HomeMy WebLinkAboutContract 55951 CSC No. 55951
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Fort Worth,a Texas home-rule municipality
("CITY"), and Colligan Golf Design, authorized to do business in Texas, ("ENGINEER"), for
a PROJECT generally described as: Meadowbrook Golf Course Master Plan & Renovaiton.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A. Negotiated changes to this
Agreement, if any, are included in Attachment C.
Article II
Compensation
The ENGINEER's compensation shall be in the amount up to $110,000.00 asset
forth in Attachment B. Payment shall be considered full compensation for all labor
(including all benefits, overhead and markups), materials, supplies, and equipment
necessary to complete the Services.
Engineer shall provide monthly invoices to City. The Engineer shall provide the City
sufficient documentation, including but not limited to meeting the requirements set forth in
Attachment D to this AGREEMENT, to reasonably substantiate the invoices.
Payments for services rendered shall be made in accordance with the Texas
Prompt Payment Act (Texas Government Code Ch. 2251).
Acceptance by Engineer of said payment shall release City from all claims or
liabilities under this Agreement for anything related to, performed, or furnished in
connection with the Services for which payment is made, including any act or omission of
City in connection with such Services.
Article III
Term
Time is of the essence. Unless otherwise terminated pursuant to Article VI. D.
herein, this Agreement shall be for a term beginning upon the effective date, as described
below, and shall continue until the expiration of the funds or completion of the subject
matter contemplated herein pursuant to the schedule, whichever occurs first. Unless
specifically otherwise amended, the original term shall not exceed five years from the
original effective date:
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services OFFICIAL RECORD
Revised Date:June 22,2021
Page 1 of 14 CITY SECRETARY
FT. WORTH, TX
Article IV
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing under the same or similar circumstances and
professional license; and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise
specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could
affect the total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:June 22,2021
Page 2 of 14
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in
ink on reproducible mylar sheets and electronic files in .pdf format, or as
otherwise approved by CITY, which shall become the property of the CITY.
CITY may use such drawings in any manner it desires; provided, however,
that the ENGINEER shall not be liable for the use of such drawings for any
project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the
CITY and/or the CITY's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the contract documents and any health or safety precautions
required by such construction work. The ENGINEER and its personnel have
no authority to exercise any control over any construction contractor or other
entity or their employees in connection with their work or any health or safety
precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general,
if the work on the PROJECT is being performed in a manner indicating that
the PROJECT, when completed, will be in accordance with the contract
documents, nor shall anything in the contract documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on-site observation(s) of a
deviation from the contract documents, the ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the contract documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:June 22,2021
Page 3 of 14
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that
the CITY's actual PROJECT costs, financial aspects, economic
feasibility, or schedules will not vary from the ENGINEER's opinions,
analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the contract
documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are no other matters
at issue between the CITY and the construction contractor that affect the
amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
I. Business Equity Participation
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:June 22,2021
Page 4 of 14
City has goals for the full and equitable participation of minority business
and/or women business enterprises in City contracts greater than
$100,000. In accordance with the City's Business Equity Ordinance
(Ordinance No. 24534-11-2020 as codified in Chapter 20, Article X of the
City's Code of Ordinances, as amended, and any relevant policy or guidance
documents), the City has goals for the full and equitable participation of
minority business and/or women business enterprises in City contracts
greater than $100,000. Engineer acknowledges the MBE and WBE goals
established for this contract and its execution of this Agreement is Engineer's
written commitment to meet the prescribed MBE and WBE participation
goals. Any misrepresentation of facts (other than a negligent
misrepresentation)and/or the commission of fraud by the Engineer may result
in the termination of this Agreement and debarment from participating in City
contracts for a period of time of not less than three (3)years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to reproduce such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of hard 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 Engineering Related Design Services
Revised Date:June 22,2021
Page 5 of 14
K. INSURANCE
Engineer shall not commence work under this Agreement until it has
obtained all insurance required under Attachment F and City has approved
such insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY. The doctrine
of respondeat superior shall not apply.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required,
at its own cost and expense. However, if design changes are required due to
the changes in the permitting authorities' published design criteria and/or
practice standards criteria which are published after the date of this
Agreement which the ENGINEER could not have been reasonably aware of,
the ENGINEER shall notify the CITY of such changes and an adjustment in
compensation will be made through an amendment to this AGREEMENT.
