HomeMy WebLinkAboutContract 55951-A1 CSC No. 55951-A1
AMENDMENT No. 1
TO CITY SECRETARY CONTRACT No. 55951
WHEREAS, the City of Fort Worth (CITY) and John C. Colligan d/b/a
Colligan Golf Design, (ENGINEER) made and entered into City Secretary
Contract No. 55951, (the CONTRACT) which was authorized by M&C 21-0365 on
the 8th day of June, 2021 in the amount of $ 110, 000 . 00; and
WHEREAS, the CONTRACT involves engineering services for the
following project:
Meadowbrook Golf Course Renovation, CPN 103213; and
WHEREAS, it has become necessary to execute Amendment No. 1 to the
CONTRACT to include an increased scope of work and revised fee.
NOW THEREFORE, CITY and ENGINEER, acting herein by and through their
duly authorized representatives, enter into the following agreement,
which amends the CONTRACT :
1 .
Article I of the CONTRACT is amended to include the additional
engineering services specified in proposal attached hereto and
incorporated herein. The cost to City for the additional design services
to be performed by Engineer totals $550,000. 00. (See Attached Funding
Breakdown Sheet, Page -4-)
2 .
Article II of the CONTRACT is amended to provide for an increase in
the fee to be paid to Engineer for all work and services performed under
the Contract, as amended, so that the total fee paid by the City for all
work and services shall be an amount of $660,000. 00.
3 .
All other provisions of the Contract, which are not expressly
amended herein, shall remain in full force and effect.
EXECUTED and EFFECTIVE as of the date subscribed by the City' s
designated Assistant City Manager.
OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth, Texas Meadowbrc FT. WORTH, TX
Prof Services Agreement Amendment Template
Revision Date: November 23, 2021
Page 1 of 24
APPROVED:
City of Fort Worth
Colligan Golf Design
John C. Colligan
d/b/a Colligan Golf Design
Jesica McEachern John C. Colligan
Assistant City Manager Principal
DATE: Sep 6, 2022 DATE: Aug 30, 2022
APPROVAL RECOMMENDED:
)9,
JA_
Dave Lewis
Interim Director, Park & Recreation Department
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the
monitoring and administration of this contract, including ensuring all
performance and reporting requirements .
Scott E. Penn
District Superintendent
APPROVED AS TO FORM AND LEGALITY: M&C: 22-0655
Date : _Aug. 23, 2022
Mack(Sep 2,2022 17:09 CDT)
Douglas W. Black
Sr. Assistant City Attorney
ICY ICY ��°FORT°k
ATTEST: F,�.o° 0,
o �'�
`7a�r�rette GooalgGG �o o= ,
Jannette S.Goodall(Sep 7,2022 08:29 CDT) ��*o° °°o 4�
°O°00000 101
Jannette Goodall l �a�nixii& '
City Secretary - V C�
OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth, Texas Meadowbr FT. WORTH, TX
Prof Services Agreement Amendment Template
Revision Date: November 23, 2021
Page 2 of 24
FUNDING BREAKDOWN SHEET
City Secretary No. 55951
Amendment No. 1
Department Fund-Account-Center Amount
080 30100-0800450-5330500-103213-004930-9999 110, 000 .00
080 34027-0800450-5330500-103213-004930-9999 550, 000 . 00
Total: 660, 000 . 00
City of Fort Worth, Texas Meadombrookk Golf Course Renovation
Prof Services Agreement Amendment Template 103213
Revision Date: November 23, 2021
Page 3 of 24
Scope of Services
ARTICLE 1 — INTENTION OF PARTIES
WHEREAS, the Owner is legally in possession of certain real property (140 acres) located
at 1815 Jensen Road in Fort Worth, Tarrant County, Texas.
WHEREAS, the Owner desires to construct the improvements to the said property,
generally described as:
The development of construction documents for renovation of all 18 holes and associated
site improvements at Meadowbrook Golf Course per the endorsed master plan (attached).
hereinafter referred to as "Project".
WHEREAS, the Owner, a City Owned Golf Facility has determined that it would be
desirable and in the best interests of the Owner to engage the Designer as an
independent consultant;
WHEREAS, the Designer is experienced in designing plans and specifications for golf
courses and the observation of the construction of golf courses generally; and
WHEREAS, the Designer desires to furnish such services to the Owner upon the terms
and conditions as further set forth herein.
That Owner shall engage the Designer as an independent consultant and the Designer
agrees to accept such engagement upon the terms and conditions hereinafter set forth.
The team will consist of:
Colligan Golf Design Golf Design
Larry Rodgers Design Group Irrigation
MultaTech (M/BE) Engineering/Permitting
Gorradona & Associates Surveying
K + K Associates RAS
ARTICLE 2 — GOLF COURSE DESIGNER'S SERVICES
2.1 GENERAL PROVISIONS
A. Coordination with Other Consultants
Golf Course Designer shall be available from time to time to consult with
other design professionals on the Project to assist in development of
conceptual design parameters for land plan, the clubhouse, maintenance
area, cart staging, and related facilities as may be applicable. Golf Course
Designer shall not, however, be responsible for final design of these other
facilities.
City of Fort Worth, Texas Meadowbrook Golf Course Renovation
Prof Services Agreement Amendment Template 103213
Revision Date: November 23, 2021
Page 4 of 24
B. Limits of Duties and Responsibilities of Golf Course Designer
The parties acknowledge and agree that the extent of the services set forth
in subsection 2.2 include only the services that are customary to be
performed by golf course designers in the business of designing golf courses.
and does not include any extraordinary matters nor any item which must, by
law, be performed by other licensed professionals. Golf Course Designer is
not liable for any omissions which may arise from Owner's failure to secure
qualified consultants.
