HomeMy WebLinkAboutContract 46551 CITY SECRETARY
CONTRACT NO.
SMALL SITE DESIGN & CONSTRUCTION SERVICES AGREEMENT
THIS SMALL SITE DESIGN and CONSTRUCTION SERVICES AGREEMENT
("Agreement") is made and entered into by and between the City of Fort Worth, a Texas home
rule municipal corporation ("City") and S&S Trail Services, LLC, ("Contractor") for the
purpose of making certain improvements at Tandy Hills Park as further described herein
("Improvements").
SECTION 1.
1.01 Contractor hereby agrees to furnish all labor, materials, tools and the necessary
equipment for the construction and installation of the Improvements as indicated in Exhibit "A"
within the Tandy Hills Park area, the location generally identified in "Exhibit B" of this
Agreement ("Area").
1.02 City hereby agrees to compensate Contractor an amount up to $7,390.00 detailed on
Exhibit A and pursuant to the terms in this Agreement.
SECTION 2.
2.01 The Contractor shall commence, carry on, and provide such services in accordance with
this Agreement, and its Attachments and/or Exhibits, and all applicable laws. In providing such
services, the Contractor shall take such steps as are appropriate to ensure that the work involved
is properly coordinated with any related work being or to be performed by the City.
2.02 No work shall commence until approval has been granted by the City.
2.03 The Contractor represents that it has or will secure, at its own expense, all materials,
supplies, machinery, equipment, tools, superintendence, labor, personnel, insurance, and other
accessories and services necessary to provide the Improvements.
2.04 The City will make inspections to determine compliance with this Agreement. In the
event the City observes non-compliance, the Contractor will be notified and given a reasonable
period of time to correct the problem.
2.05 In the event that any City-owned property, such as utilities, equipment, turf, etc., are
damaged or destroyed during implementation of the Improvements due to negligence or other
acts or omissions of the Contractor, the Contractor shall be solely responsible for all repairs or
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replacements.
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M SECTION 3.
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CD Payment for services shall be made in a single lump sum payment from the City to the
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Contractor upon successful completion, inspection, approval and acceptance by the City of work
performed pursuant to Exhibit "A". Contractor shall submit detailed logs containing justification
of the hours billed to City.
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OFFICIAL RECORD
Page 1 of 6 CITY SECRETARY
FT.WORTH, TX
Tandy Hills Park Construction Agreement
SECTION 4.
4.01 Contractor shall not perform any additional work beyond the scope of services as noted in
Exhibit "A" without the prior written submittal of proposed additional work and subsequent
approval and execution of an amendment to this Agreement.
4.02 All alterations, additions, and improvements to City property made pursuant to this
Agreement shall, upon completion and acceptance by the City, become the property of the City.
Contractor may be required to remove, at its expense, any alterations, additions, or
improvements not meeting specifications of the City.
SECTION 5.
City does not relinquish the right to control the management of the Area, or the right to
enforce all necessary and proper rules for the management and operation of same. City through
its Manager, Parks and Community Services Director, police and fire personnel, and other
designated representatives, has the right at any time to enter any portion of the Area (without
causing or constituting a termination of this Agreement) for the purpose of inspecting and
maintaining same and doing any and all activities necessary for the proper conduct and operation
of public property; provided this shall not authorize or empower City to direct the activities of
the Contractor nor imply on City any liability for-Contractor's activities.
SECTION 6.