P. Schedule
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:June 22,2021
Page 6 of 14
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights-of-way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:June 22,2021
Page 7 of 14
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of such
materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at the construction site,
and provisions providing for contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering services
performed. Only the CITY will be the beneficiary of any
undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. Litigation Assistance
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:June 22,2021
Page 8 of 14
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
J. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
Article VI
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
CITY and ENGINEER shall exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement, but shall
not be held liable for any delay or omission in performance due to force
majeure or other causes beyond their reasonable control, including, but not
limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters,
epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
D. Termination
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:June 22,2021
Page 9 of 14
(1) This AGREEMENT may be terminated
a.) by the City for its convenience upon 30 days' written notice to
ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days' written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Reasonable cost of reproduction or electronic storage of partial or
complete studies, plans, specifications or other forms of ENGINEER'S
work product;
b.) The reasonable time requirements for the ENGINEER'S personnel to
document the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all projected termination
expenses. The CITY'S approval shall be obtained in writing prior to
proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER' personnel and subcontractors, and
ENGINEER' compensation will be made.
F. Indemnification
The ENGINEER shall indemnify or hold harmless the CITY against
liability for any damage committed by the ENGINEER or ENGINEER's
agent, consultant under contract, or another entity over which the
ENGINEER exercises control to the extent that the damage is caused by
or resulting from an act of negligence, intentional tort, intellectual
property infringement, or failure to pay a subcontractor or supplier. CITY
is entitled to recover its reasonable attorney's fees in proportion to the
ENGINEER's liability.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:June 22,2021
Page 10 of 14
G. Assignment
ENGINEER shall not assign all or any part of this AGREEMENT without the
prior written consent of CITY.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted later by governing bodies having jurisdiction or authority for
such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless
CITY and all of its officers, agents and employees from and against all
claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
K. Contract Construction/No Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel,
have reviewed and revised Agreement and that the normal rule of contract
construction, to the effect that any ambiguities are to be resolved against
the drafting party, must not be employed in the interpretation of Agreement
or any amendments or exhibits hereto. The failure of CITY or ENGINEER
to insist upon the performance of any term or provision of this Agreement
or to exercise any right granted herein shall not constitute a waiver of CITY's
or ENGINEER's respective right to insist upon appropriate performance or
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:June 22,2021
Page 11 of 14
to assert any such right on any future occasion.
L. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing
the Employment Eligibility Verification Form (1-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will be
performed by any ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD
CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. CITY, upon written notice to ENGINEER, shall have the right
to immediately terminate this Agreement for violations of this provision by
ENGINEER.
M. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER acknowledges that in accordance with Chapter 2271 of the
Texas Government Code, CITY is prohibited from entering into a contract
with a company for goods or services unless the contract contains a written
verification from the company that it: (1) does not boycott Israel; and (2)will
not boycott Israel during the term of the contract. The terms "boycott Israel"
and "company" shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. By signing this contract,
ENGINEER certifies that ENGINEER'S signature provides written
verification to the CITY that ENGINEER: (1) does not boycott Israel;
and(2) will not boycott Israel during the term of the contract.
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part of this
AGREEMENT:
Attachment A- Scope of Services
Attachment B - Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:June 22,2021
Page 12 of 14
Attachment D - Project Schedule
Attachment E - Location Map
Attachment F— Insurance Requirements
Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager.
