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HomeMy WebLinkAboutContract 53924 CSC No.53924 a` ,�G � CITY OF FORT WORTH, TEXAS G STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("CITY"), and Kimley-Horn and Associates, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: East 4th Street/East 1st Striping & Bicycle Trail Improvements. Article I Scope of Services The Scope of Services is set forth in Attachment A. Article II Compensation and Term of Agreement A. The ENGINEER's compensation shall be in the amount up to $397,865.00 as set forth in Attachment B. B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services �� ���������� Revised Date:11.17.17 Page 1 of 17 CITY SECRETARY FT. WORTH, TX (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 2 of 17 work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 3 of 17 indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 4 of 17 the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity 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. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 5 of 17 directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 6 of 17 liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation — ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 7 of 17 c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 8 of 17 final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 9 of 17 changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 10 of 17 an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 11 of 17 of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY may secure Builders Risk/installation insurance at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 12 of 17 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 13 of 17 b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER' compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 14 of 17 Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. L. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2270 of the City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 15 of 17 Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A- Scope of Services Attachment B - Compensation A+ . ent G Amendments Agreernent��E;gineering ^yes rc� r.rrc-v�zri�i Attachment D - Project Schedule Attachment E - Location Map (Project Limits & Phasing Layout) City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 16 of 17 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER Kimley-Horn and Associates, Inc. Dana Burghdoff(May 18,2OtA 661 Dana Burghdoff Scott R. Arnold, P.E. Interim Assistant City Manager Vice President Date: May 18,2020 Date: May 12, 2020 APPROVAL RECOMMENDED: J I_ By: Williart Jo nson(May 16,2020) William M. Johnson Director, Department of Transportation of Transportation & Public Works Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and adrninistration of this contract, including ensuring all performance and reporting requirements. IGwl(X i ll,-Iz�te, �"i1-21 �15 Derek A.White,PhD,PE(May 13,2020) Derek A. White, PhD, P.E., Senior Project Manager APPROVED AS TO FORM AND LEGALITY W Itl.ee•a.m By: DBlack(May 18,2020) Douglas W. Black Assistant City Attorney Y 0... a - ATTEST: Form 1295 No. 2020 587132 M&C No.: 20 0296 Mary J. Kayser City Secretary 't1. M&C Date: May 5, 2020 City of Fart Worth,Texas Standard Agreement for Engineering Related Design Services 5 �g Revised Date:11.17.17 OFFMAL RECORD Page 17 of 17 CITY SECRETARY t ' FT. WORTH,TX 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 first objective is to complete construction plans for various bicycle and pedestrian improvements along East 4t'Street/East 1'Street from 1-35W to Lake Havasu Trail (approximately 3.5 miles). Components will include intersection improvements, pavement marking & buffer for bicycle lanes, paving for bicycle trail, pedestrian hybrid beacon (PHB), and sidewalk along Randol Mill Road. The intersection improvements include signal modifications at E. 4t' Street and Sylvania Avenue, at E. 4t' Street and Riverside Drive, as well as E. 1" Street and Beach Street to incorporate bicycle signals and detection. Proposed buffered bike lanes will allow both eastbound and westbound movements from Sylvania Avenue to Haltom Road to be separated from vehicular traffic to increase safety by utilizing pavement markings and jersey barriers. Paving for a bicycle trail will connect Haltom Road bicycle lanes to the trail system East of City of Fort Worth's Gateway Park entrance. Lastly, concrete sidewalk will be proposed to connect the existing trail on the SW comer of E. 1 sf Street and Oakland Boulevard to the residential area adjacent to Lake Havasu Trail. WORK TO BE PERFORMED ENGINEER hereby agrees to provide design services as may be requested by the CITY during the term of this AGREEMENT for the following tasks: Task 1. Design Management Task 2. Data Collection Task 3. Preliminary Design (60%) Task 4. Final Design (90% and 100%) Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey and Subsurface Utility Engineering Services Task 9. Permitting Task 10. Application Preparation Task 11. TxDOT Local Government Projects Program (LGPP) Task 12. Quality Control/Quality Assurance 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. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 20 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure Quality Control /Quality Assurance (QC/QA) is practiced in performance of the work. Refer to Task 12 for further details. • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting • Attend a pre-design project kickoff/charter meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Attend two (2)field meetings with CITY representatives, including Traffic Management, prior to the 60% and 90% submittals. • Conduct and document monthly project update meetings with CITY Project Manager. • Conduct review meetings with the CITY at the end of each design phase (60% and 90%). • Conduct and document (4) City interdepartmental meetings with the CITY • Conduct QC/QA reviews and document those activities. Refer to Task 12 for further details • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Prepare and submit monthly Project Status Reports in the format provided by the respective Transportation and Public Works 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 in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. This PROJECT requires a Tier 3 schedule as defined in the City's Specification 00 31 15 entitled Engineer Project Schedule. • Prepare and submit a preliminary Project Risk Register, preliminary Stakeholder Register, and preliminary Project Communications Plan. CITY to modify and finalize. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project • 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. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 2 of 20 • Assist with preparation and attend (1) Design Public Meeting with CITY representatives. ASSUMPTIONS • One (1) pre-design project kickoff/chartering meeting • Two (2)site visits with City staff • Six(6) monthly progress meetings are assumed. • Two (2) plan review meetings • Four(4) interdepartmental meetings • One (1) design public meeting • All submittals to the City will be Quality checked prior to submission. • Project design phase is anticipated to take six (6) months. • Project construction phase is anticipated to take four (4) months. • Six(6) monthly updates of Project Status Reports, MWBE forms, TPBE, Risk Register, and project Schedule. • Two (2)franchise coordination meetings DELIVERABLES A. Meeting summaries with action items B. QC/QA documentation C. Baseline design schedule D. Preliminary Project Risk Register, preliminary Stakeholder Register, and preliminary Project Communications Plan E. Monthly Schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly Project Status Reports G. Monthly TPBE spreadsheet updates H. Monthly Project Risk Register updates I. Monthly invoices J. Monthly MWWBE Report Form and Final Summary Payment Report Form City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 3 of 20 TASK 2. DATA COLLECTION ENGINEER will provide survey, support, and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 2.1. General • 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 JxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. 