HomeMy WebLinkAboutContract 33127 CITY SECRETARY
,ONTRACT NO. c-)2of
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
PROFESSIONAL SERVICES CONTRACT
This contract is made by the City of Fort Worth,Texas, a home rule municipal corporation of
the State of Texas, located in Tarrant, Denton and Wise Counties, Texas, hereinafter referred to as the
"City" and Steve Plumer, D.B.A. Plumer Golf Design in the State of Texas, hereinafter referred to
as the "Consultant".
1. PURPOSE
The purpose of this contract is for the City to receive, and the Consultant to provide, professional
design services related to sand bunker renovations at the Meadowbrook Golf Course located at 1815
Jenson Road,Fort Worth, Texas 76112. (Project)
2. SCOPE OF SERVICES
I. Preliminary Design Phase
Consultant shall work closely with representatives of the City to identify the Project requirements,
and to identify development constraints based on the Consultant's past experiences with projects
similar in nature, as well as its knowledge of golf course design practices associated with the
proposed construction. Services under this phase shall include:
A. Consultant shall meet with City representatives to discuss concerns, objectives, and
goals the City has related to the Project and to obtain ideas they have for the golf course.
B. Consultant will make necessary site visits to the golf course site to familiarize the
design team with the property. During this visit, Consultant will spend the necessary time
to evaluate the golf course, make preliminary sketches, take necessary photographs, and
determine design solutions for the improvements. After the initial site visit, Consultant
will prepare layout schematics to incorporate the expressed vision and goals collected
from the initial meetings and the time spent at the golf course.
C. Consultant will consolidate the schematics into a preliminary plan(s) showing
proposed improvements to all sand bunker(s) on the golf course. The Plan will be in
schematic form pending further refinement. After this preliminary plan has been
developed, a meeting between Consultant and the City representative's will be required to
discuss actions and alternatives to the preliminary plan. A preliminary cost projection for
construction will be developed and presented along with the preliminary plan. In the City's
discretion, the City may have the Project Manager or City Engineer present at this meeting
to discuss the actions necessary to obtain the necessary permits for the construction.
Consultant is not directly responsible for obtaining the necessary permits required for "the
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construction on the golf course. An Engineer for the project is not included in
Consultant's fee, and will be the responsibility of the City.
II. Construction Drawing Phase
After the Preliminary Plan is completed, Consultant will prepare the Construction Drawings
required to construct the Project. Consultant will provide architectural plans for the sand
bunkers. Consultant will supply the following plans:
1 Grading Plan Detail @ 1"= 30'
2 Drainage Plan Detail @1"=30'
3. Grassing Plan @ V = 100'
4. Construction Details
5. Specification as needed
Additional plans such as an irrigation plan for each disturbed area is not included, and is the
responsibility of the City.
These plans will be of sufficient detail for a qualified golf course contractor to construct the
improvements.
Observation Report after each visit to the project site and distribute to you and other necessary
parties.
M. Construction Observation Phase
Consultant will provide necessary design support during construction by making periodic visits to
observe the quality of construction, communicate with the contractor, and to answer any
questions or concerns the City may have. Consultant will make a minimum of eight (8) visits
during the construction process, and will be available at all times for telephone conversations
Observation Report after each visit to the project site and distribute to you and other necessary
parties.
2. COMPENSATION
In consideration of the above professional services, Consultant shall be compensated a fee of
$15,900.00 (Fifteen Thousand Nine Hundred Dollars and No/100). In accordance with the extent
of the work performed, payments shall be as follows:
1. Initial Payment upon execution (15%) $2,385.00
2. Preliminary Planning Design Phase (25%) $3,975.00
3, Construction Drawing Phase (45%) $7,155,00
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4. Construction Observation Phase(15%) $2,385.00
Total $15,900.00
Invoices will be sent on the first of the month for the percentage of work complete. Payments are
due within thirty (30) days of the invoice date. The figures listed above do not include expenses
incurred during the project, such as printing, postage.
All expenses incurred, which are typically associated with a project such as this, will be billed at
cost and be reflective on each invoice.
Design fee figures are based on sufficient information provided by the City for Consultant to use
as base material during the project, consisting of topographic information, aerial photographs, and
recent design plans showing recent improvements, as-built plans on irrigation locations, drainage
pipe locations, and on-site easements or setbacks, etc. All drawings associated with this proposal
will be generated by hand, and remain the property of Consultant.
Individual site surveys at each improvement location to determine actual locations of edge of
existing greens, sand bunkers, cart paths, trees, and other important site information is not
included in the basic fee, and will be considered extra.
3. TERM
The term of this Agreement shall commence upon the date of its execution, and conclude on
August 31, 2006, unless terminated earlier as hereinafter provided.