BY: BY:
CITY OF FORT WORTH ENGINEER
Colligan Golf Design
Valerie washln4on
Valerie Washington(Jul 2, 02112:39 CDT)
Valerie Washington C Colligan(Jul 1,202107:38 CD-6/
Assistant City Manager John C. Colligan
Jul2 2021 Principal
Date: Jul 1) 2021
Date.
APPROVAL RECOMMENDED:
A&G&dZ-a11aGa
By:
Richard Zavala(Jul 1,202108:55 CDT)
Richard Zavala
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
1384y,k
By.DBlack(Jul 2,202111:45 CDT)
Doug Black
Assistant City Attorney
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services OFFICIAL RECORD
Revised Date:June 22,2021
Page 13 of 14 CITY SECRETARY
FT. WORTH, TX
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Mary J. Kayser aaa r'0000* p M&C No.: 21-0365
City Secretary
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City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services OFFICIAL RECORD
Revised Date:June 22,2021
Page 14 of 14 CITY SECRETARY
FT. WORTH, TX
ATTACHMENT A
MASTER PLAN DESIGN SERVICES CONTRACT
Agreement Between
COLLIGAN GOLF DESIGN
107 W. Randol Mill Road
Arlington, Texas 76011
(Hereinafter referred to as "Consultant")
and
THE CITY OF FORT WORTH, TEXAS
4200 South Freeway, Suite 220
Fort Worth, Texas 76115
(Hereinafter referred to as "Owner')
For
Preparation of a Master Plan for
Meadowbrook Golf Course
(Hereinafter referred to as "Project")
AGREEMENT FOR MASTER PLAN SERVICES
I. Project Description
The Colligan Golf Design Team proposes to produce a "Master Plan" for the
existing 18-hole golf course and practice facilities at the Meadowbrook Golf
Course located at 1815 Jensen Road, Fort Worth, Tarrant County, Texas.
The Team consist of the following members:
Colligan Golf Design—Golf Course Design
Kimley Horn — Engineering, Landscape Architecture, Golf Course Design
Club Design Associates— Clubhouse and Restroom Recommendations
JJ Keegan — Demographic and User Analysis
Larry Rodgers Design Group— Irrigation
United States Golf Assoc. — Maintenance Building, Existing Conditions
II. Consultant Services
Colligan Golf Design proposes to prepare the Master Plan in a sequentially
phased manner, as requested by the Park and Recreation Department and as
described below:
Phase I —Goals/Objectives/Public Meetings
A. Prepare base data and complete basic site analysis and inventory.
B. Initial meeting with City Staff to obtain information that may be needed
for development of the Master Plan.
C. Consultant will conduct two public meetings to obtain overall wants
and needs of the community.
D. Consultant will attend one meeting with the Park & Recreation
Advisory Board to present the final Master Plan.
Phase II —Consultant Master Plan Responsibilities
A. Colligan Golf Design will be responsible for orchestrating the various
components of the Team. In addition, CGD will coordinate the
members to insure that the final Master Plan is a unified collection
which will produce a playable, aesthetic, maintenance friendly facility
that is within the budget established by the City. CGD will be
responsible for the billing and payment of all consultants on the Team.
B. Consultant will analyze all facilities based on changing golf trends and
demographics which shall serve as the core of the Master Plan. Long
range estimated development cost and annual operation cost will also
be provided.
C. Consultant will provide demographic and user analysis study.
D. Consultant will study of existing aerial photo and topography.
E. Hole by hole analysis to review existing conditions will be performed.
F. Recommend routing options to include tees, fairways, greens,
hazards, and cart paths will be provided by Consultant.
G. Assess existing clubhouse, make recommendations for improvements
as it relates to customer experience, ADA modifications and operator
use.
H. Analysis of parking areas will be performed by Consultant.
I. Research and comply with TDLR for course renovations and
clubhouse.
J. Consultant will review and analyze maintenance facility.
K. Review and analyze existing on course restroom facilities.
L. Assess recent improvements to irrigation pump station / housing and
well system for efficiency and economy. Design to consider
capabilities on site at this time.
