HomeMy WebLinkAboutContract 55914CSC No. 55914
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEM ENT is between the City of Fort Worth, a Texas home-rule municipaliiy
("CITY"), and Kimley-Horn and Associates, Inc., authorized to do business in Texas,
("ENGINEER"),fora PROJECTgenerallydescribed as: Evaluation ofthe Pedestrian High
Injury Network.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A. Negotiated changes to this
Agreement, if any, are included in Attachment C.
Article II
Compensation
The ENGINEER's compensation shall be in the amount up to $99,860 as set forth
in Attachment B. Payment shall be considered full compensation for all labor (including all
benefits, overhead and markups), materials, supplies, and equipment necessary to
complete the Services.
Engineer shall provide monthly invoices to City. The Engineer shall provide the City
sufficientdocumentation, including but not limited to meeting the requirements set forth in
Attachment D to this AGREEMENT, to reasonably substantiate the invoices.
Payments for services rendered shall be made in accordance with the Texas
Prompt Payment Act (Texas Government Code Ch. 2251).
Acceptance by Engineer of said payment shall release City from all claims or
liabilities under this Agreement for anything related to, performed, or furnished in
connection with the Services forwhich payment is made, including any actor omission of
City in connection with such Services.
Article III
Term
Time is of the essence. 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 pursuant to the schedule, whichever occurs first. Unless
specifically otherwise amended, the original term shall not exceed five years from the
original effective date:
City of Fort Worth, Texas
Standard Agreement fa- Engineering Related Design Services
Revised Date: May7, 2021
Page 1 of 14
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Article IV
Obligations of the Engineer
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 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
workto be performedhereunder. The ENGINEERshall also advisethe
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 PROJ ECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
City of Fort Worth, Texas
Standard Agreement fa- Engineering Related Design Services
Revised Date: May7, 2021
Page 2 of 14
D. Preparation of Engineering Drawings
The ENGINEERwill 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 PROJ ECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER'spersonnel at a construction site,
whether as on-site representatives orotherwise, do not makethe 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
accordancewith 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 familiarwith the progress
or quality of the completed work on the PROJ ECT 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 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 contractdocuments, the ENGINEERshall 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
City of Fort Worth, Texas
Standard Agreement fa- Engineering Related Design Services
Revised Date: May7, 2021
Page 3 of 14
(1) The ENGINEERshall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with AttachmentA.
(2) In providing opinions of cost, financial analyses, economic feasibiliiy
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 factorsthat may materially affectthe 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 ENGINEERto 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 no 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
PROJECTwasfinally constructed. The ENGINEER is not responsible forany
errors or omissions in the information from others that is incorporated into the
record drawings.
Business Equity Participation
City of Fort Worth, Texas
Standard Agreement fa- Engineering Related Design Services
Revised Date: May7, 2021
Page 4 of 14
City has goals for the full and equitable participation of minority business
and/or women business enterprises in City contracts greater than
$100,000. In accordance with the City's Business Equity Ordinance
(Ordinance No. 24535-11-2020 as codified in Chapter 20, Article X of the
City's Code of Ordinances, as amended, and any relevant policy or guidance
documents), the City has goals for the full and equitable participation of
minority business and/or women business enterprises in City contracts
greater than $100,000. Engineer acknowledges the MBE and WBE goals
established for this contract and its execution of this Agreement is Engineer's
written commitment to meet the prescribed MBE and WBE participation
goals. 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 ENGINEERfacilities 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 effectthatthe 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
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 reproduce such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of hard copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
City of Fort Worth, Texas
Standard Agreement fa- Engineering Related Design Services
Revised Date: May7, 2021
Page 5 of 14
K. INSURANCE
Engineer shall not commence work under this Agreement until it has
obtained all insurance required under Attachment F and City has approved
such 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 acknowledgesto 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 PROJECTand 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 ENGINEERwill 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 PROJ ECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to complywith 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 amendment to this AGREEMENT.
P. Schedule
City of Fort Worth, Texas
Standard Agreement fa- Engineering Related Design Services
Revised Date: May7, 2021
Page 6 of 14
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
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 CITYwill 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
withthe ENGINEER'sservices.The CITYwill be responsible forall actsofthe
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay forall advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights-of-way, and
access necessary forthe ENGINEER's services or PROJECT construction.
D. Timely Review
The CITYwill examinethe ENGINEER'sstudies, 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 ENGINEERwhenever 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.
City of Fort Worth, Texas
Standard Agreement fa- Engineering Related Design Services
Revised Date: May7, 2021
Page 7 of 14
(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
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at the 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 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 PROJECTa 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. Litigation Assistance
City of Fort Worth, Texas
Standard Agreement fa- Engineering Related Design Services
Revised Date: May7, 2021
Page 8 of 14
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.
J. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affectthe ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENTwith appropriate
CITY approval.
Article Vl
General Legal Provisions
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 PROJ ECT, whether the PROJ ECT 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 ENGINEERwill be at the CITY'ssole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
CITY and ENGINEER shall exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement, but shall
not be held liable for any delay or omission in performance due to force
majeure or other causes beyond their reasonable control, including, but not
limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters,
epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
D. Termination
City of Fort Worth, Texas
Standard Agreement fa- Engineering Related Design Services
Revised Date: May7, 2021
Page 9 of 14
(1) This AGREEMENTmay beterminated
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
ENGINEERwill be paid fortermination expenses as follows:
a.) Reasonable cost of reproduction or electronic storage of partial or
complete studies, plans, specifications or otherforms of ENGINEER'S
work product;
b.) The reasonable time requirements forthe 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 projected termination
expenses. The CITY'S approval shall 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
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
propertyinfringement, orfailureto paya subcontractororsupplier. CffY
is entitled to recover its reasonable attorney's fees in proportion to the
ENGINEER's liability.
City of Fort Worth, Texas
Standard Agreement fa- Engineering Related Design Services
Revised Date: May7, 2021
Page 10 of 14
G. Assignment
ENGINEER shall not assign all or any part of this AGREEMENTwithout the
prior written consent of CITY.
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 AGREEM ENT shall be Tarrant County,
Texas.
Severability and Survival
If any of the provisions contained in this AGREEMENTare 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 AGREEMENTfor 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 AGREEM ENT 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. Contract Construction/No Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel,
have reviewed and revised Agreement and that the normal rule of contract
construction, to the effect that any ambiguities are to be resolved against
the drafting party, must not be employed in the interpretation of Agreement
or any amendments or exhibits hereto. The failure of CITY or ENGINEER
to insist upon the performance of any term or provision of this Agreement
or to exercise any right granted herein shall not constitute a waiver of CITY's
or ENGINEER's respective right to insist upon appropriate performance or
City of Fort Worth, Texas
Standard Agreement fa- Engineering Related Design Services
Revised Date: May7, 2021
Page 11 of 14
to assert any such right on any future occasion.
L. 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 (I-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all I-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. ENGINEERSHALL INDEMNIFY CITYAND 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.
M. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER acknowledges that in accordance with Chapter 2271 of the
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 fhis contract,
ENGINEER cerfifies that ENGINEER'S signature provides wriften
verification to the CITY that ENGINEER: (1) does not boycott Israel;
and (2) will not boycott Israel during the term of the contract.
City of Fort Worth, Texas
Standard Agreement fa- Engineering Related Design Services
Revised Date: May7, 2021
Page 12 of 14
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
Attachment C- Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E- Location Map— NOT USED
Attachment F — Insurance Requirements
City of Fort Worth, Texas
Standard Agreement fa- Engineering Related Design Services
Revised Date: May7, 2021
Page 13 of 14
T
ATTACHMENT "A"
Scope for Evaluation of the Pedestrian High Injury Network
The scope set forth herein defines the work to be performed by the ENGINEER in
completing the project. Both the CITYand ENGINEER have attempted to clearly define the
work to be performed and address the needs of the Project.
OBJECTIVE
The objective of this project is to provide specific countermeasures to be implemented at the
top ten Pedestrian High InjuryNetworkLocations, in addition to general countermeasures
that can be implemented at other locations on the Pedestrian High Injury Network.
WORK TO BE PERFORMED
Task 1. Project Management
Task 2. Meetings
Task 3. Data Review
Task 4. Field Observations
Task 5. Stakeholder Engagement
Task 6. Documentation
City of Fort Worth, Texas
AttachmentA
PMO Release Date: 0723.2012
Page 1 of 5
Executed by each party's duly authorized representative. Engineer shall, upon request,
provide evidence of authority for a signatory to sign Agreement. This Agreement is effective
on the date subscribed by City's designated Assistant City Manager.
