HomeMy WebLinkAboutContract 53959 CSC No. 53959
�\�yoS,FCQ CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule
municipality ("CITY"), and Teague Nall and Perkins, Inc. (TNP), authorized to do business
in Texas, ("ENGINEER"), for a PROJECT generally described as: Sycamore Park Phase I
Development.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A.
Article II
Compensation and Term of Agreement
A. The ENGINEER's compensation shall be in the amount up to $ 144,000.00 as
set forth in Attachment B.
B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement
shall be for a term beginning upon the effective date, as described below, and
shall continue until the expiration of the funds or completion of the subject
matter contemplated herein, whichever occurs first.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but
not limited to meeting the requirements set forth in Attachment D to this
AGREEMENT, to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
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OFM.BAL RECORD
CITY ACRETARY
FT. WORTH TX
(3) Upon completion of services enumerated in Article I, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
CITY because of such suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental
thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing in the same or similar locality and under the same or
similar circumstances and professional license; and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
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work to be performed hereunder. The ENGINEER shall also advise
the CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise
specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that
could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in
ink on reproducible mylar sheets and electronic files in .pdf format, or as
otherwise approved by CITY, which shall become the property of the CITY.
CITY may use such drawings in any manner it desires; provided, however,
that the ENGINEER shall not be liable for the use of such drawings for any
project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entity of
their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction
work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
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indicating that the PROJECT, when completed, will be in accordance with
the Contract Documents, nor shall anything in the Contract Documents or
this AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to
discover latent defects in the work or otherwise check the quality or quantity
of the work on the PROJECT. If the ENGINEER makes on-site
observation(s) of a deviation from the Contract Documents, the ENGINEER
shall inform the CITY.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be entitled
to rely upon such certification to establish materials, systems or equipment
and performance criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no
warranty that the CITY's actual PROJECT costs, financial aspects,
economic feasibility, or schedules will not vary from the ENGINEER's
opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling
and observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
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the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are not other
matters at issue between the CITY and the construction contractor that
affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for
any errors or omissions in the information from others that is incorporated
into the record drawings.
I. Minority Business and Small Business Enterprise (MBE)(SBE)
Participation
In accord with the City of Fort Worth Business Diversity goals (Chapter 20,
Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12-
2011, as amended), the City has goals for the participation of minority
business enterprises and/or small business enterprises in City contracts.
Engineer acknowledges the MBE and SBE goals established for this
contract and its accepted written commitment to MBE and SBE
participation. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Engineer 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.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers
and records of the ENGINEER involving transactions relating to this
contract. ENGINEER agrees that the CITY shall have access during normal
working hours to all necessary ENGINEER facilities and shall be provided
adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
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directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in
order to conduct audits in compliance with the provisions of this article
together with subsection (3) hereof. CITY shall give subconsultant
reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for
the cost of copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto — the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
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liability arising out of "any auto", including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned is
acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation — ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — ENGINEER shall maintain professional liability, a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the contract or the first date of services to be performed, whichever is
earlier. Coverage shall be maintained for a period of 5 years following the
completion of the contract. An annual certificate of insurance specifically
referencing this project shall be submitted to the CITY for each year
following completion of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
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c. Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. 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. Notice shall be sent
to the respective Department Director (by name), City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage is
claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
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final payments.
I. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent
consultant and not as a subcontractor, agent, or employee of the CITY.
