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HomeMy WebLinkAboutContract 55951-A1 CSC No. 55951-A1 AMENDMENT No. 1 TO CITY SECRETARY CONTRACT No. 55951 WHEREAS, the City of Fort Worth (CITY) and John C. Colligan d/b/a Colligan Golf Design, (ENGINEER) made and entered into City Secretary Contract No. 55951, (the CONTRACT) which was authorized by M&C 21-0365 on the 8th day of June, 2021 in the amount of $ 110, 000 . 00; and WHEREAS, the CONTRACT involves engineering services for the following project: Meadowbrook Golf Course Renovation, CPN 103213; and WHEREAS, it has become necessary to execute Amendment No. 1 to the CONTRACT to include an increased scope of work and revised fee. NOW THEREFORE, CITY and ENGINEER, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends the CONTRACT : 1 . Article I of the CONTRACT is amended to include the additional engineering services specified in proposal attached hereto and incorporated herein. The cost to City for the additional design services to be performed by Engineer totals $550,000. 00. (See Attached Funding Breakdown Sheet, Page -4-) 2 . Article II of the CONTRACT is amended to provide for an increase in the fee to be paid to Engineer for all work and services performed under the Contract, as amended, so that the total fee paid by the City for all work and services shall be an amount of $660,000. 00. 3 . All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. EXECUTED and EFFECTIVE as of the date subscribed by the City' s designated Assistant City Manager. OFFICIAL RECORD CITY SECRETARY City of Fort Worth, Texas Meadowbrc FT. WORTH, TX Prof Services Agreement Amendment Template Revision Date: November 23, 2021 Page 1 of 24 APPROVED: City of Fort Worth Colligan Golf Design John C. Colligan d/b/a Colligan Golf Design Jesica McEachern John C. Colligan Assistant City Manager Principal DATE: Sep 6, 2022 DATE: Aug 30, 2022 APPROVAL RECOMMENDED: )9, JA_ Dave Lewis Interim Director, Park & Recreation Department 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 . Scott E. Penn District Superintendent APPROVED AS TO FORM AND LEGALITY: M&C: 22-0655 Date : _Aug. 23, 2022 Mack(Sep 2,2022 17:09 CDT) Douglas W. Black Sr. Assistant City Attorney ICY ICY ��°FORT°k ATTEST: F,�.o° 0, o �'� `7a�r�rette GooalgGG �o o= , Jannette S.Goodall(Sep 7,2022 08:29 CDT) ��*o° °°o 4� °O°00000 101 Jannette Goodall l �a�nixii& ' City Secretary - V C� OFFICIAL RECORD CITY SECRETARY City of Fort Worth, Texas Meadowbr FT. WORTH, TX Prof Services Agreement Amendment Template Revision Date: November 23, 2021 Page 2 of 24 FUNDING BREAKDOWN SHEET City Secretary No. 55951 Amendment No. 1 Department Fund-Account-Center Amount 080 30100-0800450-5330500-103213-004930-9999 110, 000 .00 080 34027-0800450-5330500-103213-004930-9999 550, 000 . 00 Total: 660, 000 . 00 City of Fort Worth, Texas Meadombrookk Golf Course Renovation Prof Services Agreement Amendment Template 103213 Revision Date: November 23, 2021 Page 3 of 24 Scope of Services ARTICLE 1 — INTENTION OF PARTIES WHEREAS, the Owner is legally in possession of certain real property (140 acres) located at 1815 Jensen Road in Fort Worth, Tarrant County, Texas. WHEREAS, the Owner desires to construct the improvements to the said property, generally described as: The development of construction documents for renovation of all 18 holes and associated site improvements at Meadowbrook Golf Course per the endorsed master plan (attached). hereinafter referred to as "Project". WHEREAS, the Owner, a City Owned Golf Facility has determined that it would be desirable and in the best interests of the Owner to engage the Designer as an independent consultant; WHEREAS, the Designer is experienced in designing plans and specifications for golf courses and the observation of the construction of golf courses generally; and WHEREAS, the Designer desires to furnish such services to the Owner upon the terms and conditions as further set forth herein. That Owner shall engage the Designer as an independent consultant and the Designer agrees to accept such engagement upon the terms and conditions hereinafter set forth. The team will consist of: Colligan Golf Design Golf Design Larry Rodgers Design Group Irrigation MultaTech (M/BE) Engineering/Permitting Gorradona & Associates Surveying K + K Associates RAS ARTICLE 2 — GOLF COURSE DESIGNER'S SERVICES 2.1 GENERAL PROVISIONS A. Coordination with Other Consultants Golf Course Designer shall be available from time to time to consult with other design professionals on the Project to assist in development of conceptual design parameters for land plan, the clubhouse, maintenance area, cart staging, and related facilities as may be applicable. Golf Course Designer shall not, however, be responsible for final design of these other facilities. City of Fort Worth, Texas Meadowbrook Golf Course Renovation Prof Services Agreement Amendment Template 103213 Revision Date: November 23, 2021 Page 4 of 24 B. Limits of Duties and Responsibilities of Golf Course Designer The parties acknowledge and agree that the extent of the services set forth in subsection 2.2 include only 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. 