HomeMy WebLinkAboutContract 47217 fW)
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality
(the "CITY"), and Kimley-Horn and Associates, Inc., authorized to do business in Texas, an
independent contractor ("Consultant"), for a PROJECT generally described as: McLeland
Tennis Center and Rosemont Park.
Article
Scope of Services
(1) Consultant hereby agrees to perform as an independent contractor the services set
forth in the Scope of Services attached hereto as Attachment "A". These services
shall be performed in connection with McLeland Tennis Center and Rosemont Park.
(2) Additional services, if any, will be requested in writing by the City. City shall not pay
for any work performed by Consultant or its subconsultants, subcontractors and/or
suppliers that has not been ordered in writing. It is specifically agreed that
Consultant shall not be compensated for any alleged additional work resulting from
oral orders of any person.
Article II
Compensation
Consultant shall be compensated in accordance with the Fee Schedule shown in
Attachment "B". Payment shall be considered full compensation for all labor, materials,
supplies, and equipment necessary to complete the services described in Attachment "A".
However the total fee paid by the City shall not exceed a total of $93,700.00 unless the
City and the Consultant mutually agree upon a fee amount for additional services and
amend this Agreement accordingly.
The Consultant shall provide monthly invoices to the City. Payment for services rendered
shall be due within thirty (30) days of the uncontested performance of the particular
services so ordered and receipt by City of Consultant's invoice for payment of same.
Acceptance by Consultant of said payment shall operate as and shall release the City from
all claims or liabilities under this Agreement for anything related to, done, or furnished in
connection with the services for which payment is made, including any act or omission of
the City in connection with such services.
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City of Fort Worth,Texas ly' ti P �
Standard Agreement for Professional Services
Revision Date:9/24/2014 %00K11 K, 4 u ( l
Page 1 of 8
Article 111
Term
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 435
days, beginning upon the date of its execution, or until the completion of the subject matter
contemplated herein, whichever occurs first.
Article IV
Independent Contractor
Consultant shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Consultant shall have exclusive control of and the
exclusive right to control the details of its work to be performed hereunder and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
agents, employees, contractors and subcontractors. The doctrine of respondent superior
shall not apply as between City and Consultant, its officers, agents, employees, contractors,
and subcontractors, and nothing herein shall be construed as creating a partnership or joint
venture between City and Consultant.
Article V
Professional Competence and Indemnification
(1) Work performed by Consultant shall comply in all aspects with all applicable local,
state and federal laws and with all applicable rules and regulations promulgated by
the local, state and national boards, bureaus and agencies. Approval by the City
shall not constitute or be deemed to be a release of the responsibility and liability of
Consultant or its officers, agents, employees, contractors and subcontractors for the
accuracy and competency of its services performed hereunder.
(2) In accordance with Texas Local Government Code Section 271.904, the
Consultant shall indemnify, hold harmless, and defend the City against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the Consultant or Consultant's agent,
consultant under contract, or another entity over which the Consultant's
exercises control.
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:9/24/2014
Page 2 of 8
Article VI
Insurance
(1) Consultant shall not commence work under this Agreement until it has obtained all
insurance required under this Article and the City has approved such insurance, nor
shall Consultant allow any subcontractor to commence work on its subcontract until
all similar insurance of the subcontractor has been so obtained and approval given
by the City; provided, however, Consultant may elect to add any subconsultant as
an additional insured under its liability policies.
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of
coverage if written on a split limits basis). Coverage shall be
on any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Consultant's worker's
compensation insurance policy, the City, its officers, employees and servants shall
be endorsed as an additional insured on Consultant's insurance policies.
b. Certificates of insurance shall be delivered to the Park and Recreation
Department, Attention: Thomas J. Alves, 4200 South Freeway, Suite 2200, Fort
Worth, TX 76115-1499, prior to commencement of work.
c. Any failure on part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty days
notice of cancellation, non-renewal, and/or material change in policy terms or
coverage. A ten days notice shall be acceptable in the event of non-payment of
premium.
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:9/24/2014
Page 3 of 8
e. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
f. Other than worker's compensation insurance, in lieu of traditional insurance, City
may consider alternative coverage or risk treatment measures through insurance
pools or risk retention groups. The City must approve in writing any alternative
coverage.
g. Workers' compensation insurance policy(s) covering employees employed on the
Project shall be endorsed with a waiver of subrogation providing rights of recovery
in favor of the City.
h. City shall not be responsible for the direct payment of insurance premium costs
for Consultant's insurance.
i. Consultant's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
j. In the course of the Agreement, Consultant shall report, in a timely manner, to
City's officially designated contract administrator any known loss occurrence which
could give rise to a liability claim or lawsuit or which could result in a property loss.
k. Consultant's liability shall not be limited to the specified amounts of insurance
required herein.