The doctrine of respondeat superior shall not apply.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure
in writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing
of any conflicts of interest that develop subsequent to the signing of this
contract and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with
published design criteria and/or current engineering practice standards
which the ENGINEER should have been aware of at the time this
Agreement was executed, the ENGINEER shall revise plans and
specifications, as required, at its own cost and expense. However, if design
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changes are required due to the changes in the permitting authorities'
published design criteria and/or practice standards criteria which are
published after the date of this Agreement which the ENGINEER could not
have been reasonably aware of, the ENGINEER shall notify the CITY of
such changes and an adjustment in compensation will be made through an
amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of
the information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of
the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses
required by local, state, or federal authorities; and land, easements, rights-
of-way, and access necessary for the ENGINEER's services or PROJECT
construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches,
drawings, specifications, proposals, and other documents; obtain advice of
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an attorney, insurance counselor, accountant, auditor, bond and financial
advisors, and other consultants as the CITY deems appropriate; and render
in writing decisions required by the CITY in a timely manner in accordance
with the project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of
such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos
is a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing for contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary
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of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity
or person regarding the PROJECT a provision that such entity or person
shall have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/installation insurance at the
replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
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Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, 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 ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond
the control of the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated
a.) by the City for its convenience upon 30 days' written notice to
ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days' written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
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b.) Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER 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.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER
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 the ENGINEER's personnel and subcontractors,
and ENGINEER' compensation will be made.
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify or hold harmless the CITY against liability
for any damage committed by the ENGINEER or ENGINEER's agent,
consultant under contract, or another entity over which the ENGINEER
exercises control to the extent that the damage is caused by or
resulting from an act of negligence, intentional tort, intellectual
property infringement, or failure to pay a subcontractor or supplier.
CITY is entitled to recover its reasonable attorney's fees in proportion
to the ENGINEER's liability.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the
prior written consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
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Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any
reason to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability will not affect any other provision, and this
AGREEMENT shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F.,
VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in
any way affect this AGREEMENT and the work hereunder, and shall
observe and comply with all orders, laws ordinances and regulations which
may exist or may be enacted later by governing bodies having jurisdiction or
authority for such enactment. No plea of misunderstanding or ignorance
thereof shall be considered. ENGINEER agrees to defend, indemnify and
hold harmless CITY and all of its officers, agents and employees from and
against all claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
K. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing
the Employment Eligibility Verification Form (1-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER 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 ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY CITY AND
HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR
LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. CITY, upon written notice to ENGINEER, shall have the
right to immediately terminate this Agreement for violations of this
provision by ENGINEER.
L. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER acknowledges that in accordance with Chapter 2270 of the
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Texas Government Code, 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, ENGINEER certifies that ENGINEER'S signature
provides written verification to the CITY that ENGINEER: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the
contract.
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part of
this AGREEMENT:
Attachment A- Scope of Services
Attachment B - Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Sycamore Park Master Plan & Phasing Plan
Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager.
BY: BY:
CITY OF FORT WORTH ENGINEER
Teague Nall and Perkins, Inc.
Digitally signed by William H.Smith
wW William H. Smith O=TNP, N=WilliamH.Smithcom,
O=TNP,CN=William H.Smith
Valerie Washington(May 29,202011:06 CDT) Date:2020.05.26 11:26:19-05'00'
Valerie Washington William H. Smith, ASLA
Assistant City Manager Director of Landscape Architecture
Date: May 29, 2020 Date: May 26, 2020
City of Fort Worth,Texas UFF90 L ECORL'
Standard Agreement for Engineering Related Design Services �I SECRETARY
Revised Date:11.17.17
Page 16 of 17
FT- WORTH,TX
APPROVAL RECOMMENDED:
David CreeK
By:
David Creek(May 27,2020 21:01 CDT)
David Creek
Acting Director, Park &Recreation Dept.
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
A� '
Jing Yang
Project Manager
APPROVED AS TO FORM AND LEGALITY
M&C: 80 SYCAMORE PARK PHASE I
ENGINEERING AGREEMENT
Ordinance: 24161-04-2020 Date: Agenda Ready on May 21, 2020 n Ip I fD l av
24 161��w.:.ems
By:
DBlack(May 29,202010:52 CDT)
Douglas W. Black
Assistant City Attorn.
� OFd �'.
..