BY:
CITY OF FORT WORTH
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Dana Burghdoff (Jun 25, 2021 2034 CDT)
Dana Burghdoff
Assistant City Manager
Date:
APPROVAL RECOMMENDED:
By:�ti����.,��,�,� ,��,�'�;,z� �,., .�����;
William M. Johnson
Director, Department of Transportation and
Public Works
Contract Compliance Manager:
BY:
ENGINEER
Kimley-Horn and Associates
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Scott, R. Arnold, P.E., PTOE
Vice President
Date: May 24, 2021
By signing, I acknowledge that I am the person responsible for the
monitoring and administration of this contract, including ensuring
all performance and reporting requirements.
c,�� st. Ca�r;�
C.heP,r�:, ;t. Inui ;( lun 1, 202110:02 CDT)
Chelsea St. Louis, AICP, MURP
Chief Transportation Planning Officer
APPROVED AS TO FORM AND LEGALITY
�
Y: DRlack (Jun �5, 7_021 18 OO CDT)
Douglas W. Black
Assistant City Attorney
ATTEST:
(/��\��
M ary J . Kayser
City Secretary
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Form 1295 No.
City of Fort Worth, Texas
Standard Agreement fa Engineering Related Design Services
Revised Date: April7, 2021
Page 16 of 16
1/ : •
M&C Date:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
T
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 team activities.
• Ensure Quality Control / Quality Assurance (QC/QA) is practiced in performance
of the work.
• Communicate internally among team members.
• Task and allocate team resources.
1.2 Communications and Reporting
• 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.
ASSUMPTIONS
• Project is anticipated to take five (5) months.
DELIVERABLES
A. Baseline project schedule.
B. Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes.
C. Monthly project status reports.
TASK 2. MEETINGS.
2.1 Progress Meetings
• ENGINEER will attend up to four (4) progress meetings with the CITY to review
progress, provide updates, and receive feedback on the work.
ASSUMPTIONS
• ENGINEER will prepare all meeting materials.
CITYofFortWorth, Texas Page 2 of 5
AttachmentA
PMO Release Date: 02.06.2015
Page 2 of 5
T
DELIVERABLES
A. Meeting summaries with action items.
TASK 3. DATA REVIEW.
3.1. Review of TxDOT CRIS Crash Data
• ENGINEER will review and evaluate crash data previously used to develop the
Pedestrian, Bicycle, and Vehicle High Injury Networks.
ASSUMPTIONS
• None
DELIVERABLES
A. None
TASK 4. FIELD OBSERVATIONS.
4.1 Field Observations
• ENGINEER will visit up to a total of eight locations from the top 10 pedestrian,
bicycle, and vehicular high Injury networks to determine the presence of barriers,
safety hazards, and other elements contributing to injuries.
• ENGINEER will make up to three (3) site visits to each location if warranted
based on patterns of traffic and times of day experiencing higher crash
frequencies.
• If requested by the CITY, the ENGINEER will coordinate with CITY to include a
staff inember on each site visit.
ASSUMPTIONS
• CITY will provide guidance on times of day to visit locations, as needed.
DELIVERABLES
A. Field observation summary (See Task 6.1).
TASK 5. STAKEHOLDER ENGAGEMENT
ENGINEER will support CITY with engaging stakeholder feedback on the existing safety
concerns and proposed safety countermeasures.
5.1 Stakeholder Meetings
• ENGINEER will attend up to five (5) stakeholder meetings organized by the CITY
to provide support and receive feedback on proposed safety countermeasures.
ASSUMPTIONS
• CITY will determine stakeholders and lead out the public engagement effort.
• CITY will prepare all meeting materials.
CITYofFortWorth, Texas Page 3 of 5
AttachmentA
PMO Release Date: 02.06.2015
Page 3 of 5
T
DELIVERABLES
A. Meeting summaries with ENGINEER action items.
TASK 6. DOCUMENTATION.
ENGINEER will provide documentation ofthe methodologyand results of the evaluation in
the form of a PDF report.
6.1 Field Observation Summary
ENGINEER will provide a summary of the field observations at each location,
including barriers, safety hazards, and other elements observed as potential
contributing factors to high crash frequencies.
6.2 Safety Countermeasure Identification
ENGINEER will identify applicable safety countermeasuresto be implemented at
each of the eight High Injury Network locations based on the results of Task 6.1
and Crash Modification Factors available in the Highway Safety Manual, the
Unsignalized Intersection Improvement Guide, and the Crash Modification
Factors Clearinghouse.
6.3 Corridor Safety Countermeasure Reports
ENGINEER will prepare and submit a draft report for each location detailing the
proposed short-term, mid-term, and long-term safety countermeasures and
opinions of probable construction cost (OPCC) based on the results of Task 6.2.
The ENGINEER has no control over the cost of labor, materials, equipment, or
over the Contractor's methods of determining prices or over competitive bidding
or market conditions. ENGINEER's opinions of probable construction costs are
based on the information known to the ENGINEER at the time and represent only
the ENGINEER'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 the OPCC.