2.2 BASIC SERVICES The Basic Services consist of the services described in this Section 2.2, which are to be performed by the Golf Course Designer during the following four phases of the Project: (1) the Consultation Phase, (II) the Construction Documents Phase, (III) the Bidding and Negotiation Phase and (IV) the Construction Observation Phase 2.2.1 PHASE I — CONSULTATION AND MASTER PLANNING PHASE A. Consultation 1. The Golf Course Designer shall consult with the Owner to ascertain the parameters, goals and objectives 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. The Golf Course Designer will take a preliminary tour of the golf course to determine review existing conditions and to formulate potential design solutions. 4. The Golf Course Designer will work with the Owner to gather critical base data and will complete a basic site analysis. B. Coordination/Management/Communication CONSULTANT shall perform the following tasks: City of Fort Worth, Texas Meadowbrook Golf Course Renovation Prof Services Agreement Amendment Template 103213 I Revision Date: November 23, 2021 Page 5 of 24 1) Attend one (1)project kick-off meeting(two-hour duration) with the CITY to review project scope, schedule, deliverables, status reporting, communications, and expectations for the project. 2) Lead and manage the CONSULTANT and sub-consultant design team throughout the project. 3) Communicate regularly by phone and email with CITY staff. 4) Provide to the CITY a one-page project status report on the last business day of each month throughout the project. 5) Participate in meetings with CITY staff as noted specifically in each task described below. 6) Basic services for bid set shall include preparation of design submittals, construction documents,project manual and cost opinion documents. Project design duration is anticipated to be approximately ten (10) months (300 Calendar days). 7) Special Services shall be those services necessary to provide appropriate design guidelines for the design/construction documents. (i.e.;topographic survey, etc.) These are described in greater detail below. 2.2.2 Phase II — CONSTRUCTION DOCUMENTS PHASE A. Preparation of Construction Documents Upon approval by the Owner of the goals and objectives, 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 responsibilities 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 the modifications 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 and Demolition Plan, where applicable. 3. Grading Plan, including approximate quantities of earthmoving. 4. Drainage Plans, 5. Turf Grassing Plan, to illustrate contour mowing patterns on fairways and around greens. 6. Irrigation Plan, showing head locations, pipe sizes, wiring diagram and control system. 7. Appropriate and Customary Construction Details. City of Fort Worth, Texas Meadowbrook Golf Course Renovation Prof Services Agreement Amendment Template 103213 Revision Date: November 23, 2021 Page 6 of 24 B. Other Plans Other plans which may be 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 sound or sufficient from a vehicular engineering standpoint. C. Data Review/Site Visit/Base Map CONSULTANT shall perform the following tasks: 1. Gather and review available relevant project data provided by CITY and other sources: this will include existing site infrastructure (utilities), survey and/or other legal documents regarding property identification/verification 2. Visit project site to observe and photographically document existing conditions as necessary for completion of the project. 3. Prepare a project base map for the project utilizing sheet format provided by CITY, CONSULTANT's special services survey data, relevant project data, and latest Google Earth or other available aerial photographic imagery. The project base map shall be 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 (and with full-color aerial photo background which can be turned on or off as requested by CITY). 4. Attend one (1) meeting (two-hour duration) with the CITY to review project data, site photos, base map, and other information resulting from special services tasks prior to proceeding with preparation of schematic design documents. D. Schematic (30% Design) CONSULTANT shall perform the following tasks: 1. Consultant will prepare Construction Documents (CD's) for the proposed golf course renovation and submit to the CITY at an approximate 30% level of completion. City of Fort Worth, Texas Meadowhrook Golf Course Renovation Prof Services Agreement Amendment Template 103213 Revision Date: November 23, 2021 Page 7 of 24 2. Based upon the 30% CD's, Consultant will prepare an Opinion of Probable Construction Costs (OPCC) for the proposed improvements to be included in the Bid and Construction Document Package. 3. Consultant will attend one (1) meeting with the CITY to review the 30% CD's and the 30% OPCC to confirm the overall design and obtain CITY approval before proceeding into the 60% CD level documents. The CONSULTANT will take the comments and input from the CITY and incorporate those in the 60% CD's. Note: All improvements will follow applicable City of Fort Worth standards and details, unless directed otherwise. Park Facility Standards will be provided by the CITY. All other required standards will need to be researched, verified, and acquired separately. E. 60% Construction Documents CONSULTANT shall perform the following tasks: 1. Prepare and submit 60% design/construction documents for golf course renovation improvements to the CITY for review. These documents shall incorporate CITY comments and input from the previous review of project data and existing site conditions. 