4. TERMINATION
A. Only the City may terminate this Agreement for any cause by giving Consultant 30
days' written notice. Either the City or Consultant may terminate this Agreement for cause if either
party fails substantially to perform through no fault of the other and does not commence correction of
such nonperformance with 5 days of written notice and diligently complete the correction thereafter.
B. If this Agreement is terminated for the convenience of the City, Consultant will be paid
for termination expenses as follows:
1. Cost of reproduction of partial or complete studies, plans, specifications or other forms
of Consultant's work product;
2. Out-of-pocket expenses for purchasing storage containers, microfilm, electronic data
files, and other data storage supplies or services;
3. The time requirements for the Consultant's personnel to document the work underway
at the time the City's termination for convenience so that the work effort is suitable for long
time storage.
4. Prior to proceeding with termination services, Consultant will submit to the City an
itemized statement of all termination expenses. The City's approval will be obtained in writing
prior to proceeding with termination services.
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5. OWNERSHIP OF DOCUMENTS CREATED UNDER THIS AGREEMENT
All designs, drawings, specifications, documents, reports and other work products of Consultant,
whether in hard copy or in electronic form, are instruments of service for this Project, whether the
Project is completed or not. Reuse, change, or alteration by the City or by others acting through or on
behalf of the City of any such instruments of service without the written permission of the Consultant
will be at the City's sole risk. The CITY shall own the final designs, drawings, specifications, reports
and documents.
6. INDEMNIFICATION; LIABILITY
CONSULTANT AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS
OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND
ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH,
THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY(i) CONSULTANT'S
BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii)
ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF
CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES,
CONTRACTORS (OTHER THAN THE CITI) OR SUBCONTRACTORS, RELATED TO
THE PERFORMANCE OF THIS AGREEMENT, EXCEPT THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY
RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS,
AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF
JOINT AND CONCURRENT NEGLIGENCE OF BOTH CONSULTANT AND CITY,
RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN
SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL
IMMUNITY AS FURTHER PROVIDED BY THE LAWS
7. INSURANCE
A. Consultant shall provide to the City certificate(s) of insurance documenting policies of
the following coverage at minimum limits that are to be in effect prior to commencement of work on
the Project:
Professional Liability
$500,000 each claim/annual aggregate
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B. Certificates of insurance evidencing that Consultant has obtained all required insurance shall be
delivered to the City prior to Consultant proceeding with the PROJECT.
1. Applicable policies shall be endorsed to name the City an Additional Insured, as its interests
may appear. The term City shall include its employees, officers, officials, agents, and
volunteers as respects the contracted services.
2. Certificate(s) of insurance shall document that insurance coverage required herein are
provided under applicable policies documented thereon.
3. Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements.
4. A minimum of thirty (30) days notice of cancellation or material change in coverage shall
be provided to the City. A ten(10)days notice shall be acceptable in the event of non-payment
of premium. Such terms shall be endorsed onto Consultant's insurance policies. Notice shall
be sent to Randle Harwood, Director of Parks and Community Services, City of Fort Worth,
1000 Throckmorton,Fort Worth, Texas 76102.
5. Insurers for all policies must be authorized to do business in the state of Texas or be
otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of
their financial strength and solvency.
6. Deductible limits, or self-insured retentions, affecting insurance required herein shall be
acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative
coverage maintained through insurance pools or risk retention groups must be also approved.
Dedicated financial resources or letters of credit may also be acceptable to the City.
7. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City
as respects the Project.
8. The City shall be entitled, upon its request and without incurring expense, to review the
Consultant's insurance policies including endorsements thereto and, at the City's discretion,
Consultant may be required to provide proof of insurance premium payments.
9. The Commercial General Liability insurance policy shall have no exclusions by
endorsements unless the City approves such exclusions. (non applicable to this contract)
10. The Professional Liability insurance policy, if written on a claims made basis shall be
maintained by the Consultant for a minimum two (2)year period subsequent to the term of the
respective Project contract with the City unless such coverage is provided the Consultant on an
occurrence basis.
11. The City shall not be responsible for the direct payment of any insurance premiums
required by this agreement. It is understood that insurance cost is an allowable component of
Consultant's overhead.
12. All insurance required herein, except for the Professional Liability insurance policy, shall be
written on an occurrence basis in order to be approved by the City.
13. Sub-consultants to the Consultant shall be required by Consultant to maintain the same or
reasonably equivalent insurance coverage as required for Consultant. When sub-consultants
maintain insurance coverage, Consultant shall provide City with documentation thereof on a
certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event
a sub-consultant's insurance coverage is canceled or terminated, such cancellation or
termination shall not constitute a breach by Consultant of the Agreement.
