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HomeMy WebLinkAboutContract 47217 (2)CITY OF FORT WORTH, TEXAS CTY 3CRETAgty I � l� CONTRACT N0. "! STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Kimley-Horn and Associates, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: McLeland Tennis Center and Rosemont Park. Article Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with McLeland Tennis Center and Rosemont Park. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment A. However the total fee paid by the City shall not exceed a total of $93,700.00 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 9/24/2014 Page 1 of 8 OFFICIAL REGOF, CITYSECRETARY FTT, WORTH, TM Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 435 days, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents employees, contractors, and subcontractors and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant 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 Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 9/24/2014 Page 2 of 8 Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Park and Recreation Department Attention Thomas J. Alves, 4200 South Freeway, Suite 2200, Fort Worth, TX 76115-1499, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 9/24/2014 Page 3 of 8 e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultants insurance. I. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City s officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 9/24/2014 Page 4 of 8 Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit "B" attached hereto and incorporated herein. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers agents, employees, consultants, or contractors, or prepared by Consultant shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents papers and records of such sub -consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub - consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub -consultant reasonable advance notice of intended audit. (3) Consultant and sub -consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 9/24/2014 Page 5 of 8 Article X Minority Business and Small Business Enterprise (MBE) (SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant 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. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local 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. Consultant 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. Article XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 9/24/2014 Page 6 of 8 and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article XIV S everability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV N otices N otices to be provided hereunder shall be sufficient if forwarded to the other Party by hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Park and Recreation Department 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115-1499 Consultant: Kimley-Horn and Associates Inc. Attn: John A. Fielder 2201 West Royal Lane, Suite 275 Irving, TX 75063 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. City o Fort Worth, Texas Standard Agreement for Professional Services Revis'on Date: 9/24/2014 Page 7of8 Article XVII Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. Executed and effective this the BY: CITY OF FORT WORTH Su an Alanis R` Assistant CityManager � Date: k ( l APPROVAL RECOMMENDED: By: t( Richard Zavala Director, Park & Recreation Department ay o��> , 20/6 APPROVED AS TO FORM AND LEGALITY B ouglas W. Black Assistant City Attorney ATTEST: Mary J. City Secretary City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 9/24/2014 Page 8 of 8 BY: ENGINEER Kimley-Horn and Associates, ,/ Eric Z Smith Assistant Secretary Date: 4%4'/C M&C No.: M&C Date: t � � /70('- OFFICIAL RECORD CITY SECRETARY FT. WORrH, TX Attachment' SCOPE OF SERVICES City of Fort Worth, TX a CO2472 McLeland Tennis Center and CO2474 Rosemont Park Project Understanding Kimley-Horn and Associates, Inc. (Professional) understands that the City of Fort Worth, Texas (City) intends to prepare park improvements, construction documents, advertise for bids, and provide construction phase services for CO2472 McLeland Tennis Center and CO2474 Rosemont Park (Project.) The amenities for the park improvements shall be finalized through coordination with City staff, the citizen's advisory committee, and the Tennis Center Committee, and may consist of expanded parking areas; concrete walking trails; fencing; tennis courts; site amenities TBD (shade, benches, bleachers, drinking fountains, walks); lighting and electrical (limited due to budget constraints), grass/lawn areas, irrigation; and one (1) pavilion. The Professional will provide construction documents for the planned improvements, which are limited to the project construction budget of $440,000 for CO2472 McLeland Tennis Center, and $229,600 for CO2474 Rosemont Park, as established by the City of Fort Worth for the Project for a total construction budget limited to $669,600. The Construction Documents for the Project will be included in one (1) set of plans and specifications, and the Professional will prepare separate bid forms for CO2472 McLeland Tennis Center and CO2474 Rosemont Park. City Responsibilities The Professional understands that the City will provide the following information, on which it may rely, for its use in completing this Scope of Services: 1) Any existing Final Plat or Boundary information of the site. 2) Any City of Fort Worth design requirements or standards applicable to the project. 