HomeMy WebLinkAboutContract 59598CSC No. 59598
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
("C1TY"), and Kimley-Horn and Associates, Inc. authorized to do business in Texas,
("ENGINEER"), for a PROJECT generally described as: Southeast Connector-- Project No.
104513.
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. $557,800.00 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 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 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.
City of Fort Worth, Texas Southeast Connector
Standard Agreement for Engineering Related Design Services 104613
Revised Date: November 23, 2021 OFFICIAL RECORD
Page 1 of 15
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
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 Southeast Connector
Standard Agreement for Engineering Related Design Services 104513
Revised Dale: Novernber 23, 2021
Page 2 of 16
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in
ink on reproducible mylar sheets and electronic files in .pdf format, or as
otherwise approved by CITY, which shall become the property of the CITY.
CITY may use such drawings in any manner it desires; provided, however,
that the ENGINEER shall not be liable for the use of such drawings for any
project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on -site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the
CITY and/or the CITY's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the contract documents and any health or safety precautions
required by such construction work. The ENGINEER and its personnel have
no authority to exercise any control over any construction contractor or other
entity or their employees in connection with their work or any health or safety
precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general,
if the work on the PROJECT is being performed in a manner indicating that
the PROJECT, when completed, will be in accordance with the contract
documents, nor shall anything in the contract documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on -site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on -site observation(s) of a
deviation from the contract documents, the ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the contract documents.
City of Fort Worth, Texas Soulheasl Connector
Standard Agreement for Engineering Related Design Services 104613
Revised Date: November 23, 2021
Page 3 of 16
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that
the CITY's actual PROJECT costs, financial aspects, economic
feasibility, or schedules will not vary from the ENGINEER's opinions,
analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the contract
documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are 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
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
City of Fort worth. Texas Southeast Connector
Standard Agreement for Engineering Related Design Services 104513
Revised Qate: November 23, 2021
Page 4 of 15
I. Business Equity Participation
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 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 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 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
cost of hard copies at the rate published in the Texas Administrative Code in
City of Fort Worth, Texas Southeasl Connector
Standard Agreement for Engineering Related Design Services 104513
Revised Date: November 23, 2021
Page 6 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 respondeaf superior shall not apply.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
Q. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required,
at its own cost and expense. However, if design changes are required due to
the changes in the permitting authorities' published design criteria and/or
practice standards criteria which are published after the date of this
Agreement which the ENGINEER could not have been reasonably aware of,
the ENGINEER shall notify the CITY of such changes and an adjustment in
compensation will be made through an amendment to this AGREEMENT.
City of Fort Worth, Texas Southeast Connector
Standard Agreement for Engineering Related Design Services 104513
Revised Dale: November 23. 2021
Page 6 of 15
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 all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights -of -way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of 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.
City of Fort Worth, Texas Southeast Connector
Standard Agreement for Engineering Related Design Services 104513
Revised Date: November 23, 2021
Page 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 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 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.
City of Fort Worth, Texas Southeast Connector
Standard Agreement for Engineering Related Design Services 104513
Revised Date: November 23, 2021
Page 8 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 parties.
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 Vli
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 PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
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.
City of Fort Worth, Texas Southeast Connector
Standard Agreement for Engineering Related Design Services 104513
Revised Date: November 23, 2021
Page 9 of 16
D. Termination
(1) This AGREEMENT may be terminated
a.) by the City for its convenience upon 30 days' written notice to
ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days' written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) 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 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
City of Fort Worth, Texas Southeast Connector
Standard Agreement for Engineering Related Design Services 104513
Revised Date: November 23, 2021
Page 10 of 16
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 law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted later by governing bodies having jurisdiction or authority for
such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and mold 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.
City of Fort Worth, Texas Southeast Connector
Standard Agreement for Engineering Related Design Services 104513
Revised Dale: November 23, 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 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 (1-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will be
performed by any ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD
CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. CITY, upon written notice to ENGINEER, shall have the right
to immediately terminate this Agreement for violations of this provision by
ENGINEER.
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 $100,000 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
that ENGINEER'S signature provides written verification to the City
that if Chapter 2271, Texas Government Code applies, ENGINEER: (1)
does not boycott Israel; and (2) will not boycott Israel during the term
of the contract.
N. Prohibition on Boycotting Energy Companies
ENGINEER acknowledges that in accordance with Chapter 2274 of the
City of Fort Worih, Texas Southeast Connector
Standard Agreement for Engineering Related Design Services 104513
Revised Date; November 23, 2021
Page 12 of 15
Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13,
§ 2), the CITY is prohibited from entering into a contract for goods 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 not
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 Code (as added by
Acts 2021, 87th Leg., R.S., S.B. 13, § 2). 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
boycott energy companies; and (2) will not boycott energy companies
during the term of this Agreement.
