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Home My WebLink AboutContract 50785 1234 CITY SECRETARY ,-,�1--f - CITY OF FORT WORTH, TEXAS CONTRACTNO._ � RECEIVED STANDARD AGREEMENT FOR PROFESSIONAL SERVICES MY.; 2018 cia0GFc, This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality crysr,("City"), and Freese and Nichols, Inc., authorized to do business in Texas ("Consultant"), for a PROJECT generally described as: Green Ribbon Project at IH-30 and Montgomery Street Intersection. Article I Scope of Services (1) Consultant hereby agrees to perform the professional services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Green Ribbon Project at IH-30 and Montgomery Street I ntersection. (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 an amount up to $94,450.00 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". 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. Article III Term Unless terminated pursuant to Article VIII herein, this Agreement shall be for a term beginning on the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. City of Fort Worth,Texas Standard Agreement for Professional Services OFFICIAL RECORD Revision Date:11.07.17 Page 1 of 9 CITY SECRETARY FT.WOR'T'H,`I"X 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 the work to be performed hereunder and of 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 respondeat 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) THE CONSULTANT, AT NO COST TO THE CITY, AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11-07.17 Page 2 of 9 Commercial General Liability $1,000,000 each occurrence $2,000,000 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 attached to this Agreement prior to its execution. c. Any failure on part of the City to attach the required insurance documentation hereto 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. 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 3 of 9 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) a. City may terminate this Agreement for its convenience on 30 days' written notice to Consultant. b. 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 the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If City chooses to terminate this Agreement, 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 II 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 4 of 9 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. Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 5 of 9 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 Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. Article XIII 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 XIV Contract Construction The parties acknowledge that each party and, if it so chooses, its counsel have reviewed 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 XV 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 6 of 9 Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVI 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: Douglas W. Wiersig, P.E. Transportation and Public Works Department 200 Texas St. Fort Worth, Texas 76102 Consultant: Freese and Nichols, Inc. Attn: Chris Bosco, P.E. 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 Article XVII Prohibition On Contracts With Companies Boycotting Israel Consultant acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Article XVIII 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:11.07.17 Page 7 of 9 Article XIX Attachments, Schedules and 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. 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 Attachment E - Location Map Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH CONSULTANT Freese and Nichols, Inc. Susan Alanis Chris Bosco, P.E. Assistant City Manager Principal &Vice-President Date: 50 2�l Date: April 27, 2098 APPROVAL RECOMMENDED: By: 5_r_1 a,l Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department OFFICIAL RECORD CITY S ICRETARY IIsi,IIVOR'>I'Ho TX City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 8 of 9 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY- BY: CIT F FORT WORT ENGI ER Freese a Nichols, Inc. Jesus . Ch a ChVosPAs stant Cit anager Price-Oresident D e: Date: 117 APPROVAL RECOMMENDED: By:_Z)a Li. Cj Douglas . Wiersig, P.E. Director, Transportation and Public Works Department APPROVED AS TO FORM AND LEGALITY By:S FA (��,7 Douglas W. tPack �0..••..• ........ T� Assistant City Attor U p Form 1295 No. ATTEST: AS M&C No.: 5 � Mary J. Kayser City Secretary M&C Date: Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. A/l�/l+� City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services p Revised Date:12.22.2016 LIF ,"I- c�R® Page 16 of 16 "4 TX Contr t Compliance Manager: By signing, I knowledge that I am the person respons le for the monitoring and administration of t ' contract, including ensuring all performa ce and reporting Form 1295 N . requirements. M&C Mike Weiss, P.E., PMP &C Date: Senior Professional Engineer APPROVED AS TO FORM AND A TY ATTEST: By: Douglas W. B ck Ma J. Kayser Assistant ' y Attorney City cretary City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 9 of 9 ATTACHMENT "A" Scope for Engineering Design Related Services for Street Improvements The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The project will include landscape improvements within the TxDOT right-of-way along IH-30 and in proximity to the Montgomery Street intersection (from 1,300 feet east to 1,300 feet west of Montgomery Street and IH-30 intersection). The project will be state let and will utilize FY 2018 Green Ribbon funding. Landscape improvements are planned to include trees and shrubs between the main lanes and the frontage roads of IH-30. All landscaped areas are expected to include irrigation;therefore, water services will be identified, located, and extended to these areas. WORK TO BE PERFORMED Task 1. Design Management Task 2. Preliminary Design Task 3. Final Design and Final Construction Documents Task 4. Bid Phase Services Task 5. Construction Phase Services Task 6. Survey Services Task 7. Permitting Task 8. Additional Services TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting • Conduct and document six (6) project update meetings with CITY Project Manager or TxDOT • Conduct and document six(6) design team meetings • Conduct one (1) stakeholder meeting to review the planned improvements For City of t Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 10 • Conduct one (1) site visit • Prepare five (5) invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Prepare and submit five (5) monthly progress reports in the format provided by the respective CITY Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. ENGINEER shall submit CSJ Request Form, Project Information Form, AFA Form, Form 1002, and necessary certification forms to TxDOT. ASSUMPTIONS • Coordination meeting may include TxDOT, City of Fort Worth Transportation and Public Works, or City of Fort Worth Parks Department • Project will be state-let by TxDOT • CITY will coordinate the attendance list and the reservation of meeting room for the stakeholder meeting DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly M/WBE Report Form and Final Summary Payment Report Form TASK 2. PRELIMINARY DESIGN (60 PERCENT). The 60% Design shall be submitted to CITY per the approved Project Schedule. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 2 of 10 The purpose of the 60% design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design that successfully addresses the design problem, and to obtain the CITY's endorsement of this design. ENGINEER will develop the 60% design of the infrastructure as follows. 2.1. Data Collection • In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. • ENGINEER will contact 811 utility locates within areas of planned improvements and note locations of marked utilities 2.2. The 60% Design Package shall include the following and shall meet TxDOT standards: • Cover Sheet • Index Sheet • Project Layout Sheet: Develop a layout sheet showing all control points, used or set while gathering data. The following information shall be indicated for each Control Point: Identified (existing City Monument#8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location. • Summary Sheet (Quantities) • General Notes Sheet • Traffic Control Plan: Develop a traffic control plan in accordance with TxDOT standard details and the latest edition of the Texas Manual on Uniform Traffic Control Devices. Develop supplemental traffic control drawings and a written summary of the distinct phases to take place during construction operations to include road and/or lane closures, limited access to adjacent properties, and limited access to pedestrian and bicycle traffic. • Existing Utilities Plan (based on 811 locates and field notes) • SW3P Layout: Develop a stormwater pollution prevention plan layout sheet showing the necessary BMP's within the project limits. • EPIC Sheet: Develop an Environmental Permits, Issues, & Commitments sheet in accordance with project improvements and project location. • Landscape Plan: Develop landscape improvement plan in accordance with TxDOT and CITY preferences. ENGINEER shall review client and stakeholder comments on submitted design drawings and alternatives and discuss comments with client via conference call. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 3 of 10 • Planting Layout Sheet and Planting Species List: Develop landscape improvement plan sheets including horizontal and vertical dimensional control. ENGINEER shall coordinate proposed material selection and specifications with Public Works, Parks Department, and TxDOT. • Landscape Detail Sheet • Irrigation Plan: Develop irrigation plan in accordance with landscape plan and the location of the existing water services. • Irrigation Detail Sheet • ENGINEEER shall prepare 60% design opinion of probable construction cost. • ENGINEER shall prepare one (1) perspective view rendering of the proposed improvements at the IH-30 and Montgomery Street intersection. This graphic will be used for communication purpose to the project stakeholders. 2.3. Utility Clearance • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • The ENGINEER shall upload a PDF file of the approved 60% plan set to the designated project folder in Buzzsaw for forwarding to all utility companies which have facilities within the limits of the project. ASSUMPTIONS • No storm water calculations and design shall be necessary. • No roadway typical sections shall be necessary. • No public meeting shall be necessary for the project. • No geotechnical investigation/pavement design will be necessary for the project. • SW3P permit to be developed and submitted by the project contractor. • 1 PDF of the plans will be uploaded to Buzzsaw for the 60% Design. • ENGINEER shall not proceed with 90% Design activities without written approval by the CITY and TxDOT of the 60% Design. DELIVERABLES A. 60% Design drawings and specifications B. Opinion of probable construction cost C. Contract time estimate City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 4 of 10 TASK 3. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). • Upon receiving design comments from CITY and TxDOT regarding the 60% design plans, ENGINEER will prepare final design plans (90%) and final construction documents (100%) as follows: • Final draft construction plans (90%) including specifications shall be submitted to CITY/TxDOT per the approved Project Schedule. • Following a 90% construction plan review meeting with the CITY/TxDOT, the ENGINEER shall submit Final Plans (100%) to the CITY/TxDOT per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. • The ENGINEER shall submit a final design estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use ONLY standard TxDOT bid items. • ENGINEER will prepare and submit up to one (1) special provision and up to two (2) special specifications. ASSUMPTIONS • One PDF of drawings and specifications will be delivered for the 90% design. • One PDF of drawings and specifications will be delivered for the 100% design. DELIVERABLES A. 90% construction plans and specifications. B. 100% construction plans and specifications. C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the TxDOT standard bid items and format. D. Contract time estimate TASK 4. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 4.1. Bid Support • The ENGINEER shall provide all project plans and contract documents to TxDOT and the CITY for access to potential bidders. The plans and contract documents will be provided in PDF format. • The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests, in the form of addenda. City of Fart Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 5 of 10 • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. • Incorporate all addenda into the contract documents and issue conformed sets. ASSUMPTIONS • Project will be a state-let project and will be facilitated and executed by TxDOT • The project will be bid only once and awarded to one contractor. • PDF file of the plans and specifications will be uploaded to Buzzsaw. • No pre-bid meeting will be conducted for this project • One (1) addendum to planting plans, or specifications will be issued. DELIVERABLES A. Addenda B. Construction documents TASK 5. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 5.1 Construction Support • The ENGINEER shall attend the preconstruction conference. • The ENGINEER shall visit the project site as requested as construction proceeds to observe and report on progress. • The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. The ENGINEER shall log and track all shop drawings, samples and other submittals in Buzzsaw. • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. 5.2 Record Drawings • The ENGINEER shall prepare record drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o Red-Line Markups from the Contractor o Red-Line Markups from TxDOT Inspector City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 6 of 10 o Copies of Approved Change Orders o Approved Substitutions • The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of Record Drawings, on bond paper for record storage. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red-lined drawings shall be returned to the CITY. • Record Drawings shall also be submitted as an Adobe Acrobat PDF format file. ASSUMPTIONS • One (1) site visit is assumed. • Two (2) submittal reviews are assumed. • One (1) RFI's is assumed. • One full size (22"x34") of the plans will be printed on bond paper and delivered to the CITY • No public meeting are assumed to be needed. DELIVERABLES A. Response to Contractor's Request for Information B. Review of Change Orders C. Review of Submittals C. Record Drawings City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 7 of 10 TASK 6. SURVEY SERVICES. ENGINEER will provide survey support as follows. 6.1. Design Survey • ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, all trees greater than 6" BHD (measure caliper and identify overall canopy), and other features relevant to the final plan sheets. • The minimum survey information to be provided on the plans shall include the following: — A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: — The following information about each Control Point; a. Identified (Existing. CITY Monument#8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). — Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. — No less than two horizontal bench marks, per line or location. — Bearings given on all proposed centerlines, or baselines. — Station equations relating utilities to paving, when appropriate. ASSUMPTIONS • No temporary right of entry, subsurface utility engineering, or construction surveying is necessary for this project. • All construction is within TxDOT right-of-way and no easement or right-of-way acquisition will be necessary. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 8 of 10 TASK 7. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows. 7.1. Environmental Services • The ENGINEER will prepare a Draft Scope Development Tool and Scoping for Categorical Exclusions (CE) Document according to the TxDOT Fort Worth District guidelines and policy. TxDOT's Scoping Development Tool would be completed to determine which technical reports would be required for the proposed project. • The environmental technical reports shall include appropriate NEPA or federal regulatory language in addition to the purpose and methodology used in delivering the service. Technical reports shall include sufficient information to determine the significance of impacts and are listed below. A technical report shall be prepared to address: • Historic Resources Project Coordination Request • Biological Resources Evaluation Form and Tier I Site Assessment Form • Water Resources/303 (d) Waters Impact Table • The CE documentation shall meet the requirements of 23 CFR 771.117, and TAC, Title 43, Part 1, Chapter 2. The CE content shall be in sufficient detail to meet regulatory requirements for legal sufficiency. • The CE documentation shall be concise and shall incorporate by reference the detailed environmental studies. • ENGINEER will coordinate with agency to obtain approval agreement and/or permits. • ENGINEER will respond to agency comments and requests for information • As necessary, the ENGINEER will submit revised forms for agency review ASSUMPTIONS • TxDOT permit documentation is not necessary based on state-letting process • Project contractor will prepare and submit SW3P permit to appropriate regulatory agencies • Permit preparation will begin after project limits are determined • No TDLR submittal is necessary for this project • No Railroad permit is necessary for this project City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 9 of 10 DELIVERABLES