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HomeMy WebLinkAboutContract 58203 CSC No. 58203 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("CITY"), and Kimley-Horn and Associates, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Stockyards Transportation Study— Project No. 104355. 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 11 Compensation The ENGINEER's compensation shall be in the amount up to $219,942.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment ❑ to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article Vl, D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. OFFICIAL RECORD City of Fort Mrth,Texas Slandard Agreement for Engineering Related Design Services CITY SECRETARY Revised 0ale:November 23.2021 Page 1 °l l$ 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: (t) 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 work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and costlexecution effects are not the responsibility of the ENGINEER. City of Fort Worth,Texas Stockyards Transportation Study Standard Agreement for Engineerina Related Design Services CPN 104355 Revised Daw November 23,2021 Page 2 of 15 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 became 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`$ personnel at a construction site, whetheras on-site representatives orotherwise, 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 anyr 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 ail 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 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 q uantity Df 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. Oily of Fort Worth,7wws 5ioekyard*Transportation SWy Standard Agwrnant for EngineeAV Ralatnd Design Servims GPN 104355 Rewtsed Dala:Novembw 23,2021 Page 3 of 15 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 cast 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 bean made by the ENGINEER to ascertain that the construann 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 } as 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; cr that there are no other matters at issue between the CIT`! and the construction contractor that affect the i 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 forany errors or omissions in the information from others that is incorporated into the record drawings. CRy ryF FortVdarlh,Texae Stockyards Tranaporle lon Study 3tandW0 A0f0M &Mfor Engineering Related Design 3eNicos c9N 104ns Revised Gate.Nov9ntibar 23.2021 Page 4 of 15 1. Business Equity Participation City has goals for the full and equitable participation of minority business and/or women bossiness enterprises in City contracts greater than $100,000. In accordance with the City's Business Equity Ordinance No, 25165-10-2021 (replacing Ordinance No. 24534-11-2020, 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 worsen 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 BE 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) gears, 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 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 cast of hard copies at the rate published in the Texas Administrative Cade in Gity of fort Worlh,'rem s $totkyards Transportation Study Standard AgraemenIfarEnl inaaring Rated peslgn Services GPM 104355 Ravlsad€}ale:Novem bar 23.2Q21 Page 5 of 15 effect as of the time copying is performed, 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 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 itwill 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 (t) 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. Penniffing Authorities -Design Changes If permitting authorities require design changes so as to complywith published design criteria aindlor 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. City Of Fert Worth,Texas Stockyards Transpwahlon Study Standard Agreement fm Engineering Ralwad Design Servicee CpN jQQfi5 RaWaad Date_November 23,2021 Page G of 9 5 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 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 at[ acts of the CITY's personnel. C_ Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENG11NEER'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, Cot,of Fart WDr1h 76YAs Shnnkyarea TransporlaGon Study Stand*ed agreemerdTorfnginae[ing Related f}es?gn SyQPAC95 CFN 11042M Revised fate;Navambzr 23,2021 Pago 7 of 15 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 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 tollowing clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers an the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its Officers, employees, and subcontractors, for any claim arising out af, 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 C ITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. Cily of Fort Worth,Texas Stoekyards Transavrta1i4n StWy Slandard Agreement far Fngineerin]Reloled Deign Servlcos CPN 104255 Revised Dale_Norember 23,2421 Page B of 15 I. 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 partles. J. 