O. 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 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 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
Code (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 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.
Ctly of Fort Worth, Texas Southeast Connector
Standard Agreement for Engineering Related Destgn Services 104613
Revised Date: November 23, 2021
Page 13 of 16
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
Attachment F — Insurance Requirements
City of Fort worth, Texas Southeast Connector
Standard Agreement for Engineering Related Design Services 104613
Revised pale: November 23, 2021
Page 14 of 16
Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager.
BY:
CITY OF FORT WORTH
Dom rGbl'ahk#
Dana Burehd off Uu' 12. 20231A:44 CDT)
Dana Burghdoff
Assistant City Manager
Date: J u n 12 2023 44�onn a
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ATTEST: o * o°° _
0 4 nexps4aa
Jannette S. Goodall
City Secretary
APPROVAL_ RECOMMENDED:
chrisfoohej, Haider
By:Christopher Harder (Jun 8, 202313:08 CDT)
Chris Harder, P. E.
Director, Water Department
APPROVED AS TO FORM AND LEGALITY
A 1
By:DBlack (Jun 12, 202317:18 CDT)
Douglas W Black
Sr. Assistant City Attorney
Contract Compliance Manager:
BY:
ENGINEER
Kimley-Horn and Associa+ns, Inc,
411.P 'e•
kins, P. E.
Vice President
Date: 6/06/2023
M&C No.: 23-0413
M&C Date: 05/23/2023
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.
John Kasavich, P.E.
Project Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Southeast Connector
Standard Agreement for Engineering Related Design Services 104513
Revised Date: November23, 2021
Page 15 of 16
ATTACHMENT A
DESIGN SERVICES FOR
SOUTHEAST CONNECTOR PROJECT
CITY PROJECT NO.: 104513
ATTACHMENT A
Scope for Enpineerina and Proiect Manaaement Related Services
DESIGN SERVICES FOR
SOUTHEAST CONNECTOR (1-20 FROM FOREST HILL DR. TO PARK SPRINGS
BLVD.,1-820 FROM 1-20 TO BRENTWOOD STAIR RD., AND US 287 FROM BISHOP
ST. TO SUBLETT RD.) PROJECT
CITY PROJECT NO.:104513
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.
WORK TO BE PERFORMED
PROJECT DESCRIPTION:
The ENGINEER will also assist the CITY with project management related services associated
with the TxDOT Southeast Connector Project (SE Connector). The ENGINEER will assist the
CITY with the design review, coordination, facilitation, operation and relocation of CITY owned
infrastructure impacted orpotentially impacted by the NTE construction projects.
Task 1. Program Management (12-months)
Task 2. Conflict Analysis (12-months)
Task 3. Construction Support Services (9-months)
Task -1 Program Management (12-months)
1.1. Project Administration:
A. 13DE Reporting: Complete monthly MIWBE report forms for the City. Submit MIWBE
change forms as necessary for any changes in MNVBE status.
B. Monthly Invoices: Prepare monthly invoices that meet the CITY Invoice format
requirements.
C. Deliverables:
1. Monthly BDE Reports to CITY
2. Monthly Invoices to CITY
D. Process Payments to Developer:
1. Conduct and document meeting with CITY and Developer to discuss and create
payment process protocol.
2. Develop standard invoice and backup material in accordance to the CITY's and
Developer's requirements.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07,23.2012
Page 1 of 6
ATTACHMENT A
DESIGN SERVICES FOR
SOUTHEAST CONNECTOR PROJECT
CITY PROJECT NO.:104513
3. Conduct and document verification meeting with CITY and Developer regarding
the standard invoice and backup material.
4. Monthly invoice and backup material: Prepare monthly invoices and backup
material to meet Developer format requirements.
1.2. Meetings:
A. Semi -Monthly CITY Progress Meetings (two times per month): Prepare for, conduct and
document semi-monthly project update meetings with the CITY project manager and
other CITY staff as required.
B. Weekly Developer Progress Meetings: Prepare for, conduct and document semi-
monthly project update meetings with the Developer and CITY project manager and
other CITY staff as required.
C. Stakeholder Meetings: Prepare for, conduct and document stakeholder meetings with
CITY and appropriate stakeholders along the 1-35W corridor as required over this
contract period.
D. Deliverables:
1. Meeting notes and action items for each attending party from each meeting.
1.3. Roadway, Water and Sanitary Sewer Conflict Issue Resolutions:
A, Coordination with CITY regarding conflicts between the future roadway infrastructure
and the CITY's water and sanitary sewer infrastructure that creates a service interruption
that the CITY deems not in their best interest therefore warranting a potential
realignment of the roadway to avoid the conflict with the water and/or sanitary sewer
infrastructure.
