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Contract 45992
CITY SECR9i°AN jl` CONTRACT N0. `� J q& CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Colligan Golf Design, authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Rockwood Golf Course Renovation. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall be in the amount of $310,000.00 as set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but rrn not limited to meeting the requirements set forth in Attachment D to this M AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of ® any balance will be due within 30 days of receipt of the final invoice. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services e Pge 1 Official 1 Release Date:10/22/2012 OFFICIAL RECORD CI'T'Y SECRETARY FT. WORTH,TX (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. 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 standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:10/22/2012 Page 2 of 17 (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. 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 the agreement between CITY and ENGINEER be construed as requiring City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:10/22/2012 Page 3 of 17 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 (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 not other City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:10/22/2012 Page 4 of 17 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. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:10/22/2012 Page 5 of 17 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 photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured 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 the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. 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 the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:10122/2012 Page 6 of 17 acceptable. i. ENGINEER waives all rights against the 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 ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the 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 ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:10/2212012 Page 7 of 17 d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER 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 coincident with or prior to the date of the contractual 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. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:10/22/2012 Page 8 of 17 m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of 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. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:10/22/2012 Page 9 of 17 amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:10/22/2012 Page 10 of 17 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. (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 and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:10/22/2012 Page 11 of 17 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 V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/[nstallation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance 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. K. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:10/22/2012 Page 12 of 17 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. 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 The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:10/22/2012 Page 13 of 17 b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; C.) The 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 termination expenses. The CITY'S approval will 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's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER' agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:10122/2012 Page 14 of 17 1. 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. J. 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.1. shall survive termination of this AGREEMENT for any cause. K. 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. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. 