Specifications EFAC 01-03-13

7/30/2019 Specifications EFAC 01-03-13

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Operation and Management of the Elm Fork Athletic Complex Page 1 of 22

SPECIFICATIONS FOR THE

OPERATION and MANAGEMENTOF THE

Elm Fork Athletic Complex

RFP #BLZ1312

Park and Recreation DepartmentCity of Dallas

Dallas, Texas


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TABLE OF CONTENTS

DEFINITION OF TERMS ANDABBREVIATIONS ..................................................................................... 3

SECTION 1. GENERAL INFORMATION ........................................................................................ 4

1.1 Project Scope and Overview of the Elm Form Athletic Complex .................................... 4

1.2 Goals for the Operation and Management of the Elm Fork Athletic Complex (EFAC) ... 41.3 Restrictions Maintaining Tax-Exempt Status for Bonds Issued for EFAC ....................... 6

SECTION 2. SPECIFICATIONS FOR OPERATIONAL MANAGEMENT OF EFAC ...................... 7

2.1 General Scope ................................................................................................................. 72.2 Facility Activities ............................................................................................................... 72.3 Facility Management and Operations .............................................................................. 72.4 Insurance ......................................................................................................................... 82.5 Bonding ............................................................................................................................ 92.6 Observance of Laws, Rules and Regulations .................................................................. 92.7 Permits, Licenses and Taxes ........................................................................................... 92.8 Fire Protection and Prevention ........................................................................................ 92.9 Protection and Damage ................................................................................................... 9

2.10 Other Contracts .............................................................................................................. 102.11 Alterations and Improvements ....................................................................................... 102.12 Property ......................................................................................................................... 112.13 Access to the Facility ..................................................................................................... 112.14 Liens .............................................................................................................................. 112.15 Labor Force .................................................................................................................... 112.16 Wage Rates ................................................................................................................... 122.17 Complaints and Non-Performance ................................................................................ 122.18 Reports, Audits and Review .......................................................................................... 12

SECTION 3. PROPOSAL PROCESS ........................................................................................... 13

3.1 Specification Review and Clarification ........................................................................... 133.2 Proposal Submission ..................................................................................................... 133.3 Required Documentation ............................................................................................... 13

3.4 Format for Proposal ....................................................................................................... 153.5 Oral Presentations ......................................................................................................... 163.6 Disqualification of Proposer ........................................................................................... 163.7 Due Date ........................................................................................................................ 163.8 Public Information .......................................................................................................... 16

SECTION 4. SELECTION PROCESS ........................................................................................... 17

4.1 Request for Proposals ................................................................................................... 174.2 Selection Process Estimated Schedule ......................................................................... 174.3 Criteria for Review and Evaluation ................................................................................ 174.4 Evaluation of Proposals ................................................................................................. 184.5 Contract Award .............................................................................................................. 19

SECTION 5. CONTRACT .............................................................................................................. 19

5.1 Award of Contract .......................................................................................................... 195.2 Assignment of Contract ................................................................................................. 195.3 Indemnity ....................................................................................................................... 205.4 Default ............................................................................................................................ 205.5 Termination for Convenience ......................................................................................... 215.6 Notices ........................................................................................................................... 215.7 Miscellaneous ................................................................................................................ 215.8 Conduct of Work ............................................................................................................ 22


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Definition of Terms and Abbreviations

The following terms shall have the following meanings when used in these Specifications.

1. Buyer: Member of Business Development and Procurement Services Department of the Cityresponsible for oversight of the Request for Proposal process. All correspondence andcommunication from potential Proposers shall be directed to the Buyer

2. City: The City of Dallas, Texas, a municipal corporation of Dallas County, Texas, acting by andthrough (a) its governing body, or (b) its City Manager each of whom is required by law to performspecific duties. Responsibility for final enforcement of contracts involving the City of Dallas is byauthority vested in the City Manager.

3. City Attorney: The City Attorney of the City or duly authorized assistants or agents.

4. City Controller: The City Controller of the City or duly authorized assistants or agents.

5. City Council: The governing body of the City.

6. City Manager: The City Manager of the City or duly authorized assistants or agents.

7. City Secretary: The City Secretary of the City or duly authorized assistants or agents.

8. Contract: The written agreement covering the performance of the Operational Managementspecifications. The Contract includes all specifications, the proposal and any supplemental changesor agreements pertaining to the Operational Management Specifications. The Contract shall beadministered through the City of Dallas, Park and Recreation Department.

9. Director: The Director of the Park and Recreation Department or duly authorized assistants ordesignee(s).

10. EFAC: Elm Fork Athletic Complex

11. Elm Fork Athletic Complex: State of the art athletic complex to be developed on a 138-acre sitelocated near the intersection of I-35 and Walnut Hill Lane in northwest Dallas. This will be thepremier soccer complex in Dallas County and the signature tournament complex in the Dallas parksystem.

12. Facility: Elm Fork Athletic Complex13. Operation and Management Specifications (Specifications): The directions, provisions, and

requirements contained herein pertaining to overall management of the Facility.

14. Operator: The person, persons, partnership, company, firm, association, corporation, and its sub-contractors acting directly or through an authorized representative submitting a proposal and enteringinto a Contract for the services specified in the Operational Management Specifications.

15. Proposal: The written statement or statements duly submitted to the City of Dallas BusinessDevelopment & Procurement Services Department by the person, persons, partnership, company,firm, association, or corporation proposing to perform as specified in the Operational ManagementSpecifications.

16. Proposer: Any person, persons, partnership, company, firm, association, corporation and their sub-contractors acting directly or through a duly authorized representative submitting a Proposal responseto the Operational Management Specifications.

17. Sub-contractor: Any firm with which the Operator has a direct or indirect relationship in order to meetany or all of the Specifications or fulfill the terms of the Contract.

18. Sureties: The corporate bodies which are bound by such bonds as are required of the Operator. TheSureties engaged to be responsible for the entire and satisfactory fulfillment of the Contract and forany or all requirements as set out in the Specifications or Contract.


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Section 1 - General Information

1.1 Project Scope and Overview of the Elm Form Athletic Complex

It is the intention of the Dallas Park and Recreation Department to develop an 88 acre state-of-the-art outdoor athletic complex on a 138-acre site located near the intersection of I-35 andWalnut Hill Lane in northwest Dallas. This will be one of the premier soccer complexes in theDallas area and the signature tournament complex in the Dallas park system.