B. Coordination with Developer and/or TxDOT regarding conflicts between the future
roadway infrastructure and the CITY's water and sanitary sewer infrastructure that
creates a service interruption that the CITY deems not in their best interest therefore
warranting a potential realignment of the roadway to avoid the conflict with the water
and/or sanitary sewer infrastructure.
C. Deliverables:
Meeting notes and action items for each attending party from the coordination
efforts.
Task - 2 Conflict Analysis (12-months)
2.1. Schematic Review: Review proposed TxDOT ROW maps and proposed roadway alignment
schematics as compared to the existing CITY water and sanitary sewer maps. Identify
potential conflicts between proposed TxDOT ROW, proposed roadway, water and sanitary
sewer utilities.
2.2. Site Visits to Conflict Areas: After conflict identification, perform site visit to obtain additional
information not shown on maps and schematics.
2.3. Utility Conflict Plan Set Reviews:
A. Assist CITY with conflict plan set review.
City of Fort Worth, Texas
Allachment A
PIAO Release Date: 081.2014
Page 2 of 5
ATTACHMENT A
DESIGN SERVICES FOR
SOUTHEAST CONNECTOR PROJECT
CITY PROJECT NO.: 104519
1. Review 30%, 60%, 90%, and 100% plan sets.
2. Develop comment logs for each submittal.
3. Keep record of submittals and review schedules.
2.4. Deliverables:
A. Conflict review logs (30%, 60%, 90%, and 100% plan sets).
B. One full or half size plan markups for each submittal.
2.5. Meetings:
A. Attend additional meetings outside of scheduled bl-weekly meetings to resolve any
conflicts that may arise and need to be addressed at a separate meeting.
B. Coordinate decisions that are made outside of the scheduled bi-weekly meetings with
Contractor, City staff, and any other stakeholders.
Task - 3 Construction Support Services (9-months)
3.1. Construction Support Services: Provide professional construction phase services for
construction of the proposed project for the purpose of providing assistance to CITY during
construction. The CITY will provide construction management services and inspection for
the project. This scope of services does not include construction phase services related to
inspections or testing, applications for payment, disagreements between the CITY and the
Developer or their subcontractors, or determination of substantial completion. The following
services will be performed for the construction contract of utility relocations during the
contract period:
A. Preconstruction Meeting:
1. Attend a preconstruction conference for each relocation project.
B. On -site Observation:
1. Make Site visits at intervals as directed by CITY in accordance with the
construction period in order to observe the progress of the Work.
Such visits and observations by ENGINEER are not intended to be exhaustive or
to extend to every aspect of Contractor's work in progress. Observations are to be
limited to spot checking, selective measurement, and similar methods of general
observation of the Work based on ENGINEER'S exercise of professional
judgment. Based on information obtained during such visits and such
observations, ENGINEER will evaluate whether Contractor's work is generally
proceeding in accordance with the Contract Documents, and ENGINEER will keep
CITY informed of the general progress of the Work.
3. The purpose of ENGINEER'S site visits will be to enable ENGINEER to better
carry out the duties and responsibilities specifically assigned in this Agreement to
ENGINEER, and to provide CITY a greater degree of confidence that the
completed Work will conform in general to the Contract Documents. ENGINEER
shall not, during such visits or as a result of such observations of Contractor's work
in progress, supervise, direct, or have control over Contractor's work, nor shall
ENGINEER have authority over or responsibility for the means, methods,
City of Fort Werth, Texas
Atlachment A
PMO Release Date: 06.1.2014
Page 3 of 5
ATTACHFAENT A
DESIGN SERVICES FOR
SOUTHEAST CONNECTOR PROJECT
CITY PROJECT NO.: 104513
techniques, equipment choice and usage, sequences, schedules, or procedures of
construction selected by Contractor, for safety precautions and programs incident
to Contractor's work, nor for any failure of Contractor to comply with laws and
regulations applicable to Contractor's furnishing and performing the Work.
Accordingly, ENGINEER neither guarantees the performance of any Contractor
nor assumes responsibility for any Contractor's failure to furnish and perform its
work in accordance with the Contract Documents,
C. Progress Meetings:
1. Attend progress meetings based on the construction period and visit the site for
observation at that time.
D. Shop drawing, samples and other submittals Review:
1. Review shop drawings, samples and other submittals submitted by the contractor
for general conformance with the design concepts and general compliance with the
requirements of the contract for construction.
2. Such review, approvals or other action will not extend to means, methods,
techniques, equipment choice and usage, sequences, schedules, or procedures of
construction or to related safety precautions and programs and shall not relieve the
Contractor from its responsibility for performance in accordance with the contract
for construction, nor is such review a guarantee that the work covered by the shop
drawings, samples and submittals is free of errors, inconsistencies or omissions.