2.2 BASIC SERVICES
The Basic Services consist of the services described in this Section 2.2, which are to
be performed by the Golf Course Designer during the following four phases of the
Project:
(1) the Consultation Phase,
(II) the Construction Documents Phase,
(III) the Bidding and Negotiation Phase and
(IV) the Construction Observation Phase
2.2.1 PHASE I — CONSULTATION AND MASTER PLANNING PHASE
A. Consultation
1. The Golf Course Designer shall consult with the Owner to ascertain the
parameters, goals and objectives of the Project and shall endeavor to
confirm, either orally or in writing, such requirements to the Owner.
2. The Golf Course Designer shall consult with the Owner regarding the
necessity of obtaining services from engineers, surveyors and other
consultants and professionals as may be necessary to complete the
Project.
3. The Golf Course Designer will take a preliminary tour of the golf course
to determine review existing conditions and to formulate potential design
solutions.
4. The Golf Course Designer will work with the Owner to gather critical
base data and will complete a basic site analysis.
B. Coordination/Management/Communication
CONSULTANT shall perform the following tasks:
City of Fort Worth, Texas Meadowbrook Golf Course Renovation
Prof Services Agreement Amendment Template 103213
I Revision Date: November 23, 2021
Page 5 of 24
1) Attend one (1)project kick-off meeting(two-hour duration) with the CITY to
review project scope, schedule, deliverables, status reporting, communications, and
expectations for the project.
2) Lead and manage the CONSULTANT and sub-consultant design team
throughout the project.
3) Communicate regularly by phone and email with CITY staff.
4) Provide to the CITY a one-page project status report on the last business day of
each month throughout the project.
5) Participate in meetings with CITY staff as noted specifically in each task
described below.
6) Basic services for bid set shall include preparation of design submittals,
construction documents,project manual and cost opinion documents. Project design
duration is anticipated to be approximately ten (10) months (300 Calendar days).
7) Special Services shall be those services necessary to provide appropriate design
guidelines for the design/construction documents. (i.e.;topographic survey, etc.)
These are described in greater detail below.
2.2.2 Phase II — CONSTRUCTION DOCUMENTS PHASE
A. Preparation of Construction Documents
Upon approval by the Owner of the goals and objectives, the Golf Course Designer
shall prepare for Owner's approval, Construction Documents consisting of the
Working Drawings and Specifications necessary for construction of the Project.
Included with the Construction Specification Documents will be instructions setting
forth the requirements for the construction of the Project and certain of the
responsibilities of the Owner and the Contractor who is to construct the Project.
These shall include the requirement that the Contractor(s) provide the Owner with
drawings of record and project user manuals, as necessary.
The final plans and all plans necessary for the modifications shall be of format
deemed appropriate by Golf Course Designer and shall generally include the
following:
1. Staking Plan showing proposed centerlines of each golf hole.
2. Clearing and Demolition Plan, where applicable.
3. Grading Plan, including approximate quantities of earthmoving.
4. Drainage Plans,
5. Turf Grassing Plan, to illustrate contour mowing patterns on fairways and
around greens.
6. Irrigation Plan, showing head locations, pipe sizes, wiring diagram and
control system.
7. Appropriate and Customary Construction Details.
City of Fort Worth, Texas Meadowbrook Golf Course Renovation
Prof Services Agreement Amendment Template 103213
Revision Date: November 23, 2021
Page 6 of 24
B. Other Plans
Other plans which may be supplied at or about time of Construction Document
Phase:
1. Conceptual Cart Path Plan
In the interest of establishing budget parameters and obtaining a bid
for cart path work, Golf Course Designer may choose to prepare a
conceptual cart path plan. This plan shall designate the general
scope of cart path contemplated. Any cart path design shall consider
only matters customarily within the realm of the Golf Course Designer
including circulation, accessibility, concealment and / or other
aesthetic matters.
Golf Course Designer does not warrant or imply any knowledge of
operating characteristics of any proposed golf carts or utility vehicles
to be utilized by Owner nor that golf cart path as designated on plans
is sound or sufficient from a vehicular engineering standpoint.
C. Data Review/Site Visit/Base Map
CONSULTANT shall perform the following tasks:
1. Gather and review available relevant project data provided by CITY
and other sources: this will include existing site infrastructure (utilities),
survey and/or other legal documents regarding property
identification/verification
2. Visit project site to observe and photographically document existing
conditions as necessary for completion of the project.
3. Prepare a project base map for the project utilizing sheet format
provided by CITY, CONSULTANT's special services survey data,
relevant project data, and latest Google Earth or other available aerial
photographic imagery. The project base map shall be suitable for use
in both 22 inch x 34 inch (full-size) and 11 inch x 17 inch (half size)
format with black and white line work (and with full-color aerial photo
background which can be turned on or off as requested by CITY).
4. Attend one (1) meeting (two-hour duration) with the CITY to review
project data, site photos, base map, and other information resulting
from special services tasks prior to proceeding with preparation of
schematic design documents.
D. Schematic (30% Design)
CONSULTANT shall perform the following tasks:
1. Consultant will prepare Construction Documents (CD's) for the proposed
golf course renovation and submit to the CITY at an approximate 30%
level of completion.
City of Fort Worth, Texas Meadowhrook Golf Course Renovation
Prof Services Agreement Amendment Template 103213
Revision Date: November 23, 2021
Page 7 of 24
2. Based upon the 30% CD's, Consultant will prepare an Opinion of
Probable Construction Costs (OPCC) for the proposed improvements to
be included in the Bid and Construction Document Package.
3. Consultant will attend one (1) meeting with the CITY to review the 30%
CD's and the 30% OPCC to confirm the overall design and obtain CITY
approval before proceeding into the 60% CD level documents. The
CONSULTANT will take the comments and input from the CITY and
incorporate those in the 60% CD's.
Note: All improvements will follow applicable City of Fort Worth standards
and details, unless directed otherwise. Park Facility Standards will be
provided by the CITY. All other required standards will need to be
researched, verified, and acquired separately.