A master plan for the Elm Fork Athletic Complex (EFAC) has been completed and adopted by theDallas Park and Recreation Board. The Master Plan consists of the following components:

Ten lighted and irrigated international-size fields with Musco Green lighting, Fields to be builton 5.5 of USGA Root Mix and sodded with Celebration Bermuda. All lighting covered byMusco Constant 25 25-year product assurance and warranty program.

Irrigated flexible space will accommodate up to five unlighted youth-size fields. Fields to bebuilt on 5.5 of sandy loam and sodded with Celebration Bermuda.

Irrigated flexible space will accommodate up to four unlighted international-size fields.Fields to be built on standard fill top soil and sodded with Common Bermuda.

Two pavilions, each 2495 square feet, with restrooms and adjacent picnic areas. Native drought-tolerant plant materials in landscaped areas adjacent to fields.

Compost and expanded shale incorporated into landscape areas for enhanced waterretention.

Irrigation system and pump houses designed for to help facilitate future conversion toalternative water source, such as well water or water piped from Trinity River.

610 parking spaces constructed with recycled concrete.

Main entry signage and associated lighting. Site utilities

Recycled aluminum perimeter fencing and security gates. Common Bermuda sod in grassed areas outside of playing field zones. Looped concrete hiking trail around central fields.

Landscaped bioretention areas for treatment of storm water runoff. Future access to Walnut Hill DART Station via Hike and Bike trail (by others).

To date, the City has allocated approximately $31.4 million in funding for land acquisition anddevelopment of EFAC. Construction of this complex is currently underway. The current scheduleprojections are that the Facility will be ready for play in September 2013.

1.2 Goals for the Operation and Management of the Elm Fork AthleticComplex (EFAC)

A. The City of Dallas seeks a qualified Operator that will work with the City to manage andoperate EFAC as a premier soccer venue that primarily serves Dallas youth and citizens andto market the Facility for regional, national and international tournaments not exclusively forsoccer, but for other sports as well, including rugby, lacrosse, field hockey, cricket andarchery. A sampling of the events and tournaments associated with soccer, for which thecomplex will be an ideal site, include:

Adidas Showcase Tournament American Youth Soccer Association Dallas Cup Dallas Mens Select Soccer League (DMSSL) Cinco de Mayo Cup DMSSL Labor Day Tournament


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Kyle Owen Memorial Tournament Lacross USA Gameday USA NDP Lacrosse North American Memorial Day Cup North Texas State Soccer Association (NTSSA) State Cup Score Tournaments Thanksgiving Invitational Tournament USA Field Hockey USA Ultimate Frisbee United States Youth Soccer (USYS) Youth National Championships USYS ODP National Championships USYS Region III Championships US Adult Soccer Association (USASA) Region III National Cup USASA National Cup USASA Veterans Cup

B. The availability and cost of water for irrigation is an important concern at EFAC. Peak

summertime water demand is estimated to be 2.6 million gallons per week. Water demand isestimated to be 125 million gallons annually. The City wishes Proposers to submit threeoptions in their proposals to address irrigation requirements.

(1) Contractor irrigates using potable watera) The current phase, when completed, will sell City potable water to the

Contractor.b) Contractor is responsible for attaining variances from DWU to exceed water

usage restrictions during drought periods.

(2) Contractor finances construction of water well(s), irrigation pond(s) and all relatedapparatus to provide well water.

a) The current irrigation system including valves and conduits, sprinkler heads

and controls, as installed, will accommodate the conversion of the system forwell water use.b) Preliminary study indicates that three aquifers are available for water well at

different depths.

i. Paluxy Well with an estimated depth of 500 feet will produce 200-250 gpm.ii. Trinity Well with an est depth of 2300 feet will produces 400 to 450 gpm.

c) In addition to the well, an irrigation pond(s), pumping equipment withassociated piping, and filtration will be required.

d) Adequate land is available for construction of irrigation pond(s).

e) This option also requires that:

i) Contractor performs construction in accordance with Section 2.10 of thesespecifications.

ii) Water conservation and reclamation infrastructure and methods shall beincluded in the plan.

iii) The City will not charge the Contractor for water usage.

(3) Contractor shall finance the construction of a wet well in the Trinity River which will fill theexisting irrigation pond located at the southeast corner of the LB Houston SportsComplex by providing the following:


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a) Obtain Right of Way for water line from LB Houston to EFAC;

b) Install appropriately-sized water line and transfer pump, and filter system, atexisting irrigation pond;

c) Install new water line from LB Houston, approximately one mile, and tie intoexisting irrigation pump houses at EFAC;

d) Disconnect existing potable water lines from the potable water system, inaccordance with federal, state and local codes.

e) Pay water fees to DWU at the going rate for non-treated water per existingagreement between DWU and the Dallas Park Department.

(4) Water conservation and reclamation methods shall be included in all three plans.

(5) Dallas Water Utility Rates apply for all water usage from their facilities, including theTrinity River non-potable water option.

(6) At the end of each contract term, the City may renegotiate water source and rates withContractor

(7) City reserves the right to provide non-potable water to the complex at a future date.

C. Proposers should address the following considerations in their proposals:

(1) Additional Soccer Goals When the current phase of construction is completed, the teninternational-size fields will be lit and equipped with portable soccer goals. TheContractor will be required to provide additional goals for the five youth flexible fields andfour adult-size flexible fields. Depending on programming needs, these flexible fieldsmay be configured to accommodate other uses such as cricket, lacrosse, and other fieldsports.

(2) Field Lights Proposers may, at their own expense, and in accordance with Section 2.10

of these specifications, provide lighting for the five youth flexible fields and four adult-sizeflexible fields.

(3) Signage Contractor will be required to create and implement, in accordance withSection 2.10 of these specifications and at their expense, a signage package includingway-finding signs, traffic control signs, park identification signs, facility identification signs,informational kiosks, regulatory signs and sponsorship signs (if applicable) based on theintended use of the Facility.

D. Due to its immense potential the City envisions additional future development at EFAC.Currently the funding is not available and specific plans have not been made, but examplesof possibilities include a championship field surrounded by tiered seating, additional parkingspaces, nature area, maintenance building, concession complex, and Goodnight Lane

entrance, Proposers are encouraged to propose options for additional capital improvements,including operating subsidy and revenue sharing arrangements.