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. Article VI 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 j 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 he at the CITY's sale risk, The CITY shall own the final designs, drawings, specifications and documents. C. Farce 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 farce majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strifes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. City off art Worth,T6x88 Stockyards TrarrsporWion$tidy Slandard Agra-Amenk for Engiwerino Related Design Servicer, CPN 104355 R&%4sed Dale:r000mher 23.X21 page g or 15 D. Termination (1) This AGREEMENT maybe terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b_) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this {AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product, b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination far 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 PRCJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. iF. 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 City ar Fort Werth,Teuas Stockyards Transpnrtadon Study SWUM Agmamant for rEnginaering Re;uLad Desi�r1 Servioea CPN MOM ftavitad Oaw November 23,2021 Paga 10 of 15 property infringement,or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G- Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. Jurisdiction The lave 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. i. Severability and Survival If any of the provisions contained in th is AGREEME NT are held for a ny reason to be invalid, illegal, or unenforceable in any respect, such invailldity, illegality, or unenferceability 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 VLL shalt survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Contract ConstructionlNo 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 he resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. City of For!Wof1h,Tes[as Stockyards Transportation Study $landatd Agreement for Engineering Relaied Design Services CPN 10a355 Revised Data:Nnvamher23.2021 Page 11 of 15 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 to assert any such fight on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the tdentity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is riot legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or more full time-employees and the contract value is $1 00,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company„ shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies than ENGINEER'S signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, ENGINEER: ('I) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies City of rare Worth,Teas Stockyards Transpadalion Study Standard Agreement hx Engineering Relaled Ousign Services C:Pt4 104355 Ravlsed Onto,Ncvomber 23,Mi Page 12of15 ENGINEER acknowledges that in accordance with Chapter 2274 of the Texas Government Code4as added by Acts 2021 , 87th Leg_, F .S., S.B. 13, 2), the CITY is prohibited from entering into a contract for gods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full- time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will nct boycott energy companies during the term of the contract. The terms "boycott energy company," and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Cade (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is appiicalale to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2)will not boycott energy companies during the term of this Agreement. Q_ Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021 , 87th Leg., R.S., S,B. 19, § 1), the CITY is prohibited from entering into a contract for goods ❑r services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with to or more Ball-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms 'discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Cade (as added by Acts 2021, 87th Leg., R.S,, S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 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 tooth 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 city of fort Woolh,Texas Sfaoityards 7ransportaltan Study Standard Agreement ror Eitiglneering Related Ueitn SMMC*5 CPN 104a55 Revised date:hlnvember 23.2021 Page 13 of 16 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 ❑ - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER Kimley-Ham and Associates, Inc. Wrl64al QWm%an V1 )1122{1p52C-0T William M. Johnson J,,y4wd Assistant City Manager Scott R. Arnold Vice President 4Qn� Date: O*❑FQRp Date:August 30, 2022 oo°oo ATTEST: a�o ° 9�d 1rzszeft� S. un�iz�.G `° ° �vn o=d a o d Jannette Goodall �0'� �` ICY City Secretary ka�gF]CA5o4�p APPROVAL RECOMMENDED: Imo... By-I Lauren L. Prieur, P.E. Interim Director, Transportation and Public Works APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2022-927324 By�0!-k 16LtA w2.