• The reports will consist of:
- Aerial imagery of the location
- A location map
- Crash data, by severity
- Existing hazards
- Description of adjacent land use, traffic volumes
- Proposed short-term, mid-term, and long-term safety countermeasures
- Proposed short-term, mid-term, and long-term safety countermeasure cost
estimates
• ENGINEER will incorporate CITY review comments and submit a final report for
each location.
ASSUMPTIONS
• None
CITYofFortWorth, Texas Page 4 of 5
AttachmentA
PMO Release Date: 02.06.2015
Page 4 of 5
T
DELIVERABLES
A. Electronic copy of each Draft and Final Corridor Safety Countermeasure Reports
in Adobe PDF format.
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in the existing Scope of Services — CITY and
ENGINEER agree that the following services are beyond the Scope of Services described in
the tasks above. However, ENGINEER can provide these services, if needed, upon the
CITY's written request. Any additional amounts paid to the ENGINEER as a result of any
material change to the Scope of the Project shall be agreed upon in writing by both parties
before the services are performed. These additional services include the following:
• Field observations and/or ldentification of Specific Countermeasures for locations
outside of the eight Pedestrian, Bicycle, and Vehicle High Injury Network locations.
• Additional meetings beyond those identified in the scope of services.
• Negotiation of easements or property acquisition.
• Services related to development of the CITY's project financing and/or budget.
• 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.
CITYofFortWorth, Texas Page 5 of 5
AttachmentA
PMO Release Date: 02.06.2015
Page 5 of 5
ATTACHMENT B
COMPENSATION
Evaluation of Pedestnan High Injury Network
Time and Materials with Rate Schedule Project
Compensation
A. The ENGINEER shall be compensated in an hourly amount not-to-exceed
$99,680 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
Pro'ect Director $260
Sr. Pro'ect Mana er $215
Pro'ect En ineer IV $170
Anal st III $150
Anal st II $140
Administrative $100
ii. Non-LaborExpenses. Non-laborexpenses 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.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 1 of 4
�
ATTACHMENT B
COMPENSATION
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 officerof 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.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Transportation and Public Works Department monthly progress reports and
schedules in the format required by the City.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 2 of 4
�
ATTACHMENT B
COMPENSATION
IV
Summary of Total Project Fees
Firm
Prime Consultant
Kimley-Horn and
Associates, Inc.
I Primary Responsibility
Engineering
Fee Amount I o/a
$99,680.00 100%
Proposed MBE/SBE Sub-Consultants
Non-MBE/SBE Consultants
TOTAL � $99,680.00 � 100%
Project Number & Name Total Fee MBE/SBE Fee MBE/SBE
%
Evaluation of the Pedestrian High Injury o
Network $99,680.00 $0 0 /o
City MBE/SBE Goal = 0%
City of Fort Worth, Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 3 of 4
Consultant Committed Goal = 0 %
�
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplementto Attachment B)
Insert required invoiceformat 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
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARDAGREEMENT
Design Services for
Evaluation of the Pedestrian High Injury Network
No changes are proposed to the Standard Agreement.
City of Fort Worth, Texas
AttachmentC
PMO Release Date: 05.19.2010
Page 1 of 1
FORTWORTH
ATTACHMENT "D"
PROJECT SCHEDULE
A. ENGINEER Project Schedule Development
ENGINEER shall prepare a project schedule forthe services to be provided in fulfilling
the requirements of the Agreement and encompassing the Scope of Work defined in
Attachment A to the Agreement.
ENGINEER shall prepare and maintain project schedule throughout the life of the project
as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled
Engineer Project Schedule.
ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for
planned sequencing of the work activity and timing of the work.
B. Schedule "Tier" Selection
City has identified three "Tier" levels for project schedules as defined in City's
Specification 00 31 15, to align with the size and complexity of the project as a basis for
schedule development. City's Project Manager will determine the "Tier" level for the
ENGINEER's project schedule as part of the negotiation of the Agreement.
C. Project Baseline Schedule
ENGINEER will produce an initial project schedule and submit as a"baseline" for review
and acceptance by City's Project Manager as defined in City's Specification 00 31 15
which will be referred to as the Project Baseline Schedule. Updates to the baseline
schedule follow the requirements of City's Specification 00 31 15.
D. Project Progress Schedule
ENGINEER will provide to the City, monthly updates to their project schedule indicating
progress of the Work in compliance with the requirements of City's Specification 00 31
15 and said schedule will be referred to as the Project Progress Schedule.
E. Master Project Schedule
City will develop and maintain a master project schedule for the overall project.
ENGINEER's project baseline and progress schedule submittals will be an integral part
of the development and updating process of City's Master Project Schedule.
