HomeMy WebLinkAboutContract 50596-A1 AMENDMENT No.1 CITY SECRETARY
OONTRACT NO.,.5 l
TO CITY SECRETARY CONTRACT No. 50596
WHEREAS, the City of Fort Worth (CITY) and Sportscapes Construction,
L.L.C. , (CONTRACTOR) made and entered into City Secretary Contract No.
50596, (the CONTRACT) which was authorized by M&C P-12118 on the 24 day
of October, 2017 in the amount of $ 145, 895 . 00; and
WHEREAS, the CONTRACT involves contract services for the following
project:
Sycamore Park Conversion of Tennis Complex to Soccer Field; and
WHEREAS, it has become necessary to execute Amendment No. 1 to the
CONTRACT to include additional contract requirements and revised fee.
NOW THEREFORE, CITY and CONTRACTOR, acting herein by and through
their duly authorized representatives, enter into the following
agreement, which amends the CONTRACT:
1 .
Article I of the CONTRACT is amended to include the fees associated
with bonding requirements outlined in the General Conditions of the
original contract and specified in an invoice submitted on January 23,
2018, a copy of which is attached hereto and incorporated herein. The
cost to City for the additional bonding requirements by Contractor totals
$4,377. 00. (See Attached Funding Breakdown Sheet, Page -3-)
2 .
Article III of the CONTRACT is amended to provide for an increase in
the fee to be paid to Contractor for all work and services performed
under the Contract, as amended, so that the total fee paid by the City
for all work and services shall be an amount of $150,272. 00.
3 .
All other provisions of the Contract, which are not expressly
amended herein, shall remain in full force and effect .
EXECUTED and EFFECTIVE as of the date last written by a signatory,
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APPROVED:
City of Fort Worth CONTRA C R
Spor sca es Construction, L.L.C.
Fernancto Costa Dan Hodson
Assistant City Manager President
DATE: 6 /8 DATE:
APPROV CO E
Ri hard Zavala
Di ector, Park & Recreation Department
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the
monitori and administration of this contract, including ensuring all
perform ce d re rting requirements .
Scott 'Penn
Dist ' ct Superintendent
APPROVED AS TO FORM AND LEGALITY: M&C:NVJ4��—
Date:
Douglas W. Black
Assistant City Attorney
ATTEST: SOF FART
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iar J. a er
City Secre ary
�XAS
OFFIC7RICO"CITYCity of Fort WorthProfessional Services Agreement Amendment Template F'CFW Official Release 9/19/2017
Page 2 of 3
FUNDING BREAKDOWN SHEET
City Secretary No. 50596
Amendment No. 1
Department Fund-Account-Center Amount
PARD 30100-0800450-5740010-100970-004980 $4, 377 . 00
Total : 3 117
00
City of Fort Worth
Professional Services Agreement Amendment Template
CFW Official Release 9/19/2017
Page 3 of 3
August 10, 2017
Revised August 29, 2017
Revised January 23, 2018
City of Fort Worth -Sycamore Park-Vaqueros
Tips Contract#170205
- Prep and Replace existing Concrete per City of FW Design $8,000
-* Install 2 ea Concrete Pads for Teams, 1 Scorer Table, 1 Entryway $3,000
- Deliver&Install 22,639 Sq Ft of Pure Play Turf&Shock Pad (Attached) $128,506
- Deliver 1 Set of 6.5'x 12'Goals(Attached) $1,635
- Deliver 1 Set of 6.5'x 18.5'Goals(Attached) $1,915
- Deliver Netting and Poles for Backstops (Attached) $2,839
- Bond Purchase Amount $4,377
Includes TIPS/TAPS Fee
$150,272
* See Attached Plan Concrete to be 3500 PSI with Air, 3/8" rebar 18"OCEW
Qualifications:
- Price good for 30 days
-Includes TIPS/TAPS Fee
-Turf needs to be laid out 24-48 hours prior to installation
- Edge detail TBD with Fencing Contractor
Does not include any fencing, grassing, or landscape repair
- Does not include night security, or security fencing
Please contact me if you have any
questions. Thank you for the opportunity
to provide pricing.