-11 A I.or Douglas W Black M&C No.: 22-0778 Sr. Assistant City Attorney M&C Date: 9/27/22 Citv of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services Revised pate:Novembef 23,2021 CITY SECRETARY Page 14 of 15 FT. WORTH, TX Contract Compliance Manager: By signing, I acknowledge that i am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Rajnish Gupta, P.E., PTOE City Traffic Engineer OFFICIAL RECORD City of Fort Worth,Texas S standard Agreornenttor Engineering Related Doaign Services CITY SECRETARY ReAed Dale November 23,2021 Page 55of 15 FT. WORTH, TX FORT WORTH. ATTACHMENT "A" Stockyards Transportation Study, 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 Stockyards has been experiencing substantial growth over the past few years with increased attendance compared to what was observed before the impacts of COVED-19. This project will conduct a transportation infrastructure assessment study to improve vehicular circulation, ADA accessibility, and pedestrian safety_ The scope presented below focuses on potential short-term operational improvements far all modes of transportation through extensive observations and provides long-term solutions through technical evaluations_ This oomprehensive study will be used as a roadmap for fLiture infrastructure improvements. WORK TO BE PFRFORIViE❑ Task 1. Project Management and Coordination Task 2, Stakeholder Meetings Task 3. Data Review Task 4. Analysis and Evaluation Task 5. Concept Development and Recommendations Task 6_ Implementation plan TASK 1. PROJECT MANAGEMENT AND COORDINATION 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 Team Management • Lead, manage, and direct team activities. • Ensure Quality Control f Quality Assurance (QCJQA) is practiced in performance of the work, • Communicate internally among team members. • Task and allocate team resources. 1.2 Communications and Reporting City of Fars Warlh,7Axas Stockyards Transportation Sludy Machroent A CPH 104159 PM4 Release Pate:07.23.2012 Page 1 of a FoR WORTH. H. Prepare and submit monthly invoices, in accordance with Attachment 13 tc this Standard Agreement, 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 ❑epartment. • Prepare and submit baseline project schedule initially, and project schedule updates with a sch-ndule narrative monthly, as required in Attachment D to this Standard Agreement in compliance with the CITY's Specification DO 31 16 entitled Engineer Project Schedule. 1.3 Progress Meeting + ENGINEER will attend up to six (6) monthly progress meetings with the CITY to review progress, provide updates, and receive feedback on the work. ASSUMPTIONS • Project is anticipated to take six (6) months. • ENGINEER will prepare meeting materials. DELIVERABLES A. Baseline project schedule, B. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes. C. Monthly project status reports. D. Meeting summaries with action items. TASK 2. STAKEHOLDER MEETINGS 2.1 Stakeholder Meetings ENGINEER will facilitate three (3) stakeholders meetings (determined by the CITY) to receive feedback on the proposed study recommendations and implementation plan. ASSUMPTIONS • ENGINEER will prepare all meeting materials, • Meetings will be in person. DELIVERABLES A. Materials for Stakeholder Meetings. B. Meeting Notes for Stakeholder Meetings. GITY of pert Watch.TaKas Page 2 0f 8 AtlaAment A SWCky9rdS TM"pOrlAhork Study PMD R9lea6e Data:02.06.2015 CPN 104355 Pap 2 of B FORT WORTH,. TASK 3. DATA COLLECTION 3.1 Base Mapping • ENGINEER will use aerials to develop a GIS base map for the seven (7) corridors of interest listed below: • Main Street from NE 23rd Street to Stockyards Boulevard East Exchange Avenue from Main Street to Packers Avenue Stockyards Boulevard from Main Street to Packers Street NE 23rd Street from N Main Street to Niles City Boulevard Packers Avenue from NE 23rd Street to Stockyard • Niles City Boulevard from NE 23rd Street to E Exchange Avenue • Mule Alley from) NE 23rd Street to E Exchange Avenue • These base maps will be the foundation far the field verification and will include locations of existinglmissing sidewalks, bicycle facilities, bus stops, crosswalks, curb ramps, driveways, and other infrastructure that will impact multimodal transportation. 3.2 Review Existing Plans ENGINEER will review the following documents to better understand their impact to the study area — Stockyard Historic and Farm-Based Code District {Article 8 Street Standards), Master Thoroughfare Plan (MTP), Active Transportation Plan (ATP), and ADAI PROWAG accessibility requirements. ENGINEER will summarize the documents' impact on the study roadways. The Stockyard Historic and Form-Basee Code should be reviewed to determined if the cross sections need to be revised based on the analysis in Task 4. 3,$ Collect Traffic Data + ENGINIFFR will collect weekday 12-hour and Saturday 12-hour Turning Movement Count Intersections with Crosswalk Bikes and Peds. The intersectian counts will be turning movement counts and will be used lu evaluate the intersections. N Main Street & Stockyards • E Exchange Avenue & Packers Boulevard Avenue • N Main Street & E Exchange + E Exchange Avenue & Mule Alley Avenue • E Exchange Avenue & Stockyards • N Main Strut & NE 23" Street Boulevard • N Maim Street & NW 20' Street • NE 231 Street & Mule Alley • N main Street & NVV 251h Street • NE. 231 Street & Packers Avenue • NE. 23r� Street & Niles City Boulevard CITY of Fars Worth,Texas Page 3 of S Attachment A Stockyards Transportation Study i PM fxeleo,,a Hale:02.M.2015 CPH 11143�5 Page 3 of 5 I I FDRT WORTH. • ENGINEER will