I. Upon the request of City, Consultant shall provide complete copies of all
insurance policies required by these Agreement documents.
Article VII
Transfer or Assignment
City and Consultant each bind themselves, and their lawful successors and assigns, to this
Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer
any interest in this Agreement without prior written consent of the City.
Article VIII
Termination of Contract
(1) City may terminate this Agreement for its convenience on 30 days' written notice.
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:9/24/2014
Page 4 of 8
Either the City or the Consultant for cause may terminate this Agreement if either
Party fails substantially to perform through no fault of the other and does not
commence correction of such nonperformance with 5 days of written notice and
diligently complete the correction thereafter
(2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of
termination, Consultant shall discontinue services rendered up to the date of such
termination and City shall compensate Consultant based upon calculations in Article
2 of this Agreement and Exhibit "B" attached hereto and incorporated herein.
(3) All reports, whether partial or complete, prepared under this Agreement, including
any original drawings or documents, whether furnished by the City, its officers,
agents, employees, consultants, or contractors, or prepared by Consultant, shall be
or become the property of the City, and shall be furnished to the City prior to or at
the time such services are completed, or upon termination or expiration of this
Agreement.
Article IX
Right to Audit
(1) Consultant agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Consultant involving transactions
relating to this Agreement. Consultant agrees that the City shall have access during
normal working hours to all necessary facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of
this section. City shall give Consultant reasonable advance notice of intended audits.
(2) Consultant further agrees to include in all its subcontracts hereunder, a provision to
the effect that the subcontracting consultant agrees that the City shall, until the
expiration of three (3) years after final payment under the subcontract, have access
to and the right to examine any directly pertinent books, documents, papers and
records of such sub-consultant, involving transactions to the subcontract, and
further, that City shall have access during normal working hours to all sub-
consultant facilities, and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this article. City shall
give Consultant and any sub-consultant reasonable advance notice of intended
audit.
(3) Consultant and sub-consultants agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Consultant for the cost of copies
at the rate published in the Texas Administrative Code in effect as of the time copying
is performed.
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:9/24/2014
Page 5 of 8
Article X
Minority Business and Small Business Enterprise (MBE) (SBE) Participation
In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011,
as amended, the City has goals for the participation of minority business enterprises and/or
small business enterprises in City contracts. Consultant acknowledges the MBE and SBE
goals established for this Agreement and its accepted written commitment to MBE and SBE
participation. Any misrepresentation of facts (other than a negligent misrepresentation)
and/or the commission of fraud by the Consultant may result in the termination of this
Agreement and debarment from participating in City contracts for a period of time of not less
than three (3) years.
Article XI
Observe and Comply
Consultant shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance
thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City
and all of its officers, agents and employees from and against all claims or liability arising out
of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its
employees.
Article XII
Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of Texas
— Fort Worth Division. This Agreement shall be construed in accordance with the laws of
the State of Texas.
Article XIII
Contract Construction
The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:9/24/2014
Page 6 of 8
and revised this Agreement and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
Article XIV
Severability
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof to
any person or circumstance shall ever be held by any court of competent jurisdiction to be
invalid or unconstitutional for any reason, the remainder of this Agreement and the
application of such word, phrase, clause, sentence, paragraph, section, or other part of this
Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion had never been
contained therein.
Article XV
Notices
Notices to be provided hereunder shall be sufficient if forwarded to the other Party by
hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage
prepaid, to the address of the other Party shown below:
City of Fort Worth
Attn: Park and Recreation Department
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115-1499
Consultant:
Kimley-Horn and Associates Inc.
Attn: John A. Fielder
2201 West Royal Lane, Suite 275
Irving, TX 75063
Article XVI
Headings
The headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement.
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:9/24/2014
Page 7 of 8
Article XVII
Counterparts
This Agreement may be executed in one or more counterparts and each counterpart shall,
for all purposes, be deemed an original, but all such counterparts shall together constitute
but one and the same instrument.
Executed and effective this the `,day oo� 20
BY: BY:
CITY OF FORT WORTH ENGINEER
Kimley-Horn and Associates, Inc.
Su n Alanis Z. Smith"
As istant Eric City Manager Assistant Secretary
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Date: Date:
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APPROVAL RECOMMENDED:
By:
R chard Zavala
Ihrector, Park & Recreation Department
APPROVED AS TO FORM AND LEGALITY M&C No.:
By: M&C Date:
ouglas W. Black
Assistant City Attorney
ATTEST:
Mary J. A
City Secre ary
i
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:9/24/2014
Page 8 of 8
Kimley))) Horn
Attachment ""A"
SCOPE OF SERVICES
City of Fart Worth, TX—CO2472 cLeland Tennis Center and CO2474 Rosen7ont Park
Fero°eon n erstangih
Kimley-Horn and Associates, Inc. (Professional) understands that the City of Fort Worth, Texas
(City) intends to prepare park improvements, construction documents, advertise for bids, and
provide construction phase services for CO2472 McLeland Tennis Center and CO2474 Rosemont
Park (Project.)