3. Log all shop drawings, samples and other submittals.
E. Substitutions:
1. Evaluate and determine the acceptability of up to three (3) substitute or "or -equal"
materials proposed by Contractor in accordance with the Contract Documents, but
subject to the provisions of applicable standards of the state or the CITY.
F. Request for information (RFI):
Provide necessary interpretations and clarifications of contract documents, and
make recommendations as to the acceptability of the work. ENGINEER will
respond to reasonable and appropriate Contractor requests for information and
issue necessary clarifications and interpretations of the Contract Documents to
CITY as appropriate to the orderly completion of Contractor's work. Any orders
authorizing variations from the Contract Documents will be made by CITY.
G. Final Project Walk Through:
1. Attend the "Final" project walk through and assist with preparation of final punch
list. Attend One (1) final site visit to determine if the completed Work of Contractor
is generally in accordance with the Contract Documents
2. ENGINEER shall not be responsible for the acts or omissions of any Contractor, or
of any of their subcontractors, suppliers, or of any other individual or entity
performing or furnishing the Work. ENGINEER shall not have the authority or
responsibility to stop the work of any Contractor
3.2, Review of Closeout Documents:
City of Fort worth, Texas
Attachment A
PMO Release Date: 08.1.2014
Page 4 of 5
ATTACHMENT A
DESIGN SERVICES FOR
SOUTHEAST CONNECTOR PROJECT
CITY PROJECT ND,. 104513
A. The ENGINEER will review the Developer's closeout documents for each conflict
package for compliance with the City's standard requirements for project closeout.
B, The Developer will prepare Record Drawings for this project.
1. The ENGINEER will review and comment on Developer's Record Drawings for
compliance with the City's standard requirements for Record Drawings.
3.3. Deliverables:
A. Nine (9) Progress Meeting Agendas and Notes
B. Responses to Contractor's Requests for Information
C, Review of Closeout Documents
City or Fort worth, Texas
Allachmenl A
PMO Release Date: 08.1.2014
Page 5 of 5
EXHIBIT °B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Design Services for
Southeast Connector
City Project No. 104513
Lump Sum Project
I. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $657,800.00 as
summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total
Project Fees. The total lump sum fee shall be considered full compensation for
the services described in Attachment A, including all labor materials, supplies,
and equipment necessary to deliver the services.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II, Method of Payment
A. Partial payment shall be made to the ENGINEER monthly upon City's approval of
an invoice prepared and submitted by the ENGINEER in the format and including
content as presented in Exhibit B-1, Progress Reports as required in item III. of
this Attachment B, and Schedule as required in Attachment D to this Agreement.
B. The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to this
Standard Agreement and according to the current version of the City of Fort
Worths Schedule Guidance Document.
C. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
D. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Water Department monthly progress reports and schedules in the format
required by the City.
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
` Firm Primary Responsibility
Prime Consultant
Kimley-Horn and Project Management
Associates, Inc.
Proposed MB1=ISBE Sub -Consultants
Gorrondona & Survey and Easements
Associates, Inc.
The Rios Group Subsurface Utility Engineering
Non-MBEISBE Consultants
I Fee Amount I %
$527,800 I 94.6%
$10,000 1.8%
$20,000 3.6%
TOTAL I $557,800 100%
Project Number & Name Total Fee MWBE Fee MWBE %
CPN 104513 - Southeast $557,800 $30,000 5.4%
Connector Proiect
City MWBE Goal = 5% Consultant Committed Goal = 5.4%
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
lnsert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases.
City of tort Worth, Texas
Attachment t3
Revised Date: 1121912022
Page 3 of 3
14M
Exhibit 5-1 Invoice
Professional Services Invoice Project Manager: IJohnKasavich Summary
Project: 'SE Connector
City Project T: 1104513
City Sec Number: Supplier Instructions:
Fill in green calls including Invoice Humber. From and To Dates and the included worksheets.
Company Name: l c nley-Hum and A-=t ates. Inc, I When your Invoice is complete, save and dose, start Su=aw and Add your invoice to the
Consultant folder within ProjacV:; folder.