E. 60% Construction Documents
CONSULTANT shall perform the following tasks:
1. Prepare and submit 60% design/construction documents for golf course
renovation improvements to the CITY for review. These documents shall
incorporate CITY comments and input from the previous review of project
data and existing site conditions.
2. 60% design/construction documents will be required for:
a. design/construction plans
b. anticipated technical specifications (outline only)
c. detailed OPCC
3. Coordinate and schedule plan review meeting with City Floodplain
Engineer and TPW Storm Water
a. Drainage plan review
b. Floodplain impact determination
c. Permitting requirements defined
4. Attend a meeting with the CITY to discuss CITY review comments
regarding the 60% submittal and obtain CITY input prior to
CONSULTANT's preparation of 90% construction documents.
F. 90% Construction Documents
CONSULTANT shall perform the following tasks:
1. Prepare and submit 90% design documents for all anticipated golf course
renovation to the CITY for review, incorporating previous CITY review
comments and input. An OPCC will be prepared
2. 90% design/construction documents will be required for:
a. design/construction plans
b. anticipated technical specifications (approximated final copies)
3. Attend a meeting with the CITY to discuss CITY review comments
regarding the 90% submittal and obtain CITY input prior to ENGINEER's
preparation of 100% final construction documents.
City of Fort Worth, Texas Meadowbrook Golf Course Renovation
Prof Services Agreement Amendment Template 103213
Revision Date: November 23, 2021
Page 8 of 24
4. Apply for and obtain Floodplain Development Permit and all necessary
storm water data that may be required for contractor site development or
building permit application.
G. 100% Preliminary-Final Construction Documents
CONSULTANT shall perform the following tasks:
1. Prepare and submit 100% preliminary-final design documents for golf
course renovation to the CITY for review, incorporating previous CITY
review comments and input. An OPCC will be prepared
2. 100% preliminary-final design documents required, will be:
a. Mylar cover sheet (template to be supplied by CITY)
b. design/construction plans
c. final technical specifications (considered ready for bidding
documents)
3. Incorporate any remaining comments and input from CITY regarding the
100% preliminary-final submittal prior to ENGINEER's submittal of final
sealed and signed construction documents for bidding advertisement by
CITY.
4. Submit plans to a Texas Licensed Registered Accessibility Specialist
(RAS) for review and inspection upon construction completion.
H. Sealed Construction Documents for Bidding
CONSULTANT shall perform the following tasks:
1. Submit two sealed and signed bid set design documents for all
improvements to CITY, along with digital copy, for bidding advertisement,
incorporating previous CITY review comments and input. These
improvements shall include all of the elements from the previous task.
2. Bidding design/construction documents shall include the following:
a. Sealed design/construction plans
b. Sealed page for final technical specifications
c. Detailed OPCC for all planned improvements
2.2.3 PHASE III - BIDDING OR NEGOTIATION PHASE
Obtaining Bids as Negotiated Proposals
The Golf Course Designer, following the Owner's approval of the Construction
Documents, shall assist the Owner in obtaining bids or negotiated proposals, and in
awarding a contract for the construction of the Project (the "Construction Contract").
Bid Phase Assistance
CONSULTANT shall perform the following tasks:
City of Fort Worth, Texas Meadoiehrook Golf Course Renovation
Prof Services Agreement Amendment Template 103213
Revision Date: November 23, 2021
Page 9 of 24
1. prepare and submit written responses to bidder requests for information
(RFI's), through the CITY
2. attend pre-bid conference, in support of the CITY
3. assist the CITY with bid analysis, bid tabulation, and bid award
recommendation
2.2.4 PHASE IV— CONSTRUCTION OBSERVATION PHASE
A. Duration of Construction Phase
The Construction Phase will commence with the award of the Construction Contract
and will terminate at the earlier of:
1. a certificate for final payment is issued with respect to the Project.
or
2. a stipulated date as set forth in this agreement. This contract and the
quoted basic service fee allow for 18 months of construction
observation. It is anticipated the construction will start on or about
November 6, 2023 and be terminated May 2, 2025. If these dates
differ, Golf Course Designer may be entitled to additional payment
pursuant to Subsection 5.9.
B. Contract Documents
The Contract Documents shall consist of the Construction Contract (including the
agreement between the Owner and the Contractor and the conditions of such
agreement), the Drawings, the Specifications, change orders, written
interpretations, minor changes ordered by the Golf Course Designer pursuant to
Subsection 2.E.7 and any amendments thereto.
C. Construction Administration
The Golf Course Designer shall assist Owner in providing administration of the
construction of the Project as provided in the Contract Documents.
The Golf Course Designer shall consult and assist Owner in issuing advice and
instructions to the Contractor awarded the construction contract (the "Contractor").
All such instruction shall be issued through the Owner.
D. Access to Site
The Golf Course Designer shall at all times have access to the Project wherever it
is in preparation or progress.
City of Fort-Worth, Texas I.leadowbL oo}: Golf Course Renovation
Prof Services Agreement Amendment Template 103213
Revision Date: November 23, 2021
Page 10 0
f 24
E. Construction Observation Services
1. The Golf Course Designer shall assist the Owner by making periodic
visits to the site of the Project to familiarize himself generally with the
progress and quality of work to determine in general if the Project is
proceeding in accordance with the Contract Documents. On the basis
of his on-site observations, he shall endeavor to identify defects and
deficiencies in the work of the contractor. However, the Golf Course
Designer shall not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions and
programs in connections with the Work, and he shall not be
responsible for the Contractor's failure to carry out the Work in
accordance with the Contract Documents. The Golf Course Designer
shall not be required to make exhaustive or continuous on-site
inspections to check the quality or quantity of the Work. As used
herein, the term "Work" shall mean the construction required by the
Contract Documents and shall include all labor used in such
construction and all materials, equipment and course accessories
incorporated or to be incorporated into such construction.
2. Based on the observation at the site and on the Contractor's
application for payment, the Golf Course Designer shall assist the
Owner in determining the amount owing to the Contractor under the
Contract Documents and shall review and sign Contractor's
application for payment in such amounts if requested by the Owner.