The amenities for the park improvements shall be finalized through coordination with City staff,
the citizen's advisory committee, and the Tennis Center Committee, and may consist of expanded
parking areas; concrete walking trails;fencing; tennis courts; site amenities TBD (shade, benches,
bleachers, drinking fountains, walks); lighting and electrical (limited due to budget constraints),
grass/lawn areas, irrigation; and one (1) pavilion. The Professional will provide construction
documents for the planned improvements, which are limited to the project construction budget of
$440,000 for CO2472 McLeland Tennis Center, and $229,600 for CO2474 Rosemont Park, as
established by the City of Fort Worth for the Project for a total construction budget limited to
$669,600.
The Construction Documents for the Project will be included in one (1) set of plans and
specifications, and the Professional will prepare separate bid forms for CO2472 McLeland Tennis
Center and CO2474 Rosemont Park.
City Responsibilities
The Professional understands that the City will provide the following information, on which it may
rely, for its use in completing this Scope of Services:
1) Any existing Final Plat or Boundary information of the site.
2) Any City of Fort Worth design requirements or standards applicable to the project.
3) Any existing plans and specifications of the park and recreation center; City standards or
examples for picnic pavilions, benches, lights, irrigation, and play areas; existing utility
locations, or other existing park improvements, within or adjacent to the site.
Basic Services
Task I —Topographic Survey
The Professional will prepare an exhibit using the existing park aerial photographs for the surveyor
and initiate the topographic survey required for the project.
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The Professional will provide a topographic survey for area of the proposed park improvements
for CO2472 McLeland Tennis Center and CO2474 Rosemont Park, through the use of a sub-
consultant. The topographic survey will include locating and tying to boundary the existing
features such as water valves, water meters, curb&gutter, asphalt, sidewalks, fences, driveways,
existing tennis courts, existing buildings and structures, storm and sanitary sewer manholes,
inlets, storm drain outfalls, trees 4" and larger, tops and toes of slope, power poles, mailboxes,
signs, telephone risers and any other visible features, spot elevations on a 100 foot grid, and
location of underground utilities flagged by others (only if flagged prior to initial field work), for
specified areas up to 5.5 acres. Boundary retracement and review of easements based on plats
and deeds of subject property and adjoining parcels and easements shall be provided by the City
prior to field work. Deliverables for this task will include the following:
• Digital file in dwg (Autocad) format containing features located, boundary/right-of-
way/easement lines along with one foot contours and TIN. Other deliverables will include
copies of field notes and drawings, an asci point file and LandXML file.
This task includes survey field crew time to set final boundary corners one time only. The following
items are excluded the following items from this scope: preparation of deeds and easement
abstracts, preparation of any off-site easements, ALTA survey, Subsurface Utility Engineering
(SUE), additional field work and return trips, and additional survey beyond the 5.5 acre site area.
These items have been excluded from this scope, but may be provided as an Additional Service,
upon written request from the City.
Task II — Geotechnical Investigation
The Professional will prepare an exhibit using the existing park aerial photographs for the geo-
technical engineer and initiate the geotechnical investigations required for the project.
The Professional will engage an independent testing firm to provide borings and geo-technical
engineering services report for the park site. This task will consist of providing six (6) borings
extending to a depth of up to thirty (30) feet, or ten (10) feet into bedrock. The report will provide
recommendations for required soil modification and concrete slab and footing design.
Deliverables for this task will include the following:
• Digital (PDF) and one (1) printed (8.5x11) updated Geotechnical Report.
Excluded from this scope area additional borings and additional depth beyond thirty (30) feet, but
these may be provided as an Additional Service, upon written request from the City.
Task III — Schematic Design
Following approval of the proposed park improvements for CO2472 McLeland Tennis Center and
as directed by the City, for CO2474 Rosemont Park, the Professional will prepare Schematic
Design Plans for the Project. The plan set will be approximately 30% complete, and will include
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existing conditions and removal items, preliminary site layout, preliminary grading, and
identification of site details. The Schematic Design phase will consist of the following deliverables:
A) Schematic Design Plans (30% Construction Documents) in digital (PDF) format. The
following plans will be included in the set: removal items, preliminary layout, preliminary
grading, preliminary utility design, and identification of site details.