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 Attachment D - Project Schedule City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:10/22/2012 Page 15 of 17 Attachment E - Location Map Executed and effective this the o� day of dC 20/'/� BY: BY: CITY OF FORT WORTH ENGINEER Colligan G Design 4 74 Id W" 0001/ San Alanis Assistant City Manager hn C. Collig cv Principal Date: � � I � Date: APPROVAL RECOMMENDED: By: ichard Zavala kirector, Parks and Community Services Department APPROVED AS TO FORM AND LEGALITY Q"�a� M&C Date: By: Doug as W. Black Assistant City Attorney 00 ATTEST: ° 60 oX 0 � (ny U0000000 ary J. Ky� ��'ff City Secretary ©FFICOAL RECORD City of Fort Worth,Texas CM'LV 5 4 CRETARV Standard Agreement for Engineering Related Design Services N PPMgO Official l Release Date:10/22/2012 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:10/22/2012 Page 17 of 17 ATTACHMENT "A" Scope for Golf Course Design Related Services The scope set forth herein defines the work to be performed by the GOLF COURSE DESIGNER in completing the project. Both the CITY and GOLF COURSE DESIGNER have attempted to clearly define the work to be performed and address the needs of the Project. 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. 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. 1. 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 Preliminary Planning and Design Development Phase, (II) the Construction Documents Phase, (III) the Bidding and Negotiation Phase and (IV) the Construction Observation Phase 1.2.1 PHASE I — PRELIMINARY PLANNING AND DESIGN DEVELOPMENT PHASE A. Consultation 1. The Golf Course Designer shall consult with the Owner to ascertain the requirements 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. Golf Course Designer shall endeavor to furnish to the Owner such data concerning the design of the golf course as may be necessary for the approval process by any appropriate governmental authority. This shall include creating plans in format acceptable for use, but shall not include separate plans or other extraordinary work not related to actual golf course design process. B. Preliminary Planning Phase 1. Preliminary Routing Plan The Golf Course Designer shall prepare, for the approval of the Owner, "Preliminary Design Studies" illustrating a routing of the golf course and such alternates and revisions as the Golf Course Designer deems necessary. The routing shall show the location of tees, greens, fairway boundaries, centerlines and such other as the Golf Course Designer deems necessary or desirable. 2. Preliminary Budget Concept At or about the same time of presentation of the routing plan, Golf Course Designer shall prepare a preliminary budget concept utilizing design and budget parameters supplied by Owner or his consultants. This shall be based on Golf Course Designer's best judgement as a golf course design professional. When approved, these shall be utilized as a basis for designing within Owner's established budget, if applicable. 3. Feature Design Upon approval by Owner of a final routing plan, Golf Course Designer shall prepare design studies generally illustrating design intent for each proposed golf hole. 4. Golf Course Rendering On or about the completion of the preliminary phase, Golf Course Designer shall supply Owner with a color rendering of proposed golf course. C. Design Development Phase 1. Preliminary Construction Drawings Golf Course Designer shall prepare "Design Development Studies" as an intermediate step between preliminary planning and final construction documents. These may include limited preliminary construction drawings and outline specifications sufficient in detail, in the opinion of the Golf Course Designer, to reasonably ascertain actual scope of construction. 2. Statement of Probable Construction Cost The Golf Course Designer shall submit to the Owner a statement of the probable construction cost ("Statement of Probable Construction Cost") based on information obtained in the Design Development Studies. The Designer shall represent the Golf Course Designer's best judgement of the probable construction cost as a design professional. 3. Adjustment to Budget If necessary, Golf Course Designer shall, in conjunction with the Owner, and based on the information contained in the Design Development Studies, endeavor to make scope of work changes that will bring proposed work within acceptable budget range to Owner. It is recognized, however, that neither the Golf Course Designer nor the Owner has control over the cost of labor, materials, equipment or course accessories, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Golf Course Designer can not and does not warrant or represent that bids or negotiated prices will not vary from any Project budget which may have been proposed, established or approved by the Owner of from any Statement of Probable Construction Cost or other cost estimate or evaluation prepared by the Golf Course Designer. 1.2.2 Phase II — CONSTRUCION DOCUMENTS PHASE A. Preparation of Construction Documents Upon approval by the Owner of the Design Development Studies, 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 construction of the golf course 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 Plan, where applicable. 