6.01 CONTRACTOR COVENANTS AND AGREES TO, AND BY THESE PRESENTS
DOES HEREBY, FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY,
ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL
CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER,
WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY
INJURIES OR DAMAGES TO PERSONS OR PROPERTY, INCLUDING DEATH,
RESULTING FROM, OR IN ANY WAY CONNECTED WITH, THE CONSTRUCTION
OF THE INFRASTRUCTURE CONTEMPLATED HEREIN, WHETHER OR NOT SUCH
INJURIES, DEATH OR DAMAGES ARE CAUSED, IN WHOLE OR IN PART, BY
THE ALLEGED NEGLIGENCE OF THE CITY OF FORT WORTH, ITS OFFICERS,
SERVANTS, OR EMPLOYEES. FURTHER, CONTRACTOR INDEMNIFIES, AND
HOLDS HARMLESS THE CITY FOR ANY LOSSES, DAMAGES, COSTS OR
EXPENSES SUFFERED BY THE CITY OR CAUSED AS A RESULT OF SAID
CONTRACTOR'S FAILURE TO COMPLETE THE WORK AND CONSTRUCT THE
IMPROVEMENTS IN A GOOD AND WORKMANLIKE MANNER, FREE FROM
DEFECTS, IN CONFORMANCE WITH THE POLICY, AND IN ACCORDANCE WITH
ALL PLANS AND SPECIFICATIONS.
6.02 It is agreed that the acceptance of Section 6.01 shall not constitute a waiver by the City
of Fort Worth of any defense of governmental immunity, where applicable, or any other
defense recognized by the statutes and court decisions of this State.
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Tandy Hills Park Construction Agreement
SECTION 7.
Contractor shall, at its own expense, purchase, maintain and keep in force during the term
of this Agreement such insurance as set forth below. Contractor shall not commence work under
this contract until it has obtained all the insurance required under the Agreement and such
insurance has been reviewed by the City; nor shall the Contractor allow any subcontractor to
commence work on his subcontract until all similar insurance of the subcontractor has been
obtained. All insurance policies provided under this contract shall be written on an "occurrence"
basis.
WORKERS' COMPENSATION INSURANCE
Workers' Compensation Statutory Limit
Employers Liability $100,000 Each Accident.
$500,000 Disease Policy Limit
LIABILITY INSURANCE
Commercial General Liability $1,000,000 Per Occurrence
$2,000,000 Aggregate
(No standard coverages are to be excluded by endorsement)
AUTOMOBILE LIABILITY INSURANCE
Commercial Auto Liability Policy $500,000 Combined Single Limit
(Including coverage for owned, hired, and non-owned autos)
UMBRELLA LIABILITY $1,000,000 Each Occurrence
(Following Form and Drop Down provisions included)
It is agreed by all parties to this contract that the insurance required under this contract shall:
(A) Be written with the CITY OF FORT WORTH as an additional insured on
General, Automobile and Umbrella Liability Insurance policies.
(B) Provide for thirty (30) days written notice to the CITY OF FORT WORTH,
before any insurance is cancelled, non-renewed or material changed, or any
other cause.
(C) Be written through companies duly authorized to transact that class of
insurance in the State of Texas. Companies shall have a minimum A.M. Best
rating of A VII.
(D) Waive subrogation rights for loss of damage so that insurers have no right of
recovery or subrogation against the CITY OF FORT WORTH, it being the
intention that all required insurance policies shall protect all parties to the
contract and be primary coverage for all losses covered by the policies.
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Tandy Hills Park Construction Agreement
(E) Provide Certificates of Insurance evidencing the required coverage. Each
original copy of the Agreement shall have a copy of the valid certificate of
insurance attached.
SECTION 8.
Contractor shall perform all work and services hereunder as an independent contractor,
and not as an officer, agent, servant or employee of the City. Contractor shall have exclusive
control of, and the exclusive right to control the details of the work performed hereunder, and all
persons performing same, and shall be solely responsible for the acts and omissions of its
officers, agents, employees and subcontractors4. Nothing herein shall be construed as creating a
partnership or joint venture between the City and Contractor and the doctrine of respondeat
superior has no application as between the City and Contractor.
SECTION 9.
Contractor shall comply with all federal, state, and local laws, rules, and regulations, as
well as with all regulations, restrictions, and requirements of the police, fire, and health
departments now or hereafter in effect which are applicable to its operations. Contractor shall
obtain and keep in effect at its own cost and expense all licenses and permits, required in
connection with this Agreement and its operations hereunder.
SECTION 10.