M. Research all flood plain issues and provide recommendations and
direction to the City to ensure compliance.
N. Ensure no adverse impacts to surrounding properties and along with
positive drainage on the course.
O. Review and analyze all utilities.
P. Provide presentation to be used as a marketing tool by City Staff. This
will include a 6 hole electronic depiction of the before and after
transformation of each hole.
Q. Consultant will provide an 18 hole color illustration of the final Master
Plan.
Phase III - Final Plan/Site Programs
A. Using the information gathered in Phase II, above, Consultant will
prepare a final Meadowbrook Golf Course Master Plan that will detail
the recommendations for improvements and renovation to the existing
golf course and new facilities for the City of Fort Worth golf program.
recommendations will include the following:
B. Modifications to the existing clubhouse, considering regulatory
requirements and user friendliness.
C. Each Master Plan element will have a basic program outlining the
recommended improvements. They will be accompanied by a
development cost estimate to be used as a guide for future
development.
D. Estimate of probable cost for the overall Master Plan will allow for the
following individual element cost: Clubhouse improvements, Irrigation
system, Cart paths, Parking Lot and the 18 hole golf course with
associated practice facilities.
E. Finalize estimate.
Phase IV- Final Master Plan Presentation
The consultant will a formal presentation, with graphics necessary to
convey ideas to the Park & Recreation Advisory Board the plan once the
study is completed to the satisfaction of the Design & Development
Division.
The consultant will deliver 6 hard copies of the plan and one complete
electronic copy of the plan and all presentation files.
III. Owner's Responsibility
A. The Owner shall appoint a Committee before work is begun on the
"Master Plan". This Committee shall remain intact through the course of
the work. It shall be the purpose of this Committee to:
a. Provide full, accurate, and timely information and guidance to
Consultant regarding requirements of the Project.
b. Attend presentations at completion of each phase, and
whenever else is may be deemed appropriate and necessary.
c. Acknowledge completion of various phases by giving approval
of work.
The Committee is ideally made up of 3-5 people who can attend each
meeting. Insofar as possible, the Committee shall represent a cross
section of views and opinions. Where appropriate, the Committee may
establish needs of the project by survey or other methods.
B. The Owner shall make available a land survey of recent date of the site
for the project giving, as applicable, grades and lines of streets, alleys,
pavements, and adjoining property; rights-of-way, restrictions,
easements, boundaries, and contours of the site; locations, dimensions
and complete data pertaining to existing buildings, 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, hydrological
information relating to the site. Designer is entitled to rely on accuracy of
all information provided.
IV. Miscellaneous Provisions
A. Designer agrees that, unless changed by mutual agreement, the Master
Plan will be completed within one hundred and eighty (180) days of the
execution of this proposal. Designer agrees to strive to meet any
reasonable timetable.
B. Meetings:
Meetings and are a necessary component of this service and a
reasonable number are anticipated in this scope of service
proposal. We anticipate eight (8) meetings for the Meadowbrook
Master Plan.
ATTACHMENT B
Fees
A. Fees shall be based on a lump sum cost of One Hundred-Ten Thousand Dollars
($110,000.00)for the items of work as quoted in Article II plus direct reimbursable
expenses as described in Subsection B of this article. The fees do not include
any services due to Owner mandated changes. Additional services due to such
changes will be compensated at an hourly rate.
B. Reimbursable Expenses
Reimbursable expenses are included as part of the lump sum cost as quoted
above. Reimbursable expenses include actual expenditures made by Golf Course
Consultant, his employees or his consultants in the interest of the Project for the
following:
1. Transportation and living expenses in connection with traveling for the
Project.
2. Aerial Photos and Topographic information.
3. Courier expense, photocopies and other reproductions excluding
copies for the Golf Course Consultant's office use.