ATTEST: ✓9 s C3
Form 1295 No.2020-615525
Mary J. Kayser
City Secretary
�d •' `t .J`wf hT
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services ti'm i
Revised Date:11.17.17 t FFICOAk RECORD i
Page 17 of 17 tl 60
CITY SECRETARY
FT. WORTH, TX
.l
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/16/20 M&C FILE NUMBER:
LOG NAME: 80SYCAMORE PARK PHASE I ENGINEERING AGREEMENT
SUBJECT
Authorize Execution of an Engineering Agreement in the Amount of$144,000.00 with Teague Nall
and Perkins, Inc. for Engineering Professional Services of Sycamore Park Phase I
Improvements (2018 Bond Program) (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Engineering Agreement in the
amount of$144,000.00 with Teague Nall and Perkins, Inc. for engineering professional services of
Sycamore Park Phase I improvements (City Project No. 102014).
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an
engineering professional services agreement with Teague Nall and Perkins, Inc., (TNP), in the
amount of$144,000.00. Project scope includes 100% engineering design and construction phase
services for the Sycamore Park Phase I Project.
On June 11, 2019, the City Council adopted Resolution No. 5098-06-2019 authorizing the City
Manager to close 66 acres of Sycamore Creek Golf Course no later than September 30, 2019 and
re-purpose the property into a traditional community park for the use and enjoyment of the general
public.
The original Sycamore Park, located south of the former golf course, contains approximately 88
acres and is one of the oldest parks in Fort Worth having been deeded to the City in 1909. With the
closure and re-purposing of Sycamore Creek Golf Course, a master plan was necessary to plan for
the integration and development of both properties into a 154 acre community park.
The Sycamore Park Master Plan has been prepared by TNP and was endorsed by the Park&
Recreation Advisory Board on February 26, 2020. The City allocated $1,050,000.00 in funding
from the 2018 Bond program for road and parking lot repaving.
Funds for this project are included in the 2018 Bond Program. Available resources within the
General Fund will be used to provide interim financing until debt is issued. Once debt associated
with the project is sold, bond proceeds will reimburse the General Fund in accordance with the
statement expressing official Intent to Reimburse that was adopted as part of the ordinance
canvassing the bond election (Ordinance No. 23209-05-2018) and subsequent actions taken by
the Mayor and Council.
TNP is in compliance with the City's BDE Ordinance by committing to 8% SBE participation on this
agreement. The City's SBE goal on this project is 8%.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available, as previously appropriated, in the 2018
Bond Program Fund 2018GO Sycamore Park St Rehab project to support the approval of this
recommendation and award of the contract. Prior to an expenditure being incurred, the Park &
Recreation Department has the responsibility of verifying the availability of funds.
Submitted for City Manager's Office by: Fernando Costa 6122
Originating Business Unit Head: David Creek 5704
Additional Information Contact: David Creek 5704
Attachment A
Scope of Services
Part 1 - PROJECT DESCRIPTION
Existing Sycamore Park is located in southeast Fort Worth, inside of the Loop 820, north
of E Rosedale St. and east of US-287. Sycamore Park is one of the oldest parks in Fort
Worth and is approximately 88 acres. With the closure and re-purposing of 66 acres of the
Sycamore Creek Golf Course, a master plan was finished and endorsed by Park &
Recreation Advisory Board on February 26th to plan for the integration and development
of both properties into a 154-acre community park.
Sycamore Park master plan has reconsidered vehicular circulation (roads & parking),
pedestrian circulation (trail system), park amenities and landscaping at both North and
South Sycamore Park. Based on currently available funding, the master plan identifies the
following vehicular road and parking in the South Sycamore Park that will be replaced and
renovated in Phase I development:
1. Road & Parking Replacement
A) Project Boundary
Road & parking replacement will include the enhancement and replacement of
deteriorated vehicular road, and large parking lot near the center of South Sycamore
Park. (refer to attachment E phasing plan for accurate boundary).
B) Construction Budget
The construction budget of road & parking replacement is $1,050,000.
Part 2 - PROJECT SCOPE
Project scope of Sycamore Park Phase I Development includes 100% engineering design
of the southern paving improvements, permit assistance, bid assistance and construction
administration.
ENGINEER shall design site elements based on existing Sycamore Park Master Plan,
refer to Attachment E. Necessary adjustment can be made depending on existing site
conditions and available funding.