B) Provide an updated Opinions of Probable Cost (OPC) for the Project improvements based
upon the 30% construction documents.
Meetings: One (1) desipirn review rneeting wMth one representative of the Professional, arid a. r e
(1) put:He rneeflng with one representative of the lDrofessuonal.
Task IV Design Development Documents
The Professional will develop Design Development plans for the Project, illustrating the proposed
features, general scope, scale, and relationship of design components and submit them to the
City for review. These documents will be approximately 60% complete and will include detail for
City code review and preliminary pricing, but will not include detail suitable for construction. The
Design Development Document phase will consist of the following tasks:
A) Preparation of 60% complete construction plans and specifications for the park
improvements approved in Task II.
B) Provide an updated Opinions of Probable Cost (OPC) based upon the 60% construction
documents.
C) Meet with City representatives to review the 60% construction documents.
D) Finalize the 60% construction documents to reflect changes and comments determined
by consensus at one (1) meeting with City representatives.
These documents are intended to aid the design, planning, and programming of the project and
the Professional will provide an opinion of probable cost (OPC) for the proposed
improvements. Because the Professional does not control the cost of labor, materials, equipment
or services furnished by others, methods of determining prices, or competitive bidding or market
conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs
of construction and materials, will be made on the basis of its experience and represent its
judgment as an experienced and qualified professional, familiar with the industry. The
Professional cannot and does not guarantee that proposals, bids or actual costs will not vary from
its opinions of cost. Deliverables for this task include the following:
A) Design Development Plans (60% Construction Documents) in digital (PDF) format. The
following plans will be included in the set: removal items, layout, grading, storm sewer and
drainage areas, water connections, erosion control, grassing, irrigation, and site details.
B) Project Manual with Preliminary Technical Specifications and Front End Documents (as
provided by the City), in digital (PDF) format.
After submittal to the City, the Professional shall respond to one (1) round of ordinary and
reasonable, simultaneous revisions based on review comments from the City. This task does not
include revisions necessitated by significant site layout changes directed by the City or its
representatives. Subsequent modifications resulting from significant site layout changes or
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Kimley* Horn
additional review comments directed by the City or its representatives will be considered an
Additional Service.
q" eet ngsm One (t) meeting with one representatilve of the Protessioinai.
Task V Construction Documents
Following the approval/acceptance of the Design Development Plans, the Professional will
prepare construction documents for Project. The Construction Documents phase will consist of
the following tasks:
A) Preparation of 100% complete construction plans and specifications for the tennis center
improvements approved in Task II.
B) Provide an updated opinion of probable cost (OPC) based upon the 100% construction
documents.
C) Finalize the 100% construction documents to reflect changes and comments determined
by consensus at a meeting with City representatives.
It is anticipated that the following sheets will comprise the Construction Documents Package:
A. Cover Sheet
The Professional will submit one (1) full size (22x34) original mylar cover sheet to
be routed for City Staff signatures.
B. Existing Conditions and Removal Items (2 to 3 Sheets)
The Professional will prepare Existing Conditions and Removal Plans, using the
information gathered from the initial site visit and topographic survey. The plan will
include items of work identified for performance by either the City or the Contractor.
C. Site Layout Plan (2 to 3 Sheets)
The Professional will provide a Site Layout Plan that will include jointing and detail
key, with work/bid items identified, and detail references and notes for the
proposed site improvements.
D. Grading Plan (2 to 3 Sheets)
The Professional will prepare plans illustrating fine grading for the tennis center
improvements site. These plans will show existing and proposed contours,
pavement grades, spot elevations at critical points, and identification of the
proposed erosion control measures.
E. Utility Plan and Details (3 Sheets)
The Professional will prepare plans illustrating City water service for one (1)
irrigation system, City service for drinking fountains. Sanitary sewer service and
underground storm drainage systems are not anticipated for this project, and have
been excluded from this scope of services. The Professional assumes the City will
provide a take point location for water service that is adjacent to the site, and has
adequate pressure for the proposed irrigation system. The Professional has
excluded design for water line extensions for water service.
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F. Erosion Control Plan and Details (3 to 4 Sheets)
The Professional will prepare plans illustrating erosion control measures to be
provided for the site. City standard details will be referenced where applicable.
G. Site Details (Up to 4 Sheets)
The Professional will prepare detail sheets showing site, hardscape and landscape
elements identified in the Design Development package. City standard details will
be referenced where applicable.
H. Structural Details (Up to 3 Sheets)
The Professional will prepare structural details for up to two (2) proposed tennis
court slab, shade structures, and retaining wall. Any additional structural design
can be provided as an Additional Service.
I. Planting Plan and Details (3 to 4 Sheets)
The Professional will prepare construction documents for landscape development.