The Contractor agrees not to take any action that would result in the creation of any lien
on City property. In the event that a lien is filed, as a result of any action of the Contractor, the
Contractor will take all necessary steps to bond around or remove the lien within 10 days of its
filing.
SECTION 11.
11.01 In the event Contractor fails to comply or complete scope of work to the satisfaction of
the City and within the timeline as identified in Exhibit "A" City shall have the right to declare
this Agreement terminated.
11.02. Contractor shall have the right to cure deficiencies within 30 days of Contractor's receipt
of a notice of termination. Contractor shall consult and coordinate with the City's PACS
Department prior to commencing any curative measures.
11.03 Termination of the Agreement shall result in payment to the Contractor only for services
performed and not in dispute, up to the date of the notice of termination.
11.04 Upon ultimate termination, the parties shall be released from all obligations contained in
this Agreement except for the indemnification requirements found in Section 6 of this
Agreement.
Page 4 of 6
Tandy Hills Park Construction Agreement
11.05 Notice of termination shall be considered rendered when placed in the United States
Postal Service for delivery to the Contractor in accordance with Section 12.
SECTION 12.
12.01 Delivery of any notice required shall be deemed sufficient when deposited in the U.S.
Mail, postage prepaid, certified mail, return receipt requested, and addressed to the other party as
follows:
CITY CONTRACTOR:
City of Fort Worth Ryan Spates, Owner
Parks and Community Services Director S&S Trail Services, LLC
4200 South Freeway, Suite 2200 512 Eberhart Lane, #1303
Fort Worth, Texas 76115 Austin, Texas 78745
With copy to:
Sarah Fullenwider
Assistant City Attorney
1000 Throckmorton Street
Fort Worth, Texas 76102
12.02 Any changes to such address(es) or addressee(s) must be made in writing. All time
periods related to any notice requirements specified in this Agreement shall commence on the
date notice is mailed. Notices sent electronically, except for notices of termination, may be
deemed sufficiently delivered upon written receipt and consent of the other party. Electronic
mail shall be deemed writing for purposes of written consent.
SECTION 13.
This Agreement shall be governed by the laws of the State of Texas. Venue for any
action brought to interpret or enforce, or arising out of or incident to, the terms of this License
Agreement shall be in Tarrant County, Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
SECTION 14.
14.01 Contractor agrees that it will not assign all or any part of its rights, privileges or duties
hereunder without the prior written consent of the City and any attempted assignment of same
without such prior consent of the City shall be void.
14.02 Subject to the limitations contained herein, the covenants, conditions, and agreements
made and entered into by the parties hereunder are declared to be for the benefit of and binding
on their respective successors, representatives, and permitted assigns, if any.
SECTION 15.
15.01 It is agreed that in the event any covenant, condition, or provision herein contained is
held to be invalid by any court of competent jurisdiction, the invalidity of such covenant,
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Tandy Hills Park Construction Agreement
condition or provision shall in no way affect any other covenant, condition, or provision herein
contained, provided however, that the invalidity of any such covenant, condition, or provision
does not materially prejudice either Contractor or City in connection with the rights and
obligations contained in the valid covenants, conditions, or provisions of this Agreement.
15.02. The waiver by the City of any default or breach of a term, covenant, or condition of this
Agreement shall not be deemed to be a waiver of any other breach of that term, covenant or
condition or any other term, covenant, or condition of this Agreement, regardless of when the
breach occurred.
SECTION 16.
16.01 This Agreement including all Attachments, Schedules, and Exhibits attached hereto
constitutes the final, entire, and complete agreement between the Contractor and the City and
supersedes any prior oral and/or contemporaneous negotiations, understandings, representations,
or agreements between the parties. Any prior or contemporaneous oral or written agreement that
purports to vary from the terms hereof shall be void. This Agreement cannot be modified or
amended without the written consent of the parties hereto.
16.02 This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective successors and assigns.
EXECUTED and EFFECTIVE as of the date subscribed by the City's City Manager or designee.