2. 60% design/construction documents will be required for: a. design/construction plans b. anticipated technical specifications (outline only) c. detailed OPCC 3. Coordinate and schedule plan review meeting with City Floodplain Engineer and TPW Storm Water a. Drainage plan review b. Floodplain impact determination c. Permitting requirements defined 4. Attend a meeting with the CITY to discuss CITY review comments regarding the 60% submittal and obtain CITY input prior to CONSULTANT's preparation of 90% construction documents. F. 90% Construction Documents CONSULTANT shall perform the following tasks: 1. Prepare and submit 90% design documents for all anticipated golf course renovation to the CITY for review, incorporating previous CITY review comments and input. An OPCC will be prepared 2. 90% design/construction documents will be required for: a. design/construction plans b. anticipated technical specifications (approximated final copies) 3. Attend a meeting with the CITY to discuss CITY review comments regarding the 90% submittal and obtain CITY input prior to ENGINEER's preparation of 100% final construction documents. City of Fort Worth, Texas Meadowbrook Golf Course Renovation Prof Services Agreement Amendment Template 103213 Revision Date: November 23, 2021 Page 8 of 24 4. Apply for and obtain Floodplain Development Permit and all necessary storm water data that may be required for contractor site development or building permit application. G. 100% Preliminary-Final Construction Documents CONSULTANT shall perform the following tasks: 1. Prepare and submit 100% preliminary-final design documents for golf course renovation to the CITY for review, incorporating previous CITY review comments and input. An OPCC will be prepared 2. 100% preliminary-final design documents required, will be: a. Mylar cover sheet (template to be supplied by CITY) b. design/construction plans c. final technical specifications (considered ready for bidding documents) 3. Incorporate any remaining comments and input from CITY regarding the 100% preliminary-final submittal prior to ENGINEER's submittal of final sealed and signed construction documents for bidding advertisement by CITY. 4. Submit plans to a Texas Licensed Registered Accessibility Specialist (RAS) for review and inspection upon construction completion. H. Sealed Construction Documents for Bidding CONSULTANT shall perform the following tasks: 1. Submit two sealed and signed bid set design documents for all improvements to CITY, along with digital copy, for bidding advertisement, incorporating previous CITY review comments and input. These improvements shall include all of the elements from the previous task. 2. Bidding design/construction documents shall include the following: a. Sealed design/construction plans b. Sealed page for final technical specifications c. Detailed OPCC for all planned improvements 2.2.3 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"). Bid Phase Assistance CONSULTANT shall perform the following tasks: City of Fort Worth, Texas Meadoiehrook Golf Course Renovation Prof Services Agreement Amendment Template 103213 Revision Date: November 23, 2021 Page 9 of 24 1. prepare and submit written responses to bidder requests for information (RFI's), through the CITY 2. attend pre-bid conference, in support of the CITY 3. assist the CITY with bid analysis, bid tabulation, and bid award recommendation 2.2.4 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 of: 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 18 months of construction observation. It is anticipated the construction will start on or about November 6, 2023 and be terminated May 2, 2025. If these dates differ, Golf Course Designer may be entitled to additional payment pursuant to Subsection 5.9. 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 pursuant to Subsection 2.E.7 and any amendments thereto. 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 wherever it is in preparation or progress. City of Fort-Worth, Texas I.leadowbL oo}: Golf Course Renovation Prof Services Agreement Amendment Template 103213 Revision Date: November 23, 2021 Page 10 0 f 24 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 Subsection 2.2.4C 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. I City of Fort Worth, Texas Meadowbrook Golf Course Renovation Prof Services Agreement Amendment Template 103213 Revision Date: November 23, 2021 Page 11 of 24 it 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 thereunder 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 that 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. City of Fort Worth, Texas Meadowbrook Golf Course Renovation Prof Services Agreement Amendment Template 103213 Revision Date: November 23, 2021 Page 12 0 f 24 "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. 9. Drawings of Record: The Golf Designer will work with the Golf Course Contractor to furnish As-Built drawings for the project. These drawings will be reproducible record prints of drawings showing significant changes made during the construction of the Project, based on marked up prints, drawings and other data furnished by the Contractor to the Golf Course Designer. 