C. Additional Services
Additional services, if requested by the Owner, shall be billed at the following
rates:
Principal $250.00 per hour
Staff Architect $195.00 per hour
Clerical $65.00 per hour
The additional services, if any, shall be approved by the Owner
D. Payments to the Golf Course Consultant
1. Interest Charges
Any payments due the Golf Course Consultant under this agreement shall be
due within 30-days. Golf Course Consultant reserves the right to charge
interest at the legal prevailing rate for payments due over 30-days of issue of
invoice.
2. Delay, Suspension, Abandonment of Project
If the project is delayed, abandoned or suspended for any cause beyond the
control of the Golf Course Consultant, thereupon the Golf Course Consultant
shall be paid all of his compensation for Basic or Additional services
performed prior to receipt of written notice of the abandonment or suspension
of the Project, together with reimbursable expenses and payments for such
services then due and all expenses resulting from such suspension or
abandonment of the Project.
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
<Insert Project Name>
City Project No.
NOT USED
City of Fort Worth,Texas
Attachment C
PMO Release Date:05.19.2010
Page 1 of 1
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ATTACHMENT F
CITY OF FORT WORTH
STANDARD INSURANCE REQUIREMENTS
(1) INSURANCE LIMITS
a. Commercial General Liability — Insured shall maintain commercial general
liability (CGL) and, if necessary, commercial umbrella insurance as follows:
$1,000,000 each occurrence
$2,000,000 aggregate
If such Commercial General Liability insurance contains a general aggregate
limit, it shall apply separately to this Project or location.
i. City shall be included as an additional insured with all rights of defense
under the CGL, using ISO additional insured endorsement or a
substitute providing equivalent coverage, and under the commercial
umbrella, if any. This insurance shall apply as primary insurance with
respect to any other insurance or self-insurance programs afforded to
City. The Commercial General Liability insurance policy shall have no
exclusions or endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertising injury, which are normally contained
within the policy, unless City specifically approves such exclusions in
writing.
ii. Insured waives all rights against City and its agents, officers, directors
and employees for recovery of damages to the extent these damages
are covered bythe commercial general liability or commercial umbrella
liability insurance maintained in accordance with Agreement.
b. Business Auto — Insured shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance as follows:
$1,000,000 each accident (or reasonably equivalent limits
of coverage if written on a split limits basis).
Such insurance shall cover liability arising out of "any auto", including owned,
hired, and non-owned autos,when said vehicle is used in the course of Insured's
business and/or the Project. If Insured owns no vehicles, coverage for hired or
non-owned autos is acceptable.
Insured waives all rights against City and its agents,officers,directors and
employees for recovery of damages to the extent these damages are
covered by the business auto liability or commercial umbrella liability
insurance obtained by Insured pursuant to this Agreement or under any
applicable auto physical damage coverage.
CFW Standard Insurance Requirements Page 1 of 3
Rev. 5.04.21
c. Workers'Compensation — Insured shall maintain workers compensation and
employer's liability insurance and, if necessary, commercial umbrella liability
insurance as follows:
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Insured waives all rights against City and its agents,officers,directors and
employees for recovery of damages to the extent these damages are
covered by workers compensation and employer's liability or commercial
umbrella insurance obtained by Insured pursuant to this Agreement.
d. Professional Liability (Errors & Omissions) — Insured shall maintain
professional liability insurance as follows:
$1,000,000 - Each Claim Limit
$2,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to
the Commercial General Liability policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other
requirements. Coverage shall be written on a claims-made basis, and
maintained for the duration of the contractual agreement and for five (5) years
following completion of services provided. The policy shall contain a retroactive
date prior or equal to the Effective Date of the Agreement or the first date of
services to be performed,whichever is earlier. An annual certificate of insurance
shall be submitted to City to evidence coverage.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that Insured has obtained all required
insurance shall be attached to Agreement concurrent with its execution.Any
failure to attach the required insurance documentation hereto shall not
constitute a waiver of the insurance requirements.