ENGINEER shall be responsible for performing the following basic tasks in the process of
preparing engineering design:
1. Coordination/Management/Communication
A) During design phase, ENGINEER shall attend one(1)project kick-off meeting, and
three (3) milestone deliverables review meetings at 30%, 75%, and 100%.
Attachment A Scope of Services
Sycamore Park Phase I Development
Date:04.23.2020
Page 1 of 6
ENGINEER shall also provide meeting minutes after each meeting for CITY
approval.
B) Lead and manage the ENGINEER and sub-consultant design team (geotechnical
engineer, RAS, etc.)throughout the project, maintain SBE goal.
C) During construction phase, ENGINEER shall attend one (1) pre-bid meeting, one
(1) pre-construction meeting, one (1) on-site construction coordination/ status
meetings per month during the period of construction phase as requested by CITY,
and one (1) punch list walk through.
D) Communicate regularly by phone and email with CITY staff.
E) Coordinate with CITY arborist, utility companies and other agencies to solve
potential existing trees, site utilities and easement conflict.
2. Data Review/Site Visit/Survey Map
ENGINEER shall perform the following tasks:
A) Gather and review available project data relevant to the project site as necessary
for completion of the project. Relevant project data include, but not limited to the
following:
a. Google Earth aerial photography and mapping
b. 1-foot interval topography
c. FEMA Floodplain data
d. Electric utilities, gas lines, water/wastewater and other information
e. Property boundary and ROW/easement information
B) Visit the project site to observe and photographically document existing conditions
as necessary for completion of the project.
C) Conduct all necessary site survey and production of survey drawings available in
both hard copy and CAD format. Conduct necessary investigation and issuance of
reports. Survey and investigation include the following:
a. Site topography
b. Floodplain
c. Property boundary and ROW / easement (property ownership research and
support for Right of Way / easement acquisition including production and
issuance of meets and bounds for the use of City of Fort Worth.)
d. Above ground and underground utilities
e. Above ground physical structures
f. Existing protected trees above 6" caliper within disturbed areas (tree species
need to be identified)
Attachment A Scope of Services
Sycamore Park Phase I Development
Date:04.23.2020
Page 2 of 6
g. Soil investigation and issuance of geotechnical reports
D) Prepare a project survey map for the project site utilizing ENGINEER's gathered
relevant survey data. The map shall be suitable for use in both 22 inch x 34 inch
(full-size) and 11 inch x 17 inch (half size)format.
E) Review ENGINEER's project data, base map, site analysis, and special services
tasks data with city staff. Discuss anticipated alignment options and on-site field
verification with CITY staff BEFORE proceeding with ENGINEER's final Alignment
and Schematic Design tasks.
3. Geotechnical Services
ENGINEER shall perform geotechnical survey, including subsurface drilling, and then
prepare an engineering report to present the results of the field and laboratory data
together with analyses of the results and pavement recommendations.
4. Design Deliverables (30%, 75% & 100% Design Drawings & Specifications)
ENGINEER shall deliver design drawings and cost opinion documents at 30%, 75%,
and 100% milestones, and specifications at 75%, and 100% milestone to the CITY on
the dates set on project schedule. Drawing sheets and specifications shall use CITY
design standard.
ENGINEER's design plans shall be delivered to CITY in electronic format and suitable
for use in both 22 inch x 34 inch (full-size) and 11 inch x 17 inch (half size)format with
black and white line work. After receiving final comments from CITY about each
milestone deliverables, ENGINEER shall update drawings and deliver the final
drawing package to CITY.
Besides the anticipated improvements mentioned below, ENGINEER's design plans
shall also contain the following base information:
a. Project name, street address, and lot and block description.
b. Date, scale, north point, and the names, addresses, and telephone numbers
(if readily available) of each property owner and the person preparing the plan.
c. Location of existing boundary lines and ROW (with proposed
property/easement acquisitions marked and with ownership data summary
table on each sheet).
d. Approximate centerlines of existing water courses and the location of the
floodplain; the approximate location of significant drainage features; and the
location of existing and proposed streets and alleys, driveways, and sidewalks
on or adjacent to the lot.
e. Location of centerlines of overhead and underground utility lines within and
adjacent to the site, and the location of all utilities, utility easements, including
the location of utility poles, generators, and equipment.
f. Location of visibility triangles if applicable.