Golf Course Designer's signature on an application for payment shall
constitute a Designer's observations at the site of the Project as
provided in Subsection 2.2.4C and on the data compromising the
application for payment, that to the best of his knowledge, information
and belief.
a. the Work has progressed to the point indicated in such
application;
b. the quality of the Work is in accordance with the Contract
Documents subject to:
1. an evaluation of the Project as a functioning whole upon
Substantial Completion,
2. the results of any subsequent tests required by or
performed under the Contract Documents,
3. minor deviations from the Contract Documents correctable
prior to Substantial or Final Completion and
4. an specific qualifications stated in the certificate of
payment;
C. the Contractor is entitled to payment in the amount stated in
the certificate for payment.
I
City of Fort Worth, Texas Meadowbrook Golf Course Renovation
Prof Services Agreement Amendment Template 103213
Revision Date: November 23, 2021
Page 11 of 24
it
By issuing a certificate for payment, the Golf Course Designer
shall not be deemed to represent that he has made any
examination to ascertain how or for what purpose the
Contractor has used the moneys paid under the Construction
Contract.
3. The Golf Course Designer shall be the interpreter of the requirements
of the Contract Documents and the judge of the performance
thereunder by both the Owner and the Contractor. The Golf Course
Designer shall make decisions on all claims of the Owner or
Contractor relating to the Project and on all other matters or questions
related hereto.
4. The Golf Course Designer's decisions on any other claims, matters or
questions shall be subject to arbitration as provided in this Agreement.
The Golf Course Designer shall not be liable for any decision made
pursuant to this Subsection that was rendered in good faith.
5. The Golf Course Designer shall assist the Owner in determination of
need to reject Work that does not conform to the Contract
Documents. The Golf Course Designer shall not be liable to the
Owner for the consequences of any decision made by the Golf
Course Designer in good faith either to exercise their authority to
reject all or any part of the Work.
6. If requested by Owner, the Golf Course Designer shall review and
approve shop drawings, samples, and other submissions of the
Contractor only for conformance with the design concept of the
Project and for compliance with the information given in the Contract
Documents.
7. The Golf Course Designer shall assist the Owner in preparation of
change orders for the Owner's approval and execution and shall have
authority to order minor changes in the Work which are not directly
inconsistent with the provisions of the Contract Documents.
8. The Golf Course Designer shall assist the Owner in conducting
inspections to determine whether Substantial Completion and Final
Completion have occurred and the dates thereof, shall receive written
guarantees and related documents assembled by the Contractor, and
shall issue a final certificate for payment.
"Substantial Completion" shall be deemed to occur when the Golf
Course Designer on the basis of an inspection of the Project
determines that, to the best of his knowledge, information and belief,
the Work has been substantially completed in accordance with the
terms and conditions of the Contract Documents.
City of Fort Worth, Texas Meadowbrook Golf Course Renovation
Prof Services Agreement Amendment Template 103213
Revision Date: November 23, 2021
Page 12 0
f 24
"Final Completion" shall be deemed to occur when the Golf Course
Designer, on the basis of an inspection of the Project, determines
that, to the best of his knowledge, information and belief, the Work
has been completed in accordance with the terms and conditions of
the Contract Documents.
9. Drawings of Record: The Golf Designer will work with the Golf Course
Contractor to furnish As-Built drawings for the project. These drawings
will be reproducible record prints of drawings showing significant
changes made during the construction of the Project, based on
marked up prints, drawings and other data furnished by the Contractor
to the Golf Course Designer.
F. Artistic Effect
The Golf Course Designer's decisions in matters relating to artistic effect shall be
final if they are not directly inconsistent with the provisions of the Contract
Documents.
Golf Course Designer has right of refusal concerning shaper(s) that will produce
final grading for the golf course. If in the opinion of Golf Course Designer, the
shaper employed by Owner or Contractor is unable to satisfactorily perform his
function, Owner or Contractor (as appropriate) shall supply new shaper suitable to
Golf Course Designer.
G. Golf Course Designer Not Responsible for Contractor's Actions
The Golf Course Designer shall not be responsible for the acts or omissions of the
Contractor, or any Subcontractors, or any of the Contractor's or Subcontractor's
agents or employees, or any other persons performing any of the Work on the
Project.
H. Extent of Responsibilities of Golf Course Designer
The extent of the duties, responsibilities, and limitations of authority of the Golf
Course Designer as the Owner's responsibilities during construction shall not be
modified or extended without the written consent of the Owner, the Contractor and
the Golf Course Designer.
I. Definition of Terms
1. The terms "Contractor" and "Construction Contract" shall, in the
appropriate context, mean the singular or plural forms of such terms.
2. "Assist the Owner" shall mean that the Golf Course Designer shall
review, interpret, or advise Owner on contractual matters, but shall not
prepare, execute, or distribute any documentation related to contract
administration.
City of Fort Worth, Texas Meadowbrook Golf Course Renovation
Prof Services Agreement Amendment Template 103213
Revision Date: November 23, 2021
Page 13 0
f 24
ARTICLE 3 ADDITIONAL SERVICES OF GOLF COURSE DESIGNER
The services listed below in Subsections 3.1 through 3.16 are not included in
Subsections 2.2.4 A through I under the caption "Basic Services." If any Additional
Services are requested by Owner, they shall be paid for by the Owner as
hereinafter provided.
3.1 Special Studies
Providing or assisting in the development of special studies including, but not
limited to:
a. Financial feasibility, market analysis, pro formas or other financial studies.
b. Archaeological, historical, wetlands, wildlife, environmental impact or other
environmental studies, reports or plans.
C. Land planning.
d. Engineering traffic studies or other special analysis.
e. Providing promotional material (other than customary renderings of golf
course) including, but not limited to scale models, videos or brochures.
3.2Site Selection
Providing planning surveys, site evaluations or comparative studies of prospective
sites.