2.2. Traffic Count Data • Collect peak hour turning movement counts (including pedestrians) during the AM and PM peak hours at each of the following locations: • Intersection of E. 4th Street and Sylvania Avenue • Intersection of E. 4th Street and Riverside Drive • Intersection of E. 1st Street and Beach Street • Collect two week duration pedestrian & bicycles counts in two separate locations within the proposed project limits. ASSUMPTIONS • Right-of-Way research includes review of property/right-of-way records based on current internet-based Tarrant Appraisal District (TAD) information available at the start of the project and available on-ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABLES A. Traffic Count Data B. Traffic AM/PM Peak Exhibit TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 4 of 20 3.1. Development of Preliminary Design Drawings and Specifications shall include the following: • Preliminary cover with area location map, index of sheets, and general notes. • 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 shall be indicated for each Control Point: Identified; X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; with descriptive location. • Right-of-Way Strip Map sheets including project easement layouts. • Prepare existing and proposed typical section sheets. • Removal plan sheets • Intersection layout sheets including ROW lines, horizontal alignments, utilities, curbs, sidewalks, driveways, dimensions and arrows at the following locations: o Intersection of E. 4th Street and Sylvania Avenue o Intersection of E. 4th Street and Riverside Drive o Intersection of E. 11 Street and Beach Street • Prepare roadway plan and profile sheets displaying station and coordinate data for all horizontal alignment P.C.'s, P.T.'s, P.I.'s; station and elevation data of all vertical profile P.C.'s, P.T.'s, P.I.'s, low points, and high points; lengths of vertical curves, grades, K values, e, and vertical clearances where required for bicycle trail from Haltom Road to east of City of Fort Worth Gateway Park entrance. • Sidewalk layout sheets including pedestrian ramps from E. 1st Street and Oakland Boulevard to the neighborhood at Randol Mill Road and Lake Havasu Trail • Preliminary roadway details to include curbs, curb expansion joints, driveways, sidewalks, and pavement details. • Preliminary pavement marking and bicycle buffer lane from Sylvania Avenue to Haltom Road. • Traffic signal modification sheets &details for bicycle signal and detection including removals, poles, signals, detection components, conduit, ground boxes, and cable. • Preliminary layout and details of a Pedestrian Hybrid Beacon (PHB)for crossing at E. 1st Street and Haltom Road. • Traffic control plan typical sections including all construction signage and pavement markings details in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. • Erosion control plan for paved trail from Haltom Road to east of City of Fort Worth Gateway Park entrance. • Opinion of probable construction cost. o The Consultant has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 5 of 20 competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Consultant at this time and represent only the Consultant's judgment as a design professional familiar with the construction industry. The Consultant cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. 3.3. Constructability Review • Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 3.4. Public Meeting • After the preliminary plans have been reviewed and approved by the CITY, the ENGINEER shall prepare project exhibits, and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location, prepare and mail the invitation letters to the affected customers. The ENGINEER shall coordinate with the CITY GIS staff to identify affected property owners/residents and develop a spreadsheet listing addresses of those to invite to the public meeting. 3.5. 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. ASSUMPTIONS • Three (3)sets of 11"x17" size plans will be delivered for the 60% design for review coordination. • PDF files created from design CAD drawings will be uploaded to the designated project folder in BIM 360. • All submitted documents and checklists will be uploaded to the designated project folder in BIM 360 • One (1) Public Meeting is assumed. • Full traffic signal designs are not included with the scope of work. Only improvements required to add bicycle infrastructure are included. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 6 of 20 DELIVERABLES A. Preliminary Design drawings and specifications B. Estimates of probable construction cost C. Public Meeting exhibits TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). 4.1 Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • Final draft construction plans (90%) including specifications shall be submitted to CITY per the approved Project Schedule. • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans (100%)to the CITY 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 opinion of probable construction cost with both the 90% and 100% design packages. This estimate shall use standard CITY or TxDOT bid items, as applicable. ASSUMPTIONS • Three (3)sets of 11"x17" size drawings and one (1) set of specifications will be delivered for the 90% Design package. • A PDF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM 360. • Ten (6) sets of 11"x17" size drawings will be delivered for the 100% Design package. • A PDF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM 360. DELIVERABLES A. 90% construction plans and specifications. B. 100% construction plans and specifications. C. Detailed opinion of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. D. Original 11"x17" size cover mylar for the signatures of authorized CITY officials. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 7 of 20 TASK 5. BID PHASE SERVICES. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto BIM 360 for access to potential bidders. • Contract documents shall be uploaded in a .xIs file. • Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to BIM 360 in two formats, .pdf and .dwf files. The .pdf will consist of one file of the entire plan set. The .dwf will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. • The ENGINEER from Contractor's uploaded Plan Holder Registrations in BIM 360. • 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 log shall be housed and maintained in the project's BIM 360 folder titled Request for Information. 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. The ENGINEER shall upload all approved addenda onto BIM 360 and mail addenda to all plan holders. • Attend the prebid conference in support of the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • 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. • Attend the bid opening in support of the CITY. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project's Bid Results folder on BIM 360. • Incorporate all addenda into the contract documents and issue conformed sets. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 8 of 20 • Construction documents will only be made available on BIM 360 for plan holders and/or given to plan viewing rooms. • Construction documents will not be printed and made available for purchase by planholders and/or given to plan viewing rooms. • PDF, DWF and DWG files will be uploaded to BIM 360. DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Construction documents (conformed) E. CFW Data Spreadsheet TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. • The ENGINEER shall visit the project site at requested intervals 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 BIM 360. • 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. • The ENGINEER shall attend the "Final' project walk through and assist with preparation of final punch list. 6.2 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: • As-Built Survey City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 9 of 20 • Red-Line Markups from the Contractor • Red-Line Markups from City Inspector • Copies of Approved Change Orders • 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: • 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 sealed Final Drawings, modified and stamped as Record Drawings, on mylar 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 with the mylars. • Record Drawings shall also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher)file and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_org47.pdf' where "W-1956" is the assigned file number obtained from the CITY, "—org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053—org3.pdf and K-0320—org5.pdf II. Water and Sewer file name example — "X-35667_org36.pdf' where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755—org18.pdf City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 10 of 20 Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in BIM 360. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number(817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • Twelve (12) site visits are assumed. • Four(4) submittal reviews are assumed. • Six(6) RFI's are assumed. • Two (2) Change Orders are assumed. DELIVERABLES A. Response to Contractor's Request for Information B. Review of Change Orders C. Review of shop drawings D. Final Punch List items E. Record Drawings in digital format TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. Easement Preparation and Submittal • The ENGINEER shall prepare documents to be used to obtain easements required to construct the improvements. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's BIM 360 site. DELIVERABLES A. Up to eight (8) easement exhibits and meets and bounds provided on CITY forms. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 11 of 20 TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 8.1. 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, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • Limits of the topographic survey included for this project include the following: — 50 LF beyond the curb return in each direction of the intersection of E. 4th St. and Sylvania Avenue — 50 LF beyond the curb return in each direction of the intersection of E of E. 4th St. and Riverside Drive — 50 LF beyond the curb return in each direction of the intersection of E of E. 1st St. and Beach Street — 50 LF wide area on south side of E. 1 st St from Haltom Road to east of City of Fort Worth Gateway Park entrance — Area including the curb lines for sidewalk from E. 1st Street and Oakland Boulevard to the neighborhood at Randol Mill Road and Lake Havasu Trail • 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; o Identified (Existing. CITY Monument#8901, PK Nail, 5/8" Iron Rod) o X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. o 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. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 12 of 20 — Station equations relating utilities to paving, when appropriate. • Right-of-Way Research — The ENGINEER shall determine rights-of-way, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. — Limits of the research will be included at each of the following locations: o Intersection of E. 4th Street and Sylvania Avenue o Intersection of E. 4th Street and Riverside Drive o Intersection of E. 1st Street and Beach Street o From Haltom Road to Lake Havasu Trail 8.2. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE)to Quality Level D, C, B, and A, as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02. Quality Level D • Conduct appropriate investigations (e.g., owner records, County/CITY records, personal interviews, visual inspections, etc.), to help identify utility owners that may have facilities within the project limits or that may be affected by the project. • Collect applicable records (e.g., utility owner base maps, "as built" or record drawings, permit records, field notes, geographic information system data, oral histories, etc.) on the existence and approximate location of existing involved utilities. • Review records for: evidence or indication of additional available records; duplicate or conflicting information; need for clarification. • Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets, electronic files, and/or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate: utility type and ownership; date of depiction; quality level(s); end points of any utility data; line status (e.g., active, abandoned, out of service); line size and condition; number of jointly buried cables; and encasement. Quality Level C (includes tasks as described for Quality Level D) • Identify surface features, from project topographic data and from field observations, that are surface appurtenances of subsurface utilities. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 13 of 20 • Include survey and correlation of aerial or ground-mounted utility facilities in Quality Level C tasks. • Survey surface features of subsurface utility facilities or systems, if such features have not already been surveyed by a professional surveyor. If previously surveyed, check survey data for accuracy and completeness. • The survey shall also include (in addition to subsurface utility features visible at the ground surface): determination of invert elevations of any manholes and vaults; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utility owners for design purposes. • Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. • Update (or prepare) plan sheets, electronic files, and/or other documents to reflect the integration of Quality Level D and Quality Level C information. • Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. • Provide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets. Level B (includes tasks as described for Quality Level C) • Select and apply appropriate surface geophysical method(s) to search for and detect subsurface utilities within the project limits, and/or to trace a particular utility line or system. • Based on an interpretation of data, mark the indications of utilities on the ground surface for subsequent survey. Utilize paint or other method acceptable for marking of lines. • Unless otherwise directed, mark centerline of single-conduit lines, and outside edges of multi-conduit systems. • Resolve differences between designated utilities and utility records and surveyed appurtenances. • Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data. • As an alternative to the physical marking of lines, the ENGINEER may, with CITY's approval, utilize other means of data collection, storage, retrieval, and reduction, that enables the correlation of surface geophysical data to the project's survey control. Level A • Expose and locate utilities at specific locations. • Tie horizontal and vertical location of utility to survey control. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 14 of 20 • Provide utility size and configuration. • Provide paving thickness and type, where applicable. • Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. ASSUMPTIONS • Up to Fifteen (15) Level A test holes are included. • Right-of-Way research includes review of property/right-of-way records based on current internet-based Tarrant Appraisal District (TAD) information available at the start of the project and available on-ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABLES • Drawing of the project layout with dimensions and coordinate list. • SUE plan drawings sealed by a professional engineer registered in the State of Texas. TASK 9. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain all agreements and/or permits normally required for a project of this size and type, as follows. 