b. Applicable policies shall be endorsed to name City as an Additional Insured,
as its interests may appear, and must afford the City the benefit of any
defense provided by the policy. The term City shall include its employees,
officers, officials, and agents as respects the contracted services.Applicable
policies shall each be endorsed with a waiver of subrogation in favor of City
with respect to the Project.
c. Certificate(s) of insurance shall document that insurance coverage limits
specified in this Agreement are provided under applicable policies
documented thereon. Insured's insurance policy(s) shall be endorsed to
provide that said insurance is primary protection and any self-funded or
CFW Standard Insurance Pequirements Page 2 of 3
Rev. 5.04.21
commercial coverage maintained by City shall not be called upon to
contribute to loss recovery. Insured's liability shall not be limited to the
specified amounts of insurance required herein.
d. 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. City must
approve in writing any alternative coverage for it to be accepted.
e. A minimum of thirty (30) days' notice of cancellation or material change in
coverage shall be provided to City. A ten (10)days'notice shall be acceptable
in the event of non-payment of premium.
f. 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 as determined by the City's Risk Management division.
g. Any deductible or self-insured retention in excess of $25,000 that would
change or alter the requirements herein is subject to approval in writing by
City, if coverage is not provided on a first-dollar basis. City, at its sole
discretion,may consentto alternative coverage maintained through insurance
pools or risk retention groups.Dedicated financial resources or letters of credit
may also be acceptable to City.
h. In the course of the Agreement, Insured shall report, in a timely manner, to
City's Risk Management Department with additional notice to the Contract
Compliance Manager, any known loss or occurrence which could give rise
to a liability claim or lawsuit against City or which could result in a property
loss.
i. City shall be entitled, upon its request and without incurring expense, to
review Insured's insurance policies including endorsements thereto and, at
City's discretion, Insured may be required to provide proof of insurance
premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a claims-
made basis, shall contain a retroactive date coincidentwith or priorto the date
of this Agreement. The certificate of insurance shall state both the retroactive
date and that the coverage is claims-made.
k. Coverages,whether written on an occurrence or claims-made basis, shall be
maintained without interruption nor restrictive modification or changes from
date of commencement of the Project until final payment and termination of
any coverage required to be maintained after final payments.
I. City shall not be responsible for the direct payment of any insurance
premiums required by Agreement.
m. Subcontractors of Insured shall be required by Insured to maintain the same
or reasonably equivalent insurance coverage as required for Insured. Upon
City's request, Insured shall provide City with documentation thereof.
CFW Standard Insurance Requirements Page 3 of 3
Rev. 5.04.21
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/08/21 M&C FILE NUMBER: M&C 21-0365
LOG NAME: 80MEADOWBROOK GC MP&RENOVATION
SUBJECT
(CD 4)Authorize Execution of an Engineering Services Agreement with John C.Colligan d/b/a Colligan Golf Design, in the Amount of
$110,000.00 for Engineering Related Professional Services for Development of The Meadowbrook Golf Course Renovation Master Plan
RECOMMENDATION:
It is recommended that the City Council authorize execution of an engineering 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).
DISCUSSION:
The purpose of this Mayor and Council Communication(M&C)is to authorize the execution of an engineering services agreement with John C.
Colligan d/b/a Colligan Golf Design(CGD),in the amount of$110,000 for preparation of the Meadowbrook Golf Course Renovation Master Plan.
Meadowbrook Golf Course is an 18-hole golf course on 140-acre site located in east Fort Worth. It was established in 1925 and turned over to the
City in 1937.
The Park&Recreation Department(PARD)solicited qualifications from golf course design firms/teams in March 2021. The PARD's Planning&
Resource Management(PRM)and Golf Divisions staff subsequently reviewed qualifications from firms specializing in golf course master planning
and based on their professional qualifications,understanding of project scope and ability to meet the project schedule,determined that CGD was
the most qualified firm to provide such services for Meadowbrook Golf Course.