3.3Surveying
Surveying or making measured drawings of existing construction when required for
planning additions or alterations thereto.
3.401btaining Permits
Obtaining permits or providing drawings or exhibits in specific format, not generally
related to golf course design or construction for the specific purpose of meeting
applicable codes of appropriate governmental bodies of this agreement. Such
plans may include, but are not limited to, silt control, dust abatement, zoning plans,
water allocations or other special plans.
3.5 Construction Documents Outside Golf Course Designer's Scope of Service
Contracting with other to provide, at Owner's expense, the following construction
documents necessary for construction of a golf course, but outside our area of
expertise:
A. Dam, weir, channel or flood control plans of any nature
B. Landscape Plans
C. Clubhouse, maintenance, shelter, or other structural plans
City of Fort Worth, Texas Meadowbrook Golf Course Renovation
Prof Services Agreement Amendment Template 103213
Revision Date: November 23, 2021
Page 14 0
f 24
3.6 Changes to Plans
Revising previously approved Drawings, Specifications or other documents to
accomplish changes not initiated by the Golf Course Designer.
3.7Consultation as to Damage
Providing consultation concerning replacement of any part of the Project damaged
by casualty or other cause during construction and furnishing professional services
of the type set forth in Subsection 2.2 under the caption "Basic Services" as may be
required in connection with the replacement of such parts of the Project.
3.8Consultation Related to Default of Contractor
Providing professional services made necessary by the default of the Contractor in
the performance of the Contract Documents or the defaults of any subcontractor or
supplier of materials, equipment or golf course accessories.
3.9Services After Substantial Completion
Providing assistance in administration of the Construction Contract and observation
of the Work after the time specified in the Contract Documents for Substantial
Completion has been exceeded by more than twenty percent or sixty (60) days,
whichever is less, through no fault of the Golf Course Designer.
3.10 Court Testimony
Providing services as a witness in connection with any public hearing, arbitration
proceeding, or the proceedings of a court of record.
3.11 Providing Consultants
Providing services of consultants, except as noted in Section 13.3.
3.12 Orientation Services
Providing re-orientation services in the event that Owner replaces his representative
or key consultants during the course of the project.
3.13 Other Services
Providing any other services not otherwise included under Basic Services in
Subsections 2.2.4 A through I.
3.14 Contract Administration
City of Fort Worth, Texas Meadowbrook Golf Course Renovation
Prof Services Agreement Amendment Template 103213
Revision Date: November 23, 2021
Page 15 0
f 24
Providing Contract Administration Services or a Project Representative, unless
otherwise stipulated by and agreed to by the Owner as an optional construction
phase service.
ARTICLE 4 GOLF COURSE DESIGNER'S COMPENSATION
4.1 Basic Service Fee
The Owner shall compensate the Golf Course Designer in accordance with the
provisions of this Agreement, as follows:
For the Basic Services of the Golf Course Designer as described in Subsections
2.2 through 2.14, a Lump Sum fee (the "Basic Services Fee") of Five Hundred Fifty
Thousand Dollars ($550,000.00) which shall be paid in conformity with the schedule
described in Article 6.
4.2Charges for Additional Services
For the Golf Course Designer's Additional Services, a fee computed as follows:
a. Principals' time at the fixed rate of Two Hundred Sixty-Five Dollars
($265.00) per hour For the purpose of this Agreement, the Principals
are: John Colligan.
b. Employees' time at a fixed rate of One Hundred Eighty Dollars
($180.00) per hour.
C. Secretarial / Clerical time at a fixed rate of Thirty Dollars ($30.00) per
hour. Services of consultants, if included in Golf Course Designer's
contract, including those retained in accordance with Subsection 3.1,
at a multiple of 110% or (1.1) times the amount billed to the Golf
Course Designer for such services.
4.3 Reimbursable Expenses
Reimbursable expenses are included in the Basic Service Fee. Optional
Construction Observations Services and compensation for any Additional Services,
Reimbursable expenses include actual expenditures made by the Golf Course
Designer, his employees or his consultants in the interest of the Project for the
following:
A. Transportation and living in connection with travelling for the Project.
B. Long distance telephone calls, including fax,
C. Courier expense, photocopies and other reproductions (excluding copies for
the Golf Course Designer's office use) and a duplicate set at each phase of
the Project for the Owner's review and approval.
D. All expendable surveying supplies
E. Fees for securing approval of authorities having jurisdiction over the Project,
and
City of Fort Worth, Texas Meadowbrook Golf Course Renovation
Prof Services Agreement Amendment Template 103213
Revision Date: November 23, 2021
Page 16 0
f 24
F. Sets of plans or specifications in which Golf Course Designer has not
charged a pick-up fee to bidders.
ARTICLE 5 — PAYMENT SCHEDULE AND TERMS
Payments to the Golf Course Designer shall be made as described in this
Subsection.
5.1 Initial Payment
No initial payment in this Agreement.
5.2Subsequent Payment
Subsequent payments of the Basic Services Fee shall be made monthly and shall
be in proportion to services performed to increase the total payments on account of
the Basic Services Fee to the following percentages at the completion of each
phase of the Project:
A. Coordination/Management/Coordination 20% $110,000.00
B. Data Review/Site Visit/Base Map 30% $55,000.00
C. Schematic Design 30% 40% $55,000.00
D. Construction Documents 60% 50% $55,000.00
E. Construction Documents 90% 60% $55,000.00
F. Construction Documents 100% 80% $110,000.00
G. Bidding Assistance 90% $55,000.00
H. Construction Assistance 100%
$55,000.00
TOTAL $550,000.00
5.3 Monthly Invoicing
A. Payments for any Additional Services of the Golf Course Designer, the services
of any Contract Administration or Project Representatives and any
Reimbursable Expenses shall be made monthly upon presentation of the Golf
Course Designer's statement of services rendered.