3) Any existing plans and specifications of the park and recreation center; City standards or examples for picnic pavilions, benches, lights, irrigation, and play areas; existing utility locations, or other existing park improvements, within or adjacent to the site. Basic Services Task I a- Topographic Survey The Professional will prepare an exhibit using the existing park aerial photographs for the surveyor and initiate the topographic survey required for the project. 2201 West Royal Lane, Suite 275, Irving, TX 75063 214 420 5600 The Professional will provide a topographic survey for area of the proposed park improvements for CO2472 McLeland Tennis Center and CO2474 Rosemont Park, through the use of a sub - consultant. The topographic survey will include locating and tying to boundary the existing features such as water valves, water meters, curb & gutter, asphalt, sidewalks, fences, driveways, existing tennis courts, existing buildings and structures, storm and sanitary sewer manholes, inlets, storm drain outfalls, trees 4" and larger, tops and toes of slope, power poles, mailboxes, signs, telephone risers and any other visible features, spot elevations on a 100 foot grid, and location of underground utilities flagged by others (only if flagged prior to initial field work), for specified areas up to 5.5 acres. Boundary retracement and review of easements based on plats and deeds of subject property and adjoining parcels and easements shall be provided by the City prior to field work. Deliverables for this task will include the following: • Digital file in dwg (Autocad) format containing features located, boundary/right-of- way/easement lines along with one foot contours and TIN. Other deliverables will include copies of field notes and drawings, an asci point file and LandXML file. This task includes survey field crew time to set final boundary corners one time only. The following items are excluded the following items from this scope: preparation of deeds and easement abstracts, preparation of any off -site easements, ALTA survey, Subsurface Utility Engineering (SUE), additional field work and return trips, and additional survey beyond the 5.5 acre site area. These items have been excluded from this scope, but may be provided as an Additional Service, upon written request from the City. Task II — Geotechnical Investigation The Professional will prepare an exhibit using the existing park aerial photographs for the geo- technical engineer and initiate the geotechnical investigations required for the project. The Professional will engage an independent testing firm to provide borings and geo-technical engineering services report for the park site. This task will consist of providing six (6) borings extending to a depth of up to thirty (30) feet, or ten (10) feet into bedrock. The report will provide recommendations for required soil modification and concrete slab and footing design. Deliverables for this task will include the following: • Digital (PDF) and one (1) printed (8.5x11) updated Geotechnical Report. Excluded from this scope area additional borings and additional depth beyond thirty (30) feet, but these may be provided as an Additional Service, upon written request from the City. Task III — Schematic Design Following approval of the proposed park improvements for CO2472 McLeland Tennis Center and as directed by the City, for CO2474 Rosemont Park, the Professional will prepare Schematic Design Plans for the Project. The plan set will be approximately 30% complete, and will include limley-horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214 420 5600 r Hcfliil e existing conditions and removal items, preliminary site layout, preliminary grading, and identification of site details. The Schematic Design phase will consist of the following deliverables: A) Schematic Design Plans (30% Construction Documents) in digital (PDF) format. The following plans will be included in the set: removal items, preliminary layout, preliminary grading, preliminary utility design, and identification of site details. B) Provide an updated Opinions of Probable Cost (OPC) for the Project improvements based upon the 30% construction documents. Meetings: One (1) design review meeting with one representative of the Professional, and one (1) public meeting with one representative of the Professional. Task IV Design Development Documents The Professional will develop Design Development plans for the Project, illustrating the proposed features, general scope, scale, and relationship of design components and submit them to the City for review. These documents will be approximately 60% complete and will include detail for City code review and