1.3 Restrictions Maintaining Tax-Exempt Status for Bonds Issued forEFACThe EFAC has been financed in part with tax-exempt bonds. The federal income tax law restrictsthe use of EFAC by any person other than a state or local government entity. Accordingly, theterms of any agreement with the Operator will be restricted by federal income tax law.


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Federal income tax law permits EFAC to be managed by the Operator if the managementagreement is structured to comply with the guidelines under Revenue Procedure 97-13(Qualifying Management Agreement). These guidelines include limitations on the term and thetype of compensation paid (e.g., periodic fixed fee per month) under the qualifying managementagreement. The City welcomes any proposals that may be structured to comply with theseguidelines.

In addition, the City may be able to employ alternative solutions with the management of EFAC.The City welcomes creative structuring alternatives in submitted proposals.

Section 2 - Specifications for Operational Management ofEFAC

2.1 General ScopeThe City intends to award a Contract for the management and operation of EFAC for a period of 5years with two 5-year renewal options.

The City will only consider proposals that provide for the continued management and operation ofEFAC primarily as a soccer and athletic facility in furtherance of the goals of the City as outlinedin the previous section. The Contract shall become effective and on-site management servicesshall begin thirty days after Contract execution. Responsibilities include daily operationalmanagement to include staffing, scheduling, grounds maintenance, necessary support for events,cleaning, access control and loss prevention, food service, and the maintenance of all buildingand grounds components to include but not be limited to structure, fixtures, utilities, irrigationsystems, and equipment.

2.2 Facility ActivitiesA. Service Standard: As a City sports venue constantly in the public eye, every aspect of

operation for the Facility shall produce and maintain exemplary service standards. Each

employee and contracted employee is expected to contribute to an efficient, responsive,positive and safe environment for public enjoyment.

B. Marketing: Progressive marketing strategies, including the marketing and selling ofsponsorships and naming rights shall be developed to promote the use of the Facility as apremier venue for local, regional, national and international tournaments in soccer, as well asother sports. Additionally, the City is interested in the Operators experience and capabilitiesin marketing national and international soccer matches for play in the Cotton Bowl stadium atFair Park.

2.3 Facility Management and OperationsA. Purpose: The Operator shall operate, manage and maintain EFAC as a premier venue for

local, regional, national and international athletic events and competitions.

B. Resources: The Operator shall provide necessary labor, equipment and resources tosuccessfully execute all aspects of the events that take place at the Facility.

C. Ticketing Service: The Operator shall provide ticketing services for events that take place atthe Facility.

D. Staffing: The Operator shall provide parking lot attendants, ticket takers, security guards,sworn peace officers, porters, food concession staff, officiating staff, field maintenance staff,building maintenance staff, and other personnel necessary for the operation and


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maintenance of the Facility.

E. Cleanliness: The Operator shall provide all housekeeping, janitorial, and trash/refusedisposal services necessary for the operation of the Facility.

F. Maintenance and Repair: The Operator shall maintain the Facility in good repair, includingall athletic fields and associated equipment and systems, building equipment and systems,

electrical, mechanical, plumbing, heating/air conditioning systems, gates and doors, lightfixtures and bulbs, security equipment, etc. The Operator shall perform routine repair andmaintenance of Facility structures, scoreboards, interior and exterior lighting, irrigationsystems, termites and pest extermination, exterior grounds and all public and common areasof the Facility to keep them in a neat, safe, clean, operational, sanitary and attractivecondition. Grounds maintenance methods shall comply with USGA standards. The Operatorwill be required to provide a maintenance facility for the storage of maintenance equipment,vehicles and supplies.

G. Utilities: The Operator shall pay the cost of all utility services and initial connection charges,including but not limited to water, gas and electricity used in connection with or chargeableagainst the Facility for the duration of the term of the contract. The Operator shall beresponsible for the installation, maintenance and expense of a security system and its own

telephone services serving the Facility.

H. Policies: The Operator shall develop proposed operating policies, procedures and rentalrates for the Facility to be approved by the City. The Operator shall submit any changes tooperating policies, procedures and rental rates for prior approval of the Director; suchapproval will not be unreasonably withheld. The City reserves the right to approve all rates.

I. Operating Account: The Operator shall deposit all funds generated from the operation of thefacilities in a special bank account with a federally insured commercial bank or savings & loaninstitution that is located within the City limits of Dallas, Dallas County, Texas. This bankaccount and the balance of funds shall be used solely for purposes of making payments forcosts required to perform this Contract.

J. Annual Operating Budget: The Operator shall submit annual operating budgets for theupcoming fiscal year to the Director for review, at a date to be determined each year by theDirector. Such budgets shall include detailed information regarding estimated income to bereceived from all sources and a clearly detailed budget of expenditures. The Operator shallpay for operational costs of the facilities through revenue generated there-from. The Operatorshall have the obligation to pay all charges for water, electricity, gas and sewer service usedin the Facility and all charges for telecommunication services. The City shall in no event beliable to pay for any interruption for failure of such utilities and service.

K. Business Inclusion and Development (BID) Plan: The Operator shall abide by the City'sBusiness Inclusion and Development Plan (BID), formerly known as the Good Faith EffortPlan, for the utilization of certified minority and women-owned business enterprises.

L. Use: The Facility shall be used by the Operator solely for the conduct of the described

Specifications unless otherwise approved by the Director.

2.4 InsuranceOperator will be required to purchase and maintain, during the term of the contract, insurance asdescribed in Attachment 1 and agree to the indemnification statement therein.


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2.5 BondingContractor will be required to post payment and performance bonds in the amount of 25% of theannual operating costs. Proposed annual operating cost estimates will be used to calculate thebond value for the first year. The payment and performance bond must be submitted within 10business days after award of contract. Separate payment and performance bonding may berequired for capital improvement projects.

2.6 Observance of Laws, Rules and RegulationsThe Operator shall at all times comply with all applicable laws, rules, regulations and orders of theFederal Government, State of Texas, Dallas County and the City of Dallas. The Operator shallalso abide by all rules, regulations and directives prescribed for EFAC by the City.

2.7 Permits, Licenses and TaxesThe Operator shall comply with all requirements of federal, state, county and local laws andregulations pertinent to or affecting any phase of the security and fire protection services. TheOperator shall at its own expense procure and keep in force during the entire period of theContract all permits and licenses required by such laws and regulations. All permits should beavailable for inspection by the Director at all times.

