HomeMy WebLinkAboutContract 40796CITY SECRETARY
CITY OF FORT WORTH, TEXASCONTRACT NO.iqgiaa
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a home -rule municipal
corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and
COLLIGAN GOLF DESIGN, (the "ENGINEER"), for a PROJECT generally described as:
The addition of three practice as illustrated on the Master Plan and associated
improvements to the irrigation system, drainage, water storage slue and pump station.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
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.
(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
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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 %X 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 standard of care applicable to the ENGINEER's services will be the
degree of skill and diligence normally employed in the State of Texas by
professional engineers or consultants performing the same or similar services
at the time such services are performed.
C. Subsurface Investigationa
(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
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
costlexecution effects are not the responsibility of the ENGINEER.
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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 indicating that the
PROJECT, when completed, will be in accordance with the Contract
Documents, nor shall anything in the Contract Documents or the 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 on4te 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
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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
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 and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for
the participation of minority business enterprises and woman business
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enterprises in City contracts. Engineer acknowledges the M/WBE goal
established for this contract and its commitment to meet that goal. Any
misrepresentation of facts (other than a negligent misrepresentation) and/or
the commission of fraud by the 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
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.
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i. The CITY shall be included as an insured 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 by endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY 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 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 liaty 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 —the 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
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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. Certcates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
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 request required insurance
documentation 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. Such terms shall be
endorsed onto ENGINEER's insurance policies. 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,
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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 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.
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.
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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 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.
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D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of 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 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
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with, or resulting from the engineering services performed.
Only the CITY will be the beneficiary 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 V.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 will ensure that Builders Risk/Installation insurance is maintained 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 only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with in 5 days of written notice and diligently complete the
correction thereafter.
(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;
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
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,;,
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's compensation will be made.
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify, hold harmless, and defend the CITY against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the ENGINEER or ENGINEER's
agent, consultant under contract, or another entity over which the ENGINEER
exercises control.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories
of recovery, including breach of contract or warranty, tort including negligence,
strict or statutory liability, or any other cause of action, except for willful
misconduct or gross negligence for limitations of liability and sole negligence
for indemnification. Parties mean the CITY and the ENGINEER, and their
officers, employees, agents, and subcontractors.
I. 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, Texas.
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J. 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.
K. 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.
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. 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 - Location Map
Executed this the / S day of , 20LO
ATTEST:
Marty Hendrix
City Secretary
z
APPROVED AS Tq-FORM AND LEGALITY
Ass
ATTEST:
Attorney
City of Fort Worth, Texas
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By:
CITY OF FORT WORTH
Charles
W. Daniels
Assistant City Manager
Director, Parks and community Services
Department
COLLIGAN GOLF DESIGN
LI
By:
SCOPE OF CONSTRUCTION DOCUMENT SERVICES
(Attachment `A')
July 15, 2010
A. Project Description
The team of Colligan Golf Design, Irrigation Planning and Design and Fulton
Surveying will be working to produce bid, construction documents and
construction observation services for the three practice holes and improvements
to the pump station along with the water storage slue and associated drainage as
illustrated on the Rockwood Golf Course Master Plan
B. Limits of Duties and Responsibilities of Golf Course Designer
The parties acknowledge and agree that the extent of the services that are
customary to be performed by golf course designers in the business of designing
golf courses and does not include any extraordinary matters nor any item which
must, by law, be performed by other licensed professionals. Golf Course
Designer is not liable for any omissions which may arise from Owner's failure to
secure qualified consultants.
C. Basic Services
The Basic Services consist of the services described in this Section which are to
be performed by the Golf Course Designer during the following four phases of
the Project:
(I) the Preliminary Planning and Design Development Phase,
(I I) the Construction Documents Phase,
(III) the Bidding and Negotiation Phase and
(I) the Construction Observation Phase
PHASE I —PRELIMINARY PLANNING AND DESIGN
DEVELOPMENT PHASE
A. Consultation
1. The Golf Course Designer shall consult with the Owner to ascertain the
requirements of the Project and shall endeavor to confirm, either orally or
in writing, such requirements to the Owner.
2. The Golf Course Designer shall consult with the Owner regarding the
necessity of obtaining services from engineers, surveyors and other
consultants and professionals as may be necessary to complete the Project.
3. Golf Course Designer shall endeavor to furnish to the Owner such data
concerning the design of the golf course as may be necessary for the
approval process by any appropriate governmental authority. This shall
include creating plans in format acceptable for use, but shall not include
separate plans or other extraordinary work not related to actual golf course
design process.