preliminary pricing, but will not include detail suitable for construction. The Design Development Document phase will consist of the following tasks: A) Preparation of 60% complete construction plans and specifications for the park improvements approved in Task II. B) Provide an updated Opinions of Probable Cost (OPC) based upon the 60% construction documents. C) Meet with City representatives to review the 60% construction documents. D) Finalize the 60% construction documents to reflect changes and comments determined by consensus at one (1) meeting with City representatives. These documents are intended to aid the design, planning, and programming of the project and the Professional will provide an opinion of probable cost (OPC) for the proposed improvements. Because the Professional does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, will be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Professional cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. Deliverables for this task include the following: A) Design Development Plans (60% Construction Documents) in digital (PDF) format. The following plans will be included in the set: removal items, layout, grading, storm sewer and drainage areas, water connections, erosion control, grassing, irrigation, and site details. B) Project Manual with Preliminary Technical Specifications and Front End Documents (as provided by the City), in digital (PDF) format. After submittal to the City, the Professional shall respond to one (1) round of ordinary and reasonable, simultaneous revisions based on review comments from the City. This task does not include revisions necessitated by significant site layout changes directed by the City or its representatives. Subsequent modifications resulting from significant site layout changes or kimley-horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214 420 5600 Inn -C'terN -;)) rig Ill additional review comments directed by the City or its representatives will be considered an Additional Service. 'Meetings: One (1) meeting with one representative of the Professional. Task V Construction Documents Following the approval/acceptance of the Design Development Plans, the Professional will prepare construction documents for Project. The Construction Documents phase will consist of the following tasks: A) Preparation of 100% complete construction plans and specifications for the tennis center improvements approved in Task II. B) Provide an updated opinion of probable cost (OPC) based upon the 100% construction documents. C) Finalize the 100% construction documents to reflect changes and comments determined by consensus at a meeting with City representatives. It is anticipated that the following sheets will comprise the Construction Documents Package: A. Cover Sheet The Professional will submit one (1) full size (22x34) original mylar cover sheet to be routed for City Staff signatures. B. Existing Conditions and Removal Items (2 to 3 Sheets) The Professional will prepare Existing Conditions and Removal Plans, using the information gathered from the initial site visit and topographic survey. The plan will include items of work identified for performance by either the City or the Contractor. C Site Layout Plan (2 to 3 Sheets) The Professional will provide a Site Layout Plan that will include jointing and detail key, with work/bid items identified, and detail references and notes for the proposed site improvements. D. Grading Plan (2 to 3 Sheets) The Professional will prepare plans illustrating fine grading for the tennis center improvements site. These plans will show existing and proposed contours, pavement grades, spot elevations at critical points, and identification of the proposed erosion control measures. E. Utility Plan and Details (3 Sheets) The Professional will prepare plans illustrating City water service for one (1) irrigation system, City service for drinking fountains. Sanitary sewer service and underground storm drainage systems are not anticipated for this project, and have been excluded from this scope of services. The Professional assumes the City will provide a take point location for water service that is adjacent to the site, and has adequate pressure for the proposed irrigation system. The Professional has excluded design for water line extensions for water service. kimley-horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214 420 5600 ii r 'll F. Erosion Control Plan and Details (3 to 4 Sheets) The Professional will prepare plans illustrating erosion control measures to be provided for the site. City standard details will be referenced where applicable. G. Site Details (Up to 4 Sheets) The Professional will prepare detail sheets showing site, hardscape and landscape elements identified in the Design Development package. City standard details will be referenced where applicable. H. Structural Details (Up to 3 Sheets) The Professional will prepare structural details for up to two (2) proposed tennis court slab, shade structures, and retaining wall. Any additional structural design can be provided as an Additional Service. I. Planting Plan and