2.8 Fire Protection and PreventionA. Fire Code: The Operator shall comply with all fire protection measures prescribed in the City

Fire Code, a copy of which is on file in the office of Fire Prevention Education and Inspection2014 Main Room 401, Ph. 670-4319. All solvents and compounds shall be products whichare free of spontaneous heating tendency. Listing of these products as free of this tendencyby qualified nationally recognized testing organizations shall be considered as meeting theserequirements. All products stored on City property shall be labeled with Hazardous WarningData labels as required by the Federal and State of Texas Hazardous Waste Regulations. Allelectrical appliances, cords and extension cords shall bear the UL approved tags.

B. Combustible Materials: The Operator shall not store combustible supplies, including but notlimited to rags and paper, near possible sources of ignition, such as, but not limited to steam

pipes and high wattage lamps. The Operator shall consider contaminated buckets, mops,cloths, and brushes as potentially subject to spontaneous heating and shall not store suchitems in buildings. The Operator shall store used wiping cloths in covered metal containers.

2.9 Protection and DamageA. Operator Responsibility: The Operator shall, without additional expense to the City, be

responsible for all damage to persons or property that occurs as a result of the Operator's orany or all Sub-contractor's fault or negligence in connection with the execution of the work,and shall be responsible for the proper care and protection of work performed. Breakage orloss of equipment or property other than that owned by the Operator that may occur in orabout the Facility as a result of the Operator's actions or of the actions of the Operator's Sub-contractors, shall be repaired or replaced at the Operator's expense.

B. Safety: The Operator shall take all precautions necessary for the protection against injury ofall persons engaged at the site in the performance of the work. The Operator shall observe allpertinent safety practices and comply with applicable safety regulations.

C. Keys: It shall be the Operator's responsibility to provide the Director on an annual basis orwithin 2 business days of the Director making such request a list of the names of personswho have been issued keys to the Facility, or parts of the Facility. In the event a key is lost ormisplaced it shall be the responsibility of the Operator to replace the locks the lost key(s)opened at the Operator's expense.


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2.10 Other ContractsA. City Agreements: The Operator shall agree to honor any pre-existing Use Agreement in

which the City of Dallas has entered into.

(1) The City has contracted with Dallas Cup for the following tournament dates to be held atEFAC:i) Dallas Cup XXXV, April 13 April 20, 2014

ii) Dallas Cup XXXVI, March 29 April 5, 2015iii) Dallas Cup XXXVII, March 20 March 27, 2016iv) Dallas Cup XXXVIII, April 9 April 16, 2017

B. Other: The City may undertake or award other construction contracts for additional work atthe Facility. The Operator shall fully cooperate with such other contractors and Cityemployees. The Operator shall not commit or permit any act which shall interfere with theperformance of work by any other contractor, or by City employees.

2.11 Alterations and ImprovementsA. Right to Improve: During the term of the Contract and with the approval of the City, the

Operator may without cost to the City have the right to remodel, renovate and refurbish the

premises, or to construct new facilities, including either a temporary or permanentmaintenance facility. To the extent reasonably necessary or desirable for the Operator to useand manage the Facility, the Operator may erect or install within the Facility alterations,additions, or equipment that do not alter the aesthetic or structural integrity or basicconfiguration of the Facility. In doing so, the Operator shall comply with all applicablegovernmental laws, statues, ordinances, codes, and regulations regarding structures.

B. Prior Approval: The Operator shall provide and submit plans and specifications for any andall alterations, additions, remodeling, renovation, replacement or refurbishment to the Directorfor prior review and written approval. Prior to commencing any alterations, additions,remodeling, renovation, replacement or refurbishments of or to the Facility, the Operator shallprovide the City with proof of insurance satisfactory to the City. Operator shall also providethe City with proof of insurance satisfactory to the City for all Sub-contractors of the Operator.The Operator shall also provide the City with proof satisfactory to the City that the Operatorhas funds available sufficient to complete any such work, including reasonable contingencyreserves. All improvements to the Facility made by the Operator will be at the Operatorsexpense, in a good and workmanlike manner, in compliance with applicable building codes,and free and clear of any liens and encumbrances. All improvements to the Facility or anypart thereof will become part of the Facility and shall remain upon and surrendered with thepremises as a part thereof at the end of the contract term without disturbance, molestation orinjury.

C. Business Inclusion and Development Plan: The Operator and its engineers, constructionmanager, contractors and subcontractors will make the required good faith effort to hire andcontract with certified minority and women-owned business enterprises, in compliance withthe Citys Business Inclusion and Development (BID) Plan.

D. Failure of Systems: In the event of structural or mechanical failure of an essential Facilitycomponent or system, or the need to modify or replace an essential Facility component as aresult of a requirement imposed by any government, the Operator shall be solely responsiblefor the costs of completing the necessary repairs and/or modifications.

E. City Rights to Improve: The City reserves the right to repair, replace or modify anycomponent or system of the Facility at its sole discretion, subject to appropriation andrequired City approvals.


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2.12 PropertyA. Ownership: All property furnished by the City under the Contract shall remain the property of

the City. Maintenance, repair, alteration, addition and replacement of all structures,equipment and furnishings supplied by the City or Operator during the Contract shall be atthe expense of the Operator. Upon termination of the Contract, the Operator shall render anaccounting of all such property which has come into its possession under the Contract. Anyproperty contained within the Facility that is lost or damaged, resulting from improper use or

negligence by Operator personnel, shall be replaced or repaired at the sole expense of theOperator. All alterations, additions and replacements of structures, equipment and furnishingsshall be approved by the Director.

B. Loss or Damage: The City shall not be responsible for any goods, merchandise orequipment stored at the Facility, nor shall it be responsible for loss or damage resulting froma power failure, flood, fire, explosion, theft, accident and/or any other cause.

C. Use: The Facility and all City property shall be used only official performance of this Contract.

2.13 Access to the FacilityA. City Access: The City and its authorized officers, employees, agents, contractors,

subcontractors and other representatives shall have the right (at such times as may bereasonable under the circumstances and with as little interruption of the Operator'soperations as is reasonably practicable) to enter upon and in the premises for the followingpurposes:

(1) Inspection: To inspect such premises to determine whether the Operator has compliedand is complying with the terms and conditions of the Contract.

(2) Access: To gain access to the mechanical, electrical, utility and structural systems of theFacility for the purpose of maintaining, repairing or modifying such systems.