A. Draft/Final Scope Development Tool B. Draft/Final Scoping for CEs Document C. Draft CE documentation (Draft Environmental Technical Reports) for TXDOT District review D. Revised CE documentation (Final Environmental Technical Reports) TASK 8. ADDITIONAL SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re-bidding of the contract for construction. • Construction management and inspection services. • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. • Environmental documentation services that are be considered additional services shall include, but are not limited to, the following: 1.1 U.S. Army Corps of Engineers Section 401/404/408 permitting 1.2 Endangered species presence/absence surveys 1.3 USFWS Coordination 1.4 Archeological survey, testing or data recovery . 1.5 Historic Resources Survey and Reporting 1.6 Community Impacts Assessment 1.7 Preparation of Environmental Assessment or other NEPA document 1.8 Formal Section 4(f) or 6(f) Evaluations 1.9 Trinity River Corridor Development Certificate 1.10 Cumulative Impacts Analysis 1.11 Public Meeting/Hearing Preparation 1.12 Assist the Client as an expert witness in litigation in connection with the project or in hearings before approving and regulatory agencies City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 10 of 10 ATTACHMENT B COMPENSATION Design Services for Green Ribbon Project at IH-30 and Montgomery Street Intersection City Project No. 02432 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $94,450.00 as summarized in Exhibit B-1 — Engineer Invoice and Section IV—Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section 11 - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Freese and Nichols, Inc. Landscape Improvements $60,260.00 63.8% Prime Consultant Total: $60,260.00 63.8% MBE/SBE Sub-Consultants Westra Consultants, LLC Traffic Control Plan $4,800.00 5.1% Gorrondona &Associates, Inc. Topographic Survey $14,390.00 15.2% MBE/SBE Sub-Consultants Total: $19,190.00 20.3% Non-MBE/SBE Sub-Consultants Cox McLain Environmental Environmental Documentation $15,000.00 15.9% Consulting, Inc. MBE/SBE Sub-Consultants Total: $15,000.00 15.9% TOTAL $94,450.00 100% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE Green Ribbon Project at IH-30 and $94,450.00 $19,190.00 20.3% Montgomery Street Intersection (City Project No. 02432 City MBE/SBE Goal = 12.0% Consultant Committed Goal = 20.3 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 3 B-2 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for Green Ribbon Project at IH-30 and Montgomery Street Intersection City Project No.024321 CSJ#1088-01.219 Lebbr(h.—I CM1Na a0aCD Tbdtl Lula —lee Erlc Berton Stephen R. D-ld Melt Milano F lir4beth Robert Klnkel M Ic ell Scott Buckin h°m Jemea Re-ch Bumeu h Veu M1en Test Descrlptlen Pmj�c1 Pmjen Cabo Me°ape CARD Irrlpetl° CADo C le Total Expense OA�OC NSM1Mn Deel9lur OA,Dp TolCoelb^ Ceat Task Sub Tetel 6ubconaullan[ Trnel Reprotluatibn act M...0emenl 4 37 0 0 511,609 a 30 s0 S1]S $20 $161 $11,056 Design a eetings l6) 1 16 64 TI 4,264 el�ngs 6) 2 6 64 10 72 2.44 Monthlyp w'Sce Pro essen9(�I 26 725 Stakeholder Meeting ft) 2 2 2 2 2 11 Ile V;s:t(iJ 2 2 2 2 1,090 er.CSJ Request,AFA) 1,740 2—."y Te 10 0 ] OD f Dt 1 ,706 -T ,h1hel 3 30 30 TOe Sheel 1 2 1 Indm Sheet 2 0 301 Protect La'yoct heel 301 p 301 Summary Sheet 0 394 0 30 E-thI"'h Sh 74 2,000 2,OOD 2,146 sting U:illties 1 0 47 Phbi 1 2 4 7 0 7di EPIC Sheet 2 6 0 5 Landscape Plan 2 8 12 2,332 2,3]2 out Sheets B ifi 0 2,66 Plannna Speclee L1sl ID D 2,170 Vngatlbn Plan 4 2 12 2 1, o S1,9 D � �mmn coat E:Bmata z 4 S. 1.DBz apFlcel Rendering(Pe ex) 0 .6 0 0 T; Submittal a0 01 0 01 mCe.1- Sx 1 0 3m Project Layout Sheet 2 301 0 391 General Notes Sheet SO 399 Tmftt;—l.1 1 2,0 0 ,poo 3,145 sling utill.ea 't 0 3539 GW PPP Sheep. 2 0 539 EPIC Gt,eel 1 2 2 S. 5639 -cape Plan 2 12 0 32 Pl.ltl,g L-0 0 16 p 2,65fi ntlD9sppl. sU'ts 2 4 i 0 0 160 Irrkgalion Plan 4 2 0 0 °nslruction Cost Es!lmale 1, 1, C-51l ction Schedule 1 4 1 Contract Time Duration 6 0 732 Spec�lal PmNslons Sh 6 0 Special Specifications 8 2D 4 0 4,732 0 100'h Submilal 0 40 Atldreas30°le Commen!a 6 6 2 2 B 12 2 B 2 ,T — BO 6,39 so so 0 Bitl M1ase 0 0 ntl RFI Responses 2 't ,J02 0 0 Survey 0 00 0 S ,390 614,3 0 ..........Survey 0 1 $14,390314,390 Perm Ring 0 0 D0 $0 0 S,00 15,.00 , Tptels 4 53 ]6 42 4 4l 114 122 22 32 6 356.5]3 118190 515,000 3139 3129 394,450 591,.]1 ro Total Hours Total L. 56,573 oral Expense 34,458 MSE/SBE Su consu