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 shaper(s) 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 responsibilities 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. City of Fort Worth, Texas Meadowbrook Golf Course Renovation Prof Services Agreement Amendment Template 103213 Revision Date: November 23, 2021 Page 13 0 f 24 ARTICLE 3 ADDITIONAL SERVICES OF GOLF COURSE DESIGNER The services listed below in Subsections 3.1 through 3.16 are not included in Subsections 2.2.4 A through I under the caption "Basic Services." If any Additional Services are requested by Owner, they shall be paid for by the Owner as hereinafter provided. 3.1 Special Studies Providing or assisting in the development of special studies including, but not limited to: a. Financial feasibility, market analysis, pro formas or other financial studies. b. Archaeological, historical, wetlands, wildlife, environmental impact or other environmental studies, reports or plans. C. Land planning. d. Engineering traffic studies or other special analysis. e. Providing promotional material (other than customary renderings of golf course) including, but not limited to scale models, videos or brochures. 3.2Site Selection Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.3Surveying Surveying or making measured drawings of existing construction when required for planning additions or alterations thereto. 3.401btaining Permits Obtaining permits or providing drawings or exhibits in specific format, not generally related to golf course design or construction for the specific purpose of meeting applicable codes of appropriate governmental bodies of this agreement. Such plans may include, but are not limited to, silt control, dust abatement, zoning plans, water allocations or other special plans. 3.5 Construction Documents Outside Golf Course Designer's Scope of Service Contracting with other to provide, at Owner's expense, the following construction documents necessary for construction of a golf course, but outside our area of expertise: A. Dam, weir, channel or flood control plans of any nature B. Landscape Plans C. Clubhouse, maintenance, shelter, or other structural plans City of Fort Worth, Texas Meadowbrook Golf Course Renovation Prof Services Agreement Amendment Template 103213 Revision Date: November 23, 2021 Page 14 0 f 24 3.6 Changes to Plans Revising previously approved Drawings, Specifications or other documents to accomplish changes not initiated by the Golf Course Designer. 3.7Consultation as to Damage Providing consultation concerning replacement of any part of the Project damaged by casualty or other cause during construction and furnishing professional services of the type set forth in Subsection 2.2 under the caption "Basic Services" as may be required in connection with the replacement of such parts of the Project. 3.8Consultation Related to Default of Contractor Providing professional services made necessary by the default of the Contractor in the performance of the Contract Documents or the defaults of any subcontractor or supplier of materials, equipment or golf course accessories. 3.9Services After Substantial Completion Providing assistance in administration of the Construction Contract and observation of the Work after the time specified in the Contract Documents for Substantial Completion has been exceeded by more than twenty percent or sixty (60) days, whichever is less, through no fault of the Golf Course Designer. 3.10 Court Testimony Providing services as a witness in connection with any public hearing, arbitration proceeding, or the proceedings of a court of record. 3.11 Providing Consultants Providing services of consultants, except as noted in Section 13.3. 3.12 Orientation Services Providing re-orientation services in the event that Owner replaces his representative or key consultants during the course of the project. 3.13 Other Services Providing any other services not otherwise included under Basic Services in Subsections 2.2.4 A through I. 3.14 Contract Administration City of Fort Worth, Texas Meadowbrook Golf Course Renovation Prof Services Agreement Amendment Template 103213 Revision Date: November 23, 2021 Page 15 0 f 24 Providing Contract Administration Services or a Project Representative, unless otherwise stipulated by and agreed to by the Owner as an optional construction phase service. ARTICLE 4 GOLF COURSE DESIGNER'S COMPENSATION 4.1 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 as described in Subsections 2.2 through 2.14, a Lump Sum fee (the "Basic Services Fee") of Five Hundred Fifty Thousand Dollars ($550,000.00) which shall be paid in conformity with the schedule described in Article 6. 4.2Charges 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 Sixty-Five Dollars ($265.00) per hour For the purpose of this Agreement, the Principals are: John Colligan. b. Employees' time at a fixed rate of One Hundred Eighty Dollars ($180.00) per hour. C. Secretarial / Clerical time at a fixed rate of Thirty Dollars ($30.00) per hour. Services of consultants, if included in Golf Course Designer's contract, including those retained in accordance with Subsection 3.1, at a multiple of 110% or (1.1) times the amount billed to the Golf Course Designer for such services. 