Supplier's PIVI: earl T. DeZee, P.E. email: rarl.dezoo(nkimloy-hom.com
Supplier Invoice."-{ Office Address 601 Cherry StreeL Unit 11. suite 1300. Fort Worth, TX 76102
Payment Request#: Telephone: B17-335.6511
Service Date:From Fax:
Service Date:To
Invoice Date: Remit Address: P.C. Box 95156o, Dallas. TX 75395- 1540
Agreement LTD
Agreement Amendment
Amouatto Completed Percent ($) Invoiced Current
Remaining
Sheet
FID and Work Type Description Amount Amount
Date Amount Spent Previously Invoice
Balance
Work Type
Water $278,900.00
S278,900.00
5278,900.00
Work Type
sewer S278,900.00
S278,900.00
S21r8.900.00
Work Type 3
Work Type 4
Work Type 5
Work Type 6
Totals This Invoice S557.800.00 S557, 600.00 s557e00.00
Overall Percentage Spent:
Professional Services Invoice
Project: SE Connector
City Project,: 104513
Work Type Desc: lWater
FID:
City Sec Number:
Purchase Order: I
Name: Kimley-Horn and Associates. Inc,
Suppliers PM: Carl T. DeZec, P.E.
Supplier Invoice m: Can T. oeZea, P.E
Payment Request m:
Service Date:From
Service Date:To
Invoice Date:
Pay Items
Description
30 - Water Desigr
Totals This Unit:
Exhibit 3-1-1nvoi:e
Project Manager. John Kasavlch
Supplier Instructions:
Fill in green cells including Percent Complete and Invoked Previously Quanitir
When your Invoice is complete, save and close, start Suraw and Add your invoim to the
Consultant folder within Project's folder,
email: carLdo<eerakimloy-homcom
Office Address 801 Cherry Streat, Unit 11. Suito 1300, Fort Worth. TX 76102
Telephone: 817-335-6511
Fax:
Remit Address P.C. Box 951560, Callas, TX 75395 - 1640
Agreement LTD
Agreement Amendment Amendment Amountto Completed Percent ($) Invoiced Current Remaining
Amount Number Amount Date Amount Spent Previously Invoice Balance
S276.900.00 I S278.900.CC: $278.900.00
� I
� I
S278 900.00 S278 900.00
Overall Percentage Spent:
S278.900.00
Professional Services Invoice
Project: SE Connector
City Project
104513
Work Type Desc:
JSevver
FID:
I
City Sec Number.
Purchase Order
Company Name:
per om andA :ae a;es. inc
Supplier's PM:
Carl T. DeZee, P.E.
Supplier Invoice
Payment Request
Service Date:From
Service Date:To
Invoice Date:
Pay Items
30 - Sewer Desion
I
Description
Totals This Unit:
Project Manager. JoNi Kasavich
Supplier lnstructionr.
I! Fill in green cells including Percent Complete and Invoiced Previously Quanitios
When your invoice is complete, saw and clo5a, start SU=52W and Add your invoice to the
Consultant folder within Project's folder.
email: carLde oe@kinday-hcm.com
Office Address: 501 Cheny Street, Unit 11. Sci:c 1300. Fon Wan, TX 7 5102
Telephone: 817-335.6511
Fax:
Remit Add ress: P.O. Sox 951560, Dallis, TX 75395 - 1640
Agreement LTD
Agreement Amendment Amendment
Arnountto Complete
Amount Number Amount
Date Amount
5278.900.00
I
I
I
I
I
I
S278 900.00
I
I
I
I
$778 900.00
� I
I I
I
5278.900.00
Overall Percentage Spent:
Percent ($) Invoiced Current Remaining
Spent Previously Invoice Balance
5275.9JJ 00
$278 900 C0
EXHIBIT B-2
Level of Effort Spreadsheet
TASK/HOUR BREAKDOWN
Design Services for
Southeast Connector
City Project No, 104513
-
Labor(nours)
Expense
Task No,
Task Description
Senior SeniorsiSupport Total Labor Subconsultant
Professional Analyst
Travel f Total
Expense
Task Sub
Professional 8 Professional I
Staff
Cost MWBE
Non-MWBE Markup
Reproduction f
Cost
Total
rare
$350.00 I $330,00 5275.00 5230.00 $135.00
Fees I Permitting
1.0
-IProject Management I
DI 345
3" 0
5212,300 SO
SO So
$O- $0-
521z300
1.1
Project Adrntn
I
I I
so
so
s0
11A
BDE Reporting
1 121
121 121
$s,900
I
so
58,900
1.1.3.
Invoking
I I
I I I
s0 1
I
$0
s0
1,1_C.
Prepare Monthly Prc7ess Reports
1 121
121 1 121
$8.9DO I
I
50
58.900
1.1.D.
Process Payments t5 Developer
1 241
241 1 f
514,600 I
I (
$0
514,600
1.2
comet inlcauons ana Re rung
I I
I I i
$0 I
I I
so
So
1.2A
City Progress MeeungS (21rL)
I 481
481 1
529,100 I
I I
SO
529,100
12.8.
Developer Progress Meetings
I 96I
961 I
$58,100 I
I I
I SO
$58,100
(4lmonth
1C.