lanl t9,t90 Nan MR to% Su nsu lane 42105 Protect Coat 694,450 Gly°I For( AB U,Tema tleGlmaD .leye N Eflml Supplamenl PMO O01tlel Rtleaae Date:8.09.2012 1 Df1 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 3 B-3 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Green Ribbon Project at IH-30 and Montgomery Street Intersection City Project No. 02432 No Changes or Amendments to the Standard Agreement City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page I of 1 Consulting Contract Schedule Specifications FORT WORTH City of Fort Worth Capital Improvement Program 00� Attachment D--Project Schedule This PROTECT requires a Tier 3 schedule as defined herein and in the City's Schedule Guidance Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: — Primavera (Version 6.1 or later or approved by CITY) — Primavera Contractor (Version 6.1 or later or approved by CITY) — Microsoft Project (Version 2003/2007 or later or approved by CITY) D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice-to-proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT's understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any,and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WBS) representing the tasks,subtasks,and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities, key milestones, and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings,review periods, critical decision points,including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following, if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, • Coordination issues the CITY should be aware of or can assist with, City of Fort Worth,Texas Attachment D PMO Release Date:02.15.2011 Page 1 of 2 • Other schedule-related issues that the CONSULTANT wishes to communicate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D. CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. City of Fart Worth,Texas Attachment D PMO Release Date:02.15.2011 Page 2 of 2 GREEN RIBBON FUNDING APPLICATION - CITY OF FORT WORTH Attachment E PROJECT LOCATION MAP MONTGOMERY STREET AT IH-30 A f NASJaBe Rol—S—Fw Wash Iver Oaks y' zr CALL OWAY Pit RX Navel Ar SrathnFmn WerM CR57W90pr� Elat$t AMC GSItDrtl`.e Nas Joint Reserve Base Fort VJ'ortn cGmawoy 4 ESL E*n Sr `3 anx"s.ie.m.�Re. .n+nr White 5ettlemept �e5"IaR Ro �► ! uM TED a 511VFAfIDE WestwOfth VMMRM AARk's SVNLa4MCF ,GoLm y'k _ SNIT y SOVARE Ry YALE _ (� C7 D^Ra W 7.A- Q UREA y LrPtRnt 61vtl _ A ya�y'F'" '� aa ^r O „T � �,,,ryV f R r;r S p I108� plead 'l CAEf�M'EARFA '1.46 ��,,�,E•�vY€s'--'�"' ,�,8 EiS)MEAOOWEROON D Atkkp ♦a ,ya1�= e'" _ cL r acD E laricastn y"JRf Wes:Ens C' Mor' 4"a F' F4'SLS SARGFI(7 Weslover HLl�$ E t a"'"sY"rin°A"R ENaniex '� AYEMVE O -9Frn.�4a9eGaL le��lA�:�!Mzsc4w-ua r WtbsWYa St •EL AOiY > RIOGLEA NRLS .sWlRc;ed3ff'S fP'SbafR Ft PVAA/k16 – A55OUAROn rANSTUTDF ERawEate fl p SPAR WFSWA,HILLS NO— d.M�s HEfGHTS t � cz° !Nall"c A.c Eaikr��a�+RSNAatMr.Ae" Wai comp PROJECT M+"u'"saE �s.a"' wASEr a90� X NacmTTsouTN I"°on LOCATION ;'n AFWE!)A 'S .: WRRFfHL EII•CH.e ; T VolT _ I = �1�`Y�.. RYAN Awl {pRIJING YE SC a, ERR«Y SL RlfJGLFA M10 'law - @uwG Q\CC, ChIEWn Nm— d .0 Ute, •- H+yu[ � �.,- L>A1eni[X A't p'NFA!anNA iR>tEBRrzy 5[ �J FroG(EA Nni RMfAHOLLOW, G Rurf W 6ny1 ylkVfWAlXETOLACf SfORlilidGS.'vf:ia�' F.,- ADD?f/J"t rypI �� lR[ 'Ol'E4 TON WOODS DMWCLA90 � I' GLFNCAfST amRrlaw° L€M� xWESiCL6RWFST BF 1T/nOJ.4 :.R10G;FA WFS1[SfER BR EST CDUATES aFS?TCIU9 1 ( ROSE'MfkFT CARTF.91WRa `�`-, d F a* a° a pAan: SwAhCA WSemnery Qi a '.Por!- ERerrrirxy Qr a�° ", Ya>�Ra&amaldaRaoganMeEmedaloklw�Le,r .a w..,,A.o. x �traret-'® � 111%, MFADWIS WEST Carrlcn 1" S 5?rK iNC �� pi09eNb AbA 'Pa SO,RILLS 00 a t �r 9EL0aE MAC NQ9TN .'S .\Q �SLMC'r:eS.;a lbrk E 'ri-Si LO t 8M en` n n }" ra osEes«u awa Ed g e c l i NrDULaNp wl.ti o a eR EnrxnRarY CFcon a`� � rrtQavropoeasr a Heagaespulemoriahti voury M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT�O�7N COUNCIL ACTION: Approved on 4/17/2018 - Resolution No. 4927-04-2018 REFERENCE ** 20MONTGOMERY IH-30 DATE: 4/17/2018 NO : C-28664 LOG NAME: GREEN RIBBON 02432 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Adopt Resolution Authorizing a Local Project Advance Funding Agreement with the Texas Department of Transportation in the Total Amount of$584,512.00 with State and Federal Contributions in the Combined Amount of$400,000.00 and the City's Contribution in the Amount of$94,450.00 for the Design and Construction of the IH-30 Green Ribbon Project at