(3) Loss Control: The Operator will allow City Property insurer's loss control engineersaccess to premises for inspections and will comply with their recommendations.

2.14 LiensThe Operator recognizes and understands that no liens may be secured against public propertyas a matter of law, and agrees to keep the premises and all fixtures and purchased propertylocated thereon free from any and all claims or purported liens arising out of any work performed,materials furnished, or obligations incurred by the Operator, its on-site management, employees,and subcontractors, and shall reimburse the City for any attorney's fees incurred in the defense ofproceedings to enforce or foreclose such liens including actions brought by the City to removeany such unlawful liens.

2.15 Labor ForceA. Staffing Levels: The work required shall be performed at the quality standards level, or

higher than that outlined herein. If in the conduct of the work, it is determined that theOperator has not provided for sufficient personnel, additional work force shall be engaged bythe Operator, at no cost to the City, to provide the quality of work outlined in the specificationsand as required by the City. This level of work force shall be provided at all times, regardlessof vacations, sick leave, or other causes.

B. Staff Quality: The Operator shall employ only such managers, superintendents, supervisors,and workers who are careful, competent and fully qualified to perform the duties of tasksassigned to them and shall secure the summary dismissal of any person or personsemployed by the Operator or its Sub-contractors on or about the work site who shall


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misconduct him/herself or be incompetent, disrespectful, intemperate, dishonest, or otherwiseobjectionable or neglectful in the proper performance of his/her duties or who neglects orrefuses to comply with or carry out the directions of the Operator. Operator agrees that allOperator or Sub-contractor employees shall submit to, and pass a police backgroundinvestigation and/or a polygraph examination upon request.

C. Environmental Policy: Contractors employees shall be familiar with the Citys

environmental policy, especially with regard to spill response and proper chemical storage.The City will provide the Contractor with the necessary information to share with theiremployees.

D. Supervision by Operator:

(1) All supervisory and working supervisory personnel shall understand and speakEnglish fluently, able to understand instructions and communicate to those beingsupervised the nature of the job and what is to be accomplished.

(2) When the work of the Contract is being carried out, the Operator or an authorizedcompetent representative shall be present on the work site at all times, or asotherwise specified by individual locations within these specifications.

(3) The personnel employed by the Operator shall be capable employees, qualified insuch work. At all times, the Operator shall staff the Facility with trained andexperienced personnel.

(4) A fully qualified work force shall be on board at the inception of the Contract and shallbe maintained throughout the term of the contract. All personnel shall receive closeand continuing first line supervision by the Operator.

(5) All Operator and Sub-contractor employees shall be at least 16 years of age.

(6) Each employee shall be a citizen of the United States of America, or an alien who hasbeen lawfully admitted for permanent residence, as evidenced by Alien RegistrationReceipt card or who presents other evidence from the Immigration and NaturalizationService that employment shall not affect his immigration status. Acceptable evidenceshall consist of a birth certificate or appropriate naturalization papers.

(7) The Operator shall ensure that all employees assigned are in good general health,without physical defects or abnormalities which would interfere with the performanceof duties. They shall be free from any communicable disease.

2.16 Wage RatesOperator agrees to pay not less than the minimum wage rates established by law.

2.17 Complaints and Non-PerformanceThe Operator shall develop a system for resolving and recording complaints, and recording thecorrective action taken. The Operator shall make readily available to Facility users information onthe procedure for reporting complaints.

2.18 Reports, Audits, and ReviewA. Reports: The Operator shall submit a monthly report to the City in the form provided by the

Director. Such reports shall include an accounting of the services provided, events held at theFacility, attendance, services provided by Operator and Sub-contractors, andrevenue/expense statements for all revenue and expense streams.


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B. Independent Audit: An audit for the most recently completed fiscal year shall be submittedannually as soon as the audit is completed but no later than 6 months after the completion ofCitys fiscal year on September 30. The audit of financial statements shall be conducted by acertified professional accountant in accordance with generally accepted accountingprinciples; reviews or compilations are not acceptable substitutions for the audited financialstatements.

C. Audit and Review: City may review any and all of the services performed by Operator underthis Contract. City is granted the right to audit, at Citys election, all of Operators records andbillings relating to the performance of this Contract. Operator agrees to retain such recordsfor a minimum of three (3) years following completion of this Contract. Any payment,settlement, satisfaction, or release made or provided during the course of performance of thisContract shall be subject to Citys rights as may be disclosed by an audit under this section.

Section 3 - Proposal Process

3.1 Specification Review and Clarification

A. A Pre-Proposal Conference will be held at the date, time and location stated on the RFPSignature Page, or as updated by addendum. Attendance is strongly encouraged. Thisconference is a scheduled time for Proposers to ask questions pertaining to the proposal.Proposers are encouraged to attend the pre-proposal conference to provide input andcomments regarding the specifications. All questions must be submitted to the Buyer inwriting no later than seven working days prior to the proposal due date. Please contact theBuyer, Sandy Baxter at [email protected] or 214 670-3446 with anyquestions.

B. Any adjustments to the Specifications shall be posted as an addendum on the AdvantageVendor Self Service Website,www.bids.dallascityhall.org, for prospective Proposers.

C. No other informational meetings shall be held. In fairness to all potential Proposers, only the

Buyer may discuss the terms of this solicitation.

3.2 Proposal SubmissionA. Sealed proposals are to be submitted by the Proposers responding to the Operational

Management Specifications no later than 2:00 p.m. on the due date specified on the RFPSignature Page. Proposals shall be delivered by mail or in person to the BusinessDevelopment and Procurement Services office at Dallas City Hall, 1500 Marilla St, Room 3FN,Dallas, TX 75201.

B. It may be necessary for the City to request supplemental information from individualrespondents after proposals have been submitted and reviewed. Such information will berequested in writing by the Buyer to the specific respondent and will be used by the City inevaluating the proposal. This information will not be shared with other respondents during the

evaluation and award process.

3.3 Required DocumentationDocuments that shall be submitted as part of the proposal process include:

A. Evidence of Qualifications: To provide information with regard to these minimumqualifications, the following shall be submitted with the proposal:

(1) A cover page that indicates the following information:
mailto:[email protected]:[email protected]://www.bids.dallascityhall.org/http://www.bids.dallascityhall.org/http://www.bids.dallascityhall.org/http://www.bids.dallascityhall.org/mailto:[email protected]


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a) Proposers entity name and mailing address

b) Proposers current legal status (corporation, partnership, sole proprietor, etc.)

c) Federal ID number or social security number

d) Primary Contact Person and Alternate Contact Persons name, title, phone

number, fax number and email address

e) Signature of authorized corporate officer for each entity proposing individuallyor as a partnership or team

(2) A one-page Statement of Interest that briefly describes the Proposers uniquequalifications as they pertain to this particular project.