collect 24-hour machine recording tube counts with speed data; 0 E Exchange Avenue, east of N Main Street • E Exchange Avenue, between Mule Alley and Stockyards Boulevard * Mule Alley, north of NE 2310 Street 3.4 Collect Crash Data • ENGINEER will obtain available TxDOT CRIS crash data far the study area for the previous five (5) years, ENGINEER will identify intersections needed for further safety evaluation, 3.5 Field Observations + ENGINEER will utilize a team of three (3) staff to observe traffic and pedestrians during a typical mid-stay and PM peak period during the week, along with a Saturday evening event. Observations will be made for a total of 2 hours per staff during each of the three observation periods (18 hours total estimated). The date and location of these observations will be determined based on feedback from the CITY. Notes from observations will be summarized. Observations to be included are signal operations, traffic queuing, pedestrians crossings, parking, circulation, and transit loadings and unioadings, ASSUMPTIONS • Data will be formatted in G1S, AutoCAD, and Excel. DELIVERABLES A. Existing conditions base reap B. Traffic count map C. Crash map D. Field observations TASK 4. ANALYSIS AND EVALUATION 4.1 Traffic Analysis • ENGINEER will develop a baseline analysis for intersections and street segments based on existing vehicular level of service for the roadways and intersections where data was collected in Task 3.3. The baseline analysis will be used to project the counts to evaluate the future conditions (years TRD) with appropriate growth factors, r ENGINEER will use trip generation and distribution to add trips generated by proposed land uses and will be complemented with the NCTCOG Travel Demand model. ENGINEER will obtain cell phone data from the Stockyards. This data is intended to be used for origin-destination understanding of the Stockyards. Synchro micro analysis will be used for other elements. Vehicle analysis will focus on the study area destinations and which are the most impacted. The level of service, queuing, and associated delay will be illustrated at the intersection, corridors, and link level. CITY of Pore Worft,Texas Page 4 of 8 AuachmanlA bluckyards rransporfallon Study IWO Relea"Dale-V2 96.2015 CPN 104355 page 4ofA FORT WORTIL 4.2 Safety Evaluation + Based on our field observations and review of the vehicle/pedestrian/bicycle crash data from Task 3.4, ENGINEER will identify applicable safety countermeasures to be implemented at each of the study area intersections based on the Crash Modification Factors (CFM) available in the Highway Safety Manual, the Unsignalized Intersection Improvement Gulde, and the Crash Modification Factors Clearinghouse. 4.3 Pedestrian and Bicycle Analysis The Pedestrian Experience Index evaluation conducted as part of the Fort Worth Active Transportation Plan rated the pedestrian facilities in the study area as poor, ENGINEER will evaluate what improvements should be invested in this site through in-field analysis and evaluation against the Transportation Engineering Manual. Both facility connectivity and pedestrian zone enhancements will be evaluated on the major study area roads as part of this assessment, including how these facilities support the trails and transit experience. ■ The Fort Worth Active Transportation Plan outlines guidelines to improve the bicycle level of stress at both midblock locations and intersections, and the Transportation Engineering Manual outlines bicycle facility selection by roadway type. ENGINEER will use this guidance to evaluate existing conditions and future recommendations within the study area. • The Pedestrian Analysis will utilize the data collection and observations to determine potential pedestrian cross locations. The pedestrian analysis will be focused on making the Stockyards more walkable for a greater volume of people. 4.4 ADA Assessment • Pedestrian facilities will be evaluated for ADA compliance based on the 2011 Proposed Guidelines for Pedestrian Facilities in the Public Right-of-Way Accessibility Guidelines (PROWAG). The entire pedestrian path of travel will be evaluated, including sidewalksltrails, pedestrian street crossings, pedestrian driveway crossings, and associated curb ramps. * A compliance report will be provided for each sidewalkltrail segment, lntersecfion, and transit stop along the four corridors. Each report will docurnent compliances andfor violations, photos, notes on related areas of concern, descriptions of the possible solutions, associated cost projections for bringing the location into compliance, and a location priority. All compliance information will be provided in GIS, 4.5 Curbside Management Analysis * On-Street parking in the study area will be evaluated to determine its impact on illegal parking and traffic congestion. The ENGINEER will utilize best practice in curbside management to evaluate the use of the curb space which could include metered parking, no parking, valet parking, share mobility pick-upldrop off zones, general loading zones and the location of motorcycle parking. This analysis will consist of an evaluation of the parking on East Exchange, Main Street between 23`d and 2e, and potentially parking that ❑tours on 23". MTv of Fort Worth,Texas Page 6 of 8 MuOrnani.A Sioc4yards Transpodallan Study PM6 Release Dale;(32.O&M 5 GPM 104355 Page 5 of 8 IF0RTWORTH. 