5.4 Interest Charges
Any payments due the Golf Course Designer under this agreement shall be due
upon receipt. Accordingly, all invoices shall bear interest commencing at date of
billing of invoice by Golf Course Designer. No interest shall be charged, however,
provided payment is in receipt at Golf Course Designer's office within thirty (30)
days of issue invoice.
Responsibility for timely payment lies completely with the Owner and no allowances
shall be made by Golf Course Designer for delayed mail, or any other cause.
City of Fort Worth, Texas Meadowbrook Golf Course Renovation
Prof Services Agreement Amendment Template 103213
Revision Date: November 23, 2021
Page 17 0
f 24
Interest rate shall be 18% per annum together with reasonable attorney's fees and
legal expenses incurred in the collection thereof; provided, however, that in no
event shall the interest rate exceed the highest rate permitted by applicable law.
5.5 Credit of Payments
Whenever interest charges are due to the Golf Course Designer under the terms of
this agreement, and current payment does not fully cover professional design fees
(basic or additional), expenses, and interest charges, payments shall be credited
first to interest in full, the expenses and lastly, to professional fees.
The next month's invoice shall then reflect new interest charges based in the
calculated unpaid professional design service fee and including compounded
interest as due under the terms of Subsection 5.4.
5.6 Deductions
No deductions shall be made from the Golf Course Designer's compensation on
account of penalties, liquidated damages or other sums withheld from payments to
the Contractor.
5.7 Delay, Suspension, Abandonment of Project
If the Project is delayed, abandoned or suspended in either design or construction
phase for more than one month because of strikes, acts of God, extreme bad
weather or any other cause beyond the control of the Golf Course Designer,
thereupon the Golf Course Designer shall be paid all of his compensation for Basic
or Additional Services performed prior to receipt of written notice of the
abandonment of suspension of the Project, together with Reimbursable Expenses
and payments for the services of any optional abandonment of the Project.
Expenses may include additional professional service charges for re-activating
design phase process.
5.8 Automatic Escalator
It is anticipated in this contract that the prosecution of the design work shall
proceed upon signature of the agreement and be generally accomplished on an
uninterrupted time schedule, unless otherwise noted in the miscellaneous
conditions. In the event that work is delayed for any reason beyond the Golf
Course Designer's control, all phases of the work as described in Article 2 will be
subject to an automatic escalator equivalent to the consumer price index if any of
the phases have not been initiated within six (6) months of the date of acceptance
of this agreement.
Reimbursable expense estimates, hourly rates, consultants' charges and other
miscellaneous charges (if applicable) are also subject to increases in exactly the
same proportion as allocated to professional fees, as described above.
City of Fort Worth, Texas Meadowbroo}: Golf Course Renovation
Prof Services Agreement Amendment Template 103213
Revision Date: November 23, 2021
Page 18 of 24
ARTICLE 6 — OWNER'S RESPONSIBILITIES
6.1 Securing Funds for Payment
Owner shall completely satisfy Golf Course Designer that funds are available for
payment of services, by methods as mutually agreed to the Owner and Golf Course
Designer.
6.2 Base Information
The Owner shall furnish a certified land survey of recent date of the site of the
Project giving, as applicable, grades and lines of street, alleys, pavements, and
adjoining property; rights-of-way, restrictions, easements, encroachments, zoning,
deed restrictions, boundaries and contours of the site; locations, dimensions and
complete data pertaining to existing building, other improvements and trees; and
full information concerning available service and utility lines both public and private,
above and below grade, including inverts and depths. The Owner shall also
furnish, as applicable, zoning restrictions, deed restrictions, wetlands delineations,
and hydrological information relating to the site.
6.3 Reliability of Information
The services, information, surveys and reports required by Section 6.2 shall be
furnished at the Owner's expense, and the Golf Course Designer shall be entitled to
rely upon the accuracy and completeness thereof.
6.4 Owner's Representative
The Owner shall designate, when necessary or appropriate for the expeditious
completion of the Project, a representative authorized to act on his behalf with
respect to the Project. The Owner or his representative shall render decisions
pertaining to such documents promptly in order to avoid unreasonable delay in the
progress of the services to be performed by the Golf Course Designer under this
Agreement.
6.5 Consultants
The Owner shall furnish the services of consultants when such services are
deemed necessary or appropriate by the Golf Course Designer. Such consultants
may include among others, soil engineers, irrigation consultants, engineers and
planners. Unless otherwise stipulated, all consultants shall be employed directly by
Owner.
6.6 Surveying of Control Points
Owner shall provide for surveying of control points, tees, greens, doglegs and
several benchmarks. Owner shall stake the final preliminary routing for field review
by the Golf Course Designer. Owner shall subsequently re-stake any points as
necessitated due to revisions in final design for contractor's use. The specifications
City of Fort Worth, Texas Meadowbroo}c Golf Course Renovation
Prof Services Agreement Amendment Template 103213
Revision Date: November 23, 2021
Page 19 of 24
for construction shall stipulate, however, that the contractor is responsible for
maintenance of such points at his cost.
6.7 Permits
The Owner shall obtain all required permits and the approval of all governmental
authorities having jurisdiction over the project and such approvals and consents
from such other individuals or authorities as may be necessary for completion of the
Golf Course. The Engineer will provide all necessary documents for permit
submittals.
6.8 Testing
The Owner shall furnish any laboratory test, inspection or report as required by law
or the Contract Documents.
6.9 Legal, Accounting
The Owner shall furnish such legal, accounting and insurance counseling services
as may be necessary for the Project, including, without limitation, such auditing
services as he may require to ascertain how or for what purposes the Contractor
has used the moneys paid to him under the Construction Contract.
6.10 Notification of Golf Course Designer in Case of Faults or Defects
If the Owner observes or otherwise becomes aware of any fault or defect in the
Project or any nonconformance of the Project with the Contract Documents, he
shall give prompt written notice thereof to the Golf Course Designer.
6.11 Timely Information
The Owner shall furnish information and services required of him as expeditiously
as necessary for the orderly progress of the project.