9.1. Floodplain Services • Meet, negotiate and coordinate to obtain approval of the agency issuing the agreement and/or permits for improvements within floodplain limits from Haltom to east of City of Fort Worth Gateway Park entrance • Completing all forms/applications necessary. • Submitting forms/applications for CITY review • Submitting revised forms for agency review • Responding to agency comments and requests 9.2. Texas Department of Licensing and Regulation (TDLR) • Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authorities having jurisdiction to approve the design of the Project. • ENGINEER is responsible for providing plans that are in compliance with TDLR requirements. • Submit construction documents to the TDLR City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 15 of 20 • Completing all TDLR forms/applications necessary • Obtain the Notice of Substantial Compliance from the TDLR • Request an inspection from TDLR or a TDLR locally approved Registered Accessibility Specialist no later than 30 calendar days after construction substantial completion. Advise the CITY in writing of the results of the inspection. • Responding to agency comments and requests • All costs associated with TDLR plan review and inspections are to be paid by the ENGINEER during the course of the project. ASSUMPTIONS • Permit preparation will begin after approval of the Conceptual Design. DELIVERABLES F. Copies of Permit Applications G. Copies of Approved Permits TASK 10. APPLICATION PREPARATION ENGINEER will assist the CITY in the preparation of 2020 Transportation Alternatives application for the project to submit to North Central Texas Council of Governments (NCTCOG). The following sub tasks will be performed: • Meet with CITY staff to discuss safety and operational issues. • Identify applicable transportation improvements based on improving safety. • Prepare planning level cost estimate to be used for the application. • Prepare schematic level sketch of the selected safety improvements. • Assist with preparation of draft and submittal of application to NCTCOG. • Address NCTCOG comments (if any) and assist with resubmittal of application. TASK 11. TXDOT LOCAL GOVERNMENT PROJECTS PROGRAM (LGPP) ENGINEER will provide LGPP management and reporting support for the CITY throughout the project from initiation to closeout, as follows. 11.1 Project Initiation a. Project Kick-off Meeting Agenda 11.2 Preliminary Engineering and Design b. Professional Services Procurement Review Checklist c. Design Summary Report (Form 2440) City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 16 of 20 d. Engineering and Architectural Design Checklist e. Engineering and Architectural Design Schematics and Layout Checklist 11.3 Final Engineering and Design a. Professional Services Procurement Review Checklist b. Design Summary Report (Form 2440) c. Engineering and Architectural Design Checklist d. Engineering and Architectural Design Schematics and Layout Checklist 11.3 Bidding and Construction Phase Services a. Engineer shall complete the following TxDOT LGPP forms i. Final Construction Contract Documents Forms 1. Significant Project Procedures (Form 2229) 2. Bid Document Checklist 3. Sample Liquidated Damages Calculations 4. Sample Bidder Certification 5. Child Support Statement 6. State of Texas Child Support Business Ownership Form 7. Engineering and Architectural Letter of Authority Checklist 8. Contract Administration Checklist 9. Pre-Construction Meeting Agenda 10. Review and approve Forms 2243, 2118, SW3P, 599, 1257, 1258, 2182, 2177, 252, 1818, 2146-L, 2395, 4903, 4904, and 2220 on a monthly basis during construction 11. Quality Assurance Program for Construction 12. Monthly Barricade inspection 13. Completion of Construction Letter 14. Final Project Records Review Report 15. Recommend Required Elements Checklist 16. Prepare monthly reimbursement request packages (8 each) ASSUMPTIONS • Up to six(6) reimbursement packages for construction are included. DELIVERABLES A. Reimbursement packages. B. Checklists C. Form 2440 D. Contract Document Forms City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 17 of 20 TASK 12. QUALITY CONTROL/QUALITY ASSURANCE ENGINEER to provide to the City a Quality Control/Quality Assurance Plan (QC/QA Plan) outlining the ENGINEER's method of ensuring customary levels of design and accuracy are incorporated into the calculations, plans, specifications, and estimates. ENGINEER is responsible for and shall coordinate all subconsultant activity to include quality and consistency of plans. If, at any time, during the course of reviewing a submittal of any item it becomes apparent to the CITY that the submittal contains errors, omissions, and inconsistencies, the CITY may cease its review and return the submittal to the ENGINEER immediately for appropriate action. A submittal returned to the ENGINEER for this reason may be rejected by the CITY Project Manager. 12.1. QC/QA of Survey and SUE Data • The ENGINEER's Surveyor shall perform Quality Control/Quality Assurance on all procedures, field surveys, data, and products prior to delivery to the CITY. The CITY may also require the ENGINEER's Surveyor to perform a Quality Assurance review of the survey and/or subsurface utility engineering (SUE)work performed by other surveyors and SUE providers. • ENGINEER's Surveyor shall certify in writing via a letter that the survey information provided has undergone a Quality Control/Quality Assurance process. • ENGINEER's Subsurface Utility Engineering provider shall certify in writing via a letter that the SUE information provided has undergone a Quality Control/Quality Assurance process. 12.2. QC/QA of Design Documentation • ENGINEER shall perform a QC/QA review of all documents being submitted for review at all stages of the design including the 30%, 60%, and 90% and Final Document design review submittals. QA should be performed by an individual within the firm who is not on the design team. • ENGINEER is to acknowledge that each item on the Detailed Checklist has been included by checking "done" on the checklist. If a particular checklist item is not applicable, this should be indicated by checking "N/A'. If an entire checklist is not applicable, this should be indicated by checking every item on the list as "N/A" and still included with the submittal. The ENGINEER shall use the Detailed Checklist provided by CITY. • A Comment Resolution Log must be used to document conflicting comments between reviewers and to highlight comments made by the CITY that the ENGINEER is not incorporating into the design documents along with the associated explanation. The ENGINEER shall use the Comment Resolution Log provided by CITY. • The documentation of a QC/QA review includes (1) a copy of the color-coded, original marked-up document (or"checkprint") developed during the QA checking process and/or review forms which sequentially list documents and associated City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 18 of 20 comments; and (2) a QC sign-off sheet with signatures of the personnel involved in the checking process. Mark-ups may also be documented using the Comment Resolution Log. • Evidence of the QC/QA review will be required to accompany all submittals. Documentation shall include, but is not limited to, the following items: - PDF of the completed Detailed Checklists - PDF of the QC/QA checkprint of the calculations, plans, specifications, and estimates demonstrating that a review has been undertaken; - PDF of previous review comments (if any) and the ENGINERR's responses to those comments in the Comment Resolution Log. • If any of the above information is missing, is incomplete or if any comments are not adequately addressed; the CITY may contact the ENGINEER and request the missing information. If the ENGINEER does not respond to the request within 24 hours, the CITY shall reject the submittal. No additional time will be granted for a returned submittal. • If the ENGINEER has not adequately addressed the comments, the submittal shall be rejected and returned to the ENGINEER immediately to address the issues. ASSUMPTIONS • All submittals to the City will be Quality checked prior to submission. • A PDF of the QC/QA documentation will be uploaded to the project folder in BIM 360. DELIVERABLES A. QC/QA documentation 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: • Drainage evaluation including runoff calculations and iSWM plans. • 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. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 19 of 20 • 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. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 20 of 20 ATTACHMENT B COMPENSATION Design Services for East 4t1 Street/East let Street Striping & Bicycle Trail Improvements City Project No. 102601 Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated in an hourly amount not-to-exceed $397,865 for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category Rate($/hour) Project Director $255 Quality Control Manager $240 Senior Project Manager $210 Project Manager $180 Project Engineer IV $165 EIT III $145 EIT II $135 EIT 1 $130 LA/LP Professional VI $185 LA/LP Professional V $175 LA/LP Professional IV $165 LA/LP Analyst III $140 LA/LP Analyst II $130 LA/LP Analyst 1 $125 Environmental Professional VI $190 Environmental Professional V $180 Environmental Professional IV $160 Environmental Analyst III $135 Environmental Analyst II $130 Environmental Analyst 1 $125 RPLS-Surveyor $185 CADD Operator $115 CADD Designer $160 Project Accountant $160 Administrative $95 Intern $85 City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION 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. IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Kimley-Horn and Engineering Services, LGPP $261,790.00 65.7% Associates, Inc. Administration Process Kimley-Horn and Topographic& Right-of-Way $25,775.00 6.5% Associates, Inc. Boundary Survey, ROW/Easement Document Preparation Proposed MBE/SBE Sub-Consultants The Rios Group Subsurface Utility Engineering $32,550.00 8.2% Yazel Peebles & Topographic Field Survey& $17,050.00 4.3% Associates ROW Property Corner Setting GRAM Traffic North Peak Turning Movement & $10,900.00 2.7% Texas, Inc. Pedestrian/Bicycle Counts Non-MBE/SBE Sub-Consultants Cox-McLain Environmental Study $48,800.00 12.3 % Environmental Consulting Inc. K+K Associates, LLP TDLR Review and Inspections $1,000.00 0.3% TOTAL $397,865.00 100.0% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE /o CPN 102601 — East 4th Street/East 1 It Street Striping & Bicycle Trail $397,865 $60,500 15.2% Improvements City MBE/SBE Goal = 13 % Consultant Committed Goal = 13 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 4 B-3 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 desired work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 4 of 4 B-4 m m � . $ § E ' 20 u / 2z, ! - \ > | | � 'a ■ _ - � § ; 2_ .. E ° CL § CD a � u cCD m o CD k ) a § @ e | § gym & CD |; LL ¥ 22 ® :§ el -2§z E q§ 2 I§= 2 o§ R ; . 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MAYOR & COUNCIL COMMUNICATION ■ Attachment E - Location . • 711 ar• � �`�i .�-.,r.:• f rs� _ ¢` . +, ' "'.'_ .ram _ °f' 9_�+w•..._# .r*. i4 .. s '' .�.' _ •S� n _ .. � -arty - r �.�. �• r F -� I 1#Ir 00 i . . ike 76, r _ l ' .+ IH-35W Ale _ • bw How #_ ..40 i s`i.i Q ST ST -�. ' 1 r it EAST 4TH ST . �„ x � � i N%40? v dp - y-� . & _ low jr . R i • 102601 Street ♦ Bicycle Trail Improvements 36,000 This product is for informational purposes and may not have been prepared for or be East I from suitable for legal,engineering,or surveying purposes.The City of Fort Worth assumes no CL � � o C \ � @ / / CL. 0 . ± CL � � � ■ � E c - 2 , m _ / 0 / _\ ■ o Cd t � § k a $ u / 3 4 � f � $ OL � d 2 ■ E � / w C z . � � 2 ,\ ■ . �- I � , � . City of Fort Worth Fort ort Texas Street Worth,Texas Legislation Details File#: M&C 20-0296 Version: 1 Name: Type: Award of Contract Consent Status: Passed File created: 4/30/2020 In control: CITY COUNCIL On agenda: 5/5/2020 Final action: 5/5/2020 Title: Adopt a Resolution Supporting Application for NCTCOG Transportation Alternatives Program and Accept, if Awarded, the Grant Funds in the Expected Amount of$1,640,000 for Installing Various Street and Bicycle Improvements on East 4th Street and East 1st Street from IH-35W to Haltom Road,Authorize the Execution of an Agreement for Engineering Services with Kimley-Horn and Associates, Inc., in the amount Not-to-Exceed $397,865.00 to provide Professional Engineering Services for Pedestrian, Street, and Bicycle Improvements Along East 4th Street-East 1st Street- Randol Mill Road from IH-35W to Lake Havasu Trail and Adopt Appropriation Ordinances (COUNCIL DISTRICTS 4 and 8) Sponsors: Indexes: Code sections: Attachments: 1. M&C 20-0296, 2. Project Map.pdf, 3. PhasingMap_rev1.png, 4. 20ENGINEERING AGREEMENT FOR EAST 4TH-1ST STREET IM PROVE MENTS_34014_AO20.pdf, 5. 20ENGINEERING AGREEMENT FOR EAST 4TH-1ST STREET IM PROVE MENTS_34018_AO20.pdf, 6. 2020 TACFP Resolution rev2(3.30.20).pdf Date Ver. Action By Action Result 5/5/2020 1 CITY COUNCIL Approved City of Fort Worth Page 1 of 1 Printed on 5/5/2020 powered by Legistarm City of Fort Worth, Texas Mayor and Council Communication DATE: 05/05/20 M&C FILE NUMBER: M&C 20-0296 LOG NAME: 20ENGINEERING AGREEMENT FOR EAST 4TH/1ST STREET IMPROVEMENTS SUBJECT Adopt a Resolution Supporting Application for NCTCOG Transportation Alternatives Program and Accept, if Awarded,the Grant Funds in the Expected Amount of$1,640,000 for Installing Various Street and Bicycle Improvements on East 4th Street and East 1st Street from IH-35W to Haltom Road,Authorize the Execution of an Agreement for Engineering Services with Kimley-Horn and Associates, Inc., in the amount Not-to- Exceed$397,865.00 to provide Professional Engineering Services for Pedestrian,Street,and Bicycle Improvements Along East 4th Street-East 1st Street-Randol Mill Road from IH-35W to Lake Havasu Trail and Adopt Appropriation Ordinances(COUNCIL DISTRICTS 4 and 8) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Resolution supporting the City's application for a grant in the expected amount of$1,640,000 from the North Central Texas Council of Governments for construction of bicycle, pedestrian and street improvements along East 4th Street-East 1 st Street from Northbound Frontage Road IH-35W to Haltom Road;and 2. Authorize the City Manager to accept, if awarded,the grant funds;and 3. Adopt the attached appropriation ordinance to increase appropriations in the East 4th Street-East 1 st Street-Randol Mill Road Improvement Project from the 2014 Bond Program Funds in the amount of$23,200(City Project No. U34014)from available funds;and 4. Adopt the attached appropriation ordinance adjusting appropriations in the 2018 Bond Fund by decreasing estimated receipts and appropriations in the sidewalk/bicycle lanes programmable project in the amount of$701,800(City Project No. P130002),and increasing estimated receipts and appropriations in the East 4th Street-East 1st Street-Randol Mill Road Improvement Project, by the same amount; and 5. Authorize execution of an Agreement for Engineering Services,in an amount of not-to-exceed$397,865.00,with Kimley-Horn and Associates, Inc.for professional engineering services to prepare plans,specifications and construction estimates of various street, pedestrian,and bicycle improvements for approximately 3.5 miles of East 4th Street-East 1 st Street-Randol Mill Road from Northbound Frontage Road IH-35W to Lake Havasu Trail(City Project No. 102601) DISCUSSION: This Agreement for Engineering Related Professional Services initiates the engineering and design phase for developing construction plans, specifications,and estimates for Phases I and II of the pedestrian,bicycle and street improvements along East 4th Street-East 1 st Street-Randol Mill Road from Northbound Frontage Road IH-35W to Lake Havasu Trail(approximately 3.5 miles) Using 2018 bond funding, Phase I(East 1st Street-Randol Mill Road from Haltom Road to Lake Havasu Trail)includes continuation of an existing trail within Gateway Park along East 1 st Street-Randol Mill Road to Lake Havasu Trail and a sidewalk connection from Gateway Park to White Lake Hills Subdivision. Phase II(East 4th Street-East 1st Street from Northbound Frontage Road IH-35W to Haltom Road)includes intersection improvements and bicycle facilities to improve safety for all road users and provide a comfortable user experience for those traveling by foot or bicycle. In March 2020,the North Central Texas Council of Governments called for applications to the Transportation Alternatives Program,which awards reimbursable grants for construction activities. Phase II meets the eligibility requirements for funding-eligible activities including on-and off-road pedestrian and bicycle facilities,shared-use paths,and related pedestrian and bicycle safety countermeasures. The City of Fort Worth intends to use Transportation Development Credits,if approved,as the local match for this project, if grant funds are awarded.The Regional Transportation Council is scheduled to award funding on September 10,2020. The design phase is anticipated to be from April 2020 to February 2021. Kimley-Horn and Associates, Inc. proposes to perform this work for a fee not-to-exceed$397,865.00,which staff finds to be fair and reasonable for the services to be provided.Construction is anticipated to be from September 2021 to February 2022. Kimley-Horn and Associates, Inc. is in compliance with the City's BDE Ordinance by committing to 15%SBE participation on this project.The City's SBE goal on this project is 13%. This project is included in the 2014 and 2018 Bond Program. Available resources within the General Fund will be used to provide interim financing until debt is issued.Once debt associated with the project is sold,bond proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election(Ordinance Nos.21241- 05-2014 and 23209-05-2018)and subsequent actions taken by the Mayor and Council. This project is located in COUNCIL DISTRICTS 4 and 8 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances,funds will be available in the 2014 and 2018 Bond Program Fund. Prior to an expenditure being incurred,the Transportation&Public Works Department has the responsibility of verifying the availability of funds. Submitted for City Manager's Office by. Dana Burghdoff 8018 Originating Business Unit Head: William Johnson 7801 Additional Information Contact: Monty Hall 8662 CITY COUNCIL MEETING AGENDA FOR THE MEETING AT 2:00 PM, TUESDAY, MAY 59 2020 CITY COUNCIL CHAMBERS, CITY HALL 200 TEXAS STREET, FORT WORTH, TEXAS CALL TO ORDER INVOCATION - Greg Beutel, Light of the World Church PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND THE STATE OF TEXAS (State of Texas Pledge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.") CONSIDERATION OF MINUTES 1. 