B. Preliminary Planning Phase
1. Preliminary Routing Plan
The Golf Course csigner shall prepare, for the approval of the Owner,
"Preliminary Design Studies" illustrating a routing of the golf course and
such alternates and revisions as the Golf Course Designer deems
necessary. The routing shall show the location of tees, greens, fairway
boundaries, centerlines and such other as the Golf Course Designer deems
necessary or desirable.
2. Preliminary Budget Concept
At or about the same time of presentation of the routing plan, Golf Course
Designer shall prepare a preliminary budget concept utilizing design and
budget parameters supplied by Owner or his consultants. This shall be
based on Golf Course Designer's best judgement as a golf course design
professional. When approved, these shall be utilized as a basis for
designing within Owner's established budget, if applicable.
3. Feature Design
Upon approval by Owner of a final routing plan, Golf Course Designer
shall prepare design studies generally illustrating design intent for each
proposed golf hole.
4. Goli Course Rendering
On or about the completion of the preliminary phase, Golf Course
Designer shall supply Owner with a color rendering of proposed golf
course.
C. Design Development Phase
1. Preliminary Construction Drawings
Golf Course Designer shall prepare "Design Development Studies" as
an intermediate step between preliminary planning and final
construction documents. These may include limited preliminary
construction drawings and outline specifications sufficient in detail, in
the opinion of the Golf Course Designer, to reasonably ascertain actual
scope of construction.
2. Statement of Probable Construction Cost
The Golf Course Designer shall submit to the Owner a statement of the
probable construction cost ("Statement of Probable Construction Cost")
based on information obtained in the Design Development Studies,
The Designer shall represent the Golf Course Designer's best judgment
of the probable construction cost as a design professional.
3. Adjustment to Budget
If necessary, Golf Course Designer shall, in conjunction with the
Owner, and based on the information contained in the Design
Development Studies, endeavor to make scope of work changes that
will bring proposed work within acceptable budget range to Owner.
It is recognized, however, that neither the Golf Course Designer nor the
Owner has control over the cost of labor, materials, equipment or
course accessories, over the Contractor's methods of determining bid
prices, or over competitive bidding, market or negotiating conditions.
Accordingly, the Golf Course Designer can not and does not warrant or
represent that bids or negotiated prices will not vary from any Project
budget which may have been proposed, established or approved by the
Owner of from any Statement of Probable Construction Cost or other
cost estimate or evaluation prepared by the Golf Course Designer,
Phase II — CONSTi2UCION DOCUMENTS PHASE
A. Preparation of Construction Documents
Upon approval by the Owner of the Design Development Studies, the Golf Course
Designer shall prepare for Owner's approval, Construction Documents consisting of the
Working Drawings and Specifications necessary for construction of the Project.
Included with the Construction Specification Documents will be instructions setting forth
the requirements for the construction of the Project and certain of the responsibies of
the Owner and the Contractor who is to construct the Project. These shall include the
requirement that the Contractor(s) provide the Owner with drawings of record and project
user manuals, as necessary.
The final plans and all plans necessary for construction of the golf course shall be of
format deemed appropriate by Golf Course Designer and shall generally include the
following:
1. Staking Plan showing proposed centerlines of each golf hole.
2. Clearing Plan, where applicable.
3. Grading Plan, including approximate quantities of earthmoving.
4. Drainage Plans, to be coordinated with engineer preparing master drainage plan,
where applicable.
5. Grassing Plan.
6. Irrigation Plan
7. Green Details at a scale not less than 1' = 40.0 feet.
8. Appropriate and Customary Construction Details.
B. Other Plans
Other plans which maybe supplied at or about time of Construction Document Phase:
1. Conceptual Cart Path Plan
In the interest of establishing budget parameters and obtaining a bid for
cart path work, Golf Course Designer may choose to prepare a
conceptual cart path plan. This plan shall designate the general scope
of cart path contemplated. Any cart path design shall consider only
matters customarily within the realm of the Golf Course Designer
including circulation, accessibility, concealment and / or other aesthetic
matters.
Golf Course Designer does not warrant or imply any knowledge of
operating characteristics of any proposed golf carts or utility vehicles to
be utilized by Owner nor that golf cart path as designated on plans is
in or sufficient from a vehicular engineering standpoint.
Final design and layout of cart paths is to be done by Owner or his
designated representative or engineer and are not the responsibility of
the Golf Course Designer.
2, Conceptual Landscape Plan
Golf Course Designer shall prepare, if applicable and necessary,
strategic planting locations as shall affect play on the golf course.
Although the actual landscape plan, supervision of the planting and the
actual location and plant size and species will be performed by others
designated by the Owner, the Golf Course Designer shall have the right
of final approval.