3. Grading Plan, including approximate quantities of earthmoving. 4. Drainage Plans, to be coordinated with engineer preparing master drainage plan, where applicable. 5. Irrigation Plan 6. Grassing Plan. 7. Green Details at a scale not less than 1" =40.0 feet. 8. Appropriate and Customary Construction Details. 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 adequate based on the type of vehicle or speeds at which vehicles are operated. 2. Conceptual Landscape Plan Golf Course Designer shall prepare, if applicable and necessary, strategic planting locations as shall affect play on the golf course. Golf Course Designer shall provide supervision of the actual landscape plan, supervision of the planting and the actual location and plant size and species will be performed by others designated by the Owner, the Golf Course Designer shall have the right of final approval. 3. Dam Concept Plans Golf Course Designer may prepare general conceptual plans for any dams to be located on the golf course for the purpose of providing guidelines as to golf course requirements such as tee, green, or other feature location. Final construction drawings shall be prepared by qualified engineer under Golf Course Designer's direction, with advice and consent of Golf Course Designer, and are not the responsibility of the Golf Course Designer. 1.2.3 PHASE III - BIDDING OR NEGOTIATION PHASE A. 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"). 1.2.4 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 upon substantial completion notification to contractor. Engineer's estimated time for construction completion on this project is 9 months or 270 Calendar Days; per contract documents. 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 2.7 and any amendments thereto. Final approved contract documents to be provided to the City in acceptable reproducible format(mylar) and in acceptable digital format(CAD/DWF). 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. 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. 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 that is 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. "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. 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. J. Obtaining Permits Obtaining permits or providing drawings or exhibits in specific format, will be obtained by sub-consultants to Golf Courses Designer. 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. ARTICLE 2 ADDITIONAL SERVICES OF GOLF COURSE DESIGNER The services listed below are not included in Subsections 1.2.4 A through J under the caption "Basic Services." If any Additional Services are requested by Owner, they shall be paid for by the Owner as hereinafter provided. 2.1 Special Studies Providing or assisting in the development of special studies including, but not limited to: a. Financial feasibility, market analysis, pro forma or other financial studies. b. Archaeological, historical, wetlands, wildlife, environmental impact or other environmental studies, reports or plans. C. Land planning. d. Engineering studies including hydrology, master drainage, traffic or other special analysis. e. Providing promotional material (other that customary renderings of golf course) including, but not limited to scale models, videos or brochures. 2.2 Site Selection Providing planning surveys, site evaluations or comparative studies of prospective sites. 2.3 Surveying Surveying or making measured drawings of existing construction when required for planning additions or alterations thereto. 2.5 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. Clubhouse, maintenance, shelter, or other structural plans 2.6 Changes to Plans Revising previously approved Drawings, Specifications or other documents to accomplish changes not initiated by the Golf Course Designer. 2.7 Alternate Bids Preparing documents for alternate bids requested by the Owner, other than those easily provided by elimination, clarification or modification of certain portions of the specifications or bid forms. 2.8 Consultation 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. 2.9 Consultation 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. 2.10 Services 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. 2.11 Drawings of Record Furnishing the Owner with a set of 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. 2.12 Court Testimony Providing services as a witness in connection with any public hearing, arbitration proceeding, or the proceedings of a court of record. 