Details (3 to 4 Sheets) The Professional will prepare construction documents for landscape development. These plans will depict the location, quantity, and size of City -approved plant species and equipment. In addition, this set of drawings will include proposed details, general notes and specifications adequate for bidding and construction. J. Irrigation Plan and Details (3 to 4 Sheets) The Professional will prepare an Irrigation Plan and details for the neighborhood park. The Irrigation Plan will be prepared in accordance with current published City of Fort Worth and Texas Commission on Environmental Quality (TCEQ) standards. In addition, the Irrigation Plan will be prepared based on the City approved Design Development Landscape Plan. The City will provide the Professional with any design requirements and/or recommendations prior to commencement of preparation of the Irrigation Plan. The Professional assumes the City will provide a take point location for water service that is adjacent to the site, and with adequate pressure for the proposed irrigation system. The Professional has excluded design for water line extensions for irrigation service, and design of booster pumps. K. Site Lighting and Electrical Plans (4 to 5 Sheets) The Professional will prepare, through the use of a subconsultant, plans and details for the electrical service and lighting for site, proposed tennis courts, and parking lot lighting, and one (1) irrigation controller. The Professional assumes the City will provide a take point location for electrical service that is adjacent to the site, and has adequate power for the proposed improvements. The Professional has excluded design for electrical service extensions to the site. L. Project Manual The Professional will prepare a project manual that will consist of technical specifications and the City's front-end master contract documents. M. Opinion of Probable Cost (OPC) kimley-horr�com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214 420 5600 The Professional will prepare an Opinion of Probable Costs (OPC), to be submitted at each phase of design. N. Printing The Professional will provide digital (PDF) copies of the plans, specifications, and project manual at 95% completion and 100% completion. Plans will be uploaded to the City's Buzzsaw portal, and no printed copies will be provided. Meetings Two (2) meetings with one representative of the Professional. Task VI Bidding Phase Services The Professional will provide assistance during the bidding phase, including responding to questions from bidders, attendance at pre -bid meeting, and preparation of project addenda will be provided in this scope. Due to the nature of unknown circumstances during the bidding phase, the scope is limited to the following items: A) Prepare the advertisement for bids and bid documents. B) Assistance with notification of general contractors. C) Attend a pre -bid meeting approximately, one week prior to the bid opening date to review the project with prospective bidders. D) Answer questions from Bidders and prepare addenda as necessary. E) Provide bid tabulations and Letter of Recommendation. (A summary of the bid analysis will be provided to the Professional for use in selection and award of the construction contract.) Meetings: One (1) meeting with one representative of the Professional. Task VII Accessibility Review Following completion of the Construction Documents, the Professional will coordinate with a Registered Accessibility Specialist (RAS) for the purposes of reviewing the plans for the Project, for conformance with the Texas Accessibility Standards (TAS) The Professional will use Accessible Solutions (Texas Accessible, LLC) for the TDLR required plan review and project inspection. The Professional will coordinate with the RAS for project registration with the Texas Department of Licensing and Regulation (TDLR), and project inspection, upon completion of construction. The Professional will prepare plans in general conformance with TAS, and will make one (1) round of revisions to the plans based on comments received from the RAS. Inspection and registration fees for TDLR are included in this fee. Task VIII Construction Phase Services The Professional will provide limited construction phase services for the civil engineering and landscape architecture portions of the project, as directed by the City. The Professional will provide the following construction phase services: A) Review and response for shop drawings and submittals for up to twelve (12) product submittals, as submitted by the contractor. Professional will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the kimley-horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214 420 5600 Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. B) Review and respond to up to ten (10) Requests for Information (RFI) as submitted by the contractor. Professional will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to City as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by City. C) Attendance at one (1) pre -construction meeting. D) Site Observations to review and observe