20-0540 Minutes - April 7, 2020 Regular Meeting 2. 20-0541 Minutes - April 29, 2020 Special Called Meeting ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF CONSENT AGENDA Items on the Consent Agenda require little or no deliberation by the City Council. Approval of the Consent Agenda authorizes the City Manager, or his designee, to implement each item in accordance with staff recommendations. A. General- Consent Items 1. M&C Adopt Resolution Amending the Fiscal Year 2019-2020 Budget and 20-0277 Five-Year Service Plan for Public Improvement District 6 - Park Glen(COUNCIL DISTRICT 4) Speaker/Comment Card 2. M&C Adopt Resolution Amending the Fiscal Year 2019-2020 Budget and 20-0278 Five-Year Service Plan for Public Improvement District 7 - Heritage and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 4 & 7) Speaker/Comment Card Page 1 of 14 CITY COUNCIL Meeting Agenda May 5,2020 3. M&C Adopt Resolution Amending the Fiscal Year 2019-2020 Budget and 20-0273 Five-Year Service Plan for Public Improvement District 11 - Stockyards and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) Speaker/Comment Card 4. M&C Adopt Resolution Amending the Fiscal Year 2019-2020 Budget and 20-0274 Five-Year Service Plan for Fort Worth Public Improvement District 12— Chapel Hill, Authorize an Amendment to City Secretary Contract No. 52904, a Management Services Agreement for Public Improvement District 12 - Chapel Hill, and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) Speaker/Comment Card 5. M&C Adopt Resolution Amending the Fiscal Year 2019-2020 Budget and 20-0275 Five-Year Service Plan for Public Improvement District 15 — Sun Valley and Adopt Appropriation Ordinance (COUNCIL DISTRICT 5) Speaker/Comment Card 6. M&C Adopt Resolution Amending the Fiscal Year 2019-2020 Budget and 20-0323 Five-Year Service Plan for Public Improvement District 19 - Historic Camp Bowie and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 3 & 7) Speaker/Comment Card 7. M&C Adopt Resolution Amending the Fiscal Year 2019-2020 Budget and 20-0276 Five-Year Service Plan for Public Improvement District 20— East Lancaster(COUNCIL DISTRICTS 5 & 8) Speaker/Comment Card 8. M&C Ratify Previous Authority and Authorize Payment of Additional 20-0279 Premiums for the Purchase of an Excess Workers' Compensation Insurance Policy from Safety National Casualty Corporation Through Roach Howard Smith & Barton, Inc., in the Amount of $878,834.00 (ALL COUNCIL DISTRICTS) Speaker/Comment Card Page 2 of 14 CITY COUNCIL Meeting Agenda May 5,2020 9. M&C Authorize Continued Payments of Approximately $100,000.00 per 20-0280 year for 2020, 2021 & 2022 to Continental Casualty Company/Continental Loss Adjusting Services, Inc., for Payment of Workers' Compensation Claims for Policy Years 1983, 1995, 1996 & 1997 for City Secretary Contract No. 21071 and Amendment to City Secretary Contract No. 22322 (ALL COUNCIL DISTRICTS) Speaker/Comment Card 10. M&C Adopt Resolution Affirming Alcon Laboratories, Inc., Located at 20-0281 6201 South Freeway as an Enterprise Project, Pursuant to the Texas Enterprise Zone Act, Chapter 2303 of the Texas Government Code and Assign the Enterprise Project Status from Alcon Laboratories, Inc. to Alcon Vision, LLC (COUNCIL DISTRICT 8) Speaker/Comment Card 11. M&C Adopt Resolution Nominating the Ball Metal Beverage Container 20-0282 Corp. Facility at 6600 Will Rogers Boulevard as an Enterprise Project Pursuant to the Texas Enterprise Zone Act, Chapter 2303 of the Texas Government Code (COUNCIL DISTRICT 8) Speaker/Comment Card 12. M&C Adopt Ordinance Adjusting Appropriations in Various Tax Increment 20-0283 Reinvestment Zone Funds and Amounts to Bring Revenues and Expenditures Into Balance for Fiscal Year 2020 (ALL COUNCIL DISTRICTS) Speaker/Comment Card 13. M&C Authorize Collection and Use of $511,623.60 of Community 20-0285 Development Block Grant Program Income and Interest Earnings, Authorize a Substantial Amendment to the City's 2017-2018, 2018-2019, and 2019-2020 Action Plans, Authorize the Substitution of Funding Years, and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) Speaker/Comment Card Page 3 of 14 CITY COUNCIL Meeting Agenda May 5,2020 14. M&C Authorize the Phased Temporary Closure of Suffolk Drive between 20-0286 Granbury Road and Winfield Avenue from May 11, 2020 through September 11, 2020; Stadium Drive from Seminary Drive to 100 Feet North of Seminary Drive from May 18, 2020 through June 18, 2020 and Suffolk Drive between Granbury Road and Stadium Drive from July 13, 2020 through November 11, 2020 for Construction Activities (COUNCIL DISTRICT 9) Speaker/Comment Card 15. M&C Adopt Appropriation Ordinance in the Amount of $500,000.00 to 20-0288 Expedite Construction of Critical Hazardous Roadway Overtopping Mitigation Projects and Update the FY 2020-2024 Capital Improvement Plan (ALL COUNCIL DISTRICTS) Speaker/Comment Card 16. M&C Authorize the Temporary Closure of Pruitt Street from 8th Avenue 20-0290 to 60 Feet East of 8th Avenue for Franchise Utility Relocation Activities from May 6, 2020 to May 31, 2020 (COUNCIL DISTRICT 9) Speaker/Comment Card 17. M&C Adopt Resolution Denying Application for Approval to Amend its 20-0295 Distribution Cost Recovery Factor Proposed by Oncor Electric Delivery Company LLC and Authorizing Steering Committee of Cities Served by Oncor to Retain Law Firm and Consultants to Evaluate the Application (ALL COUNCIL DISTRICTS) Speaker/Comment Card 18. M&C Authorize Application for and Acceptance of the Fiscal Year 2020 20-0300 Airport Entitlement Grant, if Awarded, from the Federal Aviation Administration, in an Amount Up to $1,250,000.00 for Airport Lighting and Pavement Improvements, Updated Airport Layout Plan, Extension of Taxiway Papa, and Program Management Services at Fort Worth Alliance Airport, Authorize Use of Land Credits for the City's Match, in an Amount Up to $138,889.00, and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) Speaker/Comment Card 19. M&C Adopt Appropriation Ordinances in the Amount of $600,000.00 for 20-0311 the Purpose of Funding the Water and Sewer Impact Fee Study Update 2022 (ALL COUNCIL DISTRICTS) Speaker/Comment Card Page 4 of 14 CITY COUNCIL Meeting Agenda May 5,2020 20. M&C Authorize the Execution of a Settlement Agreement with Renda 20-0318 Environmental, Inc. for Claims Associated with the Village Creek Water Reclamation Facility Solids Dewatering, Processing and Disposal Program and Gas Turbine Operations and Maintenance Contract, City Secretary Contract No. 30908, in the Amount of $252,789.59 (COUNCIL DISTRICT 5) Speaker/Comment Card B. Purchase of Equipment,Materials, and Services -Consent Items 1. M&C Authorize Rejection of All Responses to Invitation to Bid 20-0032 for 20-0268 Bunker Liner for the Park and Recreation Department (ALL COUNCIL DISTRICTS) Speaker/Comment Card 2. M&C Authorize Rejection of All Responses to Invitation to Bid 20-0022 for 20-0269 Shipping Supplies for all City Departments (ALL COUNCIL DISTRICTS) Speaker/Comment Card 3. M&C Authorize Execution of Non-Exclusive Purchase Agreements with 20-0270 Jim Bass Ford Inc., Caldwell Country Chevrolet, and RRPFG, LP