Attachment A Scope of Services
Sycamore Park Phase I Development
Date:04.23.2020
Page 3 of 6
A) 30% Schematic Design
30% design development documents shall include, at a minimum, the following
sheets, in order shown below:
a. Cover sheet
b. General notes sheet
c. Preliminary summary of quantities sheet
d. Overall site plan (with key map and references to plan sheets as noted below)
e. Engineering plans (erosion control, utilities, traffic control, etc.)
f. Protected tree removal & site demolition plans (protected tree removal
schedules and tree protection fence location)
g. Site plans (location and layout of anticipated improvements).
B) 75% Design Development
75% design development documents shall include, at a minimum, the following
sheets, in order shown below:
a. Cover sheet
b. General notes sheet
c. Preliminary summary of quantities sheet
d. Engineering plans (erosion control, utilities, traffic control, etc.)
e. Protected tree removal & site demolition plans (protected tree removal
schedules and tree protection fence location)
f. Site plan, layout&materials plans(locations of all improvements, materials call
out, general dimensions of improvements and landscapes)
g. Grading plans (1-foot interval contour lines showing grading of site, spot
elevations at major site structures and improvements)
h. Planting plans (complete description of new plant materials, including names
locations, quantities, and sizes at installation, heights, spread, and spacing)
i. Plan enlargements, sections and elevations (at 75% finish level)
j. Engineering and landscape details (at 75% finish level)
k. Technical specifications for all site improvements following CITY standards
(outline only)
C) 100% Construction Document and 100% Bid Package
100% construction documents shall include, at a minimum, the following sheets,
in order shown below:
a. Cover sheet
b. General notes sheet
c. Summary of quantities sheet
d. Engineering plans (erosion control, utilities, traffic control, paving etc.)
e. Protected tree removal &site demolition plans (include protected tree removal
schedules and tree protection fence location)
f. Site plan and layout plans (locations of all improvements and complete
dimensions of improvements).
g. Materials plans (materials call out and notes; can be combined with Layout
plans).
Attachment A Scope of Services
Sycamore Park Phase I Development
Date:04.23.2020
Page 4 of 6
h. Grading plans (1-feet interval contour lines showing grading of site, spot
elevations at major site structures and improvements, drainage area
calculations and erosion control by civil)
i. Planting plans (complete description of new plant materials, including names
locations, quantities, and sizes at installation, heights, spread, and spacing)
j. Irrigation plans
k. Plan enlargements, sections and elevations (at 100% finish level).
I. Engineering and landscape details (at 100% finish level)
m. Construction-site temporary elements plan (access points, circulation routes,
equipment and material storage locations, power and water connections, and
project sign locations)
n. Technical specifications for all site improvements following CITY standards
ENGINEER's 100% construction design drawings shall include a sealed & signed
Mylar cover sheet and sealed & signed construction document package (both
hardcopy and electronic version) for bid. ENGINEER shall incorporate any remaining
comments from CITY regarding 75% construction document package before the final
submittal of 100% package.
4. Opinion of Probable Construction Cost
ENGINEER shall provide cost estimate at each of the delivery milestone as described
above. ENGINEER's opinion of probable construction cost shall be based on the
quantities indicated on the ENGINEER's plans and on unit prices current at the time
of the cost opinion preparation. ENGINEER shall control the design to keep the
construction cost under project budget.
5. State Accessibility Plan Review
Upon completion of 100% Plan submittal, the ENGINEER shall submit plans and
specifications to a Registered Accessibility Specialist (RAS)for review.
6. Bid and Negotiation
Upon the completion of 100% construction documents, ENGINEER shall process to
assist CITY in the selection of qualified contractor to complete the project.