These plans will depict the location, quantity, and size of City-approved plant
species and equipment. In addition, this set of drawings will include proposed
details, general notes and specifications adequate for bidding and construction.
J. Irrigation Plan and Details (3 to 4 Sheets)
The Professional will prepare an Irrigation Plan and details for the neighborhood
park. The Irrigation Plan will be prepared in accordance with current published City
of Fort Worth and Texas Commission on Environmental Quality(TCEQ) standards.
In addition, the Irrigation Plan will be prepared based on the City approved Design
Development Landscape Plan. The City will provide the Professional with any
design requirements and/or recommendations prior to commencement of
preparation of the Irrigation Plan. The Professional assumes the City will provide
a take point location for water service that is adjacent to the site, and with adequate
pressure for the proposed irrigation system. The Professional has excluded design
for water line extensions for irrigation service, and design of booster pumps.
K. Site Lighting and Electrical Plans (4 to 5 Sheets)
The Professional will prepare, through the use of a subconsultant, plans and
details for the electrical service and lighting for site, proposed tennis courts, and
parking lot lighting, and one (1) irrigation controller. The Professional assumes the
City will provide a take point location for electrical service that is adjacent to the
site, and has adequate power for the proposed improvements. The Professional
has excluded design for electrical service extensions to the site.
L. Project Manual
The Professional will prepare a project manual that will consist of technical
specifications and the City's front-end master contract documents.
M. Opinion of Probable Cost (OPC)
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The Professional will prepare an [)pinion of Probable Costs k]PC\' tob8submitted
81 each phase of design.
N. Printing
The Professional will provide digital (P[)F) COpi8S of the p/8nG, specifications, and
project 08DU8| at 95% CO0p|HUOO and 100% CO0p|8tiOD. p|aDS will be Up|08d8d
to the City's BUzzS8w portal, and no printed copies will be provided.
MeefiOgs� Two (2) rneefings wlth one n8pnesentad�Ve of the PmOfes@iona�.
Task VI Bidding Phase Services
The Professional will provide assistance during the bidding phase, including responding to
quaabOna from bidders, 8tt8Dd8DC8 at pre-bid meeting, and preparation of project addenda will
be provided in this scope. Due tothe nature of uDhDOvvD Ci[Cu[DGt8nC8G during the bidding phase,
the scope is limited tO the following items:
A) Prepare the advertisement for bids and bid documents.
B\ AoaiotonoR with DOUfiC81iOn of general contractors.
C) Attend 8 pre-bid meeting approximately, one week prior to the bid opening date to review
the project with p[UGp8CbVe bidders.
O) Answer questions from Bidders and prepare addenda as n8C8GGory.
E) Provide bid t8bu|8dOn8 and Letter of Recommendation. (A summary of the bid Gn8|yGiG
will be provided to the Professional for use in Sa|8CUOD and award of the construction
contract.)
Meetings- One (1) meeting YVitione repre@entathte of the Profess�ona|.
lFaskYy|| Accessibility Review
FO||OVYiDg CODlp)8U0D Of the CDOGt[UCti0O OOCVOO8OtS' the PK}f8SSiODa| will COO[diD8t8 with 8
Registered Accessibility Specialist (RAS) for the pu[pOG8S Of reviewing the plans for the Project,
for conformance with the Texas Accessibility Standards (TAS). The Professional will use
ACC8G8ib|e Solutions (Texas ACCgGGib|8. LLC) for the T[}L0 required p|8O review and project
inspection. The Professional will coordinate with the RAG for project registration with the Texas
Department of Licensing and Regulation (TDLR)' and project inspection, upon completion of
CODSt[UCtiOD. The Professional will prepare plans iD g8O8[8| conformance with TAS' and will Dl8k8
one (1) round Of revisions to the plans based on COnDO0eDtG received from the RAG. Inspection
and registration f88a fo[TDLR are included in this f88.
Task VUlU Construction Phase Services
The Professional will provide limited construction phase oen/iCo8 for the civil engineering and
|8ndGC8p8 architecture portions of the project, as directed by the City. The Professional will
provide the following construction phase Gen/iC8G:
A) Review and response for shop d[8vviOOG and submittals for Up to txxR|v8 (12) product
submittals, as submitted by the CODt[8CtO[. PrOf8SGiOn8| will review and approve or take
other appropriate 8CUOO in respect t0 Shop Drawings and @o0p|8S and other data vvh/Ch
CODt[8CtO[is F8qUi[8d to GUb0it, but only for conformance with the iDfO[0ad0O given in the
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Contract Documents. Such review and approvals or other action will not extend to means,
methods, techniques, equipment choice and usage, sequences, schedules, or procedures
of construction or to related safety precautions and programs.