4.3 Reimbursable Expenses Reimbursable expenses are included in the Basic Service Fee. Optional Construction Observations Services and compensation for any Additional Services, 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 travelling 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 City of Fort Worth, Texas Meadowbrook Golf Course Renovation Prof Services Agreement Amendment Template 103213 Revision Date: November 23, 2021 Page 16 0 f 24 F. Sets of plans or specifications in which Golf Course Designer has not charged a pick-up fee to bidders. ARTICLE 5 — PAYMENT SCHEDULE AND TERMS Payments to the Golf Course Designer shall be made as described in this Subsection. 5.1 Initial Payment No initial payment in this Agreement. 5.2Subsequent 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. Coordination/Management/Coordination 20% $110,000.00 B. Data Review/Site Visit/Base Map 30% $55,000.00 C. Schematic Design 30% 40% $55,000.00 D. Construction Documents 60% 50% $55,000.00 E. Construction Documents 90% 60% $55,000.00 F. Construction Documents 100% 80% $110,000.00 G. Bidding Assistance 90% $55,000.00 H. Construction Assistance 100% $55,000.00 TOTAL $550,000.00 5.3 Monthly Invoicing A. Payments for any Additional Services of the Golf Course Designer, the services of any Contract Administration or Project Representatives and any Reimbursable Expenses shall be made monthly upon presentation of the Golf Course Designer's statement of services rendered. 5.4 Interest Charges Any payments due the Golf Course Designer under this agreement shall be due upon receipt. Accordingly, all invoices shall bear interest commencing at date of billing of invoice by Golf Course Designer. No interest shall be charged, however, provided payment is in receipt at Golf Course Designer's office within thirty (30) days of issue invoice. Responsibility for timely payment lies completely with the Owner and no allowances shall be made by Golf Course Designer for delayed mail, or any other cause. City of Fort Worth, Texas Meadowbrook Golf Course Renovation Prof Services Agreement Amendment Template 103213 Revision Date: November 23, 2021 Page 17 0 f 24 Interest rate shall be 18% per annum together with reasonable attorney's fees and legal expenses incurred in the collection thereof; provided, however, that in no event shall the interest rate exceed the highest rate permitted by applicable law. 5.5 Credit of Payments Whenever interest charges are due to the Golf Course Designer under the terms of this agreement, and current payment does not fully cover professional design fees (basic or additional), expenses, and interest charges, payments shall be credited first to interest in full, the expenses and lastly, to professional fees. The next month's invoice shall then reflect new interest charges based in the calculated unpaid professional design service fee and including compounded interest as due under the terms of Subsection 5.4. 5.6 Deductions No deductions shall be made from the Golf Course Designer's compensation on account of penalties, liquidated damages or other sums withheld from payments to the Contractor. 5.7 Delay, Suspension, Abandonment of Project If the Project is delayed, abandoned or suspended in either design or construction phase for more than one month because of strikes, acts of God, extreme bad weather or any other cause beyond the control of the Golf Course Designer, thereupon the Golf Course Designer shall be paid all of his compensation for Basic or Additional Services performed prior to receipt of written notice of the abandonment of suspension of the Project, together with Reimbursable Expenses and payments for the services of any optional abandonment of the Project. Expenses may include additional professional service charges for re-activating design phase process. 5.8 Automatic Escalator It is anticipated in this contract that the prosecution of the design work shall proceed upon signature of the agreement and be generally accomplished on an uninterrupted time schedule, unless otherwise noted in the miscellaneous conditions. In the event that work is delayed for any reason beyond the Golf Course Designer's control, all phases of the work as described in Article 2 will be subject to an automatic escalator equivalent to the consumer price index if any of the phases have not been initiated within six (6) months of the date of acceptance of this agreement. Reimbursable expense estimates, hourly rates, consultants' charges and other miscellaneous charges (if applicable) are also subject to increases in exactly the same proportion as allocated to professional fees, as described above. City of Fort Worth, Texas Meadowbroo}: Golf Course Renovation Prof Services Agreement Amendment Template 103213 Revision Date: November 23, 2021 Page 18 of 24 ARTICLE 6 — OWNER'S RESPONSIBILITIES 6.1 Securing Funds for Payment Owner shall completely satisfy Golf Course Designer that funds are available for payment of services, by methods as mutually agreed to the Owner and Golf Course Designer. 6.2 Base Information The Owner shall furnish a certified land survey of recent date of the site of the Project giving, as applicable, grades and lines of street, alleys, pavements, and adjoining property; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing building, other improvements and trees; and full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths. The Owner shall also furnish, as applicable, zoning restrictions, deed restrictions, wetlands delineations, and hydrological information relating to the site. 6.3 Reliability of Information The services, information, surveys and reports required by Section 6.2 shall be furnished at the Owner's expense, and the Golf Course Designer shall be entitled to rely upon the accuracy and completeness thereof. 