ENGINEER's tasks are as follows:
A) Post (make available) and maintain all required bidding documents for a bid
package as directed by CITY;
B) Prepare and submit written responses to bidder requests for information
(RFI's). Preparation of any addenda to the Contract Documents as may be
required during the bidding or negotiating process;
C) Attend one pre-bid conference and/or site visits, in support of the CITY;
D) Evaluation and assessment of bids or negotiated proposals;
E) Propose and/or evaluate value engineering with respect to cost implications
and effect on quality and/or scope of the work.
7. Construction Administration
Attachment A Scope of Services
Sycamore Park Phase I Development
Date:04.23.2020
Page 5 of 6
ENGINEER's shall perform the following tasks:
A) Attend one (1) pre-construction meeting in support of the CITY;
B) Review shop drawings and contractor submittals as they relate to the overall
site development and general conformance of the design as set forth by the
contract documents;
C) Assist in the review of substitutions, contractor schedule reports and pay
requests;
D) Attend on-site construction coordination/status meetings as requested by CITY
(maximum 1 per month)during construction phase of the project;
E) Provide a written report of each site visit, including a summary of any corrective
work to be performed;
F) Participate in final walk-through, keep notes, and provide a punch list of
construction items requiring corrective action prior to the contractor's final pay
request and CITY's acceptance.
Part 3. PROJECT SCHEDULE
The CITY anticipates the following schedule for ENGINEER's completion of Phase I
engineering design and the construction of Phase I development (Refer to Attachment D
— Project Schedule):
Engineering design of Phase I development May 2020 - January 2021
Construction of Phase I development May 2021 - December 2022
Part 4. COMPENSATION
Refer to Attachment B - Compensation
Part 5. CLARIFICATIONS AND EXCLUSIONS
Services and work products by ENGINEER beyond those specifically described above are
not included in the project unless mutually agreed to by CITY and ENGINEER in writing
prior to performance of such services.
Attachment A Scope of Services
Sycamore Park Phase I Development
Date:04.23.2020
Page 6 of 6
Attachment B
Compensation
The services described in Attachment A Scope of Services shall be provided for a total
lump sum fee of$144,000 (One Hundred Forty-Four Thousand Dollars). The overall
fee total shown shall not be exceeded without prior written authorization from the CITY.
Payment for the services described in Attachment A Scope of Services shall be invoiced
to the CITY on a monthly basis, based upon percentage completed for each task. Below
is a fee breakdown by task for the services described in Attachment A Scope of
Services:
Sycamore Park Phase I Development
Task Fee
Professional Services
1. Coordination/Management/Communication $ 14,635.00
2. Data Review/Site Visit/Base Map $ 30,405.00
3. Geotechnical Services $ 4,000.00
4. Engineering Services $ 62,168.00
5. Landscape Design Services $ 11,767.00
6. State Accessibility Plan Review $ 1,500.00
7. Bid and Construction Administration $ 19,525.00
Total Fee for Services $144,000.00
Attachment B Compensation
Sycamore Park Phase I Development
Date:04.23.2020
Page 1 of 1
Attachment C
Amendments to Standard Agreement for Engineering Related Professional
Services
(No amendments are required.)