d/b/a Randall Reed's Prestige Ford, for One-Ton Pickup Trucks for a Combined Annual Amount Up to $603,500.00 with five-year terms for the Property Management Department (ALL COUNCIL DISTRICTS) Speaker/Comment Card 4. M&C Authorize Non-Exclusive Agreements with Prime Controls, LP, 20-0271 Frank Clark & Associates, Inc., Vector Controls, LLC, Macaulay Controls Company, DPC Industries, Inc., Murray Energy, Inc., Walker Industrial LLC d/b/a Walker Controls, Total Process Solutions, Inc., and G.K. Techstar, LLC for a Combined Annual Amount Up to $1,000,000.00 for Instrumentation Equipment, Parts and Services for the Water Department and Authorize Four Annual Renewal Options and Increased Amounts of $1,100,00.00 for the Third Renewal and $1,210,000.00 for the Fourth Renewal (ALL COUNCIL DISTRICTS) Speaker/Comment Card Page 5 of 14 CITY COUNCIL Meeting Agenda May 5,2020 5. M&C Authorize the Purchase of Eight Dump Trucks from Rush Truck 20-0272 Centers of Texas, LP and Texas Kenworth Co., dba MHC Kenworth - Fort Worth, for a Combined Amount Up to $1,273,581.01, for the Water Department Through the Property Management Department (ALL COUNCIL DISTRICTS) Speaker/Comment Card 6. M&C Authorize an Amendment to the Existing Cooperative Purchase 20-0324 Agreement with Iteris, Inc. under BuyBoard Contract 534-17, Increasing the Annual Amount from $98,000.00 to $298,000.00 to Purchase a Video Management System for Remote Traffic Management for the Transportation and Public Works Department (ALL COUNCIL DISTRICTS) Speaker/Comment Card C. Land-Consent Items 1. M&C Authorize the Voluntary Acquisition of a Fee Simple Interest in Lot 20-0292 5, Block 27 of Woodhaven Country Club Estate, Located at 913 High Woods Trail, Fort Worth, Texas from Viola M. Noble in the Amount of $255,000.00 and Pay Estimated Closing Costs in the Amount of $7,000.00 for a Total Cost of $ $262,000.00 and Authorize a 30-Day Seller's Temporary Residential Leaseback for the High Woods Storm Drain Reconstruction Project (COUNCIL DISTRICT 4) Speaker/Comment Card D. Planning&Zoning-Consent Items -NONE E. Award of Contract-Consent Items 1. M&C Authorize Execution of an Encroachment Agreement with Cook 20-0265 Children's Medical Center for the Construction of an Underground Pedestrian Tunnel Beneath a Variable Width Public Access Easement and Water and Sanitary Sewer Mains Located at 1534 Pruitt Street (COUNCIL DISTRICT 9) Speaker/Comment Card 2. M&C Authorize Execution of a Contract with Vann/Elli, Inc., in the 20-0291 Amount of $272,425.00, for 2020 Guardrail and Dead End Barricades Installation and Maintenance (ALL COUNCIL DISTRICTS) Speaker/Comment Card Page 6 of 14 CITY COUNCIL Meeting Agenda May 5,2020 3. M&C Authorize Final Payment in the Amount of $648,411.08 to the Texas 20-0293 Department of Transportation for the Construction of East First Street from Beach Street to Oakland Boulevard, Adopt Appropriation Ordinances and Update the FY2020-2024 Capital Improvement Plan (COUNCIL DISTRICT 4) Speaker/Comment Card 4. M&C Authorize the Execution of a Construction Contract with Infinity 20-0294 Contractor International, LTD, in the Amount Not to Exceed $965,547.00, Including the Owner's Construction Allowance, for the Alliance Airport Control Tower HVAC Replacement for a Total Anticipated Project Cost of $1,782,742.00, and adopt appropriation ordinance (COUNCIL DISTRICT 7) Speaker/Comment Card 5. M&C Adopt a Resolution Supporting Application for NCTCOG 20-0296 Transportation Alternatives Program and Accept, if Awarded, the Grant Funds in the Expected Amount of $1,640,000 for Installing Various Street and Bicycle Improvements on East 4th Street and East 1st Street from IH-35 W to Haltom Road, Authorize the Execution of an Agreement for Engineering Services with Kimley-Horn and Associates, Inc., in the amount Not-to-Exceed $397,865.00 to provide Professional Engineering Services for Pedestrian, Street, and Bicycle Improvements Along East 4th Street-East 1st Street-Randol Mill Road from IH-35W to Lake Havasu Trail and Adopt Appropriation Ordinances (COUNCIL DISTRICTS 4 and 8) Speaker/Comment Card 6. M&C Authorize Execution of Five-Year Contracts for Geotechnical and 20-0298 Materials Testing Services for Various Construction Projects with Alliance Geotechnical Group, Inc., Alpha Testing, Inc., D&S Engineering Labs, LLC, ECS Southwest, LLP, East Texas Testing Laboratory, Inc., Fugro USA Land, Inc., Kleinfelder, Inc., Landtec Engineers, LLC, Mas-Tek Engineering & Associates, Inc., PaveTex Engineering, LLC d/b/a PaveTex, Rone Engineering Services, LTD, and TSIT Engineering and Consulting, LLC, with a Fee up to $3,000,000.00 per Firm(ALL COUNCIL DISTRICTS) Speaker/Comment Card Page 7 of 14 CITY COUNCIL Meeting Agenda May 5,2020 7. M&C Authorize Execution of an Administration Building Office Lease 20-0299 Agreement with Disability Rights Texas for Suite 315 at Fort Worth Meacham International Airport(COUNCIL DISTRICT 2) Speaker/Comment Card 8. M&C Authorize Execution of Change Order No. 4 to the Construction 20-0301 Contract with Woody Contractors, Inc. in the Amount of $89,318.53 for a Total Revised Contract Amount of $3,492,328.56 for Hammond Street Drainage Improvements (COUNCIL DISTRICT 9) Speaker/Comment Card 9. M&C Authorize the Execution of a New Building Lease Agreement with 20-0302 the Federal Aviation Administration for the Air Traffic Control Tower at Fort Worth Alliance Airport for the Annual Amount of $154,728.00 (COUNCIL DISTRICT 7) Speaker/Comment Card 10. M&C Authorize Application for and Acceptance of, if Awarded, a Noise 20-0303 Mitigation Grant from the Federal Aviation Administration in an Amount Up to $8,000,000.00 at Fort Worth Alliance Airport, Authorize Use of Land Credits for City's Match in an Amount Up to $888,889.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) Speaker/Comment Card 11. M&C Authorize the Execution of a Contract with Gra-Tex Utilities, Inc., in 20-0305 the Amount of $4,010,153.00, for the 2016 Water Line and Sanitary Sewer Replacement WSM-F, Part 2 Project, Adopt Appropriation Ordinances and Update the FY2020-2024 Capital Improvement Plan (COUNCIL DISTRICT 8) Speaker/Comment Card 12. M&C Authorize the Execution of a Consent to Assignment of a Hangar 20-0306 Sublease Estoppel, Non-Disturbance, and Assignment Agreement for Lease Site 13745 Wing Way, Hangar A by Tiger Aviation, LLC to Filtration Automation, Inc. at Fort Worth Spinks Airport (COUNCIL DISTRICT 6) Speaker/Comment Card Page 8 of 14 CITY COUNCIL Meeting Agenda May 5,2020 13. M&C Authorize the Execution of an Extension of the Lease Terms of a 20-0307 Hangar and Ground Lease Agreement with Daniel Griffith for Lease Site 32 at Fort Worth Spinks Airport(COUNCIL DISTRICT 6) Speaker/Comment Card 14. M&C Authorize Execution of a Contract with McClendon Construction 20-0308 Company, Inc., in the Amount of $2,602,441.50, for Combined Street Paving Improvements and Water and Sanitary Sewer Main Replacements for 2018 Bond Street Reconstruction Contract 11 Project, Located on Binkley Street, Burchill Road, South and Little Street, Adopt Appropriation Ordinances, and Update the FY 2020-2024 Capital Improvement Plan (COUNCIL DISTRICT 5) Speaker/Comment Card 15. M&C Authorize Execution of a Contract with S.J. Louis Construction of 20-0309 Texas, Ltd., in the Amount of $5,591,888.00 for Sanitary Sewer Main M-280-B Rehabilitation Project Located in Gateway Park, Provide for Additional Project Costs for a Project Total in the Amount of $6,251,215.