Dan Hodson
Sportscpes Construction
P.O. Box 572
Red Oak, TX 75154
214-693-4820
FORTWORTH,
Cityof Fort Worth
Standard Construction Specification
Documents
Adopted September 2011
000000-1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page I of I
SECTION 00 00 00
TABLE OF CONTENTS
Division 00- General Conditions
0005 10 Mayor and Council Communication
0035 13 Conflict of Interest Affidavit
00 45 26 Contractor Compliance with Workers' Compensation Law
00 52 43 Agreement
0061 13 Performance Bond
0061 14 Payment Bond
00 61 25 Certificate of Insurance
00 72 00 General Conditions
1 7300 Supplementary Conditions
Appendix
GC-6.37 Wage Rates
END OF SECTION
CITY OF FORT WORTH [°ycParkSoccerTurfJ
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [ProjeclMJD0970J
FORT WORTH
PROJECT MANUAL
FOR
THE CONSTRUCTION OF
SYCAMORE PARK TENNIS COURTS CONVERSION
TO SYNTHETIC TURF SOCCER FIELD
City Project No.100970
Betsy Price David Cooke
Mayor City Manager
Richard Zavala
Director,Park&Recreation Department
Prepared for
The City of Fort Worth
Park & Recreation Department
2017
N&C Review Page 1 of 2
Officlal site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT WORTH
COUNCIL ACTION: Approved on 10/24/2017
DATE: 10/24/2017 REFERENCE P-12118 LOG NAME: 13P17-0505 SYCAMORE
NO.: PARK JTC PARD
CODE: P TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of a Contract with Sportscapes Construction LLC, Using The Interlocal
Purchasing System Cooperative Contract for the Conversion of the Sycamore Park Tennis
Courts Into a Synthetic Turf Soccer Field in the Amount of$145,895.00 (COUNCIL
DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a contract with Sportscapes
Construction, LLC, using The Interlocal Purchasing System Cooperative Contract for the conversion
of the Sycamore Park Tennis Courts into a synthetic turf soccer field in the amount of$145,895.00.
DISCUSSION:
On May 2, 2017, the City Council authorized entering into an Agreement (M&C C-28220) with the
Fort Worth Vaqueros FC (Vaqueros) to operate and manage a future soccer facility at Sycamore
Park. The Agreement provides that the City would be responsible for all costs associated with the
conversion of the tennis courts to a soccer field up to $183,700.00 and any costs above $183,700.00
would be assumed by the Vaqueros. On September 12, 2017, Mayor and Council Communication
(C-28373) City Council approved a name change in the contract from Fort Worth Soccer Group LLC
d/b/a Fort Worth Vaqueros, FC to Fort Worth Vaqueros Soccer Academy.
In order to complete the conversion of the tennis courts to a soccer field, Staff recommends entering
into a contract with Sportscape Construction, LLC.
In March 2017, The Interlocal Purchasing System (TIPS), a government cooperative purchasing
program, awarded Contract No. 170205 to Sportscape Construction LLC, for Synthetic or Natural
Sports Fields, Courts or Tracks. Staff has received Sportscapes' scope of construction totaling
$145,895.00 to complete the conversion to a synthetic soccer field. This includes the repair of
damaged exisiting concrete, new concrete pads, 22,639 sq. ft. of specified turf and Shock Pad and
goals and netting and poles for backstops. The Park & Recreation Department will also enter into a
separate Agreement with a fencing company to remove the old fence and install a new fence. The
total project cost will also include a 10 percent contingency and will not exceed $183,700.00.
The funding for this project will come from General Capital Projects Fund. Under the Agreement with
the Vaqueros, the cost to convert the tennis courts into a soccer field will be repaid to the City by the
Vaqueros over a 10 year period. In addition, under the Agreement , the Vaqueros are required to
deposit funds into a capital reserve fund to be used for equipment and turf replacement or possible
damage to the complex caused by unforeseen vandalism.
M/WBE OFFICE - A waiver of the goal for MBE/SBE subcontracting requirements was requested by
the Purchasing Division and approved by the M/WBE Office, in accordance with the BDE Ordinance,
because the purchase of goods or services is from sources where subcontracting or supplier
opportunities are negligible.
Sycamore Park is located in COUNCIL DISTRICT 8.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=25271&councildate=10/24/2017 12/11/2017
M&C Review Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the General Capital Projects Fund,
Sycamore Park Renovation Project and that prior to an expenditure being made, the Park and
Recreation Department has the responsibility to validate the availability of funds. Pursuant to the
terms of M& C C-28220 dated May 2, 2017, the City will bill the Fort Worth Vaqueros an amount
equal to the actual expenditures to complete this project over a 10 year period. Any amount over the
$183,700.00 project estimate will be paid upon completion of the project.
BQN117-05051JTC
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Aaron Bovos (8517)
Cynthia B. Garcia (8525)
Additional Information Contact: Jeff Cope (8313)
ATTACHMENTS
17-0505- 1295.pdf
17-0505- Proposal and Agreement.pdf
bttp://apps.cfwnet.org/council_packet/Me—review.asp?ID=25271&councildate=10/24/2017 12/11/2017
AFC�i� CONTRACT INO.
, CITY SECRETARYF
cryo
92
r&CONTRACT FOR SERVICES BETWEEN THE CITY OF FORT WORTH AND
SPORTSCAPES CONSTRUCTION,L.L.C.