4.6 Circulation Analysis • ENGINEER will evaluate circulatiun to, and within, parking lots based on the observations completed in Task 3_5. Conceptual circulation improvements will be considered and recommended. The focus of the circulation will be on the the changes to on-street parking effect the intersections_ As part of the circulation analysis crusing along Main Street and/or East Exchange will be evaluated. The ENGINEER will incorporate best practices for smart cities and explore the use of technology to aid in circulation. ASSUMPTIONS * CITY will provide a list of future land uses within the study area, DELIVERABLES A. Existing and future Synchro traffic analysis models E. Summary of proposed safety countermeasures C. ADA compliance reports for sidewalkltrail segments, intersections, and transit stops D. Curbside management strategy E. Circulation analysis TASK 5. CONCEPT DEVELOPMENT AND RECOMMENDATIONS 5,1 Idea Development + ENGINEER will develop potential ideas to improve transportation based on field observations in Task 3.5 and analysis completed in Task 4. 5.2 Cost ENGINEER will prepare an opinion of probable construction cost (OPCC) for the conceptual level ideas. Unit prices will be developed based on recent bid tabs for similar projects and recent task order unit price data for the traffic signal and intersection/railroad program task order cantrscts. The cast sheets will also list all the assumptions and include contingency. 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. FNGINFFR'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 ENGINEER cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from the OPCC 5.3 Prioritization • The prioritization process will provide information on which projects should be funded and implemented first. ENGINEER will use other factors such as feasibility, implementation cost, equity, safety impacts, connectivity, comfort, stakeholder input, project significance and available funding. Each of these clry or tort v%hmh,soles Page B of 8 Attschrnent A Siaekyards Transporlallort Study PMOAalease Data:02.06.2015 CPN 104355 Pale B al 9 Fo?,T WORTH. factors will be used to develop a strategy to implement short term (0-1.5 years), mid-term (1.5-5 years), and long term (5+ years) improvement projects within the study area with a specific goal of providing improved connectivity and mobility far the Stockyards. ASSUMPTIONS + Cost will be based on 2022 dollars with inflation applied. • One (1) round of comments wile be addressed. DELIVERABLES A. Final conceptual roll pints for each corridor in the study area, B. Costing C. Prioritization TASK 6. IMPLEMENTATION PLAN 6.1 Summary Project Map + ENGINEER will prepare an overall key map summarizing the recommendations into a one (1) sheet document that can be used to communicate the Implementation of the overall report. I 5.2 Key Project Sheets • ENGINEER will prepare individual project sheets to provide additional details for high priority projects. Up to ten (10) project sheets will be created. 6.3 Summary Report I i + ENGINEER will prepare and submit a draft report summarizing the analysis and evaluation results, proposed corridor concepts, and proposed short-term, mid- term, and long-term projects and CPCC. • FNGINEER will incorporate input from monthly progress meetings and three stakeholder meetings and submit a final report. ASSUMPTIONS • None DELIVERABLES A. Surnmary project rnap 8. Key project sheets C. Electranic copy of each draft and final implementation plan reports in Adobe PDF format D. Presentation for summary and recommendations. CITY of Fort~h.T2Y25 Page 7 of 8 Attachment A Skc4ads TnsnapaAaGan Study PMO Release Dote:02.06.2015 CFN 1M55 Page 7 of 8 FORT WORTH., ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and FNGINEER 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: + Evaluations outside the study area_ 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 andlor budget. • Services to support, prepare, document, bring, defend, or assist in Iltigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. CITY of Fort Vkgth,Texas Page 8 of S Attachment A SlcckyaWs Transportegon Study PMO Release Date:P2,06.20i5 GPM 104355 Page 6vf8 I ATTACHMENT B COMPENSATION Stockyards Transportatian..Stud Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated in an hourly amcunt not-to-exceed $219,942.00 for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as folinws: 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 $Ihour Project Director $280 Sr. Project Manager $225 Project Engineer IV $185 Analyst III $165 Analyst II $155 Administrative $105 ii. Non-tabor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost- Direct Expenses (non-labor) include, but are not limited to, mileage, travel and j 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, grass receipts, or other similar taxes, ili. Subcontract Expenses- Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent(10%), iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these lirnits. 