CI�FORT WORTH S&S TRAI SERVICES, LLC:
By:: L
Sisan Alanis Ryan Sp
Assistant City Manager Owner
Date: a�,� -P-r-c c Date:
Recommende
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ATT ST: FoRr
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Ricard Zavala /�8
Dir tor, Parks and Community Services Department °y
ary J. -r ` a
Approved As To Form and Legality: City Secretary °°°000000 �
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Douglas W. Black M&C: N/A
Assistant City Attorney Date: N/A
OFFICIAL RECORD
Page 6 of 6 CITY SECRETARY
FT. WORTH,TX
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S&S Trail Services,L.L.C.
512 Eberhart Lane#1303
Austin,TX 78745 Attachment "A"
March 5,2015
Estimate
S&S Trail Services made a site visit to the City of Fort Worth's Tandy Hills Park in order to assess the current trail system and determine
what steps need be to taken in order to make the trails sustainable. S&S Trails staff found that the trails on site have been developed mainly
by users and most instances of bad erosion are caused by"fall line"trail-trail that is oriented directly down the steepest path of the
hillside. S&S Trail Services identified a number of sections of trail that could be repaired with small reroutes and reclamation of existing
trails.These sections provide excellent opportunity for volunteer labor to be involved.There are some more substantial sections where the
trail reroutes would need to be hundreds of feet long.This also allows for volunteer involvement,but it is highly recommended that
mechanized trail construction be done in conjunction with the volunteer effort.Also identified were two trail segments that remain wet in
rainy,high water table times.One of these can be taken care of with some drainage work in the area.The other can be fixed by installing
some type of raised causeway. This type of trail improvement will allow the water to traverse underneath the tread surface and will not
interfere with typical sheet flow,while also providing an interesting type of trail experience for the user. S&S Trail Services also made
numerous recommendations for improved signage and for providing better user experiences.One suggestion involves two new sections of
trail.One new section would parallel the nearest road to the south,following the land form and providing a contour trail around the park.
The other new section would make the far western trail a loop,allowing users to gain elevation back to the parking areas without having to
back track.
Our pricing below is based on S&S Trails providing a two person crew and machinery to work with volunteers to complete each project.
We have estimated that most of the repairs in the park can be completed in 4 weeks'worth of work,one week already being completed.
Our typical projections are generous.With good volunteer involvement,we believe the projects can be completed more quickly. S&S Trail
Services only charges based on days on site and actual per diem costs.
Daily consultation/crew supervision 6 days @$750 per day $4,500.00
Per Diem/Lodging $1,200 $1,440.00
Mobilization $ 150 $ 150.00
Machine Use $ 500 $ 300.00
Total Labor for 1 Week $6,390.00
Materials for raised tread $1,000.00
GRAND TOTAL $7,390.00
S&S Trails is excited about the opportunity to help shape the trails in Tandy Hills. We hope to be working with you more soon.
Sincerely,
Ryan Spates
Owner-S&S Trail Services
713.446.6610
AA
AT CHMENT *8
4.4.5. East Creek Loop
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Figure 4-8. East Creek Loop Map
East Creek Loop follows along part of the park's biggest creek, where there is a forest of large
hardwoods. It is not in the lower Bottomland, so the trail is pleasantly dry with a multi-layered canopy.
The trail travels up into both early succession and late succession grasslands, coming out onto a
promontory with panoramic views. The land falls off on both sides, with the east side looking out over
the woodland and the west side looking over rolling hills. Hikers would enjoy these views from a bench
placed at this location. Overall, this trail is a good workout with a variety of sights.
(Round-Trip Length: 1..0 mile) (Difficulty Rating:Moderate)
East Creek Loop follows along the sizeable main creek, upstream from the Bottomland Trail. This
portion of the trail is shaded by large oaks and other late succession trees. The trail forks and extends up
a side draw, also containing large late succession trees. As the trail loops back to its beginning
intersection, it crosses through open meadows and up onto an open ridge that has attractive views of the
surrounding areas.
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