B) Review and respond to up to ten (10) Requests for Information (RFI) as submitted by the
contractor. Professional will respond to reasonable and appropriate Contractor requests
for information and issue necessary clarifications and interpretations of the Contract
Documents to City as appropriate to the orderly completion of Contractor's work. Any
orders authorizing variations from the Contract Documents will be made by City.
C) Attendance at one (1) pre-construction meeting.
D) Site Observations to review and observe construction progress at approximately 40%
completion and 70%completion. Such visits and observations by the Professional are not
intended to be exhaustive or to extend to every aspect of Contractor's work in progress.
The Professional anticipates two site visits will be performed throughout site construction.
Observations are to be limited to landscape and hardscape review, spot checking,
selective measurement, and similar methods of general observation of the Work based on
the Professional's exercise of professional judgment. Based on information obtained
during such visits and such observations, the Professional will evaluate whether
Contractor's work is generally proceeding in accordance with the Contract Documents,
and the Professional will keep City informed of the general progress of the Work.
E) Attendance at one (1) final site walk through and preparation of punch list. Professional will
conduct a final site visit to determine if the completed Work of Contractor is generally in
accordance with the Contract Documents and the final punch list. Professional shall also
provide a notice that the Work is generally in accordance with the Contract Documents to
the best of Professional's knowledge, information, and belief based on the extent of its
services and based upon information provided to Professional upon which it is entitled to
rely.
F) The Professional will review the record drawings prepared by the Contractor and make
changes recorded by the Contractor to the Final Construction Documents. The Record
Drawing set will be prepared and submitted to the City.
r,�efings� UptO fOLH' ( ;( meetings with one representafive of fl'ie Pirrofessiionall.
The Professional shall have no responsibility for any contractor's means, methods, techniques,
equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall
the Professional have any authority or responsibility to stop or direct the work of any contractor.
The Professional's visits will be for the purpose of endeavoring to provide the City a greater
degree of confidence that the completed work of its contractors will generally conform to the
construction documents prepared by the professional. The Professional neither guarantees the
performance of contractors, nor assumes responsibility for any contractor's failure to perform its
work in accordance with the contract documents.
Limitation of Responsibilities: The Professional shall not be responsible for the acts or omissions
of any Contractor, or of any of its subcontractors, suppliers, or of any other individual or entity
performing or furnishing the Work. The Professional shall not have the authority or responsibility
to stop the work of any Contractor. The Professional is not responsible for any duties assigned to
the design professional in any construction contract that are not expressly provided for in this
Agreement or scope of services.
OEMf ilf {`'419p":.is
* Horn
Additional construction phase services may be provided as requested by the City. Effort beyond
the items noted above will be provided only upon written authorization by the City, and will be
provided as an Additional Service.
pecial er°vices
The Professional will provide the following special additional services as set forth below:
Task A— CO2472 McLeland Tennis Center Phased Conceptual Master Plan
The Professional will utilize the park aerial photographs, survey, and geo-technical report to
prepare a phased master plan of the proposed improvements for CO2472 McLeland Tennis
Center. The Professional will prepare a comprehensive site master plan illustrating the phased
upgrades for the facility, and projected opinion of probable costs associated with the
recommended improvements.
Meetings/Trip One
The Professional will attend an initial meeting with the City staff, to review the survey and geo-
technical information and present an initial long range conceptual master plan and phase one
recommendations based upon the initial design program and overall project budget of $440,000.
The Professional will document City comments and prepare a revised conceptual master plan
and opinion of probable cost for the phased improvements.
Meetings/Trip Two
The master plan, in the form of a colored exhibit with photographs of the selected features, opinion
of probable costs, and any phasing considerations, will then be presented at one user group
meeting to receive final comments and approval prior to beginning the construction documents.
eefings Two (2) Mee ings, with one represea taflve of ti-Ie ProfessionaL
Task IS — Accessibility Review
The Professional will utilize a sub-consultant that is a Registered Accessibility Specialist (RAS)
for the purposes of reviewing the existing site conditions at the existing tennis facility, and
identifying feasible improvements for the Phase I development and future phased development
at tennis center. The recommendations for future phased improvements will be noted in the
Phased Conceptual Master Plan, and the recommendations for the Phase I improvements will be
incorporated into the Construction Documents for the CO2472 McLeland Tennis Center.
Exclusions
Any items requested by the City that are not detailed in the above scope are excluded from
this Agreement and may be provided only if requested and authorized in writing by the City.