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 Cily of Fart Worth,Texas StockyardsTranspadabon Study AtlwJaent S CPH 104366 PMO dlficial Release date:0.�9,2012 Page 1 cf 4 g- i ATTACHMENT B COMPENSATION 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 11 - Methud of Payment, II. Method of Payment A. The ENGINEER shall he paid by the City based upon an invoice created on the basis of statements prepared from the hooks and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER, C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed, IIL 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 Farf Worth.Tone Sia=ky arils Tra n spartation Study Attachment 13 CPN 104355 PMOOfliclal Release Ante:6.09.2012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount °h Prime Consultant Kimley-Horn and Engineering $200,147.00 91.0% Associates, Inc. Proposed MBEJSBE sub-Consultants GRAM of North Texas Traffic Counts $19,795.00 9.0% Non-MBFJSBE Consultants i TOTAL $219.942.00 100% Project Number& Name Total Fee MBEISEE Fee MBEfISBE �!O Stockyards Transportation Study $219,942.00 $19,795.00 9.0% CPN 104355 City MHEISBE Goal = 9% Consultant Committed Goal = 9 % I Q4 Df Fwt Wwth.Temas Stockyards 7ransp4rl2iign Study Attachment B CPH 104355 FIMO Official Release Oafs:A_00.2012 Page 3 of a B-3 EXHIBIT ` B-'I" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases_ Clty of Part Worth.Texas Stockyards 7ransportalion Study Attachmard B CPN 104355 PMOO(Ficlal Release dale:B.00.2012 Page d of 4 8-4 § / & & \ 2 u / 7 - $ B k ! �� \ � 2k � � } £ C r ., E � I3 L ] g / m 4� % ) / ) ({ $ g t $ � k 2 ] ■��� � , _ % § ) § ; ® ) £ m § � � \)2k 2 lbk/L I . � \ � 2 2 \ 0 2 f 0 2 e > ` � ° k � � 2 2 � \ e Eli- ¥ k �of 2 / 0 ilEL } ( {} CL a- q 8 a a dn 0 u k &/ t }( a ■, m,■@@eaa§@a RS § a�§ 2§2kka2■#kk s� 7 22r t in _ EL [u 3 ! � a \ aa8a#mM 2 Q { MN9 §§|§ � 7 M K I cu | � 2 E � � �� ■! a a # � § / 3 C \ j k / /■ • )k )ƒ ° k § � ) L CY / � � ! ° �\ �rs ■. § / 2 IN � w m ƒ§ ) k § 2 � ! � f 2 . }\ a� to \ 2, } LQ ƒ � E / � © 2 \ \ #2aIZ Q � F2 k � - 7 k � ! ,■ �® k : k k K § ® Iz E }kL % �2 w 2 � \ CL ■ § ) � f § a: LC / ■ E K ■ 2 � k \k / kk cp10 - = ,LLe / CL)I{)4 k n 2 � ■ | E �222\% $ ; EH ten iL k 5 d,WO f ILL �b� 0 �mm_ mN ydy �ryi p�p �I�+G[Yvv o�om tlF �3 i'1 CEP � wN90 r��m��m A' e e 5l ti 2 b 54 b .�••o•n ri �� ��H 47 r}� N} nN N a inw �i N ry w u~~ 4 6 F 4T N M E�6 M � 11�lU�m F LL p 4 q4 } � r � c n n m .n p o qp vi�n J VY �n 1RN Nn „7TM r r x�41 4!'�r} 052 5 a 51 R ,h cb uuu��4 d4 R O �O r RR&8 LLa � Q5 d L . W C N •C m 0 a p N n IV r-o N _ w 22 U Q V i q Q H N V a a 6 N 4} {V HN 41 rm F IOa 4}�T �•K� 4 r�^T s+ 0. OS A 2i R f C 6 O A C C E 6 � I E s qr, y ry n° LL d r ih LL LL IJ-H m H r ATTACHMENT "C" CHANCES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Stockyards Transportation Study City Project No. 104355 No proposed changes to the Standard Agreement, City of Fort wadh,Texas Stockyards Transportation$lady AttaChmen!G CPN 104355 PM4 Release date;U.113.2016 Pate t of 1 FORT WORTH ATTACHMENT "ID" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule for the 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 DO 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 ENGINEFR'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 he referred to as the Project Baseline Schedule. Lpdates 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. Uy of Fart VVoNh.Texas StOCky0rd5 Tf8rnportation Study Marhmelt D CPH 1 D4355 ReVisian 6aie:07.20.2015 Rage 1 of 1 I } .. -�W4 + �T�{ Irk a fFl 't�;Y •Y ' r F£� �. I Y /•/. � � fa YyA {d � h.,f r ��i .J ��pyg1, '� '':i�, I "„II' �I � � f - �..�r'tr•.11 ii 00 .. ',...•� .y��Lyr�� �w -%�, � f ��*rt`f- •� '��^t �i� -i'' �••;�%!� 3fti,,'y_ ',.•� �li �iolry/ -AN-. ,;' �'� — 'r�`1 •� yr—.. ... r •�4 _ � !i�°�r.� .,r� '.r•ir .y ' T' 11 r ,a IT�.:r�F T�rJ{'Y �..' I'u �. +•. ,.• .tii AI : lyre h '•• CD rr. ..e'. Il//. ! it w �.r�.�•' x �rR•f! r'd��, r I,!�., �;� •i '�+r. �'Jr ''l` 4 ` I r 3 r; Ili I if',� { ..F'� I - ' f•.;. 63 Aq tit . J '�(�r• -r, �IP roject ��• '-=y � " � •i{ 7 — .�lir�' �,� LEGEND:N� . PROJECT EXHIBIT F CITY OF FORT NOKU 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,OOO,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. k, 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: premisesloperations, prcducts/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 are covered by the commercial general liability or commercial umbrella liability insumnce 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 awned, hired, and non-awned 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 pursuantto this Agreerent or under any applicable auto physical damage coverage. CFVV Standard Insurance Requirements Page 1 of 3 Re v.5.04.2"1 Stockyards Transporu tlon Sludy GPN IM55 c, Workers'Compensation— Insured skull maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $1 00,000 each accident $50000 disease - policy limit $1 00,000 disease - each employee 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 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 far 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 