construction progress at approximately 40% completion and 70% completion. Such visits and observations by the Professional are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. The Professional anticipates two site visits will be performed throughout site construction. Observations are to be limited to landscape and hardscape review, spot checking, selective measurement, and similar methods of general observation of the Work based on the Professional's exercise of professional judgment. Based on information obtained during such visits and such observations, the Professional will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and the Professional will keep City informed of the general progress of the Work. E) Attendance at one (1) final site walk through and preparation of punch list. Professional will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list. Professional shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Professional's knowledge, information, and belief based on the extent of its services and based upon information provided to Professional upon which it is entitled to rely. F) The Professional will review the record drawings prepared by the Contractor and make changes recorded by the Contractor to the Final Construction Documents. The Record Drawing set will be prepared and submitted to the City. Meetings: Up to tour (4) meetings with one representative of the Professional. The Professional shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall the Professional have any authority or responsibility to stop or direct the work of any contractor. The Professional's visits will be for the purpose of endeavoring to provide the City a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the professional. The Professional neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. Limitation of Responsibilities: The Professional shall not be responsible for the acts or omissions of any Contractor, or of any of its subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. The Professional shall not have the authority or responsibility to stop the work of any Contractor. The Professional is not responsible for any duties assigned to the design professional in any construction contract that are not expressly provided for in this Agreement or scope of services. 2201 West Royal Lane, Suite 275, Irving, TX 75063 214 420 5600 f „a' M 4-1 Additional construction phase services may be provided as requested by the City. Effort beyond the items noted above will be provided only upon written authorization by the City, and will be provided as an Additional Service. Special Services The Professional will provide the following special additional services as set forth below: Task A o CO2472 McLeland Tennis Center Phased Conceptual Master Plan The Professional will utilize the park aerial photographs, survey, and geo-technical report to prepare a phased master plan of the proposed improvements for CO2472 McLeland Tennis Center. The Professional will prepare a comprehensive site master plan illustrating the phased upgrades for the facility, and projected opinion of probable costs associated with the recommended improvements. Meetinus/Trio One The Professional will attend an initial meeting with the City staff, to review the survey and geo- technical information and present an initial long range conceptual master plan and phase one recommendations based upon the initial design program and overall project budget of $440,000. The Professional will document City comments and prepare a revised conceptual master plan and opinion of probable cost for the phased improvements. Meetings/Trip Two The master plan, in the form of a colored exhibit with photographs of the selected features, opinion of probable costs, and any phasing considerations, will then be presented at one user group meeting to receive final comments and approval prior to beginning the construction documents. Meetings: Two (2) meetings, with one representative of the Professional. Task B — Accessibility Review The Professional will utilize a sub -consultant that is a Registered Accessibility Specialist (RAS) for the purposes of reviewing the existing site conditions at the existing tennis facility, and identifying feasible improvements for the Phase I development and future phased development at tennis center. The recommendations for future phased improvements will be noted in the Phased Conceptual Master Plan, and the recommendations for the Phase I improvements will be incorporated into the Construction Documents for the CO2472 McLeland Tennis Center. Exclusions Any items requested by the City that are not detailed in the above scope are excluded from this Agreement and may be provided only if requested and authorized in writing by the City. kimmlley-horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214 420 5600 f if, The Professional can provide the following services, but they are not included in the limited scope detailed above: Franchise Utility Coordination Traffic Impact Studies or Signal Design Preparation of Traffic control plans Revisions due to changes in regulations Coordination