For
SYCAMORE PARK
CONVERSION OF TENNIS COMPLEX TO SOCCER FIELD
This Agreement("Agreement"), authorized on October 24, 2017 by M&C P-12118, is by and between
the City of Fort Worth, a Texas home-rule municipal corporation, acting by and through Susan Alanis,
its duly authorized Assistant City Manager("City")and Sportscapes Construction,L.L.C. authorized to
do business in Texas, acting by and through Sportscapes Construction, LLC, its duly authorized
Sportscapes Construction, LLC, ("Contractor")for that certain work to be performed at the Sycamore
Park tennis courts,a four-court facility(the"Tennis Complex").
In consideration of the mutual covenants and terms and conditions set forth herein,the parties agree as
follows:
1. Scope of Work. The Contractor shall perform all work set forth in the Pure-Play Turf Field
Proposal dated July 21,2017 as submitted originally to the Fort Worth Vaqueros Football Club
("Proposal") attached hereto as Exhibit A which shall include, but not be limited to, all labor,
materials, equipment, services, and other items required to complete the work at the Tennis
Complex, unless specifically amended herein, including the tennis court corner repair as
identified on Exhibit A-1,with the facility being compliant with the field drawing as identified
on Exhibit A-2, including delivery and installation of soccer goals as described in PO-18-
00101540, all exhibits incorporated herein for all purposes, ("Work"). The work area at the
Tennis Complex shall remain clean and free of debris and any work shall not impede the
public's use and enjoyment of Sycamore Park. Contactor may install non-permanent fencing to
prevent the public from accessing the Tennis Complex, The Contractor shall comply with the
City's General Conditions, attached hereto as Exhibit C and incorporated herein for all
purposes. Conflicting terms contained in this Agreement shall control over the same or similar
general condition.
2, Contract Term.
a. Commencement. The Work required under this Agreement shall begin no later than DH h
. p� CO vi-h-A�hf�//t p r j l 11013 .(P
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b. Com lotion, The Work required under tk
Agreement shall be completed of later than
1► weh—P,;-�, The parties may agree, in writing, to extend the term of this
Agreement. L' , '� I b r er W h �1^ot vl'dr �1 t10� � s'kqf-�
c. Time of the Essence. Time is of the essence fort is Agreement. h G 11
3. Contract Sum. City shall pay Contractor One Hundred Forty-Five Thousand Eight Hundred I���p OW h
Ninety-Five Dollars and No Cents ($145,895.00) ("Contract Sum"), which shall constitute full
compensation for all Work to be performed under this Agreement. The parties may amend this
Agreement to allow for additional payment if additional services are required,per Section 5,
4. Payment Schedule. City agrees to pay the Contractor on an invoice basis pursuant to the Texas
Prompt Payment Act,Texas Government Code Section 2251,each payment to represent full and
final,non-refundable payment for all the Work provided herein prior to the date invoiced.
Contract for Services Between the City of Port Worth
and Sportscapes Construction,L.L.C. 1 of I]
5. Changes in the Work. City may order changes in the Work within the general.scope of the
Agreement consisting of additions, deletions, or other revisions, the Contract Sum and Term
being adjusted accordingly. Such changes in the Work shall be authorized by written Change
Order or amendment signed.by City and Contractor. If the City requests additions to the Work,
it will be performed on a time and material basis at rates negotiated and mutually agreed to by
the parties.
6. Warranty and Correction of Defective Work. For a period of one (1)year following the date of
completion of the Work, Contractor represents and warrants to the City that the materials
furnished under this Agreement for the tennis court corner re air shall be new, of good quality,
in good working order, and perform as intended; and that this specific sub-element of the Work
will be performed in conformance with this Agreement and professional "workmanlike"
standards and free from defective or inferior materials and workmanship (including any defects
consisting of"inherent vice," or qualities that cause or accelerate deterioration). Contractor
shall commence any work in accordance with this warranty within fourteen (14) calendar days
from receipt of written notice from the City and-complete such work within thirty(3 0)business
days thereafter at no expense to the City. If the City observes any breach of warranty as
described herein that is not curable by the Contractor, then the Contractor. is responsible for
reimbursing the City for damages, expenses, and losses incurred by the City as a result of such
breach. The representations and warranties in this section shall survive the termination or other
extinction of this Agreement.Additional warranty and correction time period and obligations for
the installation of the field portion of the Work shall be as contained in the Proposal, said
warranties to be enjoyed jointly by the City and its licensee of the Tennis Complex, the Fort
Worth Vaqueros Soccer Academy,pursuant to that certain Agreement Between the City of Fort
Worth and the Fort Worth Vaqueros Soccer Academy for Sycamore Park, City Secretary
Contract No.49714.