2.14 Orientation Services Providing re-orientation services in the event that Owner replaces his representative or key consultants during the course of the project. 2.15 Other Services Providing any other services not otherwise included under Basic Services in Subsections 1.2.4 A through I. 2.16 Contract Administration Providing Contract Administration Services or a Project Representative, unless otherwise stipulated by and agreed to by the Owner as an optional construction phase service. ATTACHMENT D TASK/HOUR BREAKDOWN Design Services for Rockwood Golf Course Renovation City Project No. 01199 Labor hours Ex nense Task No. Task Description Project Project CARD Administrative Total Labor Subconsultant Total Expense Task Sub Total Director one er Cost Travel Reproduction Cost Rate $200 $100 $50 $50 MWBE Non-MWBE 1.0 Proect Mana ement 10 Percent 74 79 0 127 29050 0 SO $0 $0 0 $29050 IA Mana i the Team 1 Internal Team Meetings 7 12 16 $3,400 0 $3400 1 QAIQC 7 10 14 $3,100 $0 $3100 102 Communications and Reporting 1 Pre-Des'n Coordination Meeting 5 8 10 $2,300 $0 $2300 (monthly,bi-monthly,monthly]Project 1 Update Meetings 9 10 16 $3.6DO $0 $3600 1 Design Submittal Review Meetings 11 7 15 $3,650 $0 $3,650 1 Pre re Baseline Schedule 8 10 16 3400 $0 3,400 Prepare Monthly Progress Reports with 1 Schedule 7 6 10 $2500 $0 $2500 1 Prepare Monthly MBE/SBE Reports 9 8 14 $3.300 $0 $3,300 1 Invoicing 11 8 16 $3800 $O $3800 260 Concept at Design Review 20 Percent) 60 68 94 16 $24,300 $0 $0 $0 SO SO $24,300 21 Routing Review&Approval 11 10 18 $4100 $0 $4100 22 Feature Review 8 Approval 15 12 24 $5,4110 $0 $5,4 23 Conceptual Drainage Des'n 71- 10 14 $3100 $0 $3100 2.4 Conceptual Path Layout 71 10 14 $3100 $0 $3.1 00 2.5 lConceptual Gradi 7 10 14 $3100 $0 $3100 2.6 Conce ual EsBmates 13 16 10 16 $5500 SO $5500 3.0 Preliminary Design 50 Percent 151 340 893 283 S123.000 f0 $0 $0 $0 f0 $123000 3.1 Grading Plan 23 56 160 $18,200 $0 $18200 3.2 Green Details 21 56 160 $17,800 $0 S17.800 33 Drainage Plans 21 40 145 $15450 $0 15450 3.4 Cart Path Plan 14 4 136 $10000 $0 10000 3.5 Grassing Plan 18 40 146 $1491)0 $0 $14900 3.6 Construction Details 18 48 146 515700 $0 $15700 3.7 Specifications 20 48 146 16100 SO $16100 3.8 Estimates 16 48 137 $14850 $0 $14850 4.0 Final Design 10 Percent 44 54 43 11 $16900 50 $0 $0 $0 $0 $16900 4.1 Final Construction Documents 16 18 25 6 $6.550 $0 $6550 4.2 Finals Specifications 11 12 16 4 $4400 $0 $4400 4.3 Project Coordination 15 22 $5,200 $0 $5,200 4.4 Final Estimate 2 2 2 1 $750 $0 $750 5.0 Bid Phase IS Percenf 33 42 0 51 $13350 $0 $0 $0 $O $0 $13350 51 Bid Support Sell Contract Documents and Maintain 5 Plan Holders List 7 9 13 $2950 $0 $2950 51 Issue Addenda 6 7 7 $2250 1 $0 $2250 51 Attend Pre-bid Conference 5 6 e_S2.000 1 $0 2 000 51 Attend Bid Opening 4 5 3 $1,450 SO $1.450. 51 Tabulate Bids and Recommend Award 7 8 12 $2,800 $0 $2,800 5 Issue Conformed Contract Documents 4 7 8 $1,900 $0 $1,900 Construction Observation Services(5 6.0 Percent) 28 38 0 56 $12400 SO 0 $0 $0 0 $12400 6.1 Construction Support 6 Attend Precenstruction Conference 4 5 7 $1,650 $0 $1650 6 Project Site Visits 171 19 1 33 S6.950i $0 $6,950 6 Submittal Review 2 4 4 $1.000 1 $0 $1,000 Request for Information/Change Order 6 Review 3 5 6 1400 SO $14D0 6 Final Walk Thro h and Punch List 3 5 6 $1,400 SO $1.001 7.0 Irrl ation Design 0 0 0 0 0 $61,700 $0 $0 $0 $61,T0 $61.7 71 0 $0 $O 7.2 $0 $0 $0 7.3 $0 $0 $0 800 Survey 0 0 0 0 0 $7.600 $0 $0 f0 $7,500 $7,500 801 Coordinate w/Contractor f0 $0 $0 802 Survey Tu ning Points 10 SO $O 8.3 SO $0 $0 9.0 Engineering 0 0 0 0 $0 $21600 $0 0 $0 $21.800 $21800 9.1 Flood Modeling $0 $0 $0 9.2 Quantity Calculations $0 $0 $0 9.3 Corps Coordination $0 $0 $0 9.4 Buz Saw Entries $0 $0 $0 95 $0 SO $0 9.6 $0 10 $0 9,7 $0 $0 $0 Totals 3911 6211 10301 544 $219,090 $91000 50 $0 $0 $91000 $310,000 Project Summa Total Hours 586 Total Labor 5219000 Total nse 591000 MBE/SBE SUbconsullant 529300 Non-MBE/SBE Subconsuttant E61 700 MBE/SBE PartiG Don 9.5% Total Proect Cost 5310,000 City of Fort Worth,Texas Attachment B-Level of Effort Supplement PMO Official Release Dale:8.09.2012 1 oft i -I&C Review Page 1 of 3 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDAv COUNCIL ACTION: Approved on 91912014 -Ordinance Nos. 21452-09-2014 &21453-09-2014 & 21454-09-2014 DATE: 9/912014 REFERENCE C-26970 LOG NAME: 80ROCKWOOD GC NO.: RENOVATION CODE: C TYPE: CONSENT HEARING: NO SUBJECT: Authorize Execution of Engineering Agreement with John C. Colligan d/b/a Colligan Golf Design, in the Amount of$310,000.00 for the Design and Preparation of Construction Documents for the Renovation of Rockwood Golf Course and Adopt Appropriation Ordinances to Transfer$1,700,000.00 in Unrestricted Gas Lease Revenue to the Project (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the Capital Projects Reserve Fund, Gas Lease Revenues, in the amount of$1,700,000.00 from available funds; 2. Authorize the transfer in the amount of$1,700,000.00 from the Capital Projects Reserve Fund, Gas Lease Revenues, to the Specially Funded Capital Project Fund; 3. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Project Fund in the amount of$1,700,000.00 from available funds; 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Golf Gas Lease Capital Project Fund in the amount of$310,448.34 for Rockwood Golf Course; and 5. Authorize the execution of an Engineering Agreement with John C. Colligan d/b/a Colligan Golf Design in the amount of$310,000.00 for the design and preparation of construction documents for renovation of all eighteen holes at Rockwood Golf Course. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an - Engineering Agreement with John C. Colligan d/b/a Colligan Golf Design (Colligan Golf Design), in the amount of$310,000.00 for the design and preparation of construction documents for renovation of all 18 holes at Rockwood Golf Course. On October 16, 2007, (M&C L-14411) the City Council authorized entering into a Lease Agreement for natural gas drilling under Rockwood Park. The total available acreage in Rockwood Park is 389.233 of which 239 acres is golf course. Less administrative and legal fees, the net transfer of gas well bonus revenues to the Golf Enterprise Fund total $1,423,594.00. Planning and Resource Management and the Golf Division staff along with a member of the citizen Golf Advisory Committee reviewed proposals from firms specializing in golf course master planning and selected Colligan Golf Design to provide such services for Rockwood Golf Course. On December 16, 2008, (M&C C-23246) the City Council authorized entering into a Professional Services Agreement with Colligan Golf Design to develop a Master Plan for Rockwood Golf Course. The master planning effort included a site assessment of existing natural resources and h+fr - r-Pizmat nrn/rrnmril rnar V,-f/mr acn9TT)=1 9942Rrnnnnc h1.gff-=9/9/2(114 9/1n/?,n14 M&C Review Page 2 0,L475 recommendations for a long term site plan with Staff and neighborhood input. The plan also identified environmental site improvements and operational costs. The Engineering Agreement with Colligan Golf Design is for$310,000.00 and the additional $448.43 appropriated is necessary to reconcile the funds unspecified account. On July 8, 2009, the Golf Advisory Committee endorsed the Rockwood Golf Course master plan. Subsequently on October 28, 2009, the Parks and Community Services Advisory Board (PACSAB) endorsed the Rockwood Golf Course master plan. An estimated project cost of$4,850,000.00 has been identified to upgrade course playability by reconfiguring tees, fairways and greens. In addition to the $310,000.00 in Golf Gas Lease Capital Project Funds and $1,700,000.00 in Capital Project Reserve funds, as transferred to the Specially Funded Capital Project Fund and appropriated by this M&C, the 2014 Bond Program also allocates the amount of$2,000,000.00 for construction. It is anticipated that additional Gas Well Revenues will be utilized to leverage these funds to pay for any remaining contract costs and administrative charges (ie. inspection, labs/material testing, etc.). This proposed expenditure is in compliance with the City Council approved policy for the expenditure of Gas Well Revenues. M/WBE OFFICE - Colligan Golf Design is in compliance with the City's BDE Ordinance by committing to 10 percent SBE participation. The City's SBE goal on this project is 10 percent. The project is located in COUNCIL DISTRICT 2 and serves the entire City. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Golf Gas Lease Capital Project Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 1) $1,700.000.00 51 $310,000.00 GC10 446200 006060001000 P243 531200 807490119930 1) $1,700,000.00 Q $1,700.000.00 GC10 538070 006060001000 GC10 538070 006060001000 2 0 $1,700,000.00 C291 472010 807490119980 4 $310,448.34 P243 446200 801929990100 4) $310,448.34 P243 541200 801929990100 3) $1,700,000.00 C291 541200 807490119980 Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Scott Penn (5750) ATTACHMENTS 80ROCKWOOD GC RENOVATION CPRF AO 2014.docx ,� .�� r� nom,>r + .� n„r ;� vo+�� ,o<„o„r�or.7TTl=1 QQd7Rrr nnnrilrla+a=Q/q/7n14 o/,inmi4 11✓I1�C Review Page 3 of 3 80ROCKWOOD GC RENOVATION GGLCPF AO 2014(Rev8.27.14).docx 80ROCKWOOD GC RENOVATION SFCPF AO 2014.docx http://apps.cfwnet.org/council 9/30/2014