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 4) Speaker/Comment Card 16. M&C Authorize the Execution of a Contract with Texas Materials Group, 20-0310 dba Texas Bit, in the Amount of $3,496,451.02 for Combined Street Paving Improvements and Water and Sanitary Sewer Main Replacements for 2018 Bond Street Reconstruction Contract 10 Project Located on San Rose Drive, Forbes Court, Noe Street, Freddie Street, and S. Hughes Avenue, Adopt Appropriation Ordinances and Update the FY 2020-2024 CIP (COUNCIL DISTRICT 5) Speaker/Comment Card 17. M&C Adopt Appropriation Ordinance in the Amount of $155,000.00 for 20-0312 Increased Project Costs for Northside II 48-inch Water Main, Phase I, from Heritage Trace Parkway to Alta Vista Road (COUNCIL DISTRICT 2) Speaker/Comment Card Page 9 of 14 CITY COUNCIL Meeting Agenda May 5,2020 18. M&C Adopt Appropriation Ordinance in the Amount of $85,253.00 for 20-0313 Increased Project Costs for the Sycamore Creek Sanitary Sewer Relief Interceptor, Phase 3 from Vickery Boulevard to Cobb Park Drive Project(COUNCIL DISTRICT 8) Speaker/Comment Card 19. M&C Authorize the Execution of Change Order No. 1 in the Amount of 20-0314 $118,610.00 and the Addition of 300 Calendar Days to a Contract with North Texas Contracting, Inc., for Construction Related to Water Relocation on State Highway 114, Part 3, for a Total Revised Contract Amount of $2,524,305.00, and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) Speaker/Comment Card 20. M&C Authorize Execution of a Community Facilities Agreement with 20-0315 Stillwater Capital Investments, LLC, with City Participation in an Amount Not to Exceed $462,725.00 for Relocation of a Twenty-Four Inch Sewer Main in the Area North of White Settlement Road and East of the West Fork Trinity River in the City of Fort Worth (COUNCIL DISTRICT 7) Speaker/Comment Card 21. M&C Ratify an Emergency Contract with Conatser Construction TX, LP, 20-0316 in the Final Amount of $367,118.65 for Emergency Sanitary Sewer Repair Work Performed on Trinity Park and Trinity River Tributary Creek(COUNCIL DISTRICT 4) Speaker/Comment Card 22. M&C Adopt Appropriation Ordinance in the Amount of $150,250.00 for 20-0319 Project Management and Material Testing for Sanitary Sewer Rehabilitation, Contract 119, on 23rd Street Project (COUNCIL DISTRICT 2) Speaker/Comment Card 23. M&C Authorize Execution of an Engineering Agreement with CP&Y, Inc. 20-0317 in the Amount of $277,159.00 for Sanitary Sewer Rehabilitation, Contract 102 Project in the Bluebonnet Hills, Westcliff West, Westcliff, Colonial Hills and Como Neighborhood Areas and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 3, 5 and 9) Speaker/Comment Card Page 10 of 14 CITY COUNCIL Meeting Agenda May 5,2020 24. M&C Authorize the Execution of a Standard Agreement for Engineering 20-0320 Related Professional Services with Larry O'Flinn, LLC, in an Amount up to $387,900.00 to Provide Engineering Services for Capital Improvements at North Z. Boaz Park (2018 BOND PROGRAM) (COUNCIL DISTRICT 3) Speaker/Comment Card 25. M&C Authorize Execution of Amendment No. 1 to an Engineering 20-0321 Agreement with Pacheco Koch Consulting Engineers, Inc. to Provide Additional Engineering Design Services for Fire Station Park Phase I Development in an Amount Not to Exceed $124,828.00, for a Total Contract Value of$134,828.00 (COUNCIL DISTRICT 9) Speaker/Comment Card 26. M&C Authorize the Increase in the Amount of $97,488.00 for Additional 20-0322 Project Costs for Westside Water Treatment Plant Plate Settler Expansion Project and Adopt Appropriation Ordinances (Tarrant County Outside of COUNCIL DISTRICT 3) Speaker/Comment Card PRESENTATIONS BY THE CITY SECRETARY- CONSENT ITEMS - NONE 1. 20-0426 Notice of Claims for Alleged Damages and/or Injuries RESOLUTIONS 1. 20-0739 A Resolution of the City Council of the City of Fort Worth, Texas, Ratifying the Time Change for the May 5, 2020, City Council Work Session and Council meeting and Canceling the Regularly Scheduled City Council Work Session and City Council Meeting for May 12, 2020 Speaker/Comment Card 2. 20-0740 A Resolution to Authorize Text Amendments to the Near Southside Development Standards and Guidelines and Initiation of Rezoning for Certain Properties in the Hemphill Street Corridor in Accordance with the Comprehensive Plan Speaker/Comment Card Page 11 of 14 CITY COUNCIL Meeting Agenda May 5,2020 PUBLIC HEARING 1. M&C Conduct Public Hearing and Adopt Ordinance Renewing Tax Abatement 20-0284 Reinvestment Zone No. 90, City of Fort Worth, Texas, for Property Located at the Northeast Corner of Alliance Gateway and Park Vista Boulevard owned by Winner, LLC for an Additional Five-Year Term (COUNCIL DISTRICT 7) (PUBLIC HEARING - a. Report of City Staff Robert Sturns; b. Citizen Presentations; c. Council Action: Close Public Hearing and Act on M&C) Speaker/Comment Card ZONING HEARING 1. ZC-20-026 (CD4) Custer Commons LP, 8681 N. Beach Street; From: "E" Neighborhood Commercial To: PD/D Planned Development for all uses in "D" High Density Multifamily with waivers to (MFD) Multifamily Development Submittal, parking, height and screening fence; site plan included 15.35 acres (Recommended for Approval by the Zoning Commission) (Continued from a Previous Meeting) Speaker/Comment Card REPORT OF THE CITY MANAGER A. Benefit Hearing-NONE B. General 1. M&C Adopt Amended and Restated Ordinance Authorizing Issuance of 20-0266 Tax Notes in an Aggregate Principal Amount Not to Exceed $28,800,000.00, Approving Sale of the Notes, Establishing Parameters with Respect to Sale of the Notes, Delegating to Designated City Officials Authority to Effect Sale of the Notes by Competitive Bid or Negotiated Sale, Expressing Official Intent for City to Reimburse Itself for Certain Eligible Expenditures, Enacting Other Provisions Related to the Subject, and Declaring an Immediate Effective Date; and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) Speaker/Comment Card Page 12 of 14 CITY COUNCIL Meeting Agenda May 5,2020 2. M&C Adopt Ordinance Temporarily Suspending Certain Provisions and 20-0267 Extending Deadlines for Remittance of Hotel Occupancy Taxes (HOT) and the Payment of Tourism Public Improvement District Assessments (PID) and Eliminating Penalties, Interest, and Fees for Certain Tourism PID Assessments and Freezing Such Amounts for Certain HOT Collections; Adopt a Resolution Amending the Tourism PID's Fiscal Year 2019-2020 Budget and Eight-Year Service Plan, and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) Speaker/Comment Card 3. M&C Authorize Application for and Acceptance of a Grant, if Awarded, 20-0304 from the Federal Aviation Administration in an Amount Up to $36,300,000.00, Authorize the Use of Land Credits in an Amount Up to $4,033,334.00 for the City's In-Kind Local Ten Percent Match for Reimbursement to the North Central Texas Council of Governments for Funds Advanced in Connection with the Runway Extension Project at Fort Worth Alliance Airport, and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) Speaker/Comment Card C. Purchase of Equipment,Materials, and Services -NONE D. Land-NONE E. Planning&Zoning-NONE F. Award of Contract 1. M&C Authorize Execution of a Five-Year Tax Abatement Agreement 20-0287 with Antonio Rodriguez and Maria G. Rodriguez for the Construction of a Single-Family Dwelling of Approximately 1,697 Square Feet and Having a Cost of at Least $156,300.00 on Property Located at 2717 Virginia Court in the Vintage Riverside Neighborhood and Within Neighborhood Empowerment Zone and Reinvestment Zone Area Four(COUNCIL DISTRICT 9) Speaker/Comment Card Page 13 of 14 CITY COUNCIL Meeting Agenda May 5,2020 2. M&C Authorize Execution of a Five-Year Tax Abatement Agreement with 20-0289 Kimberly E.D. Bass for the Construction of a Single-Family Dwelling of Approximately 2,515 Square Feet and Having a Cost of at Least $315,000.00 on Property Located at 5225 Cox Street, in the Stop Six Sunrise Neighborhood and Within Neighborhood Empowerment Zone and Reinvestment Zone Area Six (COUNCIL DISTRICT 5) Speaker/Comment Card 3. M&C Authorize Interlocal Agreement with the Cities of Lake Worth and 20-0297 Saginaw for Dispatching Services, Authorize the Fire Department to Accept Reimbursements for One-Time Costs for Initial Equipment Installment and Reoccurring Annual Costs for Dispatching Services, and Adopt Appropriation Ordinances (ALL COUNCIL DISTRICTS) Speaker/Comment Card EXECUTIVE SESSION (CITY COUNCIL CONFERENCE ROOM, CITY HALL,ROOM 290) - SEE ATTACHMENT B 1. 20-0472 Executive Session B ADJOURNMENT Members of the City Council may be participating remotely in compliance with the Texas Open Meetings Act, Council Rules of Procedure, or under the provisions provided by the Governor of Texas in conjunction with the Declaration of Disaster enacted March 13, 2020. I,the undersigned authority do hereby certify that this Notice of Meeting was posted on the City of Fort Worth official website and said Notice was posted on the following date and time Friday,May 1, 2020 at 4:00 p.m. and remained so posted continuously for at least 72 hours prior to the scheduled time of said meeting. /sb/Mary J. Kayser, City Secretary for the City of Fort Worth, Texas Page 14 of 14