7. Indemnification. CONTRACTOR COVENANTS AND AGREES TO IlVDEMNIFY,
HOLD HARNILESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND
AGAINST ANY AND ALL CLAIMS, LAWSUITS;JUDGMENTS, ACTIONS, CAUSES
OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT
LI IITED TO, ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS,
DEMANDS,DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE,
INCLUDING,BUT NOT LEWTED TO, THOSE FOR PROPERTY LOSS (INCLUDING,
BUT NOT LBUTED TO, WORKERS' COMPENSATION ACT LIABILITY, AND,
PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT
LE IITED TO, DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM FOR
WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR
CHARACTER,WHETHER REAL OR ASSERTED,ARISING OUT OF OR RESULTING
FROM THE NEGLIGENT ACT, ERROR, OR OMMISSION OF THE CONTRACTOR
AND/OR ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS,
MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE
EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR
NONPERFORMANCE OF THIS AGREEMENT.
8. Insurance.
Contractor shall comply with the insurance requirements set forth in Exhibit B, which is
attached hereto and incorporated herein for all purposes.
Contract for Services Between the City of Fort Worth
and Sportscapes Construction,L.L.C. 2 of 11
9. Waiver of Consequential Damages. The parties waive any and all claims against each other for
consequential damages arising out of or relating to this Agreement, This mutual waiver is
applicable, without limitation, to all consequential damages due to delay by either party,
nonpayment by City, defective or non-conforming work by Contractor, and either party's
termination of the Agreement. This Section 9 shall survive termination or expiration of this
Agreement.
10. Contract Termination.
a. Termination for Convenience. The services to be performed under this Agreement may
be terminated by the City, subject to written notice submitted twenty(20) calendar days
before termination,specifying the grounds for termination.
i. If the termination is for the convenience of City, City shall pay Contractor for
services actually rendered up to the effective date of termination and reasonable
restocking and equipment rental fees, and Contractor shall continue to provide
the City with services requested by City and in accordance with this Agreement
up to the effective date of termination.
b. Termination for- Cause. If either party to this Agreement shall willfully or negligently
fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants,
agreements, or stipulations material to this Agreement, the other party shall thereupon
have the right to terminate this Agreement by giving written notice to the defaulting
party of its intent to terminate, specifying the grounds for termination. The defaulting
party shall have thirty(30)days after receipt of the notice to cure the default(the "Cure
Period"). If the default is not cured during the Cure Period, then this Agreement shall
terminate. Termination of this Agreement under this provision shall not relieve the
party in default of any liability for damages resulting from a breach or a violation of the
terms of this Agreement.
11, Contractor Compliance Responsibilities. Contractor shall give notices and comply with all
laws, ordinances, rules, regulations and orders of public authorities bearing on performance of
the Work. Contractor warrants that it is properly licensed in the state to perform the Work
required by this Agreement.
12. Time Extension; Force Majeure. City or Contractor, as appropriate, shall grant a reasonable
extension of time to the other party if conditions beyond the parties' control or Acts of God,
adverse weather conditions, flood, riot, civil insurrection, labor strikes, or orders of local or
federal government render timely performance of the parties' services impossible or
unexpectedly burdensome. The party suffering the impossibility or burdensome conditions must
inform the other in writing within ten (10) days of the onset of such performance delay,
specifying the reasons therefore. Failure to fulfill contractual obligations due to conditions
beyond either party's reasonable control shall not be considered a breach of this Agreement;
provided, however, that such obligations shall be suspended only for the duration of such
conditions.
13. Permits. Required construction and/or governmental permits, if any, will be obtained by
Contractor prior to start of construction.
14. Safe . Contractor shall take all reasonable safety precautions with respect to performance of
the Work and shall comply with safety measures initiated by the City and all applicable laws,
Contract for Services Between the City of Fort Worth
and Sportscapes Construction,L.L.C. 3 of 1t
ordinances, rules, regulations and orders of public authorities for the safety of persons and
property. Contractor shall report to City within seven days an injury to an employee or agent of
Contractor which occurred at the Tennis Complex.
15. Concealed Conditions. If concealed or unknown physical conditions are encountered at the
Tennis Complex that differ materially from those indicated in the Agreement or from those
conditions ordinarily found to exist at the Tennis Complex and those conditions cause delay in
the Work, the Contract Sum and/or Contract Term shall be equitably adjusted by written
agreement of the parties.
16.• Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto
with respect to the subject matter hereof, and no amendment, alteration, or modification of this
Agreement shall be valid unless in each instance such amendment, alteration or modification is
expressed in a written instrument, duly executed and approved by each of the parties. There are
no other agreements and understandings, oral or written, with reference to the subject matter
hereof that are not merged herein and superseded hereby.