and/or revisions due to any Grant Funding Requirements Revisions to CD's after design approval other than clarifications Revision to CD's to Reduce Cost after Bidding Archaeological Survey Additional survey and Subsurface Utility Engineering (SUE) Additional meetings ALTA Land Title Survey and Platting Preparation of Record Drawings Wetlands Permitting / Delineation Environmental Impact Statement Environmental Permitting SWPPP Plan Manual / Submissions Time Extensions in excess of six months, during design and construction phases 3D Renderings and Fly -Through Videos S ubmittal, Permitting Fees, or Impact Fees S eparate Engineering Site Development Review Process Sets and Submittals Construction Staking Off -Site Drainage and Utility Design Off -Site Roadway Design Off -Site Easement Descriptions Contractor Type Detailed Estimates (As Prepared by Estimating Service) Record Drawing Survey and Record Drawings P reparation of Preliminary or Final Plat Environmental Impact Statement Storm Drainage Studies and Detention/Retention Pond Design Signage Design of Any Kind HVAC/MEP Design Services of Any Kind U S Army Corps of Engineers Coordination and Permitting S anitary Sewer Design Services of Any Kind Park and Trail design outside of project limits Additional Construction Phase Services Additional work due to increase in project cost and scope over $440,000 construction for CO2472 McLeland Tennis Center Additional work due to increase in project cost and scope over $229,600 construction for Co2474 Rosemont Park Schedule for Rendering Services cost cost The Professional has prepared an initial project schedule for the performance of services (See Project Schedule - Attachment "C".) This schedule includes reasonable allowances for review and approval times required by the City, performance of services by City's consultants, and review kimley-horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214 420 5600 (0) }t'1 rfrTj and approval times required by public authorities having jurisdiction over the Project. This schedule shall be equitably adjusted as the Project progresses, allowing for changes in scope, character or size of the Project requested by the City, or for delays or other causes beyond the Professional's reasonable control. Flee and Billing The Professional will perform the services described in the Scope of Services for the Lump Sum Fee amounts shown in `Professional Fees' (See Attachment "B"). Tasks designated below will be billed on a percent complete basis. All permitting, application, and similar project fees will be paid directly by the City. Fees and times stated are valid for one hundred ninety (90) days. kir ey-horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214 420 5600 FEE SCHEDULE City of Fort Worth, TX _ CO2472 McLeland Tennis Center and CO2474 Rosemont Pay* Basic Services Task I Task II Task III Task IV Task V Task VI Task VII TaskVIII Topographic Survey Geotech n ical Investigation Schematic Design Design Development Documents Construction Documents Bidding Phase Services Accessibility Review Construction Phase Services Basic Services Lump Sum Fee (Total Project) CO2472 McLeland Tennis Center Lump Sum Fee CO2474 Rosemont Park Lump Sum Fee Special Services Task A CO2472 McLeland Tennis Center Master Plan Task B Accessibility Review Total Special Services Total Project Lump Sum Fee (basic & Special Services) M/WBE Information $10,690 $8,410 $7,925 $14,625 $24,895 $3,525 $2,220 $7,590 $79,880 $52,680 $27,200 $12,200 $1,620 $13,820 $93,700 Gorrondona & Associates, Inc. Point of Contact Mailing Address Email Address Phone SBE Fee Richard Kennedy, 7524 Jack Newell RKennedy@ga-inc.net 817-496-1424 $7,900.00 ' R. P. L S. Blvd. South Fort Worth, TX 76118 kimley-horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214 420 5600 ))> iia c m n t! TENTATIVE PROJECT SCHEDULE City of Fort Worth, T ( CO2472 McLeland Tennis Center and CO2474 Rosemont Park TBD 2015 45 Days 30 Days 30 Days 30 Days 60 Days 30 Days 30 Days 180 Days Signed Contract and Notice to Proceed to Professional Task A (Phased Conceptual Master Plan Special Services) Task I and Task II (Survey and Geo-Technical) Task III (Schematic Design) Task IV (Design Development) Task V and Task VI (Construction Documents) Task VII (Bidding Phase) Signed Contract and Notice to Proceed to Contractor Task VIII (Construction Phase) Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Professional does not control. mley-horn.,corn 2201 West Royal Lane, Suite 275, Irving, TX 75063 214 420 5600 Kimley>» Horn Attachment "D" LOCATION MAPS City of Fort Worth, TX - CO2472 McLeland Tennis Center and CO2474 Rosemont Park CO2472 McLeland Tennis Center Location Map McLeland Tennis Center 4:a BenbrookL•arat kimley-horn.com Downtown Fort With �•INfs11f \4 7 • c is razirrin ' f•••••• . cetjt- /. r�• •n 9• 6 Lake Arlington 211i�� .::. I/sail ,•-� / r • w a• 2201 West Royal Lane, Suite 275, Irving, TX 75063 214 420 5600 11 CO2474 Rosemont Park Location Map Rosemont Park .d,IP.•t Benbrook kimley-ho rin Downtown Fort Woi' n lr.., -N f u..