6.4 Owner's Representative The Owner shall designate, when necessary or appropriate for the expeditious completion of the Project, a representative authorized to act on his behalf with respect to the Project. The Owner or his representative shall render decisions pertaining to such documents promptly in order to avoid unreasonable delay in the progress of the services to be performed by the Golf Course Designer under this Agreement. 6.5 Consultants The Owner shall furnish the services of consultants when such services are deemed necessary or appropriate by the Golf Course Designer. Such consultants may include among others, soil engineers, irrigation consultants, engineers and planners. Unless otherwise stipulated, all consultants shall be employed directly by Owner. 6.6 Surveying of Control Points Owner shall provide for surveying of control points, tees, greens, doglegs and several benchmarks. Owner shall stake the final preliminary routing for field review by the Golf Course Designer. Owner shall subsequently re-stake any points as necessitated due to revisions in final design for contractor's use. The specifications City of Fort Worth, Texas Meadowbroo}c Golf Course Renovation Prof Services Agreement Amendment Template 103213 Revision Date: November 23, 2021 Page 19 of 24 for construction shall stipulate, however, that the contractor is responsible for maintenance of such points at his cost. 6.7 Permits The Owner shall obtain all required permits and the approval of all governmental authorities having jurisdiction over the project and such approvals and consents from such other individuals or authorities as may be necessary for completion of the Golf Course. The Engineer will provide all necessary documents for permit submittals. 6.8 Testing The Owner shall furnish any laboratory test, inspection or report as required by law or the Contract Documents. 6.9 Legal, Accounting The Owner shall furnish such legal, accounting and insurance counseling services as may be necessary for the Project, including, without limitation, such auditing services as he may require to ascertain how or for what purposes the Contractor has used the moneys paid to him under the Construction Contract. 6.10 Notification of Golf Course Designer in Case of Faults or Defects If the Owner observes or otherwise becomes aware of any fault or defect in the Project or any nonconformance of the Project with the Contract Documents, he shall give prompt written notice thereof to the Golf Course Designer. 6.11 Timely Information The Owner shall furnish information and services required of him as expeditiously as necessary for the orderly progress of the project. 6.12 Promotional Material A. The Owner shall provide a reasonable number of copies to the Designer of promotional materials, brochures, photographs, newsletters, scorecards, articles, video and taped materials that he may produce for use by the Designer, but is not obligated to produce such materials solely for benefit of the Golf Course Designer. 6.13 Limitation of Golf Course Designer's Liability A. The Owner shall prepare or allow Golf Course Designer to prepare specifications or construction contracts that protect Golf Course Designer from construction liability as is customary and reasonable in the industry. This includes having contractor name Golf Course Designer as additional insured for any general liability policies as they pertain to the Project. City of Fort Worth, Texas [ieadowbrook Golf Course Renovation Prof Services Agreement Amendment Template 103213 Revision Date: November 23, 2021 Page 20 0 f 24 B. Golf Course Designer shall have right of approval of any construction contract that may be prepared by Owner in relation to this Project for the purpose of insuring that excess liability does not accrue to Golf Course Designer. C. The Owner agrees to limit the Golf Course Designer's professional liability due to negligent acts, errors or omissions, such that the total aggregate liability of Golf Course Designer shall not exceed $100,000 or Golf Course Designer total fee for services rendered on this Project, whichever is greater. 6.14 Contingency Fund Owner acknowledges that golf course design and construction is not an exact science, affected more than other forms of construction by unforeseen conditions, weather, and other design factors. In recognition of this fact, Owner agrees to set aside a contingency fund over and above any established budget agreed upon with Golf Course Designer, to accommodate unforeseen cost overruns. This contingency shall not be less than 10% of the anticipated golf course construction budget and is to be kept in reserve solely for necessary additions or corrections to basic golf course construction features under control of Golf Course Designer. 6.15 Payment of Taxes If the design work is being done in connection with a project in a state or county which requires taxes on design service, Owner shall pay such taxes. If, during the course of the Project any government authority enacts new or additional taxes, surcharges or fees, Owner shall pay these taxes, or in the alternative, Owner shall compensate Golf Course Designer by adjusting fee to cover such taxes. 