Attachment C Amendments
Sycamore Park Phase I Development
Date:04.17.2020
Page 1 of 1
Attachment D
Schedule
The project is anticipated to be completed within Nineteen (19) months. Shown below is
the anticipated project schedule breakdown by task:
Sycamore Park Phase I Development
Task Date
Design Phase:
1. Coordination/Management/Communication N/A
2. Data Review/Site Visit/Survey Map 06.30.2020
3. 30% Design Deliverable 08.11.2020
4. 30% Review Meeting 09.08.2020
5. 75% Design Deliverable 10.13.2020
6. 75% Review Meeting 11.10.2020
7. 100% Design Deliverable 12.08.2020
8. 100% Review Meeting 01.05.2021
Total Project Design Duration 8 Months
Construction Phase:
1. Bid and Negotiation 04.27.2021
2. Construction Phase 12.22.2021
Total Project Construction Duration 11 Months
Attachment D Schedule
Sycamore Park Phase I Development
Date:04.23.2020
Page 1 of 1
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Sycamore Park Master Plan
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Attachment E Project Location Map
Sycamore Park Phase I Development
Date:04.17.2020
Page 1 of 2
Phase I Development Plan
LEGEND iz NATIVE PLANTING0 INTERACTIVE LEARNING
P 13 EXISTING PARKS MAINTENANCE BUILIDING
PICNIC TABLE
14 PROPOSED CROSSWALK CONNECTION
FITNESS EQUIPMENT 15 YOUTH SOCCER FIELD
RESTRQOM G MULTI-USE COURT(TENIIe ekE ;KILTSALU VDLLEYaALL)
PAVILION 17 PLAYGROUND 2-51YRS R 5-12 YRS
FUTURE TRAIL CONNECTION TO TRT 1B RENOVATED WPA BUILDINf'i FOR CONCESSIONS
QSOFT SURFACE TRAIL 8 LARGE PARK ENTRY MONUMENT
101 HIKEMIKE TRAIL 20 SMALL PARK ENTRY MONUMENT
ENHANCED MPROVED®RIDGE 21 EXISTING SPRAY GROUND
ICONIC HILLTOP PAVILION 2F EXISTING PLAYGROUND
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S'TRAIL 26 EX13TING f UDLIG EVENTS SPACE 0
ii] NEW LIGHTED PARKING LOT l f 8'TALL CHAIN LINK PENCE 11130 0 100 a00
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Attachment E Project Location Map
Sycamore Park Phase I Development
Date:04.17.2020
Page 2 of 2
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/16/20 M&C FILE NUMBER: M&C 20-0386
LOG NAME: 80SYCAMORE PARK PHASE I ENGINEERING AGREEMENT
SUBJECT
Authorize Execution of an Engineering Agreement in the Amount of$144,000.00 with Teague Nall and Perkins, Inc.for Engineering Professional
Services of Sycamore Park Phase I Improvements(2018 Bond Program)(COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Engineering Agreement in the amount of$144,000.00 with Teague Nall and
Perkins, Inc.for engineering professional services of Sycamore Park Phase I improvements(City Project No. 102014).
DISCUSSION:
The purpose of this Mayor and Council Communication(M&C)is to authorize the execution of an engineering professional services agreement
with Teague Nall and Perkins, Inc.,(TNP),in the amount of$144,000.00.Project scope includes 100%engineering design and construction phase
services for the Sycamore Park Phase I Project.
On June 11,2019,the City Council adopted Resolution No.5098-06-2019 authorizing the City Manager to close 66 acres of Sycamore Creek Golf
Course no later than September 30,2019 and re-purpose the property into a traditional community park for the use and enjoyment of the general
public.
The original Sycamore Park, located south of the former golf course,contains approximately 88 acres and is one of the oldest parks in Fort Worth
having been deeded to the City in 1909.With the closure and re-purposing of Sycamore Creek Golf Course,a master plan was necessary to plan
for the integration and development of both properties into a 154 acre community park.
The Sycamore Park Master Plan has been prepared by TNP and was endorsed by the Park&Recreation Advisory Board on February 26,2020.
The City allocated$1,050,000.00 in funding from the 2018 Bond program for road and parking lot repaving.
Funds for this project are included in the 2018 Bond Program.Available resources within the General Fund will be used to provide interim
financing until debt is issued.Once debt associated with the project is sold,bond proceeds will reimburse the General Fund in accordance with the
statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election(Ordinance No.23209-
05-2018)and subsequent actions taken by the Mayor and Council.
TNP is in compliance with the City's BDE Ordinance by committing to 8%SBE participation on this agreement.The City's SBE goal on this
project is 8%.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available,as previously appropriated, in the 2018 Bond Program Fund 2018GO Sycamore Park St
Rehab project to support the approval of this recommendation and award of the contract. Prior to an expenditure being incurred,the Park&
Recreation Department has the responsibility of verifying the availability of funds.
Submitted for City Manager's Office by. Fernando Costa 6122
Originating Business Unit Head: David Creek 5704
Additional Information Contact: David Creek 5704