City of Fort Worth, Texas
Attachment D
Revision Date: 0720.2018
Page 1 of 1
EXHIBIT F
CITY OF FORT WORTH
STANDARD INSURANCE REQUIREMENTS
(1) INSURANCE LIMITS
a. Commercial General Liability — Insured shall maintain commercial general
liability (CGL) and, if necessary, commercial umbrella insurance as follows:
$1,000,000 each occurrence
$2,000,000 aggregate
If such Commercial General Liability insurance contains a general aggregate
limit, it shall apply separately to this Project or location.
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
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 City specifically approves such exclusions in
writing.
ii. Insured waives all rights against City and its agents, officers, directors
and employees for recovery of damages to the extent these damages
arecovered bythe commercial general liabilityorcommercial umbrella
liability insurance maintained in accordance with Agreement.
b. Business Auto — Insured shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance as follows:
$1,000,000 each accident (or reasonably equivalent limits
of coverage if written on a split limits basis).
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 Insured's
business and/or the Project. If Insured owns no vehicles, coverage for hired or
non-owned autos is acceptable.
Insured waives all rights against 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 Insured pursuant to this Agreement or under any
applicable auto physical damage coverage.
CFW Standard Insurance Requiremerits Page 1 of 3
Rev. 5.04.21
c. Workers' Compensation — Insured shall maintain workers compensation and
employer's liability insurance and, if necessary, commercial umbrella liability
insurance as follows:
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Insured waives all rights againstCity 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 Insured pursuant to this Agreement.
d. Professional Liability (Errors & Omissions) — Insured shall maintain
professional liability insurance as follows:
$1,000,000 - Each Claim Limit
$2,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to
the Commercial General Liability policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other
requirements. Coverage shall be written on a claims-made basis, and
maintained for the duration of the contractual agreement and for five (5) years
following completion of services provided. The policy shall contain a retroactive
date prior or equal to the Effective Date of the Agreement or the first date of
services to be performed, whichever is earlier. An annual certificate of insurance
shall be submitted to City to evidence coverage.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that Insured has obtained all required
insurance shall be attached to Agreement concurrent with its execution. Any
failure to attach the required insurance documentation hereto shall not
constitute a waiver of the insurance requirements.
b. Applicable policies shall be endorsed to name City as an Additional Insured,
as its interests may appear, and must afford the City the benefit of any
defense provided by the policy. The term City shall include its employees,
officers, officials, and agents as respects the contracted services. Applicable
policies shall each be endorsed with a waiver of subrogation in favor of City
with respect to the Project.
c. Certificate(s) of insurance shall document that insurance coverage limits
specified in this Agreement are provided under applicable policies
documented thereon. Insured's insurance policy(s) shall be endorsed to
provide that said insurance is primary protection and any self-funded or
CFW Standard Insurance Requiremerits Page 2 of 3
Rev. 5.04.21
commercial coverage maintained by City shall not be called upon to
contribute to loss recovery. Insured's liability shall not be limited to the
specified amounts of insurance required herein.
d. Other than worker's compensation insurance, in lieu of traditional
insurance, City may consider alternative coverage or risk treatment
measures through insurance pools or risk retention groups. City must
approve in writing any alternative coverage for it to be accepted.
e. A minimum of thirty (30) days' notice of cancellation or material change in
coverage shall be provided to City. A ten (10) days' notice shall be acceptable
in the event of non-payment of premium.
f. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A:VII or equivalent measure of financial strength
and solvency as determined by the City's Risk Management division.
g. Any deductible or self-insured retention in excess of $25,000 that would
change or alter the requirements herein is subject to approval in writing by
City, if coverage is not provided on a first-dollar basis. City, at its sole
discretion, may consentto alternative coverage maintained through insurance
pools or risk retention groups. Dedicated financial resources or letters ofcredit
may also be acceptable to City.
h. In the course of the Agreement, Insured shall report, in a timely manner, to
City's Risk Management Department with additional notice to the Contract
Compliance Manager, any known loss or occurrence which could give rise
to a liability claim or lawsuit against City or which could result in a property
loss.
i. City shall be entitled, upon its request and without incurring expense, to
review Insured's insurance policies including endorsements thereto and, at
City's discretion, Insured 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 coincidentwith or priorto the date
of this 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. City shall not be responsible for the direct payment of any insurance
premiums required by Agreement.
m. Subcontractors of Insured shall be required by Insured to maintain the same
or reasonably equivalent insurance coverage as required for Insured. Upon
City's request, Insured shall provide City with documentation thereof.
CFW Standard Insurance Requiremerits Page 3 of 3
Rev. 5.04.21