6.12 Promotional Material
A. The Owner shall provide a reasonable number of copies to the Designer of
promotional materials, brochures, photographs, newsletters, scorecards,
articles, video and taped materials that he may produce for use by the
Designer, but is not obligated to produce such materials solely for benefit of
the Golf Course Designer.
6.13 Limitation of Golf Course Designer's Liability
A. The Owner shall prepare or allow Golf Course Designer to prepare
specifications or construction contracts that protect Golf Course Designer
from construction liability as is customary and reasonable in the industry.
This includes having contractor name Golf Course Designer as additional
insured for any general liability policies as they pertain to the Project.
City of Fort Worth, Texas [ieadowbrook Golf Course Renovation
Prof Services Agreement Amendment Template 103213
Revision Date: November 23, 2021
Page 20 0
f 24
B. Golf Course Designer shall have right of approval of any construction
contract that may be prepared by Owner in relation to this Project for the
purpose of insuring that excess liability does not accrue to Golf Course
Designer.
C. The Owner agrees to limit the Golf Course Designer's professional liability
due to negligent acts, errors or omissions, such that the total aggregate
liability of Golf Course Designer shall not exceed $100,000 or Golf Course
Designer total fee for services rendered on this Project, whichever is greater.
6.14 Contingency Fund
Owner acknowledges that golf course design and construction is not an exact
science, affected more than other forms of construction by unforeseen conditions,
weather, and other design factors. In recognition of this fact, Owner agrees to set
aside a contingency fund over and above any established budget agreed upon with
Golf Course Designer, to accommodate unforeseen cost overruns. This
contingency shall not be less than 10% of the anticipated golf course construction
budget and is to be kept in reserve solely for necessary additions or corrections to
basic golf course construction features under control of Golf Course Designer.
6.15 Payment of Taxes
If the design work is being done in connection with a project in a state or county
which requires taxes on design service, Owner shall pay such taxes. If, during the
course of the Project any government authority enacts new or additional taxes,
surcharges or fees, Owner shall pay these taxes, or in the alternative, Owner shall
compensate Golf Course Designer by adjusting fee to cover such taxes.
6.16 Proper Use of Facilities
Upon acceptance of the Project, or portions thereof, Owner agrees that operation
and maintenance of all facilities, apparatus and systems shall be done in a proper
manner, whether by Owner's employees, agents or subcontractors.
Owner agrees to indemnify and hold harmless the Golf Course Designer for any
defect or fault of the design if improper maintenance or operation is the primary
cause of the defect.
6.17 Approval of Plans
Owner, through his designated representative, shall give written approval and
concurrence at the conclusion of each phase in form and manner appropriate and
mutually agreeable to both parties.
6.18 Water Supply
Owner is responsible for providing a reliable water supply.
City of Fort Worth, Texas Meadowbrool: Golf Course Renovation
Prof Services Agreement Amendment Template 103213
Revision Date: November 23, 2021
Page 21 0
f 24
6.19 Turf Maintenance
Owner is responsible for maintaining the turf.
ARTICLE 7 — TERMINATION OF AGREEMENT
This agreement may be terminated: (i) by either party upon ten (10) days written notice
should the other party fail to substantially perform in accordance wit the terms of this
Agreement after having been given written notice of such failure and thirty (30) days to
cure, provided such failure is not attributable to the party initiating the termination or (ii) by
the Owner upon ten (10) days written notice to the Golf Course Designer should the
Project be permanently abandoned. At the time of such termination, the Golf Course
Designer shall be paid for all Basic Services, Additional Services, Reimbursable Expenses
or services of any Project Representatives performed or incurred prior to or on the
termination date including such sums as may accrue subsequent to and as a part of
terminating services under this Agreement.
ARTICLE 8 — OWNERSHIP OF DOCUMENTS
Notwithstanding any termination of this Agreement: (i) Drawings (including Working
Drawings) and Specifications are instruments of service and shall remain the property of
the Golf Course Designer whether the Project for which they are made is executed or not
and (ii) Drawings (including Working Drawings) and Specifications are not to be used by
the Owner on other projects or extensions to this project except by agreement in writing
and with appropriate compensation to the Golf Course Designer.
ARTICLE 9 — SUCCESSORS AND ASSIGNS
The Owner and the Golf Course Designer each binds himself, his partners, successors,
assigns and legal representatives to the other party to the Agreement and to the partners,
successors, assigns and legal representatives of such other party in respect of all
covenants of this Agreement. Neither the Owner nor the Golf Course Designer shall
assign or transfer his interest in this Agreement without the written consent of the other.
ARTICLE 10 — EXTENT OF AGREEMENT
This Agreement represents the entire and integrated Agreement between the Owner and
the Golf Course Designer and supersedes all prior negotiations, representations, or
agreements either written or oral. This Agreement may be amended only by writing
executed and delivered by the parties hereto.
ARTICLE 11 — PROCESS FOR RESOLVING DISPUTES
Owner agrees that in all claims, disputes and other matters arising out of, or relating to,
this Agreement or any alleged breach thereof, he shall first contact Golf Course Designer
in writing, and allow Designer a fair opportunity to rectify grievances. If satisfactory
resolution of dispute cannot be achieved, Owner agrees to then pursue mediation with a
City of Fort Worth, Texas Neadowbrrook Golf Course Renovation
Prof Services Agreement Amendment Template 103213
Revision Date: November 23, 2021
Page 22 0
f 24
mediator mutually agreed to by both parties. If such mediation fails to produce resolution
satisfactory to either party, then and only then, may legal action be instituted.
ARTICLE 12 —ACCEPTANCE OF AGREEMENT
This agreement must be accepted and signed, with one executed copy returned to the
Golf Course Designer within sixty (60) days of signature by Golf Course Designer. After
this time period, this offer is null and void and a new agreement will be offered, if desired.
