIO AND VISUAL, INC.
FOR THE INSTALLATION OF AN ACOUSTICAL SYSTEM IN THE COWTOWN
COLISEUM AND AWARD OF A DESIGN AGREEMENT WITH SOWDEN AND
ASSO�IATES �OR THE DESIGN OF THE REPLACEMENT SYSTEM
On August 6, 1999, after consultation with the Department of Law, the City Manager's Office approved
waiving bids on this project as necessary because of unforeseen damage to public machinery,
equipment or other property. Due to the need to expedite the installation of a permanent sound
system, City staff (with the assistance of Sowden and Associates) selected American Audio and Visual,
Irtc. of Fort Worth and negotiated a scope and fee for the installation of the speaker cluster and delay
speakers.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the Insurance Fund and the 1998 Capital
Improvements for renovation of the Cowtown Coliseum.
MG:j
Submitted for Cify Manager's
Office by:
Mike Groomer
Originating Department Head:
Hugo Malanga
Additional Information Contact:
FUND
(to)
1&2) C192
G140 2) C192
7801
(from)
1) FE71
3&4) C192
I ACCOUNT I CENTER I AMOUNT
481306 5 020192066001 $70,300.00 '
541200 020192066001 $70,300.00
CITY SECRETARY
�ovEo
CITY aCQUNCIL
Hugo Malanga
7801
534260 0157140 $70,300.00
�541200� 020192066001 $83,393.00
Of�? � g . t999
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Cit� Secre� of thq
Cit� af Fort Worth, Zbxas
Adopted .Or�dinan� No.l�,(p