17. Severability. Should any portion,word,clause,phrase, sentence or paragraph of this Agreement
be declared void or unenforceable,such portion shall be modified or deleted in such a manner as
to make this Agreement, as modified, legal and enforceable to the fullest extent permitted under
applicable law.
18. Assignment. Neither party hereto shall assign, sublet or transfer its interest herein without 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. This Agreement shall be
binding upon and shall inure to the benefit of City and Contractor and its respective successors
and permitted assigns.
19. Waiver. No waiver of performance by either party shall be construed as or operate as a waiver
of any subsequent default of any terms, covenants, and conditions of this Agreement. The
payment or acceptance of fees for any period after a default shall not be deemed a waiver of any
right or acceptance of defective performance.
20. Governing Law and 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.
21. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for
the benefit of City and Contractor, and any lawful successor or assign, and are not intended to
create any rights,contractual or otherwise,to any other person or entity.
22. Contract Construction.The Parties acknowledge that each party and, if it so chooses, its counsel
have reviewed and revised this Agreement and that the normal rule of construction to the effect
that any ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
23. Fiscal Funding Out. If,for any reason, at any time during any term of this Agreement,the Fort
Worth City Council fails to appropriate funds sufficient for City to fulfill its obligations under
this Agreement, City may terminate this Agreement to be effective on the later of(i)thirty (30)
Contract for Services Between the City of Fort Worth
and Sportscapes Construction,L.L.C. 4 of 11
days following delivery by City to Contractor of written notice of City's intention to terminate
or(ii)the last date for which funding has been appropriated by the Fort Worth City Council for
the purposes set forth in this Agreement.
24. Captions. Captions and headings used in this Agreement are for reference purposes only and
shall not be deemed part of this Agreement.
25, Audit. Contractor agrees that City will have the right to audit the financial and business records
of Contractor that relate to this Agreement(collectively"Records")at any time during the Term
of this Agreement and for three(3) years thereafter in order to determine compliance with this
Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, the
Contractor shall make all Records available to City on 1000 Throckmorton Street, Fort Worth,
Texas or at another location in City acceptable to both parties following reasonable advance
notice by City and shall otherwise cooperate fully with City during any audit. Notwithstanding
anything to the contrary herein,this section shall survive expiration or earlier termination of this
Agreement.
26, Public Information Act. Contractor understands and acknowledges that City is a public entity
under the laws of the State of Texas and, as such, all documents held by City are subject to
disclosure under Chapter 552 of the Texas Government Code. Contractor shall clearly indicate
to City what information it deems proprietary. If City is required to disclose any documents that
may reveal any of Contractor's Proprietary Information to third parties under the Texas
Government Code, or by any other legal process, law, rule, or judicial order by a court of
competent jurisdiction, City will notify Contractor prior to disclosure of such documents, and
give Contractor the opportunity to submit reasons for objections to disclosure. City agrees to
restrict access to Contractor's information to those persons within its organization who have a
need to know for purposes of management of this Agreement. City agrees to inform its
employees of the obligations under this paragraph and to enforce rules and procedures that will
prevent any unauthorized disclosure or transfer of information. City will use its best efforts to
secure and protect Contractor's information in the same manner and to the same degree it
protects its own proprietary information; however, City does not guarantee that any information
deemed proprietary by Contractor will be protected from public disclosure if release is required
by law. The foregoing obligation regarding confidentiality shall remain in effect for a period of
three(3)years after the expiration of this Agreement.
27. Counterparts and Electronic Signatures. This Agreement may be executed in several
counterparts, each of which will be deemed an original, but all of which together will constitute
one and the same instrument. A signature received via facsimile or electronically via email shall
be as legally binding for all purposes as an original signature.
28. Notices. All notices required or permitted under this Agreement shall be conclusively
determined to have been delivered when(i) hand-delivered to the other party, or its authorized
agent, employee, servant, or representative, or(ii) received by the other party or its authorized
agent, employee, servant, or representative by reliable overnight courier or United States Mail,
postage prepaid,return receipt requested, at the address stated below or to such other address as
one party may from time to time notify the other in writing.
Contract for Services Between the City of Fort Worth
and Sportscapes Construction,L.L.C. 5 of 11
To THE CITY: To CONTRACTOR:
Director Sportscapes Construction,L.L.C.
Parks and Community Services Attn:
City of Fort Worth
4200 South Freeway, Ste 2200
Fort Worth,Texas 76115
With a copy to:
Department of Law
City of Fort Worth
Attn: City Attorney
1000 Throckmorton
Fort Worth,Texas 76102
29. Independent Contractor, It is expressly understood and agreed that Contractor shall operate as
independent entity in each and every respect hereunder and not as an agent, representative, or
employee of the City. Contractor shall have the exclusive control and the exclusive right to
control all details and day-to-day operations and activities relative to operation of the Contractor
and installation of the Work and shall be solely responsible for the acts and omissions of its
officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees.