(3) A Narrative Summary of not more than four (4) pages in length that includes the natureand structure of the proposed management and operation agreement and how theproposal addresses each of the goals. This narrative summary shall include detailsregarding the Proposers plan for maintenance, management, operations andmarketing of the Facility.

(4) A one-page Statement of Qualifications to include summary of relevant backgroundand experience in managing, operating and marketing comparable facilities.Certification of the ability to begin full operations upon award of Contract.

(5) A proposed organizational chart, job descriptions and the qualifying experiencerequired for each position. Additionally, bios and resumes of key personnel who wouldmanage the Facility should be included. This section of the proposal shall not exceedfive (5) pages.

(6) A one (1) to two (2) page description of Proposers office, location, permanent staffsize, and any additional material that would support the Proposers ability to performthe demands of a Contract.

(7) A preliminary Operating Pro Forma showing the methodology for maintenance andoperations of the Facility. This section of the proposal shall not exceed three (3) pages.

(8) A preliminary rental and use fee schedule that includes rates for different types ofevents. This section of the proposal shall not exceed two (2) pages.

(9) A ticket sales plan that addresses both rentals and Proposers own events (if theProposer generates its own events). Any ticket surcharge that is planned to be chargedshall be outlined in the plan. This section of the proposal shall not exceed two (2)pages.

(10) A Facility Utilization and Marketing Plan for maximizing overall usage of the Facility,giving particular emphasis to marketing sponsorship and naming rights and marketingthe Facility as a premier venue for local, regional, national and international athleticevents and competitions. Additionally, a marketing plan that would bring national andinternational soccer matches to the Cotton Bowl stadium at Fair Park. This section ofthe proposal shall not exceed three (3) pages.

(11) A financial statement, including the Proposers assets and liabilities at the close of themost recent accounting period. Said statement is to be certified by a certified publicaccountant. In addition, the Proposer shall submit financial statements for each ofthree years preceding the most current statement.


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(12) Proposed annual operating budgets for the periods January 1, 2013 through December31, 2013, and January 1, 2014 through December 31, 2014. Each budget shall show adetailed breakdown of both anticipated expenses and revenues, to include anyproposed management fee to be paid to the City or a plan for shared revenues,concession fees, etc. Include a proposed annual operating budget for each of thethree scenarios described in Section 1.2 B above.

(13) Listing of key tasks to be completed by Proposer upon signing of Contract and prior toassuming on-site management responsibility for the Facility. Include proposed timelineand estimated costs.

(14) Description of plan to address anticipated uses for the Facility for 2013 and beyond.

(15) Background materials such as letters of support and information pertaining toProposers qualifications, facility management, operation and marketing experience.This section of the proposal shall not exceed five (5) pages.

(16) A manual of proposed operational procedures or a sample manual of operatingprocedures for a facility currently under the management of the Proposer.

(17) A descriptive list of items of equipment and furnishings, including costs that theProposer proposes to provide in compliance with these Specifications.

(18) A list of no less than four (4) clients, with names and phone numbers of contacts, thatcan attest to the Proposers capacity to provide the services requested in this Proposal.Ideally, the references should include clients to whom the Proposer has providedoperational management services within the past three (3) years.

B. Other Documents:

(1) Conflict of Interest form

(2) Business Information Form

(3) Environmental Affidavit

(4) BID Affidavit (BDPS-FRM-203) *

(5) Ethnic Workforce Composition Report (BDPS-FRM-204) *

(6) Affidavit History of M/WBE Utilization Form (BDPS-FRM-205) *

(7) Affidavit Type of Work by Prime and Sub-consultant (BDPS-FRM-206) *

(8) Affirmative Action Plan (see BDPS-PRO-204)

* Forms 203, 204, 205 and 206 will be scored: see Section 4.3 D

C. If the Proposer has any concerns regarding its ability or willingness to meet with any termsand conditions expressed in this RFP or in the attached sample contract, please include astatement that addresses the particular terms and any alternative language preferred by theProposer.

D. City reserves the right to require additionalinformation as deemed necessary to ascertain thequalifications of the Proposer.


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3.4 Format for ProposalEach Proposal shall be contained in one (1) three-ring binder with a maximum size of two (2)inches in diameter.

A cover letter and table of contents should be provided on the front of the binder Binder cover shall identify the name of the respondent and the name of the project for which

the Proposal is submitted (Operational Management of the Elm Fork Athletic Complex, RFP

BLZ1312) Separate and identify each response to Section 3.3 A (1-18), Section 3.3 B, Section 3.3 C,and BID Plan documents, Section 1.2 B (1-3), using divider sheets with an integral tab forready reference.

Use vertical format on 8 x 11 paper, double-sided if possible Number all the pages consecutively Submit original, marked original and eight (8) identical copies of each Proposal.

3.5 Oral PresentationsIf deemed necessary, the City may, after the initial proposal evaluations, schedule oralpresentations with any or all Proposers.

3.6 Disqualification of ProposerProposer may be disqualified for any of the following reasons:

A. Reason to believe collusion exists among the Proposers

B. The Proposer is involved in litigation against the City

C. The Proposer is in arrears on an existing Contract or has failed to perform on a previousContract with the City

D. Failure to complete RFP forms as requested

E. Failure to meet Specifications

F. The decision of the City as to the acceptability of the qualifications of the Proposer shall befinal.

3.7 Due DateSealed proposals are to be received at the Business Development and Procurement Servicesoffice at Dallas City Hall, 1500 Marilla St., Room 3FN, Dallas, TX 75201 by the time and dateidentified on the RFP Signature Page, or as updated by addendum.

Follow the instructions in the official advertisement and City of Dallas website,www.bids.dallascityhall.org, from which the RFP Packet is downloaded from for instructions toaddress any questions you may have concerning the RFP.