CGD will analyze all facilities based on changing golf trends and demographics,which shall serve as the core of the Master Plan. CGD will also
prepare long range estimated development costs,annual operation cost and will insure the final master plan is a unified collection which will
produce a playable,aesthetic, maintenance efficient and sustainable facility that is within the budget established by the City.
Golf Division staff have identified available project funds from 2020 golf course revenue proceeds in the amount of$125,000 for this work,to
include project incidentals such as reproduction and additional design services if needed. When additional funding is available,this agreement
may be amended to include construction document preparation.The initial scope of services will include a complete assessment of the existing
Meadowbrook Golf Course, including all its facilities(maintenance yard,clubhouse,etc.),research of existing golf trends and demographics,
culminating in the production of an overall Master Plan that will be used as a guide for future renovation of Meadowbrook Golf Course.
Business Equity Division-A waiver of the goal for Business Equity subcontracting requirements was requested and approved by the Department
of Diversity(DVIN), in accordance with the applicable Ordinance,because the purchase of goods or services is from sources where
subcontracting or supplier opportunitities 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 General Capital Projects
Fund for the Meadowbrook Golf Course Master Plan project to support the approval of the above recommendation and execution of the
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: Richard Zavala 5704
Additional Information Contact: Scott Penn 5750
City of Fort Worth
Request for Waiver of Business Equity Goal
PARD / PRM $ 125,000.00
DEPARTMENT/DIVISION NAME: ESTIMATED COST
(Please select the appropriate circle)
O1TB ORFQ ORFP ()Sole Source ()Amendment/Change Order ()Emergency ()Other:
NOTE:All support documentation needs to be attached to this request.
Meadowbrook Golf Course - Master/Concept Plan 103213
NAME OF BID/PROJECT BID/PROJECT NO.
Scott E. Penn Digitally signed by Scott E.Penn
Date:2021.02.08 11:20:17-06'00' 5750 2-8-2021
SIGNATURE OF BUYER/PROJECT MANAGER EXTENSION DATE NAICS CODE
Prior to advertisement, the contracting/managing department shall determine whether the bid/proposal is one which
Business Equity requirements should not be applied. Business Equity requirements may be waived upon written approval of the
Department of Diversity and Inclusion (DVIN)Business Equity Assistant Director. If one of the conditions listed below exists,
the contracting/managing department shall notify the Assistant Director via this form, stating the specific reason(s)for
requesting a waiver.
If the contracting/managing department and the Assistant Director are in conflict over the granting of a
waiver, contracting/managing department or the Assistant Director may appeal to the City Manager, or
designee, whose decision is final.
Please Check Applicable Reason:
A DVIN: A waiver of the goal for Business Equity subcontracting requirements was requested,
and approved by the DVIN, in accordance with the applicable Ordinance, because a public or
administrative emergency exists which requires the goods or services to be provided with
unusual immediacy; or
B. DVIN: 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; or
C. DVIN: 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
application of the provisions of this ordinance will impose an economic risk on the City or
unduly delay acquisition of the goods or services; or
D. DVIN: 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 waiver
request is based on the sole source information provided.
E. OTHER (Specify):
Justify Commodity or Service Waiver Request:
The RFQ process and subsequent RFP submittal to selected golf course designer will have a very limited scope entailing research of
championship course. This design work is in the very specialized field of golf course design and during the conceptual design phase
will not present sub-consultant opportunities that will be available during detailed design phase.
Please use additional sheets if needed
DVIN USE ONLY:
❑✓ Gwen Wilson Date:l02 .0signed by Gwen 7Wilson06'0 02/10/2021
Date:2021.02.10 16:31:07-O6'00'
LNApproved.
Signature of DVIN Authorized Personnel Date
E-
ot Approved Signature of DVIN Authorized Personnel Date
Business Equity Division effective 01-01-2021
Email: DVIN_BEOfficeffortworthtexas.gov