6.16 Proper Use of Facilities Upon acceptance of the Project, or portions thereof, Owner agrees that operation and maintenance of all facilities, apparatus and systems shall be done in a proper manner, whether by Owner's employees, agents or subcontractors. Owner agrees to indemnify and hold harmless the Golf Course Designer for any defect or fault of the design if improper maintenance or operation is the primary cause of the defect. 6.17 Approval of Plans Owner, through his designated representative, shall give written approval and concurrence at the conclusion of each phase in form and manner appropriate and mutually agreeable to both parties. 6.18 Water Supply Owner is responsible for providing a reliable water supply. City of Fort Worth, Texas Meadowbrool: Golf Course Renovation Prof Services Agreement Amendment Template 103213 Revision Date: November 23, 2021 Page 21 0 f 24 6.19 Turf Maintenance Owner is responsible for maintaining the turf. ARTICLE 7 — TERMINATION OF AGREEMENT This agreement may be terminated: (i) by either party upon ten (10) days written notice should the other party fail to substantially perform in accordance wit the terms of this Agreement after having been given written notice of such failure and thirty (30) days to cure, provided such failure is not attributable to the party initiating the termination or (ii) by the Owner upon ten (10) days written notice to the Golf Course Designer should the Project be permanently abandoned. At the time of such termination, the Golf Course Designer shall be paid for all Basic Services, Additional Services, Reimbursable Expenses or services of any Project Representatives performed or incurred prior to or on the termination date including such sums as may accrue subsequent to and as a part of terminating services under this Agreement. ARTICLE 8 — OWNERSHIP OF DOCUMENTS Notwithstanding any termination of this Agreement: (i) Drawings (including Working Drawings) and Specifications are instruments of service and shall remain the property of the Golf Course Designer whether the Project for which they are made is executed or not and (ii) Drawings (including Working Drawings) and Specifications are not to be used by the Owner on other projects or extensions to this project except by agreement in writing and with appropriate compensation to the Golf Course Designer. ARTICLE 9 — SUCCESSORS AND ASSIGNS The Owner and the Golf Course Designer each binds himself, his partners, successors, assigns and legal representatives to the other party to the Agreement and to the partners, successors, assigns and legal representatives of such other party in respect of all covenants of this Agreement. Neither the Owner nor the Golf Course Designer shall assign or transfer his interest in this Agreement without the written consent of the other. ARTICLE 10 — EXTENT OF AGREEMENT This Agreement represents the entire and integrated Agreement between the Owner and the Golf Course Designer and supersedes all prior negotiations, representations, or agreements either written or oral. This Agreement may be amended only by writing executed and delivered by the parties hereto. ARTICLE 11 — PROCESS FOR RESOLVING DISPUTES Owner agrees that in all claims, disputes and other matters arising out of, or relating to, this Agreement or any alleged breach thereof, he shall first contact Golf Course Designer in writing, and allow Designer a fair opportunity to rectify grievances. If satisfactory resolution of dispute cannot be achieved, Owner agrees to then pursue mediation with a City of Fort Worth, Texas Neadowbrrook Golf Course Renovation Prof Services Agreement Amendment Template 103213 Revision Date: November 23, 2021 Page 22 0 f 24 mediator mutually agreed to by both parties. If such mediation fails to produce resolution satisfactory to either party, then and only then, may legal action be instituted. ARTICLE 12 —ACCEPTANCE OF AGREEMENT This agreement must be accepted and signed, with one executed copy returned to the Golf Course Designer within sixty (60) days of signature by Golf Course Designer. After this time period, this offer is null and void and a new agreement will be offered, if desired. UNLESS OTHERWISE SPECIFIED, THIS AGREEMENT SHALL BE GOVERNED BY THE LAW OF THE STATE IN WHICH THE PRINCIPAL PLACE OF BUSINESS OF THE GOLF COURSE DESIGNER IS LOCATED. ANY LEGAL ACTION ARISING FROM THIS CONTRACT MUST BE BROUGHT IN TARRANT COUNTY, TEXAS. ARTICLE 13 — MISCELLANEOUS PROVISIONS 13.1 Greens Construction Specifications Golf Course Designer shall specify as part of the construction document greens construction methods that closely follow specifications recommended by the United States Golf Association. He shall further specify the sand, gravel and sphagnum peat moss used in the construction of the greens shall be tested and approved by a recognized testing laboratory prior to the acceptance and award of the Contractor's Bid or prior to construction. The Designer and Owner may agree, after discussion of all pertinent factors, to modify USGA specifications, but in either case the Designer will not be responsible for the performance of the greens after construction. 