ME 111111M JJJJI!J
Kimley))) Horn
The Professional can provide the following services, but they are not included in the limited scope
detailed above:
Franchise Utility Coordination
Traffic Impact Studies or Signal Design
Preparation of Traffic control plans
Revisions due to changes in regulations
Coordination and/or revisions due to any Grant Funding Requirements
Revisions to CD's after design approval other than clarifications
Revision to CD's to Reduce Cost after Bidding
Archaeological Survey
Additional survey and Subsurface Utility Engineering (SUE)
Additional meetings
ALTA Land Title Survey and Platting
Preparation of Record Drawings
Wetlands Permitting / Delineation
Environmental Impact Statement
Environmental Permitting
SWPPP Plan Manual /Submissions
Time Extensions in excess of six months, during design and construction phases
3D Renderings and Fly-Through Videos
Submittal, Permitting Fees, or Impact Fees
Separate Engineering Site Development Review Process Sets and Submittals
Construction Staking
Off-Site Drainage and Utility Design
Off-Site Roadway Design
Off-Site Easement Descriptions
Contractor Type Detailed Estimates (As Prepared by Estimating Service)
Record Drawing Survey and Record Drawings
Preparation of Preliminary or Final Plat
Environmental Impact Statement
Storm Drainage Studies and Detention/Retention Pond Design
Signage Design of Any Kind
HVAC/MEP Design Services of Any Kind
U.S. Army Corps of Engineers Coordination and Permitting
Sanitary Sewer Design Services of Any Kind
Park and Trail design outside of project limits
Additional Construction Phase Services
Additional work due to increase in project cost and scope over$440,000 construction cost
for CO2472 McLeland Tennis Center
Additional work due to increase in project cost and scope over$229,600 construction cost
for Co2474 Rosemont Park
Schedule for Renderinq Services
The Professional has prepared an initial project schedule for the performance of services (See
Project Schedule - Attachment "C".) This schedule includes reasonable allowances for review
and approval times required by the City, performance of services by City's consultants, and review
*Horn
and approval times required by public authorities having jurisdiction over the Project. This
schedule shall be equitably adjusted as the Project progresses, allowing for changes in scope,
character or size of the Project requested by the City, or for delays or other causes beyond the
Professional's reasonable control.
Fee and jqn�Lq
The Professional will perform the services described in the Scope of Services for the Lump Sum
Fee amounts shown in `Professional Fees' (See Attachment "B").
Tasks designated below will be billed on a percent complete basis. All permitting, application, and
similar project fees will be paid directly by the City.
Fees and times stated are valid for one hundred ninety (90) days.
i„r vii F.z
KimlepMorn
Attachment "B"
FEE SCHEDULE
City of Fort Worth, TX—CO2472 McLeland Tennis Center and CO2474 Rosemont Park
Basic Services
Task I Topographic Survey $10,690
Task II Geotechnical Investigation $8,410
Task III Schematic Design $7,925
Task IV Design Development Documents $14,625
Task V Construction Documents $24,895
Task VI Bidding Phase Services $3,525
Task VII Accessibility Review $2,220
Task VIII Construction Phase Services $7,590
Basic Services Lump Sum Fee (Total Project) $79,880
CO2472 McLeland Tennis Center Lump Sum Fee $52,680
CO2474 Rosemont Park Lump Sum Fee $27,200
Special Services
Task A CO2472 McLeland Tennis Center Master Plan $12,200
Task B Accessibility Review $1,620
Total Special Services $13,820
Total Project Lump Sum Fee (Basic & Special Services) $93,700
M/WBE Information
Gorrondona&Associates, Inc.
Point of Contact Mailing Address Email Address Phone SBE Fee
Richard Kennedy, 7524 Jack Newell RKennedy @ga-inc.net 817-496-1424 $7,900.00
R.P.L.S. Blvd, South
Fort Worth, TX 76118
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Kimley* Horn
Attachment "'C""
TENTATIVE PROJECT SCHEDULE
City of Fort Worth, T -CO2472 McLeland Tennis Center and 002474 Rosemont Park
TBD 2015 Signed Contract and Notice to Proceed to Professional
45 Days Task A (Phased Conceptual Master Plan — Special Services)
30 Days Task I and Task II (Survey and Geo-Technical)
30 Days Task III (Schematic Design)
30 Days Task IV (Design Development)
60 Days Task V and Task VI (Construction Documents)
30 Days Task VII (Bidding Phase)
30 Days Signed Contract and Notice to Proceed to Contractor
180 Days Task VIII (Construction Phase)
Times for performance shall be extended as necessary for delays or suspensions due to circumstances
that the Professional does not control.