3.8 Public InformationAll information, documentation, and other materials submitted in response to this RFP are aresubject to public disclosure under the Texas Public Information Act after the solicitation iscompleted and contract executed with the selected Proposer.
http://www.bids.dallascityhall.org/http://www.bids.dallascityhall.org/http://www.bids.dallascityhall.org/


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Section 4 - Selection Process

4.1 Request for Proposals

This RFP shall serve to select a new Operator for the Elm Fork Athletic Complex. The RFPprovides information necessary to prepare and submit a proposal for consideration and rankingby the City of Dallas. Based on the evaluation criteria established for this proposal, each properlysubmitted proposal will be reviewed, evaluated and ranked by the City. Based on this ranking, theCity will select one firm to contract as the new operator for the Elm Fork Athletic Complex.

Acceptance of Evaluation Methodology: By submitting its proposal in response to this RFP,Proposer accepts the evaluation process as outlined in this RFP and acknowledges and acceptsthat determination of the most qualified firm offering the best value to the City may requiresubjective judgments by those evaluating the proposals.

4.2 Selection Process Estimated Schedule

Advertisement of RFP January 3, 2013

Pre Proposal Meeting January 15, 2013

Request for Proposals Due (unless extended by addendum) February 6, 2013

Oral Presentations (if necessary) TBD

City Council authorization of contract (projected) June 2013

Elm Fork Athletic Complex, ready for play (projected) September 2013

4.3 Criteria for Review and EvaluationThe following criteria shall be used to evaluate and determine the ranking for the proposals:

A. Proposers Experience and Qualifications (Max 35 points):

(1) Demonstrated knowledge and ability to successfully maintain, manage and operatefacilities of comparable nature;

(2) Knowledge of the sporting events industry, including marketing, selling sponsorshipand naming rights, booking, scheduling, ticketing and event planning;

(3) Experience working with the Dallas Convention & Visitors Bureau Office of SportsMarketing, or similar agency(s) in other city(s), to market, attract, promote and stage

regional and national tournaments for soccer, rugby, lacrosse, field hockey, archeryand other sports.

(4) Experience marketing, promoting and staging national and international soccermatches at stadium venues with a seating capacity in excess of 20,000;

(5) Organizational structure and qualifications of key individuals.

B. Proposers plan for the management and operations ofEFAC (Max 35 points):


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(1) The proposed plan for the management and operations of the Facility and how it workstoward achieving the Citys goals for the long-term management and operations ofEFAC;

(2) Value of the Proposers financial contribution to the project, both short and long-term,including effects of each of the three scenarios described in Section 1.2 B above;

(3) Sound fiscal plan for current and future management, operation and maintenance ofthe Facility;

(4) Strategy to maximize the use of the Facility and emphasize its attractiveness as apremier venue for high-profile sporting events.

C. Proposers plan for operating subsidy from the City and/or revenue-sharing with the Cityover the contract term and extensions. Revenue sharing options can include options forcapital improvements over the life of the contract. (Max 15 points)

D. Demonstrated inclusion and commitment to and understanding of the Citys BusinessInclusion and Development (BID) Plan (Max 15 points)

It is the policy of the City of Dallas to involve Minority and Women Business Enterprises(M/WBE) to the greatest extent feasible on the Citys construction, procurement andprofessional services contracts.

The following information shall be submitted with the proposal and shall include:

(1) Affirmative Action Plan or Policy 1 point

(2) Ethnic Workforce Composition Report (BDPS-FRM-204) 1 point

(3) RFP/RFQ Contractors Affidavit History of M/WBE Utilization Form (BDPS-FRM-205)documenting the history of M/WBE utilization on previous contracts 4 points

(4) RFP/RFQ Contractors Affidavit Type of Work by Prime and Sub-consultant Form(BDPS-FRM-206) which includes a significant number of diverse M/WBE firms inmeaningful roles on the project 7 points

a) The name, address and telephone number of each M/WBE

b) The description of the work to be performed by each M/WBE; and

c) The approximate dollar amount/percentage of the participation

(5) Business Inclusion and Development Affidavit (BDPS-FRM-203) which demonstratesthe intent to comply with the policy and evidence of M/WBE inclusion to meet the BIDgoal for the project. The BID Affidavit exhibits evidence of acknowledgement of theCity of Dallas BID Plan 2 points

4.4 Evaluation of ProposalsThe City will evaluate the proposals and submit a recommendation to the Park Board and CityCouncil for approval. The City may, in its sole discretion, expand or reduce the criteria uponwhich it bases its final decision regarding the selection of an Operator. The final selection, if any,will be the proposal which best meets the requirements set by the City.


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4.5 Contract AwardUpon selection of a successful Proposer, the City and the Proposer will negotiate a final contract,based on the terms outlined in this RFP. A sample agreement, with the general terms for the finalcontract, is attached as Sample Contract for Services. By submitting a proposal, the Proposeragrees to be bound by these terms and conditions unless otherwise noted in the Submittal. Thefinal contract is subject to Park Board and City Council approval.

Section 5 - Contract

5.1 Award of ContractA. The City intends to award this Contract in its entirety to the Proposer determined to be most

advantageous to the City.

B. The City of Dallas reserves the right to reject any and all proposals and to waive any and allirregularities and formalities where it is in the best interest of the City and the Facility. Thesubmission of a proposal not in keeping with the City's goals and which could adversely affectthe City of Dallas' public image shall not be accepted. The City reserves the right to withholdthe award of the Contract for a reasonable period of time and no award shall be made untilinvestigations are completed as to the capabilities of Proposers.

C. The Contract Documents shall be drafted by the City Attorney's Office and tailored for thisoverall operational agreement. The Operator shall be required to sign the Contract prior toCity Council approval, and provide all documents required within fifteen (15)days after awardof the Contract by City Council. The Contract shall be governed by and construed inaccordance with the Charter and ordinances of the City, as amended, and all applicable Stateand Federal Laws. The obligations of the parties to the Contract shall be performable in theCity of Dallas, Dallas County, Texas, and if legal action is necessary in connection therewith,exclusive venue shall lie in Dallas County, Texas.

D. The City's Contract shall be with the successful Proposer only, and shall not include any third

party arrangement.

E. In the event that the successful Proposer does not fulfill the immediate obligations of theContract (acquisition of proper insurance, etc) within fifteen (15) days following contractexecution, the award of the Contract may then be made to the next most advantageousresponsive and responsible Proposer, or the City of Dallas may, as its exclusive option,decide to request for new proposals.