2.
Stakes Ider Meetings I
I II
II
55,500 I
1 1
1 So
$5.500
1.3
Roadway. Water and Sanitary Sewer I
I 1441
1" I I
587,200
I
I Sol
587.20D
Confict Issue Resolutions
2.0
lconflictAi
of 2561
256 of Di
$154,400 Sol
Sol $o
Sol Sol
$154.400
2.1
lI,35YVScM0r&tcReview I
I I
I I 1
501 I
I
1 Sol
$DI
22
ISite visits I
I 12DI
1201 1 1
$72,6001 I
I
1 $oi
572.600,
23
Utility Conflict Plan Set Reviews 1
I 1201
1201 1 1
ST2,6001
I I
S01
572600I
2-44
iscellaneous Survey� (see Task 4) 1
+ I
1 1
so I
1 1
$01
s0.
2.5
IMiscallansousSUE (see Task 4) 1
I 1
1 1
Sol I
I I
Sol
soi
ze
1
I 5
5 1 1
53,1001 1
1 1
Sol
53,1001
2.7
PDeliverables
eeengs 1
i 10
10 1 1
$6.100� I
I I
Sol
$6.100
3.0
1`contWctionSupport Services
D Zzo
220 of of
$133.1001 Sol
Sol Sol
$800 $800
$133,900
3.1
'4onstructlon Support Services I
180
i8d I 1
$108.9001
SD1
5800 5800
5109.700
32
R®view ofClosecutDocuments 1
201
201 1 I
512,1D01 ,
' I
So
$12,100
3.3
Deliverables 1
20
20 1
$12.1001 1
1 1
SO
$12.100
4.0
Survey d, Subsurface Utility Eng. 1
0 401
40I 0 Ol
$24,200; S30,ODol
Sol 53,0001
So 53310001
$57.200
4.1
Easement Research l
20
20I 1
$12.1 DOI $10,0001
I 51,D00
l 511,OOO1
523,10D
42
Subsurface Utility Engineering 1
201
20 1
$12,1001 $20,000I
52,000
I $22,0001
534,100
0 8601
esol 0 24
5524,000j 530,000j
so� $3,000
Satiol 533,300;
5557,300
(A) Total Fee
5557,800
(B) Survey Fee
523,100
(C) Total Fee (-) survey Fee
5534.700
I
Water Fee (50% of C) I Sewer Fee (50% of C) 1
f
$267.350.00 I
S26I,350.00 4
Project Summary
Total Hours
1.744
Description
WP Water
Sewer
Total labor
5524.D00
Conceptual Design (30%)
31 SaO.205.00
580.205.00
Total "rise
S33,B00
I Preliminary Design (60%)
32 5160.410.00
s150,410.Do
MWBE Subconsultant
530.000
I Final Design (10%)
33 526,735.00
526,735.00
Non-MWBE Subconsultant
SO
I survey
51 $11.550.00
511.550,00
MWBE Participation
5.4%
I
I Subtotal
5278.900,00
I
I 5278.900XI)
I Total
5557,800.00 I
City of Fort Worth, Texas
Attachment B - Level of Effort Supplement
Typical Water and Sewer Replacement
FWWTR Official Releaso Date: 8.09.2012
1278/2022
Page 1 of 1
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
SE Connector
City Project No. 104513
NO CHANGES
City of Fort Wodh, Texas
Attachment C
PMO Release Date; 05.19.2010
Page I of
Attachment D - CPN 104513
Southeast Connector 0-20 from Forest Hill Dr. to Park Springs Blvd., 1-820 from 1-20 to Brentwood Stair Rd, and US 287 from Bishop St to Sublett Rd.) Project
ID ID
Task Name
Duration
Star,.