Requirements Page 2 of 3 Rev. 5.04.21 Siotkyard5 transportation Study CPN 10055 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 (1 0)days'notice shall be acceptable in the event of nor-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating ofANII 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 e>acess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coveraga is not provided on a first-dollar basis. City, at its sole discretion,may consentto alternative coverage maintained through lnsuranoe poolsor risk retention groups.Dedicated fin@ncial resources or lettersofcredit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner. to City's Rlsk Management Department with additional notice t❑ 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 anti 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 coincident with 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 er reasonably equivalent insurance coverage as required for Insured_ Upon City's request, lnsured shall provide City with documentation thereof. CFW Standard lnsurance Requirements Page 3 cf 3 Rev.5.04.21 Stockyards Transponalion Study CPN 104355 POLICY iNIIJMBER: 131-52138169 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement rnadifies insurance provided under the following: COMMERCIAL GE4NLRAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s1 Or Organizations) Location(sl Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGR7 EHENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO, Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II 6 Who Is An Insixed is amended to B. With respect to the insurance afforded tp these include as an additional insured the person(s) or additional insureds, the following additional organizatianls) shuvvri in the Schedule, but only exclusions apply. with respect to liability for "bodily injury" This insurance does not apply to "bodily injury" "property damage" or "personal and advertising or "property darnage" occurring after: injury" caused, in whole or in part, by: 1, All work, including materials, parts or 1. Your acts or omissions, or equipment furnishad in connection with such 2. The acts or ornEssEons of those acting on work, on the project (other than service, your behalf; maintenance or repairs) to be performed by in the performance of your ongoing operations or on behalf of the additional insureds] at for the additional insuredls) at the Iecation(s) the location of the covered operations has designated above, been completed; or However: 2. That portion of "your work" out of which 1. The insurance afforded to such additional the injury or damage arises has #peen put to its intended use by any person or insured only applies to the extent permitted organization other than another contractor or by law; and subcontractor engaged in performing 2. If coverage provided to the additional operations for a principal as a part of the insured is required by a contract or some project. agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. i GG 20 10 12 19 db Insurance Services Office, Inc., 2018 page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the follovvirig is added to insurance; Seo icn III - Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increasa the required by a contract or agreement, the most applicable limits of insurance. we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 (> Insurance Services Office, InC., 2018 CG 20 10 12 19 POLICY NUMBER: GL52691;�g GQMMER(:W (3Eh1FRAL LIABUTY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRCD1JCTSICONIPLETE0 OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Personlsl Dr Or anixation(sl Location And Description Of Completed Operations ANY PERSON DR ORGANIZATION PER THE CONTRACT OR AGREEMENT. WROM YOU BECOME OBLIGATED TO INCLUDE" AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Scheduler if not shown above, will be shown in the Declarations. A. Sou#ion II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the personis) or additional insureds, the following is added to organization{s} shown in the Schedula, but only Section III — Limits Of Insurance: with respect to liability for "bodily injtjry" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, raquired by a contract or agreement, the most by "your work" at the location designated and we will pay on behalf of the additional insured described in the Schedule of this endorsement is the amount of insurance: performed for that additional insured and included in the "'products-completed operations 1• Required by the contract or agreement; or hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This andorsement shall not increase the by lava; and applicable limits of insurance. 