Loading...
HomeMy WebLinkAboutContract 46858 CITY SECRETAW' I 4� CONTRACT CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Garver LLC, authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Oncor Utility Relocation Along North Main Street. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall be in the amount of $384,000.00 as set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but 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. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services OFFICIAL RECORD Revised Date:9/24/2014 Page 1 of 16 CITY SECRETARY FT.WORTH,TX (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 2 of 16 (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 3 of 16 ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 4 of 16 matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 5 of 16 facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:912412014 Page 6 of 16 acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. City of Fort Worth,Texas Standard Agreern ent for Engineering Related Design Services Revised Date:9/24/2014 Page 7 of 16 d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 8 of 16 m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 9 of 16 amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 10 of 16 D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 11 of 16 no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 12 of 16 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 13 of 16 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's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 14 of 16 I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 15 of 16 Attachment E - Location Map Executed and effective this the 22.�Jday of J-1, , 20 BY: BY: CITY OF FORT WORTH ENGINEER Garver, LLC Fernando Costa Frank Mclllwain Assistant City Manager Senior Vice President Date: 7/22/t 5 Date: ��2�i�' T � APPROVAL RECOMMENDED: By: William Welstead, AAE Director, Aviation APPROVED AS TO FORM AND M&C No.: LEGALITY M&C Date: By: Grant Jord n Assistant City Attomey ATTEST: '�OR!, , 1 0 o ° M ry �%o City Secr ry City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 OFFICIAL RECORD Page 16 of 16 CITY SECRETARY FT.WORTH,TX ATTACHMENT "A" Scope for Engineering Design Related Services for Aviation Improvements The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The project is for engineering services to design, bid, and construct utility relocation improvements along Main Street totaling approximately 8,000 LF of Main Street (US 287) from NW 38r`' Street to the airport entrance near the fuel farm. The project will provide the following improvements to the west side of Main Street: relocation of above-ground electrical service lines, relocation of Oncor service lines, relocation of utility conflicts caused by the relocation of these lines including water, sanitary sewer, and storm sewer lines. The project will require coordination with the Fort Worth Transportation & Public Works Department, the Texas Department of Transportation (TxDOT), and BNSF Railway. WORK TO BE PERFORMED Task 1. Project Management Task 2. Preliminary Design Task 3. Final Design Task 4. Bid Phase Services Task 5. Construction Phase Services Task 6. Survey and Subsurface Utility Engineering Services Task 7. Permitting TASK 1. PROJECT MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 13 • Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Conduct and document monthly project update meetings with CITY Project Manager • Conduct review meetings with the CITY at the end of each design phase • Conduct and document weekly design team meetings • 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 progress reports in the format provided by the respective CITY Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly M/WBE Report Form and Final Summary Payment Report Form TASK 2. PRELIMINARY DESIGN (60 PERCENT). The Preliminary Design 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 2 of 13 2.1. Data Collection • In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. • The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re-routing plans. 2.2. Subsurface Utility Engineering • Provide Subsurface Utility Engineering (SUE) per Task 6. 