Finish Predecessors
i%Complete
Z023
12024
Ant— Fnhno, March A-il May June July
Aueu^. ieptembe October VovembOcccrnbci January February
1 1
SE Connector
Z61 days
Wed 2/1/23
Wed 1/31/24
0%
,
2
2
Notice to Proceed
1 day
Wed 2/1/23
Wed 2/1/23
O%
3
3
Project Management
26C days
Thu 2/2/23
Wed 1/32/24 Z
0%
+
4
Project Admin
260 days
Thu 2/Z/Z3
Wed 1/31/24
0%
,
■
5
5
Kickoff Meeting with City
1 day
Thu 2/2/23
Thu 2/2/23
0¢/
6
6
Data Collection
10 days
Thu 2/2/23
Wed 2/15/23
0%
7
7
Prepare Subconsultant
10 days
Thu 2/2/Z3
Wed 2/15/23
0%
#
Contracts
Process Payments to
260 days
Thu 2/2/23
Wed 1/31/24
0%
�I, + I, . I „■,I . , I I
. ■ ... , ,. I,■ ,.�■■■...,,.■_..+
�$
Developer
9
9
Meetings
260 days
Thu 2/2/23
Wed 1/31/24
0%
■
a
10
City Progress Meetings
26C days
Thu 2/2/23
Wed 1/31/24
0%
+I,.r .� . .', •I •
■ • I I I —,
11 11
Weekly Developer
260 days
Thu 2/2/23
Wed 1/31/24
0%
.ul+..■■
r �.■I. ,■�rr■�IrrW■rr1
Progress Meetings
�r
0%
--�-
12 12
Stakeholder Meetings
260 days
Thu 2/2/23
Wed 1/31/24
II■ram I. I■■II. ,
llr■una.■.L■ar-
13 13
Conflict Issue Resolution
260 days
Thu 2/2/23
Wed 1/31/24
0%
,�
■
14
14
City Coordination
260 days
Thu 2/2/23
Wed 1/31/24
0%
I . , .. I
, 11 - ■ u rr.+r. ,■ ..Il
15
15
Developer Coordination
260 days
Thu 2/2/23
Wed 1/31/24
0%
■ ■� Y■ .+■ . L,.
. Y, -- — - -- —
16
16 Conflict Analysis
17 Schematice Review
18 Site Visits
19 Utility Conflict Plan Set
Reviews
260 days
20 days
260 days
260 days
Thu 2/2/23
Thu 2/2/23
Thu 2/2/23
Thu 2/2/23
Wed 1/31124 2
Wed 3/1/23
Wed 1/31/24
Wed 1/31/24
17
18
19
20 120 Plan Set Review Meetings 260 days Thu 2/2/23 Wed 1/31/24
21 !21 Construction Support Services 197days TueS/2/Z3 Wedl/31/Z4
22 22 Construction Support
Services
23 23 Closeout Documents
Task
Project: SE Connector split
Date: Thu 12/29/22 Milestone
Summary
197 days Tue 5/2/23 Wed 1/31/24
88 days Mon 1C/2/23 Wed 1/31/24
1■■�■I■■Nohow Pmjectsummary
.IL., L.I..,I,IIInaRivc Task
♦ IrwRivc Milcton¢
Inactly¢ summary
0%
0%
- -" - C Manual Task
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Manual summary Rotup
Manual Summary
Page 1
11
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II I _ _ _ ■— , ■ �Ill li Y 11 Y 1■r��ll i
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External Tasks Manual ftq -
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ATTACHMENT "F"
CERTIFICATE OF INSURANCE
SE Connector
City Project No, 104513
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, May 23, 2023
LOG NAME: 60SECONNECTOR-KHA
REFERENCE NO.: **M&C 23-0413
SUBJECT:
(CD 8 / Future CD 8) Authorize Execution of Engineering Agreement with Klmley-Horn and Associates Inc.,
in the Amount of $557,800.00 for the Southeast Connector Project and Adopt Appropriation Ordinance to
Effect a Portion of Water's Contribution to the Fiscal Years 2023-2027 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an engineering agreement with Kimley-Horn and Associates, Inc. in the
amount of $557,800.00 for the Southeast Connector project; and
2. Adopt the attached appropriation ordinance increasing receipts and appropriations in the Water &
Sewer Capital Projects Fund in the amount of $937,800.00, from available funds, for the purpose of
funding the Southeast Connector project (City Project No. 104513) to effect a portion of Water's
contribution to the Fiscal Years 2023-2027 Capital Improvement Program.
DISCUSSION:
Texas Department of Transportation (TXDOT) entered into an Agreement with South -Point Constructors
(SPC) to identify and construct highway improvements in southeastern part of Tarrant County including
portions of the Interstate Highway IH-20W, IH-820, and US 287 corridors within the City. TXDOT and SPC
control the schedule timeline, the scope, and the total cost of this project. These improvements affect the
City's water and wastewater infrastructure which must often be relocated.
This Mayor and Council Communication (M&C) Is to authorize the execution of an engineering agreement
with Kimley-Horn and Associates, Inc. in the amount of $557,800.00 for design oversight and construction
support services as SPC proceeds with the highway project.
The proposed scope of services consists of:
• Project management;
• Plan reviews of drawings provided by the contractor or other engineers;
• Construction support services including attend preconstruction meetings, on -site observations,
construction progress meetings, and shop drawing reviews;
• Project meetings with the City, stakeholders, contractors, other consultants, and citizens; and
• Conflict analysis along iH-20W, IH-820, and US 287.
Kimley- Horn and Associates, Inc., proposes to perform the necessary services for a fee not to exceed
$557,80D.00. In addition to the contract amount, $380,000.00 (Water: $190,000,00; Sewer: $190,000.00)
Is required for project management and Inspection.