2_ If coverage provided to the additional insured is required by a contract or I agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 -0 Insurance Services Office, lrc,, 2018 Page 1 of 1 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached and is effecilve on the data issued unless otherwise stated. (The information below is req&ad only when this endorsement is issued subsequent to preparalion of the Qvliey,J This endorsement, effective 12V AM 04f01f2022 forms a part of Pal ICy No. INGO16803686(ADS) ISSUCd to Klmley-Horn and Associates,Ino. By NEW HAMPSHIRE INSURANCE COMPANY This endorsement applies only to the insurance provided by the policy because Texas is shown in Itern 3.A. of the Information Page, We have the tight to recover our payments from anyone liable for an injury covered by this policy. VVe will not enforce our right against the person or organization named In the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. { } Specific Waiver (game of person or organization (X) Blanket Waiver Any person or organization for whom the Namad Insured has agreed by written contract to furnish this waiver. 2. Operations; ALL TEXAS OPERATIONS 3. Prerrlium; The Premium charge for this endorsement shall be 2.0 percent of the prerniurn developed on payroll in connection with work performed for the above person(s) or organ iaat ion(s) arising out of the operations descrlhod. 4, Advance Premium: _ VtfC4� 03046 Countersigned by - - - - . - - - - - - - _ _ - _ - - - .. ._ _ .. _ .. � � � (Ed. 6.14) Authorized Representative 0 Copyright 2014 Natlonal Council an Compensation Insurance, Inc. All Rights Reserved. City of Fort Worth, Texas Mayor and Council Communication DATE: 09127122 M&C FILE NUMBER: M&C 22-0778 LOG NAMI=: 20STOCKYARDS MOB€LITY STUDY SUBJECT (CD 2)Authorize Exmution of a Professional Services Agreement in the Amount of$219,942,00 with Kimley-Horn and Associates, Inc.for a Transportation lnfrastructure Study in the Stockyards,Adapt Appropriation Ordinance,and Amend the Fiscal Years 2022-2026 Capital Improvement Program RECOMMENDATIQN, It is recommended that the City Council: 1. Authorize execution of a Professlonal Services Agreement in the amount of$219,942,00 with Kimley-Horn and Associates Inc.for a Transportation Infrastructure Study in the Stockyards(City Project IN u. 1 m4 =, 2. Adopt the attached appropriation ordinance increaMng estimated receipts and appropriations in the General CapHal Projects Fund in tha amount of$297,000,00,from available funds,for the purpose of funding the Stockyards Mobility Study in the Stockyards prnjent(City Project No. 104335);and 3. Amend the Fiscal Years 2022-2026 Capital Improvement Program. The Stockyards has been experiencing substantial growth over the past few years with increased numbers arf visitors(both local and out of area) likely due to the recently completed hotel and related shopp1nglenterlsinmenit venues as well as a renewed comfort by the general public to visit this unique Fort Worth attraction since the Impacts of CDVID-19 have been diminishing.This Mayor and Council Communication is to authorize a professional services agreement with Kimley-Horn and Associates to ccnduct a transportation infrastructure study to assess issues and identify solutions to improve vehicular circulation,on-street parking.Americans with Disability Act(ADA)accessibility, and pedestrian safety.The study will collect traffic count data and perform extensive observations to make recornmendalions that could be Implemented as shert-term operational improvements and will also provide lcng-tefm recommendations that will be used as a road map for future infrastructure improvements. Study area roadway segments are (reap altached}; 1. N Main Street from NE 23rd Street to Stockyards Boulevard 2, East Exchange Avenue Rum IN Main Street to Packers Avenue 3- Stockyards Boulevard from N Main Street to Packers Avenue 4, NE 23rd Street from N Main Street to Niles City Boulevard 6. packers Avenue from NE 23rd Street to Stockyards Boulevard 6. Miles City Boulevard from NE 23rd Street to E Exchange Avenue 7. Mule Alley from NE 23rd Street to E ExchongeAvenue The study is scheduled to begin in October 2022 and to be completed in May 2023.Thin City of Fort Worth will engage various agencies and stakeholder groups during the study. Funding for this project was not included in the Fiscal Years 2022-2025 Capital Improvement Program(CIP)because the projecl and funding sources were unkrnown at the time of its development.This action in this M&C will amend the Fiscal Years 21)22-?C2 Capital Improvement Program as approved in connection with Ordinance 2 50 73-09-2 02 1. Funding is avaiiahie for appropriation in the Unspecified-AII Funds project of the General Capital Projects Fund. DVIN BE; Kimley-Horn and AssoGlates,Inc. is in campriance with the City's Business Equity Ordinance by committing to 9%Business Equity pariicipalion an this project.The City's Business Equity goal on this project is 2%, This project is located in Council District 2. FISCAL INFORMATION f CERTIFICATION; The Director of Finance certifies that funds are currently available in the Unspecifled-All Funds projectwithin the General Capital Projects Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds will be available in the General Capital Projects Fund for the Stockyards Mobility Study project. Prior to an expenditure being incurred,the Tra ns po rtatica Public Works Department has the responsibility of verifying the availability of funds. Submitted for City Manaaef*s Qff a byi Wiliam Johnson 7801 Originating Business Unit Head: Lauren Rrieur 6435 Additional Information Contm Tanya Brooks 7861 Expedited i i I