3. Dam Concept Plans
Golf Course Designer may prepare general conceptual plans for any
dams to be located on the golf course for the purpose of providing
guidelines as to golf course requirements such as tee, green, or other
feature location. Final construction drawings shall be prepared by
qualified engineer under Owner's direction, with advice and consent of
Golf Course Designer, and are not the responsibility of the Golf Course
Designer.
PHASE III -BIDDING OR NEGOTIATION PHASE
Obtaining Bids as Negotiated Proposals
The Golf Course Designer, following the Owner's approval of the Construction
Documents, shall assist the Owner in obtaining bids or negotiated proposals, and in
awarding a contract for the construction of the Project (the "Construction Contract").
PHASE IV —CONSTRUCTION OBSERVATION PHASE
A. Duration of Construction Phase
The Construction Phase will commence with the award of the Construction Contract and
will terminate at the earlier o£
1. a certificate for final payment is issued with respect to the Project;
or
2. a stipulated date as set forth in this agreement. This contract and the
quoted basic service fee allow for 5 months of construction
observation. It is anticipated the construction will start on or about
March 1, 2011 and be terminated July 31, 2011. If these dates differ
the Golf course Designer may due additional compensation.
B. Contract Documents
The Contract Documents shall consist of the Construction Contract (including the
agreement between the Owner and the Contractor and the conditions of such agreement),
the Drawings, the Specifications, change orders, written interpretations, minor changes
ordered by the Golf Course Designer,
C. Construction Administration
The Golf Course Designer shall assist Owner in providing administration of the
construction of the Project as provided in the Contract Documents.
The Golf Course Designer, shall consult and assist Owner in issuing advice and
instructions to the Contractor awarded the construction contract (the "Contractor"). All
such instruction shall be issued through the Owner.
D. Access to Site
The Golf Course Designer shall at all times have access to the Project wherevex it is in
preparation or progress.
E. Construction Observation Services
1. The Golf Course Designer shall assist the Owner by making periodic
visits to the site of the Project to familiarize himself generally with the
progress and quality of work to determine in general if the Project is
proceeding in accordance with the Contract Documents. On the basis
of his on -site observations, he shall endeavor to identify defects and
deficiencies in the work of the contractor. However, the Golf Course
Designer shall not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions and
programs in connections with the Work, and he shall not be responsible
for the Contractor's failure to carry out the Work in accordance with
the Contract Documents. The Golf Course Designer shall not be
required to make exhaustive or continuous on -site inspections to check
the quality or quantity of the Work. As used herein, the term "Work"
shall mean the construction required by the Contract Documents and
shall include all labor used in such construction and all materials,
equipment and course accessories incorporated or to be incorporated
into such construction.
2. Based on the observation at the site and on the Contractor's application
for payment, the Golf Course Designer shall assist the Owner in
determining the amount owing to the Contractor under the Contract
Documents and shall review and sign Contractor's application for
payment in such amounts if requested by the Owner. Golf Course
Designer's signature on an application for payment shall constitute a
Designer's observations at the site of the Project as provided in
previous sections and on the data compromising the application for
payment, that to the best of his knowledge, information and belief.
a. the Work has progressed to the point indicated in such
application;
b. the quality of the Work is in accordance with the Contract
Documents subject to:
1. an evaluation of the Project as a functioning whole upon
Substantial Completion,
2. the results of any subsequent tests required by or
performed under the Contract Documents,
3. minor deviations from the Contract Documents
correctable prior to Substantial or Final Completion and
4. an specific qualifications stated in the certificate of
payment;
c. the Contractor is entitled to payment in the amount stated in
the certificate for payment.
By issuing a certificate for payment, the Golf Course Designer
shall not be deemed to represent that he has made any
examination to ascertain how or for what purpose the
Contractor has used the moneys paid under the Construction
Contract.
3. The Golf Course Designer shall be the interpreter of the requirements
of the Contract Documents and the judge of the performance there
under by both the Owner and the Contractor. The Golf Course
Designer shall make decisions on all claims of the Owner or Contractor
relating to the Project and on all other matters or questions related
hereto,
4. The Golf Course Designer's decisions on any other claims, matters or
questions shall be subject to arbitration as provided in this Agreement.
The Golf Course Designer shall not be liable for any decision made
pursuant to this Subsection that was rendered in good faith.
5. The Golf Course Designer shall assist the Owner in determination of
need to reject Work which does not conform to the Contract
Documents. The Golf Course Designer shall not be liable to the Owner
for the consequences of any decision made by the Golf Course
Designer in good faith either to exercise their authority to reject all or
any part of the Work.
6. If requested by Owner, the Golf Course Designer shall review and
approve shop drawings, samples, and other submissions of the
Contractor only for conformance with the design concept of the Project
and for compliance with the information given in the Contract
Documents,
7. The Golf Course Designer shall assist the Owner in preparation of
change orders for the Owner's approval and execution, and shall have
authority to order minor changes in the Work which are not directly
inconsistent with the provisions of the Contract Documents.