B4�yiY
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Kimley)))Horn
Attachment "'D"'
LOCATION MAPs
City of Fort Worth, T ®CO2472 McLeland °°enni Center and 002474 Rosemont Park
CO2472 McLeland Tennis Center
Location Map
McLeland Tennis Center
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CO2474 Rosemont Park
Location Map
Rosemont Park
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11/3/2015 M&C Review
FfRT WORTI I
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 11/3/2015
DATE: 11/3/2015REFERENCE,,C-27519 LOG 80MCLELAND TENNIS CENTER AND
NO.: NAME: ROSEMONT PARK IMPROVEMENTS
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Engineering Services Contract with Kimley-Horn and
Associates, Inc., in the Amount of$93,700.00 for the Design of Park Improvements at
McLeland Tennis Center and Rosemont Park and Provide for Design Phase Administrative
Costs in the Amount of$14,200.00 for a Total Anticipated Project Design Phase Cost of
$107,900.00 (2014 BOND PROGRAM) (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an engineering services contract with
Kimley-Horn and Associates, Inc., in the amount of$93,700.00 for the design of park improvements at
McLeland Tennis Center and Rosemont Park.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an
engineering services contract with Kimely-Horn and Associates, Inc., in the amount of$93,700.00 for
the design of park improvements at McLeland Tennis Center and Rosemont Park. Project scope will
include design of accessibility and paving improvements at McLeland Tennis Center and park
improvements at Rosemont Park.
McLeland
Tennis Center Rosemont Park
(CO2472) (CO2474) Total
_u.....,,.
Engineering and
(Kimley-Horn, Inc.)Design $66,500.00 $27,200.00 $93,700.00.,
Project Management,
Reprographics, Bid
Advertisement $7,500.00 $6,700.00 $14,200.00
Design Phase Total $74,000.00 $33,900 00 $107,900 00
,..�,....., r sn�,,,.,.m -_r���e_oe��. :,,,,,,,,,,,,,,,,
Proposed Construction
Contract $440,000.00 $229,600.00 $669,600.00
Proposed Inspection,���
Testing, Contingencies,
etc. $36,000.00 $23,500.00 """"'--[$59,'500.00
_.W...ma.�.p.7a...__.___ _w.m__a,_._ ..r._.
Proposed Construction
Phase Total $476,000.00 $253,100.00 $729,100.00
Project Total �_ a..,,r.,...1 $550,000.00�w� �� $287,000.00 -pNP @yn .��m$837,000.00. tl �
http://apps.cfwnet.org/council_packettmc_review.asp?ID=21535&counciI date=11/3/2015 1/3
11/3/2015 M&C Review
Project Funding is described in the table below:
McLeland Tennis Center Rosemont Park
Park (CO2472) (CO2474
Fot
Iunding
r 01 CIP $550,000.00 $287,000.00 $837,000.00
4)
The 2014 Bond Program allocated the amount of$550,000.00 for the McLeland Tennis Center for
facility modifications to improve accessibility and other site improvements.
The 2014 Bond Program allocated the amount of$287,000.00 for Rosemont Park for the renovation of
the existing parking areas, additional security lighting and the construction of an accessible group
pavilion with ancillary amenities.
The McLeland Tennis Center and Rosemont Park projects are included in the 2014 Bond Program.
Available resources within the General Fund will be used to provide interim financing until debt is
issued. Once debt associated with this project is sold, bond proceeds will reimburse the General Fund
in accordance with the statement expressing official intent to reimburse that was adopted as part of the
ordinance canvassing the bond election (Ordinance 21241-05-2014).
M/WBE OFFICE - Kimely-Horn and Associates Inc., is in compliance with the City's BDE by committing
to eight percent SBE participation. The City's SBE goal for this project is eight percent.
McLeland Tennis Center and Rosemont Park are located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that appropriations are included in the Fiscal
Year 2016 Adopted Budget of the 2014 Bond Program pursuant to Ordinance No. 21457-09-2014 and
funds are available in the General Fund to pay expenses which will be incurred on the McLeland Tennis
Center and Rosemont Park projects until reimbursement can occur from the issuance of public
securities.
Description 2014 Bond Program Total Project Remaining
Allotment/Appropriation Balance
McLeland Tennis
Center (CO2472) $550,000.00 $550,000.00
Rosemont Park
(CO2474) $287,000.000 $287,000.00
TO
Fund Department Account Project Program I Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
340141 0800450 5330500 CO2472 C04930 2015 14020105 $66,500.0
340141 0800450 5330500 CO2474 C04930 2015 14020103 $27,200.0
Submitted for City Manager's Office bv: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
http://apps.cfwnet.org/council_packettmc_review.asp?ID=21535&councildate=11/3/2015 213
11/3o05 marnevxew
Additional Information Contact: David Creek (5744)
ATTACHMENTS
Rosemont Park aerial exhibit
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1600 W. Seminary Drive McLeland Tennis Center Park Planning District 4
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1400 W.Seminary Drive City Council District 9
Fort Worth,Texas 76119