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8. INDEPENDENT CONTRACTOR
Consultant shall perform all work and services hereunder as an independent contractor and not as an
officer, agent or employee of the City. Consultant shall have exclusive control of, and the exclusive
right to control, the details of the work performed hereunder and all persons performing same and shall
be solely responsible for the acts and omissions of his agents, employees and subcontractors. Nothing
herein shall be construed as creating a partnership or joint venture between the City and the Consultant,
its agents, employees and subcontractors; and the doctrine of respondeat superior shall have no
application as between the City and the Consultant.
9. PROHIBITION OF ASSIGNMENT
Neither party hereto shall assign, sublet or transfer their interest herein without the prior written
consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof
without such prior written consent shall be void.
10. CHOICE OF LAW: VENUE
If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of
this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or
the United States District Court for the Northern District of Texas — Fort Worth Division. This
Agreement shall be construed in accordance with the laws of the State of Texas.
11. MINORITY BUSINESS ENTERPRISES AND WOMAN BUSINESS ENTERPRISES
(notapplicable to this agreement)
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of
minority business enterprises and woman business enterprises in City contracts. Consultant
acknowledges that a M/WBE goal of 25% has been established for this contract and its commitment to
meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the
commission of fraud by the Consultant may result in the termination of this agreement and debarment
from participating in City contracts for a period of time of not less than three(3)years.
12. AUDIT
Consultant agrees that the City will have the right to audit the financial and business records of[other
party] that relate to [nature of project] (collectively "Records") at any time during the Term of this
Agreement and for one (1) year thereafter in order to determine compliance with this Agreement.
Throughout the Term of this Agreement and for one (1) year thereafter, Consultant shall make all
Records available to the City at a location in the City acceptable to both parties following reasonable
advance notice by the City and shall otherwise cooperate fully with the City during any audit.
Notwithstanding anything to the contrary herein, this Section 12 shall survive expiration or earlier
termination of this Agreement.
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13. MISCELLANEOUS
A. This Agreement gives no rights or benefits to anyone other than the City and Consultant and
there are no third-party beneficiaries.
B. The City will make available to Consultant all technical data in the City's possession relating to
the Consultant's services on the Project. Consultant may rely upon the accuracy, timeliness, and
completeness of the information provided by the City.
C. The City will make its facilities accessible to Consultant as required for Consultant's
performance of its services and will provide labor and safety equipment as required by Consultant for
such access. The City will perform, at no cost to the Consultant, such tests of equipment, machinery,
pipelines, and other components of the City's facilities as may be required in connection with
Consultant's services. The City will be responsible for all acts of the City's personnel.
D. City may suspend, delay, or interrupt the services of the Consultant for the convenience of the
City. In the event of such suspension, delay, or interruption, an equitable adjustment in the Project's
schedule, commitment and cost of Consultant's personnel and subcontractors, and Consultant's
compensation will be made.
E. Neither party shall assign all or any part of this Agreement without the prior written consent of
the other party.
F. All written notices called for or required by this Agreement shall be addressed to the
Acting Director of Parks and Community Services, Randle Harwood at 4200 South Freeway,
Suite 2200, Fort Worth, Texas 76115, or such other party or address as either party designates in
writing, by certified mail, postage prepaid, or by hand delivery.
G. Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
H. This Agreement will be subject to all applicable federal, state and local laws, ordinances,
rules and regulations, including, but not limited to, all provisions of the City's Charter and
ordinances, as amended.
I. It is understood that by execution of this Agreement, the City does not waive or surrender
any of it governmental powers.
J. In the event of any dispute over the meaning or application of any provision of this
Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly
for or against any party, regardless of the actual drafter of this Agreement.
K. The provisions and conditions of this Agreement are solely for the benefit of the City and
Consultant, and any lawful assign or successor of Consultant, and are not intended to create any
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rights, contractual or otherwise, to any other person or entity.
L. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
EXECUTED on this Aglay oz�xw'aj , 2006.
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ATTEST: CITY F FORT WORTH:
B
City Secretary Libby atson
Assistant City Manager
APPROVED AS TO FORM
AND L ALITY:
A sistan't i (ttorr
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PLUMER GOLF DESIGN:
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Contract authorization By.
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Page 1 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/10/2004
DATE: Tuesday, February 10, 2004
LOG NAME: 80MBK BONDS REFERENCE NO.: G-14259
SUBJECT:
Authorize Alternate Renovation Plan for Meadowbrook Golf Course and Additional Renovations for
Pecan Valley
RECOMMENDATION:
It is recommended that the City Council authorize staff to proceed with the alternate renovation plan
outlined for Meadowbrook Golf Course and utilize the remaining monies to make additional improvements
at Pecan Valley Golf Course.
DISCUSSION:
In July 1999 (M&C G-12617), the City Council approved the sale of $4.1 million in bonds to conduct
improvements at Pecan Valley "River" and Meadowbrook golf courses. The $2.1 million Pecan Valley
"River" course renovation project rebuilt the golf course including all greens, tees, fairways, and a majority
of the irrigation system. In addition, sand traps and lakes were added, and drainage improved. However,
due to unanticipated project delays at Pecan Valley, a downturn in the economy, an overbuilt market, and
the poor financial condition of the Municipal Golf Fund, renovations to Meadowbrook Golf Course were
delayed.