5.2 Assignment of ContractA. No Assignment: The Operator shall not assign, transfer, sublet, convey or otherwise

dispose of the Contract or any part therein or its right, title or interest therein or its power toexecute the same to any other persons, firm, partnership, company or corporation without theprior written consent of the Director. Should the Operator assign, transfer, sublet, convey orotherwise dispose of its right, title or interest or any part thereof in violation of this section, theCity, at its discretion, may cancel the Contract and all rights, title and interest of the Operatorshall therein cease and terminate, and the Operator shall be declared in default.

B. Sub-Contracting: The Operator may further sub-contract any portion of the Contract, butshall first obtain written approval from the Director. Any such Sub-contractors shall beprepared to meet the same guidelines and standards set forth in this specification. If any Sub-contractor intends to use its own Sub-contractor(s), every effort shall be made to hire minorityand women-owned firms, and the Sub-contractor shall specifically agree to make all


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reasonable efforts to meet or exceed the City's BID goals for the utilization of such firms.

5.3 IndemnityA. The Operator shall agree to defend, indemnify and hold the City, its officers; agents, and

employees harmless against any and all claims, lawsuits, judgments, costs, and expenses forpersonal injury (including death), property damage or other harm for which recovery ofdamages is sought that may arise out of or be occasioned by the Operator's intentional or

negligent breach of any of the terms or provisions of this contract, or by any other negligentor strictly liable act or omission of the Operator's, its officers, agents, employees, tenants, orsubcontractors, in the performance of this contract; except that the liability resulting from thesole negligence of the City, its officers, agents, or employees. In the event of joint andconcurrent negligence of the City and the Operator responsibility, if any, shall be apportionedcomparatively in accordance with the law of the State of Texas, without waiving anygovernmental immunity available to the City under Texas law and without waiving anydefense of the parties under Texas law. The provisions of this paragraph are solely for thebenefit of the parties hereto and not intended to create or grant any rights, contractual orotherwise, to any other person or entity.

B. Anything herein to the contrary notwithstanding, the City shall not be liable or responsible forany failure to furnish the services set forth above occasioned by strike or other work

stoppage. Federal, State, or local government action, breakdown, or failure of apparatus,equipment or machinery employed in supplying the said services, any temporary stoppagefor the repair, improvement or enlargement thereof or any act or condition beyond itsreasonable control.

5.4 DefaultA. Events of Default: The following events shall be deemed to be events of default by Operator

under this Contract:

(1) Operator shall become insolvent, or shall make a transfer in fraud of creditors, or shallmake an assignment for the benefit of creditors.

(2) Operator attempts to assign the Contract without the prior written consent of the Director;or

(3) Operator shall fail to perform, keep or observe any term, provision or covenant of theContract to be performed, kept or observed.

B. If an event of default occurs, the Director shall give the Operator written notice of the default.If the default is not corrected to the satisfaction and approval of the Director within thirty (30)days of receipt of such notice by the Operator, the City may immediately replace theOperator. The City shall not pay any expense to the Operator resulting from this action.

C. At the direction of the Director, the Operator shall vacate the facilities and shall have no rightto further operate under the Contract.

D. Within forty-eight (48) hours after such demand by the City, the Operator, under thesupervision of the Director, shall remove all equipment and supplies to which he is properlyentitled, as specified herein.

E. The Operator in accepting the Contract agrees that the City shall not be liable to prosecutionfor damages or lost anticipated profits in the event that the City cancels or terminates thisContract.

F. No waiver by the City of any default or breach of any covenant, condition, or stipulation


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herein contained shall be treated as a waiver of any subsequent default or breach of thesame or any other covenant, condition, or stipulation hereof.

5.5 Termination for ConvenienceThe City may, at its option and without prejudice to any other remedy to which it may be entitledat law or in equity, or elsewhere under this Contract, terminate this Contract, in whole or in part,by giving thirty (30) days written notice thereof to the Operator with the understanding that all

work being performed under the Contract shall cease upon the date specified in such notice. TheCity shall compensate the Operator in accordance with the terms of the Contract for the Workperformed prior to the date specified in such notice and any existing unamortized capitalinvestment.

5.6 Notices after Contract AwardA. Any notices, payments, statements, or demands required or permitted to be given hereunder

by either party to the other may be effected by personal delivery in writing or by mail, postageprepaid. Mailed notices shall be addressed to the parties at the addresses appearing below,but each party may change its address by written notice in accordance with this section.Mailed notices shall be deemed communicated as of three days after mailing.

B. All notices required or permitted to be given to the City shall be mailed to the Director, Parkand Recreation Department, 1500 Marilla Street, Room 6FN, Dallas, TX 75201.

C. All notices required or permitted to be given to the Operator shall be presented to theOperator or mailed to the address indicated in the proposal, unless the Operator shall notifythe Director in writing of a change of address.

5.7 MiscellaneousA. Operator shall thoroughly familiarize itself with the provisions of these Specifications and the

nature of the proposedFacility. After executing the Contract, no consideration shall be givento any claim of misunderstanding.

B. In the event that either party hereto is prevented from completing its obligations under the

Contract by act of God, strike, lockout, material or labor restrictions by any governmentalauthority, civil riot, flood or any cause beyond the control of the parties hereto, then suchparty shall be excused from such performance for such period of time as is reasonablynecessary after such occurrence to remedy the effects thereof.

C. The section headings in these Specifications are for convenience in reference and are notintended to define or limit the scope of any of the conditions, terms or provisions of theseSpecifications.

D. Should any question arise as to the proper interpretation of the terms and conditions of theseSpecifications, the decision of the City Attorney shall be final.

E. No notice to the Operator to quit possession at the expiration date of the term of this

Agreement shall be necessary. Operator covenants and agrees that at the expiration date ofthe term of the Contract, or at the earlier termination hereof, it shall peaceably surrenderpossession of the premises in good condition, reasonable wear and tear, and acts of Godexcepted, and the City shall have the right to take possession of the Facility or any portionthereof without being liable for prosecution or any claim of loss or damages thereof.

F. The Operator shall not allow the distribution of campaign or political literature of any kind byany employee at any time at the Facility.


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5.8 Conduct of WorkAny work which is unsatisfactory to the Director shall be called to the attention of the Operatorand the Operator shall be required to properly service the areas in question by commencement ofwork the following day, and to take steps to improve the overall results in the future. Failure bythe Operator to comply with such requests shall result in the corrective work being done by otherswith the cost charged to the Operator, and deductions being imposed as stated in Complaints andNon-performance, or in termination of the Contract.