Contractor acknowledges that the doctrine of respondeat superior shall not apply as between the
City and Contractor, its officers, agents, servants, employees, contractors, subcontractors,
licenses, and invitees. Nothing contained in this Agreement shall be construed as the creation of
a partnership or joint enterprise between the City and Contractor.
30. Prohibition on Contracts With Companies Boycotting_Israel. Contractor acknowledges that in
accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from
entering into a contract with a company for goods or services unless the contract contains a
written verification from the company that it: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the contract. The terms "boycott Israel" and"company" shall
have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code.
By signing this contract, Contractor cert fes that Contractor's signature provides written
verification to the City that Contractor: (1) does not boycott Israel, and(2) will not boycott
Israel during the term of the contract.
. 31. Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of
its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with
copies of all 1-9 forms and supporting eligibility documentation for each employee who
performs work under this Agreement. Contractor shall adhere to all Federal and State laws as
well as establish appropriate procedures and controls so that no services will be performed by
any Contractor employee who is not legally eligible to perform such services. CONTRACTOR
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY
CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS,
OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately
terminate this Agreement for violations of this provision by Contractor.
32. Authorization. By executing this Agreement, Contractor's agent affirms that he or she is
Contract for Services Between the City of Fort Worth
and Sportscapes Construction,L.L.C. 6 of 11
authorized by the Contractor to execute this Agreement and that all representations made herein
with rcgard to Contractor's identity, address and legal status (corporation, partnership,
individual,etc.)are true and correct.
ACCORDINGLY, City and Contractor have each executed this Agreement to be effective as of
the date subscribed by the City's designated Assistant City Manager("Effective Date").
Conti-act o: Cityof Fort Worth/
Furwi hGl a 6.#A
By: Assistant City Manager
(Signature)
Date 330 /8
Dan Hodson Attest:
(Printed Name) City Secretary
F � ► �
d°�" �,�`'•
Title:President (Seal) J ;
Address: P. O.Box 572
M&C
Date: -
Form 1295 No. 21—�� �.
City/State/Zip: Red Oak,TX 75154 Contract Compliance Manager:
By signing,I acknowledge that I am the person
responsible f the monitoring and
Date administrati n of this contract, ' chiding
ensuring a perf ance and orting
requirem ts.
Scott P nn
Distri I
Superintendent,PARD-Trades
roved as to Form and Legality:
Douglas W. Black
Assistant City Attorney
APPROVAL RECOM
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ecreation Department
Contract for Services Between the City of Fort Worth
and Sportscapes Construction,L.L.C. 7 of 11
Exhibit A,A-1 & A-2
Sportscapes Construction,L.L.C. -Pure-Play Turf Field Proposal
For
SYCAMORE PARK TENNIS COURT CONVERSION
(See Attached)
Contract for Services Between the City of Fort Worth
and Sportscapes Construction,L.L.0 8 of 11
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August 10, 2017
Revised August 29, 2017
City of Fort Worth - Sycamore Park-Vaqueros
Tips Contract#170205 i
- Prep and Replace existing Concrete per City of FW Design $8,000
-* Install 2 ea Concrete Pads for Teams, 1 Scorer Table, 1 Entryway $3,000
Deliver& Install 22,639 SgFt of Pure Play Turf&Shock Pad (Attached) $128,506
Deliver 1 Set of 6.5'x 12' Goals (Attached) $1,635
Deliver 1 Set of 6.5'x 18.5' Goals (Attached) $1,915
- Deliver Netting and Poles for Backstops (Attached) $2,839
- Includes TIPS/TAPS Fee
$145,895
*See Attached Plan Concrete to be 3500 PSI with Air, 3/8" rebar 18" OCEW
Qualifications;
- Price good for 30 days
- Includes TIPS/TAPS Fee
-Turf needs to be laid out 24-48 hours prior to installation
- Edge detail TBD with Fencing Contractor
- Does not include any fencing, grassing, or landscape repair
- Does not include night security, or security fencing
Please contace me if you have any questions. Thank you for the opportunity
to provide pricing.