At the Golf Advisory Committee (GAC) meeting on June 4, 2003, the committee endorsed a motion to
move forward with the renovation of Meadowbrook Golf Course, and have the course remain closed during
the renovation. At this meeting, the GAC asked staff to conduct an additional meeting with the golfers at
Meadowbrook to get any additional input. This meeting was conducted on July 28, 2003, and it was
evident that most golfers in attendance would like to see improvements to the facility, but would not like to
have it closed for a full year. Due to the current financial condition, the Municipal Golf Fund cannot sustain
a long period of lost revenues.
Staff reviewed other methods that would improve the facility, minimize the time the facility would be closed,
and thus minimize the loss of revenue. The following is an outline of how staff, the GAC, Parks and
Community Services Advisory Board (PACSAB), and the City Council's Government and Neighborhood
Relations Committee (GNRC) recommend that this project be accomplished. This method addresses the
goals of our customers, reflects changing economic conditions and enhances Meadowbrook Golf Course.
Phase I - Staff proposes making the following improvements to the pump lake that supplies irrigation, and
the drilling of an irrigation well in FY 2003-2004:
FY 2003-2004
PROJECT BUDGETED COST
Dredge Irrigation Lake $250,000.00
Irrigation Well $150,000.00
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Page 2 of 3
TOTAL: $400,000.00
This work would commence as soon as possible. It is important to ensure there is a good irrigation source
before replanting the greens. A barge dredge would be utilized to minimize any impact to the golf course.
An irrigation well would be drilled approximately 750 feet into the Paluxy Aquifer, and could produce
approximately 60 to 80 gallons per minute. The well would supplement potable water now being utilized
for irrigation, thus reducing long term maintenance and water costs.
Phase II - In FY 2004-2005, staff proposes the majority of work be completed as Phase II:
FY 2004-2005
PROJECT BUDGETED COST
Replant Greens and Turf Nursery $125,000.00
Level and Replant Tees $250,000.00
Renovate Traps $225,000.00
Clubhouse Improvements $ 75,000.00
Patio Pavilion $150,000.00
TOTAL: $825,000.00
This phase consists of the main project components and will have the greatest impact for golfers, as well
as revenues for the division, because it will require closure of the facility. Throughout the winter months,
traps will be renovated with little impact to golfers, and be completed by the time heavy irrigation is
required for the greens and tees grow-in. Clubhouse improvements would also be accomplished during
this time.
Using a similar renovation process to the one utilized at Rockwood Golf Course, the greens and tees
would be stripped of the existing sod, tilled to break up layering in the soil profile, fumigated, and replanted
with Tifdwarf bermudagrass. It is anticipated that this portion of the project can be completed within a
three-month period closing in June, and reopening in September. Under this scenario, it is anticipated that
Meadowbrook can break even, and thus total division revenue loss would be dramatically reduced,
compared to the previous development scenario where the course was scheduled to be closed for 12
months.
Phase III - Staff proposes the following improvements in FY 2005-2006 as Phase III:
FY 2005-2006
PROJECT BUDGETED COST
On Course Restroom Facilities $150,000.00
Drainage Improvements $325,000.00
TOTAL: $475,000.00
The final phase of this project would be to install full service restroom facilities at the current locations of
the existing restrooms. These restrooms would have running water, power for hand driers, and separate
facilities for both men and women. Drainage monies will be utilized for enhancements to the existing
waterways that would help stabilize embankments and prevent erosion.
The remaining monies (approximately $300,000) would be utilized to make additional needed
improvements at Pecan Valley Golf Course to construct a pavilion and install restroom facilities on the
"River" course. These funds would not be utilized until such time as the work at Meadowbrook is complete.
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Both the GAC and the PACSAB unanimously approved a motion to endorse this project plan for funding,
and the schedule, at their regularly scheduled meetings on December 3 and 16, 2003, respectively. Staff
presented this item to the GNRC at its meeting on January 6, 2004, at which time they approved moving
forward with the alternate plan for Meadowbrook Golf Course and utilizing any remaining monies for
additional improvements at Pecan Valley Golf Course. The GNRC will review the proposed improvements
at Pecan Valley Golf Course prior to implementation of those improvements.
Meadowbrook Golf Course is located in COUNCIL DISTRICT 4.
Pecan Valley Golf Course is located in COUNCIL DISTRICT 3.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Golf Capital Improvements Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GC $1,700,000.00
16 541200 080160520120
Submitted for City Manager's Office b Libby Watson (6183)
Originating Department Head: Randle Harwood (Acting) (5704)
Additional Information Contact: George Kruzick (5171)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/6/2006