2.3. The Preliminary Design Package shall include the following: • Preliminary cover and index of sheets including project limits, area location map and beginning and end station limits. • Safety and Phasing Plan: Develop a phasing plan utilizing standard traffic reroute configurations posted as "Typicals" on the CITY's Buzzsaw website. The typicals need not be sealed individually, if included in the sealed contract documents. The phasing plan shall be incorporated into the design drawings and are to include taxiway and/or lane closures. • Proposed phasing of any electrical, water, sanitary sewer, and/or drainage work that is included in this project documented in both the project schedule and narrative form. • Electrical relocation design including boring plans, conduit layout, concrete pad design, cabling layout, and service and meter base layouts. • Documentation of key design decisions. • Estimates of probable construction cost. 2.4. Utility Clearance • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future)that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • The ENGINEER shall upload individual DWF files for each plan sheet of the approved preliminary plan set to the designated project folder in Buzzsaw for forwarding to all utility companies which have facilities within the limits of the project. The DWF files should be created directly from the CAD files as opposed to PDF files. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 3 of 13 ASSUMPTIONS • All storm water calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006. • Two (2) sets of half size plans will be delivered for the 60% design for Utility Clearance. Half size plans will be reviewed at a project update meeting. • One (1) set of specifications will be delivered for the 60% design. • DWF and PDF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw. • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. DELIVERABLES A. Preliminary Design drawings and specifications B. Utility Clearance drawings C. Estimates of probable construction cost TASK 3. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). • Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • Final draft construction plans (90%) and 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 estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use ONLY standard CITY bid items. ASSUMPTIONS • Two 2' sets of Half size drawings and Two (2) specifications will be delivered for the 100% Design package. • A DWF file for the 100 % Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. DELIVERABLES A. 90% and 100% construction plans and specifications. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 4 of 13 B. 100% construction plans and specifications. C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. D. Original cover mylar for the signatures of authorized CITY officials. TASK 4. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 4.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. • Contract documents shall be uploaded in a .xls file. • Plan Sets are to be uploaded to Buzzsaw 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 shall sell contract documents and maintain a plan holders list on Buzzsaw from documents sold and from Contractor's uploaded Plan Holder Registrations in Buzzsaw. • 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 Buzzsaw 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 Buzzsaw 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 Buzzsaw. • Incorporate all addenda into the contract documents and issue conformed sets. 4.2 Final Design Drawings City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 5 of 13 • Final Design Drawings shall 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 (created from CAD application of drawing) for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall be created from the original CAD drawing filess and 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 Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in Buzzsaw. • In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet as an individual DWG file with all reference files integrated into the sheet. If the plans were prepared in DGN format, they shall be converted to DWG prior to uploading. The naming convention to be used for the DWG files shall be as follows: I. TPW files shall use the W number as for PDF and DWF files, but shall include the sheet number in the name—"W-1956—SHT01.dwg", "W- 1956_SHT02.dwg", etc. II. Water and Sewer file names shall use the X number as for PDF and DWF files, but shall include the sheet number in the name — "X- 12155—SHT01.dwg", "X-12755—SHT02.dwg", etc. 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. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 6 of 13 ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • Full-size sets of construction documents will be sold to and made available on Buzzsaw for plan holders and/or given to plan viewing rooms. • Full-size sets of construction documents will be printed and made available for purchase by planholders and/or given to plan viewing rooms. • Three 3 sets of Half-size plans and specifications (conformed, if applicable) will be delivered to the CITY. • PDF, DWF and DWG files will be uploaded to Buzzsaw. DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Construction documents (conformed, if applicable) TASK 5. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 5.1 Construction Support • The ENGINEER shall attend the preconstruction conference. • After the pre-construction conference, the ENGINEER shall provide project exhibits and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. • 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 Buzzsaw. • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. • The ENGINEER shall attend the "Final' project walk through and assist with preparation of final punch list. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 7 of 13 5.2 Record Drawings • The ENGINEER shall prepare record drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o As-Built Survey o Red-Line Markups from the Contractor o Red-Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions • The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of 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" City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 8 of 13 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 Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in Buzzsaw. 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 • Eight(8) site visits are assumed. • 20 submittal reviews are assumed. • 4 RFI's are assumed. • 2 Change Orders are assumed. • One copy of full size (22"04") mylars will be delivered to the CITY 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 TASK 6. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 6.1. Design Survey • ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert: elevations, location of buried utilities, structures, 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. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 9 of 13 • The minimum survey information to be provided on the plans shall include the following: - A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: - The following information about each Control Point; a. Identified (Existing. CITY Monument#8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). - Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. - No less than two horizontal bench marks, per line or location. - Bearings given on all proposed centerlines, or baselines. - Station equations relating utilities to paving, when appropriate. 6.2. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE)to Quality Level A as described below. The SUE shall be performed in accordance with CI/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., actiive, 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 ^v) • Identify surface features, from project topographic data and from field observations, that are surface appurtenances of subsurface utilities. • Include survey and correlation of aerial or ground-mounted utility facilities in Quality Level C tasks. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 10 of 13 • 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 Q • 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. • 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. Provide Subsurface Utility Engineering (SUE)to Quality Level A as described below. The SUE shall be performed in accordance with CI/ASCE 38-02. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 11 of 13 6.3. Construction Survey • The Construction Survey will be performed by the contractor. • Be available to the CITY on matters concerning the layout of the project during its construction DELIVERABLES A. Drawing of the project layout with dimensions and coordinate list. B. SUE plan drawings sealed by a professional engineer registered in the State of Texas. TASK 7. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows. 7.1. Texas Department of Transportation (TxDOT) Permit • Meet, negotiate and coordinate to obtain approval of the agency issuing the agreement and/or permits. • Completing all forms/applications necessary. • Submitting forms/applications for CITY and TxDOT review • Submitting revised forms for agency review • Responding to agency comments and requests 7.2. Railroad Permit • Meet, negotiate and coordinate to obtain approval of the agency issuing the agreement and/or permits. • Completing all forms/applications necessary. • Submitting forms/applications for CITY review • Submitting revised forms for agency review • Responding to agency comments and requests ASSUMPTIONS • Permit preparation will begin after approval of the Conceptual Design. • Four(4) meetings are assumed with agency required for the permits. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 12 of 13 Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re-bidding of the contract for construction. • Construction survey services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. • Provide construction of overhead and underground primary cabling. • Provide construction of utility poles and guying. • Provide construction of pad-mounted service transformers or switchgear. • Provide fault current utility data or cable pulling calculations. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 13 of 13 EXHIBIT "B" Engineering Agreement for Oncor Utility Relocation along North Main Street SUMMARY OF TOTAL PROJECT FEES Consulting Firm Prime Responsibility Amount % Prime Consultant: Garver, LLC $304,965.00 79 Proposed M/WBE Sub-Consultants Amount % Arrendondo, Zepeda & $79,835.00 21 Brunz, LLC Non-M/WBE Consultants: NONE Project Description Scope of Services Total Fee MWBE Fee Percent Utility Relocation Surveying Services $384,800 $79,835 21% City M/WBE Goal =21 % M O N r O W t0 A N O N N O N V N W .� O W M W to r MOON. H a � � fiT fA M �EH fl3 fA fA A Hi fA fA(9 H1�ff!fA 69 H3 H3(A fA fA fA fA W Y N A f v u� o ono 0 ooa o0�u;0000 00000000000000 C M � to� fA fA FA fA �f9��EA fA 69 f9 fR(H fA uJ V3 fR fA fA f9(A to N N fR %N w U m 0 c oa o 0 O 3 a 0 a m m Y]O N O itJ N M � N 43 f9 d f9 Vf to W 7 9 i C ~ m w C � A C j O L Z a w w � m C OV aJ N AO br3fA MfA �OJfrA6N4YN�-iWNfA f7MAHN}ftf+]1 NfAfNA Yr?ir(VAbV?EthAfA OafAptN auEA"i fVAON MfN p pMOW WO NM OO OrO Ov N IOSO OO RV- -b j O p _ NA U A v� N r 41 Z - aYwm Q c aCL LU C � 1.0 U a as ui C y y K deo $ a a N > CO 'J ~ 0 C w .O O a m mw o•- a` U LU U N� d W O C eo 0 A r O w N U O` a o m is Of L 3 c C U U ` C UJ N N C U U G m.0 3 E m m ) w LL o m o 0 m f/`7 O.'c fn 0 c E m Eo a m a c m z v O F Q Q > w O O 0 m w w u N N NE- 3-- N O'y-' E .0 _ .�W W 1p L L L E r m� $ p W 'y a o R F m c o m m m U U o 0 0 0 m Q w u� d O d c aci E' - - Z o E f6 c m m o c q E N m � c o o m m m is o. .O '�O p tp C C C C N N A! d E d m m _ �-a a a m=a c. m o a O a s cq a d m °� `o m o m m � a� U aooiiUc�c�c�oc�iima`Orn��rnrnpOi-c> 'coi o .. LU G FNM V �n cor �m N NN M V to M r W m O r N M V�2(D W O)N N K-O C) O N N N N N N N N N N N N N N N N N N N N N L G N 0 J O 3 m- 0 C LL O W Ep L U `5 v¢a M 0 M O O W N O cD,0 0 0 0 0 0 Q Q O cp c0 �0 O N ro N O M O N m r Q N Q M (O N O O N(O(O N(O(O of N Q (fl O O N O W 6 N (fl Q D7 O(O V Q M N ID�(P�-O 3 � N y m F a N O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N O O O O O O K1 � N n. � of i» iso cn ici K o W U m O F 9 O Q a a � c ~ a a w w o� c O c Z O O p U = W n 0] N C •O O M O (fl W N O M N O O O O O O Q Q O W of O O N CO N O(D V W V m� »u�F» »- e»�sv�E»F»va es ea F»F»rfl ca of v3 a» e» w w<»ev ei O @ r Z QI z: N N L R ❑ W m E J fL m d V Z w0 m� O O L a ❑ N N M N N M M � ❑ //,� U w J O M N r N a N L � � W � O C 9 C m J N Q N Q(fl O Q N Q Q Q Q N CO Q N CO N N O OJ N W N Q�N _ O'- w M O N V Q O V Q O U a N M o c � � o O� a U O� a`'p a m 2 c a - N am N m E y U a O t0 O a ❑ c a oa `m U m m.� � � ° c.. E ma m Y N `°-0 H v y x t D 2 o f c6 E a c c a 16 o =m 3 ❑ a�� caw N mLL U UQ��-��� o cU t U= °c o no "v mem c `o o a o 3 d m 3 `o ° aZi m m a3i v a o m m c o o v a a '_'Q K iq o �na0❑ULL'n wF ��nwrnUO aFi�U� mm o .. Q N W ry N N M Q u7(fl h W O O�-N Q NCO I� N m O N N Q Q Q V x O p a a r J N O ar }y W— L" =U 2 a _ E O ° a O U Q d M O R CO W W V tp O N N N W M M N M O M n� V W A.- A (O W V A S W m A W a FA f!-1 W fA N�fA(H fA fA fR fA V3 n M d' fA�n D)W A c N W 3 W fA fR fH fq fA 1A fA M N to fA N3 M N W 4 Hl Y y R d �0 0 0 A i A O O O O O O t O A 0 NON O O O N A N C O (A to 47 M V Hi H3 64 N O�O M O M 1A fA Yi O y 0 C C� O 0 G VO y6 j�-.. O LU p nM fA fA m N f0 X y y10 .0 V iU O O F c6 O N O m~ 0 3 N d Fo F rn cn w o. m m 0 o n o n o 0 o n o. in co o O QOM N O to 19 W fn(n w H 19 tR C w w m U m m O O y Z LL' vof w v a`s's o a c ~ F1m Lj mw rn w c � R c j O c Z m w rn m n c�J V A O N N N C O V V r p O 0 0 0 O O O W N(O M O O t0 W N W O W A�-N W W N O aq tf3 fry A N�O N Y a A N N W 7 W A WOO V VN V n�(pA V j N M N O N V N 1rf l(1 O O _ O EA 64 � 69 N��fA H3 H3 69 69 64 69 rM�EA N O R U y} @ F ZCD d cD f0 O p p eW+f L Q V C a Q W J (nm y VZ m o 0 0 0 00 p �. U Q W 0 O = y fA OL m W Wm o ar�i`°v N C 'a > + U n wo 0 o M N0 C � w '@ o a R m� N O'- a` U LU M O O N N N � U d N d � O C n " oN» d U O d a` p m y W R R « D w Q ? d O O fymf cO L p O V7 .a y m o N o 0 3=o o � O U N O O � o f L o N N y d U m an d t 'v m o o y U R E a ~ -O m G O M d 0�_ 3 L O Y 3 U U U U UJ m R R R R O a E j-o�""'p" corn 5 d� m � ,m3 2 c'm E m m—D x n o Cyd � .oaL a'> co ;mm OLL aN ¢ F o o¢Oarn v����L o o�� Eorn rno UU KU .q 2 d9m o O A NA LLHtyOC JmCdd>� 'SOdW= OXN WNM Udc�� U— E dR@ O U 5<� i�¢a w; 7 I a r �I `I N a r m c I v u I 0 i T C y N m O C y O 2 ii O a` d o 0 t3 In O' 1 d I m 0 s m m E E C i A C A A p 0 C N cN ~ L � m Qa a w Ln in Ln Ln in in Ln Ln Ln %o Io ko Io v \ \ \ \ \ \ \ \ \ \ \ \ \ 01 O V1 P N N O N L7 1n L!1 H N \ .-1 .-� N N .-/ \ M w \ \ \ \ 'C ^ w P P OO o0 N = N N P „O, O N LL n 7 - v c c c - O c c 7 E .0 LL w O O c O c c O O r d N d E J 30 0 0r f r Ln Ln Ln ,n Ln Ln Ln Ln Ln Ln Ln Io Io Io EE \ m N N �.. d d ui M M .� N ui ui �o m m m �..� �..� N N \ \ \ 4 rl W W C C C N N u1 \ \ \ \ \ \ ti vi V v � n �. a0 CO 0 14 14 ry w t\v N w w C 7 w w ~ w w ~ 7 c w o CI T > > > > > > > > > > > > > N N u1 m m m Ln u1 u1 O u1 O O O CO C ry ry ry m W4 ry rl rl m O i L N m _ m Y r y E u w I m A > m m c a E c E �c O` w = u O OO c 2' =i v a > vii "E v E M u o oO Ti w ?' >w v n u o N i w 2 w o. cr a \ ii co m o 3 11 O N > W O i Nw N v a S L Z c w w m C, >3 7 > w > c O 'a v O = O a O yl A Q C a ii u u ` u -a >t o u 2 u 2 otS c 0 0 -o a) O m c m c m 3 d u u ¢ O 0 a O U) O U) ¢ u $ H WLA ti ti\ n ® ® _ N d 5 O_i H N M O ul �O P m a` a 1220 287 Saginaw 1. iW,e"stemCenter Blvd z� Blue Mound 4r to Longhom Rd 156 b Orth Nature er&Refuge ly9 Meacham Caird - 287 � m a artl z S 199 Intematio I Airp+art `' Broadwray. Lake Worth Sansom Park Ks *-Longue I. }�7 a Hatt Stockyar s Stations � rn 199 Joe . Garcia's r9t m River Oaks "'`" p Val Air Station Joint Re rve Base Fort Worth 'u 287 Ckft-d St el St S� White Westworth _ 347 r , Settlement Village ., Fort W y 1-- m euro - _ FQ n Center Ilk BUS 287 ,ii m N Fort Worth Zoo U Legend W Bent►St = A y Primary Line Relocation 1 � r 3 r Areas to be Served by 6ervice Line Relocation s QD a, 3 Benbrook For City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/9/2015 - Ordinance No. 21776-06-2015 DATE: Tuesday, June 09, 2015 REFERENCE NO.: G-18499 LOG NAME: 55FTW ONCOR UTILITY RELOC ALONG N MAIN ST DESIGN (02187) SUBJECT: Authorize Use of Revenue Derived from Mineral Leases on Airport Property in an Amount Up to $1,500,000.00 for Phase 1 of the Airport Improvements Program Along North Main Street at Fort Worth Meacham International Airport, Adopt Appropriation Ordinance, Authorize Execution of a Utility Relocation Reimbursement Agreement with Oncor Electric Delivery Company LLC, in an Amount Up to $1,115,200.00 and Authorize Execution of an Engineering Services Agreement with Garver, LLC, in an Amount Up to $384,800.00 (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the use of revenue derived from mineral leases on airport property in an amount up to $1,500,000.00 for Phase 1 of the Airport Improvements Program along North Main Street at Fort Worth Meacham International Airport; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Airports Gas Lease Project Fund in an amount up to $1,500,000.00; 3. Authorize the execution of a Utility Relocation Reimbursement Agreement with Oncor Electric Delivery Company LLC, in an amount up to $1,115,200.00 to bury electric delivery lines on airport property; and 4. Authorize the execution of an Engineering Services Agreement with Garver, LLC, in an amount up to $384,800.00 for engineering services associated with the Oncor Utility Relocation. DISCUSSION: On November 5, 2013, (M&C C-26550) the City Council authorized the execution of an Engineering Services Agreement with Garver, LLC, in the amount of$356,092.00 for the design of Airport Improvements along North Main Street at Fort Worth Meacham International Airport (Meacham Airport). As part of this Agreement, it was determined that the section along North Main Street at Meacham Airport, starting just south of Interstate 820 and following North Main Street south to 38th Street, would benefit most from this improvement. The Improvement Program will correct deficiencies, increase available development and create a cleaner, more attractive entry to the airport while increasing opportunities for interorganizational/joint infrastructure, using a phased approach. The phasing is necessary to allow each project to be completed as funding