UNLESS OTHERWISE SPECIFIED, THIS AGREEMENT SHALL BE GOVERNED BY
THE LAW OF THE STATE IN WHICH THE PRINCIPAL PLACE OF BUSINESS OF THE
GOLF COURSE DESIGNER IS LOCATED. ANY LEGAL ACTION ARISING FROM THIS
CONTRACT MUST BE BROUGHT IN TARRANT COUNTY, TEXAS.
ARTICLE 13 — MISCELLANEOUS PROVISIONS
13.1 Greens Construction Specifications
Golf Course Designer shall specify as part of the construction document greens
construction methods that closely follow specifications recommended by the United
States Golf Association.
He shall further specify the sand, gravel and sphagnum peat moss used in the
construction of the greens shall be tested and approved by a recognized testing
laboratory prior to the acceptance and award of the Contractor's Bid or prior to
construction. The Designer and Owner may agree, after discussion of all pertinent
factors, to modify USGA specifications, but in either case the Designer will not be
responsible for the performance of the greens after construction.
13.2 Design Meetings
Meetings between Golf Course Designer and the Owner are a necessary function
of our service. Included in the basic fee are the following meetings. The list is
conceptual. Owner, at his option and as project needs dictate, may reallocate
meetings. If the total number of meetings listed below is exceeded, additional
meetings shall be considered additional service to be paid as described in Section
4.2.
DESIGN PHASE NO. OF MEETINGS
Consultation Phase 2
Construction Drawings Phase 4
Bidding Phase 2
Miscellaneous 2
Total 10
13.3 Sub Consultants
a. Irrigation design shall be provided by an irrigation consultant who will prepare
plans and bid specifications, equal in detail to the golf course plans. Plans
City of Fort Worth, Texas Neadcwbrook Golf Course Renovation
Prof Services Agreement Amendment Template 103213
Revision Date: November 23, 2021
Page 23 0
f 24
will allow the Owner to plan for irrigation expansion and provide for
competitive bids, to provide consultation as to water demand and water
source concerns. Golf Course Irrigation Design shall accommodate wind
conditions prevalent at course location.
13.4 Other Provisions
Proposal fee includes the following maximum site visits:
Principal 50 visits (35 construction, 10 design and 5 floating)
Associate 50 visits
City of Fort Worth, Texas Meadowbrook Golf Course Renovation
Prof Services Agreement Amendment Template 103213
Revision Date: November 23, 2021
Page 24 0
f 24
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/23/22 M&C FILE NUMBER: M&C 22-0655
LOG NAME: 80MEADOWBROOK GC RENOVATION-DESIGN
SUBJECT
(CD 4)Authorize Execution of Amendment No. 1 to an Engineering Agreement with John C. Colligan d/b/a Colligan Golf Design, for the Design
and Preparation of Construction Documents for the Renovation of Meadowbrook Golf Course in the Amount of$550,000.00 for a Total Contract
Value of$660,000.00 (2022 Bond Program)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Amendment No. 1 to City Secretary contract number 55951, an engineering
agreement with John C. Colligan d/b/a Colligan Golf Design,for the design and preparation of construction documents for renovation of
Meadowbrook Golf Course(City Project No. 104201)in the amount of$550,000.00,for a total contract value of$660,000.00.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C)is to authorize the execution of Amendment No. 1 to City Secretary contract number
55951, an engineering agreement with John C. Colligan d/b/a Colligan Golf Design, in the amount of$550,000.00 for the design and preparation
of construction documents for renovation of Meadowbrook Golf Course.
Meadowbrook Golf Course is an 18-hole golf course on 140-acre site located in east Fort Worth. It was established in 1924 and turned over to the
City in 1937.
Golf Division staff identified available project funds from 2020 golf course revenue proceeds in the amount of$125,000.00.These proceeds were
appropriated in the Fiscal Year 2021 Capital Improvement Plan in order to fund a course renovation Master Plan. After solicitation and review of
numerous golf course design firm qualifications, Colligan Golf Design was selected to provided these services.
On June 8, 2021 (M&C 21-0365)the City Council authorized execution of a Standard Engineering and Related Professional Services Agreement
with John C. Colligan d/b/a Colligan Golf Design, in the amount of$110,000.00 for development of the Meadowbrook Golf Course Renovation
Master Plan (City Project No. 103213). The master planning effort included a complete assessment of the existing Meadowbrook Golf Course,
including all its facilities(maintenance yard,clubhouse, etc.), research of existing golf trends and demographics,culiminating in the production of
an overall Master Plan that is now the guide for future renovations of Meadowbrook Golf Course. The Meadowbrook Golf Course Master Plan was
endorsed by the Park&Recreation Advisory Board on May 25, 2022.
The 2022 Bond Program includes funding, in the amount of$7,000,000.00 which will be appropriated to the project in a separate M&C,for the
renovation of Meadowbrook Golf Course;to include all professional services, construction and administration. An estimated project construction
cost of$6,000,000.00 has been identified to upgrade aging infrastructure and enhance course playability by reconfiguring tees,fairways and
greens.
Available resources within the General Fund will be used to provide interim financing until the debt is issued.Once debt associated with the project
is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to Reimburse that was adopted
as part of the ordinance canvassing the bond election.
MM/BE OFFICE-A waiver of the goal for Business Equity subcontracting requirements was requested,and approved by the DVIN, in accordance
with the applicable Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are
negligible.
Meadowbrook Golf Course is located in COUNCIL DISTRICT 4.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2022 Bond Program Fund
for the 2022 Bond Meadowbrook GC project to support the approval of the above recommendation and execution of the amendment to the
engineering agreement. Prior to any expenditure being incurred,the Park&Recreation Department has the responsibility to validate the
availability of funds.
Submitted for City Manager's Office by. Valerie Washington 6192
Originating Business Unit Head: Dave Lewis 5717
Richard Zavala 5711
Additional Information Contact: Scott Penn 5750
Signature: gNDL��b��� Om
Email: melissa.brunner@fortworthtexas.gov