13.2 Design Meetings Meetings between Golf Course Designer and the Owner are a necessary function of our service. Included in the basic fee are the following meetings. The list is conceptual. Owner, at his option and as project needs dictate, may reallocate meetings. If the total number of meetings listed below is exceeded, additional meetings shall be considered additional service to be paid as described in Section 4.2. DESIGN PHASE NO. OF MEETINGS Consultation Phase 2 Construction Drawings Phase 4 Bidding Phase 2 Miscellaneous 2 Total 10 13.3 Sub Consultants a. Irrigation design shall be provided by an irrigation consultant who will prepare plans and bid specifications, equal in detail to the golf course plans. Plans City of Fort Worth, Texas Neadcwbrook Golf Course Renovation Prof Services Agreement Amendment Template 103213 Revision Date: November 23, 2021 Page 23 0 f 24 will allow the Owner to plan for irrigation expansion and provide for competitive bids, to provide consultation as to water demand and water source concerns. Golf Course Irrigation Design shall accommodate wind conditions prevalent at course location. 13.4 Other Provisions Proposal fee includes the following maximum site visits: Principal 50 visits (35 construction, 10 design and 5 floating) Associate 50 visits City of Fort Worth, Texas Meadowbrook Golf Course Renovation Prof Services Agreement Amendment Template 103213 Revision Date: November 23, 2021 Page 24 0 f 24 City of Fort Worth, Texas Mayor and Council Communication DATE: 08/23/22 M&C FILE NUMBER: M&C 22-0655 LOG NAME: 80MEADOWBROOK GC RENOVATION-DESIGN SUBJECT (CD 4)Authorize Execution of Amendment No. 1 to an Engineering Agreement with John C. Colligan d/b/a Colligan Golf Design, for the Design and Preparation of Construction Documents for the Renovation of Meadowbrook Golf Course in the Amount of$550,000.00 for a Total Contract Value of$660,000.00 (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize the execution of Amendment No. 1 to City Secretary contract number 55951, an engineering agreement with John C. Colligan d/b/a Colligan Golf Design,for the design and preparation of construction documents for renovation of Meadowbrook Golf Course(City Project No. 104201)in the amount of$550,000.00,for a total contract value of$660,000.00. DISCUSSION: The purpose of this Mayor and Council Communication (M&C)is to authorize the execution of Amendment No. 1 to City Secretary contract number 55951, an engineering agreement with John C. Colligan d/b/a Colligan Golf Design, in the amount of$550,000.00 for the design and preparation of construction documents for renovation of Meadowbrook Golf Course. Meadowbrook Golf Course is an 18-hole golf course on 140-acre site located in east Fort Worth. It was established in 1924 and turned over to the City in 1937. Golf Division staff identified available project funds from 2020 golf course revenue proceeds in the amount of$125,000.00.These proceeds were appropriated in the Fiscal Year 2021 Capital Improvement Plan in order to fund a course renovation Master Plan. After solicitation and review of numerous golf course design firm qualifications, Colligan Golf Design was selected to provided these services. On June 8, 2021 (M&C 21-0365)the City Council authorized execution of a Standard Engineering and Related Professional Services Agreement with John C. Colligan d/b/a Colligan Golf Design, in the amount of$110,000.00 for development of the Meadowbrook Golf Course Renovation Master Plan (City Project No. 103213). The master planning effort included a complete assessment of the existing Meadowbrook Golf Course, including all its facilities(maintenance yard,clubhouse, etc.), research of existing golf trends and demographics,culiminating in the production of an overall Master Plan that is now the guide for future renovations of Meadowbrook Golf Course. The Meadowbrook Golf Course Master Plan was endorsed by the Park&Recreation Advisory Board on May 25, 2022. The 2022 Bond Program includes funding, in the amount of$7,000,000.00 which will be appropriated to the project in a separate M&C,for the renovation of Meadowbrook Golf Course;to include all professional services, construction and administration. An estimated project construction cost of$6,000,000.00 has been identified to upgrade aging infrastructure and enhance course playability by reconfiguring tees,fairways and greens. Available resources within the General Fund will be used to provide interim financing until the 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. MM/BE OFFICE-A waiver of the goal for Business Equity subcontracting requirements was requested,and approved by the DVIN, in accordance with the applicable Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. Meadowbrook Golf Course is located in COUNCIL DISTRICT 4. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2022 Bond Program Fund for the 2022 Bond Meadowbrook GC project to support the approval of the above recommendation and execution of the amendment to the engineering agreement. Prior to any expenditure being incurred,the Park&Recreation Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by. Valerie Washington 6192 Originating Business Unit Head: Dave Lewis 5717 Richard Zavala 5711 Additional Information Contact: Scott Penn 5750 Signature: gNDL��b��� Om Email: melissa.brunner@fortworthtexas.gov