8. The Golf Course Designer shall assist the Owner in conducting
inspections to determine whether Substantial Completion and Final
Completion have occurred and the dates thereof, shall receive written
guarantees and related documents assembled by the Contractor, and
shall issue a final certificate for payment.
"Substantial Completion" shall be deemed to occur when the Golf
Course Designer on the basis of an inspection of the Project determines
that, to the best of his knowledge, information and belief, the Work has
been substantially completed in accordance with the terms and
conditions of the Contract Documents.
"Final Completion" shall be deemed to occur when the Golf Course
Designer, on the basis of an inspection of the Project, determines that,
to the best of his knowledge, information and belief, the Work has been
completed in accordance with the terms and conditions of the Contract
Documents.
F. Artistic Effect
The Golf Course Designer's decisions in matters relating to artistic effect shall be final if
they are not directly inconsistent with the provisions of the Contract Documents.
Golf Course Designer has right of refusal concerning shapers) that will produce final
grading for the golf course. If in the opinion of Golf Course Designer, the shaper
employed by Owner or Contractor is unable to satisfactorily perform his function, Owner
or Contractor (as appropriate) shall supply new shaper suitable to Golf Course Designer.
G. Golf Course Designer Not Responsible for Contractor's Actions
The Golf Course Designer shall not be responsible for the acts or omissions of the
Contractor, or any Subcontractors, or any of the Contractor's or Subcontractor's agents or
employees, or any other persons performing any of the Work on the Project.
H. Extent of Responsibilities of Golf Course Designer
The extent of the duties, responsibilities and limitations of authority of the Golf Course
Designer as the Owner's responsibties during construction shall not be modified or
extended without the written consent of the Owner, the Contractor and the Golf Course
Designer.
I. Definition of Terms
1. The terms "Contractor" and "Construction Contract" shall, in the
appropriate context, mean the singular or plural forms of such terms.
2. "Assist the Owner" shall mean that the Golf Course Designer shall
review, interpret, or advise Owner on contractual matters, but shall not
prepare, execute, or distribute any documentation related to contract
administration.
1
�a
3
GOLF COURSE DESIGNER' S COlVIPENSATION
(Attachment "B")
July 15, 2010
Basic Service Fee
The Owner shall compensate the Golf Course Designer in accordance with the provisions
of this Agreement, as follows:
For the Basic Services of the Golf Course Designer shall be paid a Lump Sum fee (the
"Basic Services Fee") of Forty -Eight Thousand Dollars ($48,000.00),
Charges for Additional Services
For the Golf Course Designer's Additional Services, a fee computed as follows:
a. Principals' time at the fixed rate of Two Hundred Thirty -Five Dollars
($235.00) per hour. For the purpose of this Agreement, the Principals
are: John Colligan.
b. Employees' time at a fixed rate of One Hundred Sixty Dollars
($160.00) per hour.
C. Secretarial / Clerical time at a fixed rate of Thirty Dollars ($30.00) per
hour.
Reimbursable Ezpenses
Reimbursable expenses include actual expenditures made by the Golf Course Designer,
his employees or his consultants in the interest of the Project for the following:
A. Transportation and living in connection with traveling for the Project.
B. Long distance telephone calls, including fax,
C. Courier expense, photocopies and other reproductions (excluding copies for the
Golf Course Designer's office use) and a duplicate set at each phase of the
Project for the Owner's review and approval.
D. All expendable surveying supplies
E. Fees for securing approval of authorities having jurisdiction over the Project,
and
F. Sets of plans or specifications in which Golf Course Designer has not charged a
pick-up fee to bidders.
Payment
Subsequent payments of the Basic Services Fee shall be made monthly and shall be in
proportion to services performed to increase the total payments on account of the Basic
Services Fee to the following percentages at the completion of each phase of the Project:
A. Consultation, Preliminary Design &
Design Development Studies 40%
C. Construction Documents Phase 90%
D. Bidding or Negotiation Phase 95%
E. Construction Phase 100%
AMENDMENTS TO STANDARD AGREEMENT
FOR ENGINEERING SERVICES
(Attachment " U)
July 15, 2010
PROJECT SCHEDULE
(Attachment "D")
July 15, 2010
1 September 1, 2010 —Preliminary Planning and Design Development Phase
2 October 1, 2010 —Construction Documents Phase
3 December 1, 2010 —Bidding Phase
4 March 1, 2011 Construction Observation Phase
5 July 1, 2011 Construction Observation Phase Completed
6 October 1, 2011 Three Practice Holes Open For Play
LOCATION MAP
(Attachment "E")
July 15, 2010
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