- C Lake Arlington it. fat ii. r . , 2201 West Royal Lane, Suite 275, Irving, TX 75063 214 420 5600 11/3/2015 M&C Review Official site of the City of Fort Worth, Texas ©XTY t? QOKC L LIflF\ r 02Eoa.:3 Mr If .il!!...s..ns. as .,-. c..,w COUNCIL ACTION: Approved on 11/3/2015 FORT WORTI I REFERENCE** LOG 30MCLELAND TENNIS CFNTER AND DAM: '_: 11/3/2015 NO.: C�27519 NAME: ROSEMON T PARK IMPROVEMENTS CODE: C TYPE: CONSENTPUBLIC NO HEARING: SU JJECT: Authorize Execution of an Engineering Services Contract with Kimley+Horn and Associates, Inc., in the Amount of $93,700.00 for the Design of Park Improvements at McLeland Tennis Center and Rosemont Park and Provide for Design Phase Administrative Costs in the Amount of $14,200.00 for a Total Anticipated Project Design Phase Cost of $107,900.00 (2014 BOND PROGRAM) (COUNCIL DISTRICT 9) .-.• RECOMMENDATION: It is recommended that the City Council authorize the execution of an engineering services contract with Kimley-Horn and Associates, Inc., in the amount of $93,700.00 for the design of park improvements at McLeland Tennis Center and Rosemont Park. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an engineering services contract with Kimely-Horn and Associates, Inc., in the amount of $93,700.00 for the design of park improvements at McLeland Tennis Center and Rosemont Park. Project scope will include design of accessibility and paving improvements at McLeland Tennis Center and park improvements at Rosemont Park. — McLeland Tennis Center Rosemont Park (CO2472) (CO2474) Total Engineering and Design (KimleyHorn, Inc.) $66,500.00 Project Management, Reprographics, Bid Advertisement Design Phase Total $7,500.00 $74,000.00 Proposed Construction Contract Proposed Inspection, Testing, Contingencies, etc. P roposed Construction P hase Total P roject Total $440,000.00 $36,000.00 $27,200.00 $93,700.00 $6,700.00 $33,900.00 $229,600.00 $23,500.00 $476,000.00 $550,000.00 $253,100.00 $14,200.00 $107,900.00 $669,600.00 $59,500.00 $729,100.00 $287,000.00 $837,000.00 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=21535&counciI date= 11/3/2015 1/3 11/3/2015 M&C Review Project Funding is described in the table below: Park Funding 2014 CIP (34014) McLeland Tennis Center (CO2472) $550,000.00 Rosemont Park (CO2474 $287,000.00 Total $837,000.00 The 2014 Bond Program allocated the amount of $550,000.00 for the McLeland Tennis Center for facility modifications to improve accessibility and other site improvements. The 2014 Bond Program allocated the amount of $287,000.00 for Rosemont Park for the renovation of the existing parking areas, additional security lighting and the construction of an accessible group pavilion with ancillary amenities. The McLeland Tennis Center and Rosemont Park projects are included in the 2014 Bond Program. Available resources within the General Fund will be used to provide interim financing until debt is issued. Once debt associated with this project is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official intent to reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 21241-05-2014). M/WBE OFFICE - Kimely-Horn and Associates Inc., is in compliance with the City's BDE by committing to eight percent SBE participation. The City's SBE goal for this project is eight percent. McLeland Tennis Center and Rosemont Park are located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that appropriations are included in the Fiscal Year 2016 Adopted Budget of the 2014 Bond Program pursuant to Ordinance No. 21457-09-2014 and funds are available in the General Fund to pay expenses which will be incurred on the McLeland Tennis Center and Rosemont Park projects until reimbursement can occur from the issuance of public securities. Description McLeland Tennis Center (CO2472) Rosemont Park (CO2474) TO Fund Department ID FROM Fund 34014 I 34014 Department ID 0800450 0800450 2014 Bond Program Total Project Allotment / Appropriation $550,000.00 $287,000.000 Account Account 5330500 5330500 Project ID Program Project Program ID CO2472 CO2474 Submitted for Citv Manaaer's Office bv: Activity I Budget Year Activity C04930 C04930 Budget Year 2015 2015 Susan Alanis (8180) Remaining Balance $550,000.00 $287,000.00 Reference # Amount (Chartfield 2) Reference # (Chartfield 2) 14020105 14020103 Amount $66, 500.00 $271200.00 Oriainatina Department Head: Richard Zavala (5704) http://apps.cfwnet.org/council_packet/mc review.asp?ID=21535&councildate=11/3/2015 2/3 11/3/2015 M&C Review Additional Information Contact: David Creek (5744) ATTACHMENTS McLeland Tennis Ctr aerial exhibit R.odf Rosemont Park aerial exhibit R.odf http://apps.cfwnet.org/council_packet/mc review.asp?ID=21535&councildate=11/3/2015 3/3 1600 W. Seminary Drive Fort Worth, Texas 76115 McLeland Tennis Center Lake Arlington Vicinity Map Park Planning District 4 City Council District 9 FORT WORTH:.: Lake Arlington Vicinity Map r 4 • • 7n .a yam• t''—~1F-•-.ssnt----- a•R4ria1 • • • by :root (1,'= • ,. •{ , a^ MKi dc- te F f. w•• �r l.. f • }-4 • tom• i2 wr !L��• Fe ' • • I• •♦ a.-4.1720 1 ♦ 1 • I a Community - 30.40 acres 1400 W. Seminary Drive Fort Worth, Texas 76119 Rosemont Park Park Planning District 4 City Council District 9