Montgomery Street, Transfer Previously Appropriated Funds from the Street Improvement Fund Close in the Amount of$94,450.00, and Authorize the Execution of a Professional Services Agreement with Freese and Nichols, Inc., in an Amount Not to Exceed $94,450.00 (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance of a Green Ribbon Landscaping Planting Program grant in the amount of$400,000.00 from the Texas Department of Transportation to fund the construction of landscaping and irrigation improvements at IH-30 and Montgomery Street; 2. Adopt a resolution authorizing the City Manager to execute a Local Project Advance Funding Agreement with Texas Department of Transportation in the Total Amount of$584,512.00 with State and Federal Contributions in the combined amount of$400,000.00 and the City's contribution in the amount of$94,450.00 for the design and construction of the IH-30 Green Ribbon Project at Montgomery Street; 3. Authorize Transfer of$94,450.00 in previously appropriated available funds from the Street Improvement Fund Close to the Montgomery Street-Camp Bowie project; and 4. Authorize the execution of a Professional Services Agreement with Freese and Nichols, Inc., in an amount not to exceed $94,450.00 for the design of the IH-30 Green Ribbon Project at Montgomery Street. (City Project No. 02432) DISCUSSION: In response to the Texas Department of Transportation's (TxDOT) call for projects under its 2017 Green Ribbon Landscaping Planting Program, Staff requested and was awarded a grant in the amount of$400,000.00 to fund the construction of new landscape and irrigation improvements at the Montgomery Street/interstate Highway 30 Interchange. The Green Ribbon Landscaping Planting Program allocates funds for landscaping activities including the planting and establishment of native and adapted trees and plants on state highways. Eligible projects must be located on a state highway within the right-of-way and be under contract with TxDOT by August 31, 2018. Under the TxDOT Green Ribbon Program, the City is responsible for all of the costs for design, environmental documentation, right-of-way acquisition and utility relocations as required. These costs are included in Freese and Nichols, Inc., design contract. The State will provide funding in the amount of$400,000.00 and provide construction phase services after the Advance Funding Agreement and design plans are approved. The City will be responsible for the maintenance of the landscaping after construction. Upon completion of the maintenance period by TxDOT's contractor, the Park and Recreation Department (PARD) will provide the annual maintenance for this project at an estimated cost of$80,000.00. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=2553 9&councildate=4/17/2018 4/18/2018 M&C Review Page 2 of 2 The Agreement with Freese and Nichols, Inc., will provide professional services for the design of the IH-30 Green Ribbon Project at Montgomery Street in conjunction with the 2014 Bond Program. This Agreement will include topographical surveying, environmental documentation, the design of landscaping and irrigation, bid-phase services, and project management. The total cost of services performed by Freese and Nichols, Inc., will not exceed $94,450.00. Staff considers this cost to be fair and reasonable for the services to be performed. A transfer of previously appropriated available funds from the Street Improvement Fund Close is recommended to cover this contractual costs. M/WBE OFFICE - Freese and Nichols, Inc., is in compliance with the City's BIDE Ordinance by committing to 20 percent SBE participation on this project. The City's SBE goal on this project is 12 percent. Montgomery Street from Camp Bowie Boulevard to Interstate Highway 30 is currently being reconstructed under a Construction Manager at Risk Agreement with Haydon Building Corp (M&C C-28243, City Secretary Contract No. 47328) including storm drainage improvements along Bryce Avenue from Montgomery Street to Sutter Street. This project includes reconstructed travel lanes, intersection, storm drainage, waterlines, sanitary sewers, sidewalks, shared use path, traffic signals, and streetlight improvements. Construction is scheduled to be complete in summer 2019. The project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, funds will be available in the current capital budget of the Street Improvements Fund Close and of the Montgomery Street-Camp Bowie to IH-30 City Project No. 02432, as appropriated. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID I Year (Chartfield 2) Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Mike Weiss (8485) ATTACHMENTS Form 1295 Montgomery 2.pdf Map MONTGOMERY IH-30 GREEN RIBBON.pdf Resolution Montgomery and 130 Green RibbonRev.doc http://apps.cfwnet.org/council_packet/mc review.asp?ID=25539&councildate=4/17/2018 4/18/2018 A Resolution NO. A RESOLUTION AUTHORIZING THE EXECUTION OF A LOCAL PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $584,512.00 FOR A GREEN RIBBON PROGRAM AT THE MONTGOMERY STREET AND INTERSTATE HIGHWAY 30 INTERCHANGE WHEREAS,the City of Fort Worth responded to a Texas Department of Transportation("TXDOT")call for projects under its 2017 Green Ribbon Landscaping Planting Program; and WHEREAS, On July 19, 2017, TXDOT awarded the City of Fort Worth the amount of$400,000 to fund the construction of new landscape and irrigation improvements at the Montgomery Street/Interstate 30 Interchange; and WHEREAS, on August 31, 2017 the Texas Transportation Commission passed Minute Order 115005 that provides for the development of, and funding for,the landscape project described herein; and WHEREAS, the City of Fort Worth desires to enter into a Local Project Advance Funding Agreement with the Texas Department of Transportation to design and construct the Green Ribbon Improvements project at Montgomery Street and IH-30 Interchange which provides for City participation in the amount of $94,450.00, State participation in the amount of $170,062.00 and Federal participation in the amount of $320,000.00 for a total funding amount of $584,512.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: The City Manager is hereby authorized to execute a Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation in the amount of $584,512.00 for the design and construction of the Green Ribbon Landscape improvements at Montgomery Street and Interstate Highway 30 Interchange. Adopted this ______day of_________________ 2018. ATTEST: By: ---------------- ------------ Mary J. Kayser, City Secretary q O'� ORT WORT CERTIFICATE OF INTERESTED PARTIES FORM 3.295 1or1 Complete Nos.1-4 and 6 If there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 If there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number of business. 2017-295529 Freese and Nichols,Inc. Fort Worth,TX United States Date Filed: Name of governmental entity or state agency that Is a party to the contract for which the form is 12/19/2017 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the govemmentai entity or state agency to track or Identify the contract,and provide a description of the services,goods,or other property to be provided Sunder the contract. #02432 City of Fort Worth Transportation and Public Works Department-Engineering Services 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Coftharp,Brian Fort Worth,TX United States X Milrany,Cindy Fort Worth,TX United States X Taylor,Jeff Houston,TX United States X New,John San Antonio,TX United States X Nichols,Mike Fort Worth,TX United States X Cole,Scott Fort Worth,TX United States X Gooch,Tom Fort Worth,TX United States X Halley,Tricia Oklahoma City,OK United States X Pence,Bob Fort Worth,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,un r penalty of perjury,that the above disclosure is true and correct �* "&e SUSANNE M.JOHNSON s°O®+ Notary Public,State of Texas * Comm.Expires 03-19-2020 it of Notary 1D 128932164 ure au zed agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said Kelly J.Shriver this the 1 f day of December 20-jj __,to certify which,witness my hand and seal of office. laa�— th -(1�� Susanne M.Johnson Notary Signature of officer admk&teNng oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 illi li . alt• _•' � ��/' .• lilt; � � t••� �l iiiii s� 1-il�lrwli■ � y ■ •lf.• I ...■.n��s■tel r ii1�r7-i" �,�ti �, I♦v'i�� r t1 l I BE ■ �Ifl�� '' i i WE EMP ■in'/ !�LI/�XI! . r -... ---.. ... - Com" .• '--'■� / nil =am rt-' r JG...-11111-1 ■i'�■i►�. � j� � ��IIIII! /�'♦flfawi t■ Z.. �� 1 \IIYY■1 1 1 a ONEww. /1�_' ��t_ifil�■�-,1��■ ONE] tt►"i--IIIIIII-wi i �/Imm an Lr tWEBB >• 'w� I��■ /_aa'N • O- ■ .Ilia. ii ri'--..rt. . ! tet■ i------ ----11r1■I ./ , -7■.■;�n.u. u 1//nrrr.r- � 1iI �■rr■r +�t� ■.. �i =f:f1= 11,■-ii�� r■II • ii+■i_ I.�r• -1 - •i�'_� ��■.1__,.�11■■■��1 I V ■ to--■ /it r',■■ ••.a1 • e 1 ' Iw-�Sii 1■/■■■■11■ l■■qti■ 11�".' 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