Dan Hodson
Sportscapes Construction
214-693-4820
Sportscapes Construction
432 Country Ridge Lane
Red Oak TX 75154
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Pure-Play Turf Field Proposal
InBounds Athletic Performance
Pure Play. Pure Performance. No Infill
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Submitted on July 21, 2017
InBounds Athletic Performance
Pure Play. Pure Performance. No Infill
TO: Mr. Mark Snell, Fort Worth Vaqueros Football Club
FROM: Andrew Bounds, InBounds Athletic Performance
DATE: July 19, 2017
RE: Fort Worth Vaqueros 7 V 7 Turf Field Project
Mark,
Thank you for your time and the opportunity to propose Pure-Play Non-Infill Synthetic
Sports Turf. Please find the below detailed scope and pricing for your 22,639 SF field, if
you should have any questions, feel free to reach us at 410-747-1073. My mobile
number is best; 847-961-0786
SCOPE OF WORK
PRECONSTRUCTION
• Participate in a preconstruction meeting with the owner's team
• Provide drawings for turf system
BASE CONSTRUCTION
• Concrete Sub-Base to be inspected and approved before turf installation
TURF AND INSTALLATION
• Furnish to install contractor InBounds Athletic Performance's Pure Play turf
system including 12 mm shock-pad on one (1) field; 22,639 square feet
• Secure all main panels using premium adhesives as well as on inlays to ensure
maximum bonding. Basic Soccer field inlays included
• Provide owner's manuals and training by InBounds and InBounds employed
technician
• Provide (4) full-service field grooming per year (once a quarter) inclusive of
thorough field inspection, cleaning, and repair of any required issues for the
period of(4) Years.
• Provide The InBounds' warranty which covers Pure-Play non-infill synthetic turf,
installation materials, and workmanship for eight (8) years.
• 24-hour response time on critical repair issues (48-hr to all others)
• Dedicated customer web-portal for field maintenance and mangement
• Training on normal field upkeep and emergency repairs. Emergency repair kit
6030 MARSHALEE DRIVE,STE 7D4 1 ELKRIDGE,MD 21075 1 410-747-1073 M.PUREPLAYTURECOM
InBounds Athletic Performance Exhibit A-2
Pure Play. Pure Performance. No Infill
588.30
3960 I 490 I 52120) 27J0
10970 7490 /600 ?500 7490`ui
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_36601 1
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7220
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Total Turf Area is 2103.2sgm/22,639sm. Soccer white lines are 100mm wide/4"
1d1 WHITE 3
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1
W 1 ; A2 A3 A4 A5 A6 ! A7[�8 A A101 A1 A121 A1
1 aoao 4rp0140i1(s 4000400D 4000 40!10 4000 140p11 1400Q 1401!!1 140011 8000 4000 'IOU'
6030 MARSHALEE DRIVE,STE 704 ELKRIDGE,MD 21075 410-747-1073 WWW.Pl1REPLAYTl1RF.CDM
InBounds Athletic Performance
Pure Play. Pure Performance. No Infill
Roll Plan
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--M..-(W PnlarRed dmini rtoii ccr. er.a(.') Dimensions of ground 2062-.l sqm
2770
Al 4000X35062 M- 1 190.21
A6 4000X35062 3590 v 1 140.21 Actual production turf 2103.2 sq
wi
t+n V 7101
A7 4000X35052 -. 1 140.21
A9 =a
4000X35052 1 190.21
A14 4000X35052 ■_ 1 140.21
A2-A4. A6 +o«
8. A10-AU 4000X35052 9 1261.9
AWl 4000X35052 1 140.21
connect tape 1000 Clue(barrel) E3
total area Total area: 2103.2 sqm 16
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B030 MARSHALEE DRIVE,STE 704 ELKRIDGE,MD 21075 410-747-1073 WWW.PUREPLAYTURF.CDM
InBounds Athletic Performance
Pure Play. Pure Performance. No Infill
Included in Proposal
• 22,639 SF of Pure-Play Non-Infill Synthetic Turf System (includes 12mm Shock-
Pad)
• All materials required for installation (seam tape, glue, shock-pad tape)
• Provide owner's manuals and training by InBounds
• Provide (4) full-service field grooming per year (once a quarter) inclusive of
thorough field inspection, cleaning, and repair of any required issues for the
period of(4) Years.
• Provide the InBounds' warranty which covers Pure-Play non-infill synthetic turf,
installation materials, and workmanship for eight (8) years.
• 24-hour response time on critical repair issues (48-hr to all others)
• Dedicated customer web-portal for field maintenance and management
• Training on normal field upkeep and emergency repairs.
• Emergency repair kit
IMAGES OF OTHER COMPLETED PROJECTS
6030 MARSHALEE DRIVE,STE 704 1 ELKRIDGE,MD 21075 1 410-747-1073 1 WWW.PUREPLAYTURF.CUM
InBounds Athletic Performance
Pure Play. Pure Performance. No Infill
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6030 MARSHALEE DRIVE,STE 704 ELKRIDGE,MD 21075 410-747-1073 WWW.PUREPLAYTURF.CUM
Exhibit B
Insurance
Prior to the time Contractor is entitled to any right of access to or use of the Tennis Complex,
Contractor shall procure, pay for and maintain the following insurance written by companies approved by
the State of Texas and acceptable to City. The insurance shall be evidenced by delivery to City of
executed certificates of insurance and/or certified copies of policies as determined by City.