becomes available. The primary areas to be addressed are: • PROJECT I: Utility Relocation - Bury electric delivery lines along North Main Street; • PROJECT II: Drainage and Fencing Improvements - Replacement of existing retaining walls; Curbing between Terminal Road and Meacham Boulevard; Storm drainage between Terminal Road Logname: 55FTW ONCOR UTILITY RELOC ALONG N MAIN ST DESIGN (02187) Page 1 of 3 and Meacham Boulevard; New perimeter fence along North Main Street; and . PROJECT III: Landscaping, Lighting and Signage - Landscaping and irrigation systems; New street lighting; and New airport signage. The original Agreement with Garver, LLC, did not include design of Oncor's Utility Relocation as it was believed, at the time, that design would be completed by Oncor. It has since been determined that it would be more time and cost efficient to have Garver, LLC, complete the design for this project. Garver, LLC, has been tasked to complete engineering services for the design and construction of utility relocation improvements along 8,000 Linear Feet (LF) of North Main Street (US 287) from NW 38th Street to the airport entrance Gate 1, north of the airport fuel farm. The project will provide the following improvements to the east side of Meacham Airport along North Main Street: relocation of above-ground electrical service lines, relocation of Oncor service lines, relocation of utility conflicts caused by the relocation of these lines including water, sanitary sewer and storm sewer lines. The project will require coordination with the Fort Worth Transportation and Public Works Department, the Texas Department of Transportation (TxDOT) and Burlington Northern Santa Fe (BNSF) Railway. Because Oncor facilities and equipment located along North Main Street will be affected, an Agreement needs to be initiated with Oncor for the coordination of all activities associated with the design and relocation of their electric delivery lines and equipment in this area. Upon completion, Oncor will be paid by the City for all of the costs associated with the relocation in an amount up to $1,115,200.00. Upon approval of this Mayor and Council Communication, appropriations for the North Main Street Improvements at Meacham Airport project will consist of the following: North Main Street Design Agreement with Garver, LLC (M&C C-26550) $ 356,092.00 Garver, LLC Design of Oncor Utility Relocation $. 384,800.00 Utility Relocation Agreement with Oncor, LLC $1,115,200.00 Project Management. Administration and Related Expenses $ 50.000.00 Total Project Appropriations $1,906,092.00 M/WBE OFFICE - Garver, LLC, is in compliance with the City's BDE Ordinance by committing to 21 percent SBE participation on this project. The City's SBE goal on this project is 21 percent. A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the M/WBE Office, in accordance with the M/WBE or BDE Ordinance, because the purchase of goods or services from source(s) where subcontracting or supplier opportunities are negligible. This project is located in COUNCIL DISTRICT 2, Mapsco 48P. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds are available in the Airports Gas Lease Project Fund - Royalty Account, for both the Garver, LLC, Design and Oncor Utility Relocation Agreements, as depicted in the table below. Fund Available Appropriation Remaining Unspecified to Project Available Amount Unspecified _ _ __ Amount _ Airports Gas Lease Project $4,494,103.06 [$1,500,000.00 $2,994,103.06 Fund - Royalty Account FUND CENTERS: Logname: 55FTW ONCOR UTILITY RELOC ALONG N MAIN ST DESIGN (02187) Page 2 of 3 TO Fund/Account/Centers FROM Fund/Account/Centers 2) P240 539120 551929990100 $1,500.000.00 3) P240 541200 552810218780 $1,115.200.00 2) P240 446200 551929990100 $1.500,000.00 4) P240 539120 552810218730 $384,800.00 2) P240 541200 552810218780 $1,115,200.00 2) P240 539120 552810218730 $384,800.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Bill Welstead (5402) Additional Information Contact: Ruseena Johnson (5407) ATTACHMENTS 1. 55FTW ONCOR UTILITY RELOC ALONG N MAIN ST DESIGN (02187) P240 AO15.docx (Public) 2. Approved OncorWaiver.pdf (CFW Internal) 3. Compliance Utility Design-2187.pdf (CFW Internal) 4. EPLS Garver-LLC.pdf (CFW Internal) 5. EPLS Oncor-LLC.Pdf (CFW Internal) 6. EXHIBIT-ONCOR - Electrical Service Relocation Improvements.pdf (Public) 7. p240 446200 unsp.PNG (CFW Internal) 8. 12240 539120 unsp..PNG (CFW Internal) 9. Util Reloc FAR (Oncor Garver).pdf (CFW Internal) Logname: 55FTW ONCOR UTILITY RELOC ALONG N MAIN ST DESIGN (02187) Page 3 of 3