Contractor covenants and agrees to obtain and keep in force during the term of this Agreement,
Commercial General Liability Insurance, Including Personal Injury Liability, Independent Contractors
Liability and Contractual Liability covering, but not limited to, the liability assumed under the
indemnification provisions of this Agreement, with limits of liability for bodily injury (including death)
and property damage of not less than One Million Dollars($1,000,000),with an aggregate of not less than
Two Million Dollars($2,000,000). All insurance policies shall include the following:
1) The term of insurance is for the duration.of the Agreement, which includes the period from
the right of access to set-up through the period allowed for removal of property;
2) The Contractor is responsible for providing the City a thirty-day(30)notice of cancellation or
non-renewal of any insurance policy and may not change the terms and conditions of any
policy that would limit the scope or coverage, or otherwise alter or disallow coverage as
required herein;
3) All policies shall include a Waiver of Subrogation (Right of Recovery)in favor of the City of
Fort Worth.
4) a) Any deductible in excess of$5,000.00, for any policy that does not provide coverage on
a first-dollar basis,must be approved by Risk Management.
b) Any self-insured retention (SIR) in excess of $25,000.00, affecting required insurance
coverage, shall be acceptable to and approved by Risk Management in regards to asset value
and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained
through insurance pools or risk retention groups, must also be approved by Risk
Management.
c) Company issuing the insurance policy shall have no recourse against the City of Fort
Worth for payment of any premiums or assessments for any deductibles which all are at the
sole risk of Contractor;
5) The terms "Owner", "City" or City of Fort Worth shall include all authorities, Boards,
Bureaus, Commissions, Divisions, Departments, and Offices of the City and the individual
members, employees and agents thereof in their official capacities and/or while acting on
behalf of the City of Fort Worth.
6) The policy clause"Other Insurance" shall not apply to any insurance coverage currently held
by City,to any future coverage, or to City's self-insured retention of whatever nature.
7) The City, its officials, employees, agents and officers shall be endorsed as an "Additional
Insured"to all policies except Employers Liability coverage.
8) Coverage shall be written on a Per Occurrence basis and the policy shall include Broad Form
Property Damage Coverage with an insurance company satisfactory to City. If insurance
policies are not written for specified coverage limits, an Umbrella or Excess Liability
insurance for any differences is required. When required,Excess Liability shall follow form
of the primary coverage.
9) Automobile Liability Insurance shall provide coverage on any automobile, including and
defined as automobiles owned, hired and non owned with a One Million Dollar($1,000,000)
combined single limit per accident or$250,000 Property Damage and $500,000 Bodily Injury
per person,per occurrence.
Contract for Services Between the City of Fort Worth
and Sportscapes Construction,L.L.C. 9 of 11
10) Contractor shall cavy Workers Compensation and Employers Liability Insurance with
minimum limits of$100,000 each accident/occurrence, $100,000 Disease each employee and
$500,000 Disease policy limit.
11) All policies shall be written by an insurer with an A-:VIII or better rating by the most current
version of the A. M. Best Key Rating Guide or with such other financially sound insurance
carriers acceptable to the City.
12) Deductibles shall be listed on the Certificate of Insurance and shall be on a"per occurrence"
basis unless otherwise stipulated herein.
13) If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident
with or prior to the date of the contractual agreement and the certificate of insurance shall
state that the coverage is claims-made and the retroactive date. The insurance coverage shall
be maintained for the duration of the contractual agreement and for five (5) years following
completion of the service provided under the contractual agreement or for the warranty
period, whichever is longer. An annual certificate of insurance submitted to the City shall
evidence such insurance coverage.
14)Certificates of Insurance shall be delivered to the address for notice in Section 28, evidencing
all the required coverages,including endorsements.
Contractor hereby waives subrogation rights for loss or damage against City,its officers, agents
and employees for personal injury(including death),property damage or any other loss..
Contractor shall not do or permit to be done anything in or upon any portion of the Tennis
Complex, or bring or keep anything therein or thereupon which will in any way, conflict with the
conditions of any insurance policy upon the Tennis Complex or any part thereof, or in any way increase
the rate of fire insurance upon the Tennis Complex or on property kept therein, or in any way obstruct or
interfere with the right of the other tenants of the Tennis Complex,or injure or annoy them.
The City may terminate this Agreement immediately upon the failure of the Contractor to provide
acceptable documentation of insurance as required by this Agreement.
Contract for Services Between the City of Fort Worth
and Sportscapes Construction,L.L.C. 10 of 11
Exhibit C
City's Construction General Conditions
(See Attached)
Contract for Services Between the City of Fort Worth
and Sportscapes Construction,L.L.C. 11 of 11