SPC will reimburse the City for this agreement and future amendments on the project in accordance with
SE Connector Public Utility Accommodation Agreement (PUAA).
This project will have no impact on the Water Department operating budget when complete.
It is the practice of the Water Department to appropriate its Capital Improvement Program (CIP) plan
throughout the fiscal year, instead of within the annual budget ordinance, as projects commence,
additional funding needs are identified, and to comply with bond covenants. The actions in the M&C will
appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2023-2027
Capital Improvement Program, as follows:
60SECONNECTOR-KHA
Capital Project FY2023 CIP Authority Budget Revised
`� Fund 11 Name I1Appropriations I II Change 11 FY2023
Name (Increasel Budget
Decrease)
Fund 104513
56402 _ Southeast
— W&S Connector $0.00 This M&C $937,800.00 $937,800.00
Capital Project
Projects
Funding for the Southeast Connector project is depicted below:
Fund Existing (Additional Appropriations Project Total*
Appropriations
W&S
Capital
Projects $0.00 $937,800.00 $937,800.00 �
- Fund
66002
Project $0.00
Total
$937,800.00 $937,800.00
*Numbers rounded for presentation purposes.
Funding is available in Water Department's Unspecified -All Funds project within the Water & Sewer
Capital Projects Fund for the purpose of funding the Southeast Connector project.
Business Equity: Kimley-Horn and Associates, Inc., is in compliance with the City's Business Equity
Ordinance by committing to five percent MWBE participation on this project. The City's MWBE goal on
this project is five percent.
This project is located in COUNCIL DISTRICT 8 and FUTURE COUNCIL DISTRICT 8.
FISCAL INFORMATION I CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Unspecified -All Funds project
within the W&S Capital Projects Fund, and upon approval of the above recommendations and adoption of
the attached appropriation ordinance, funds will be available in the W&S Capital Projects Fund for the
Southeast Connector project to support the approval of the above recommendations and execution of the
contract. Prior to any expenditure being incurred, the Water Department has the responsibility of verifying
the availability of funds.
FUND IDENTIFIERS (FIDs):
TO
IFund l Department jAccountl Project IProgram�Activity� Budget Reference # r
mount
�
ID II ID `` II Year (Chartfield 2)
FROM
Fund Department ccoun Project ctivity Budget Reference # mount
k l ID ID JProgram
I Year ` (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by_ Dana Burghdoff (8018)
Ortgtnating Department Head: Chris Harder (5020)
Additional Information Contact: John Kasavich (8480)
ATTACHMENTS
1. 60SECONNECTOR MAP.pdf (Public)
2. 60SECONNECTOR-KHA Complianco Memo.pdf (CFW Internal)
3. 60SECONNECTOR-KHA Form 1295.pdf (CFW Internal)
4. 60SECONNECTOR-KHA funds availabilitvpdf (CFW Internal)
5. 60SECONNECTOR-KHA SAM.rndf (CFW Internal)
6. 60SECONNECTOR-KHA Undated FID.xlsx (CFW Internal)
7.ORD.APP 60SECONNECTOR-KHA 56002 A023(r3).docx (Public)
B. PBS CPN 104513.ndf (CFW Internal)
9. Res.60SECONNECTOR-KHA.doex (Public)
60SECONNECTOR-KHA FED Table
2 and 3)
56002
0600430
2 and 3)
56002
0600430
2 and 3)
56002
0600430
2 and 3)
56002
0700430
2 and 3) 1 56002 1 0700430
5XXX) C UNSPEC
4956001 104513
5XXX) X 104513
4956001 104513
SXXXX X 1 104513
2023
2023
2023
2023
2023
(S937,800.00)
($937,800.00)
$468,900.00
$468,900.00
$468,900.00
$468,900.D0
56002
56002
56002
56002
0600430
0600430
0700430
0600430
4956001
4916001
4956001
4956001
104513
UNSPEC
104513
UNSPEC
001730
UNSPEC
001730
UNSPEC
9999
9999
9999
9999
($468,900.00)
$468,900.00
1
($468,900.D0)
$468,900.00
-
•
Dept #
Account
Project•
- -
56002
0600430
4956001
104513
001730
1 9999
($468,900.00)
1
56002
0600430
5330500
104513
001730
9999
$278,900.00 Contract
2 and 3)
56002
0600430
5710010
104513
001740
9999
$80,000.00 Easement Acquisition
2 and 3)
56002
0600430
5110101
104513
001740
9999
$10,000.00 Easement Acquisition
2 and 3)
56002
0600430
5330500
104513
001740
9999
$5,000.00 Easement Acquisition
2 and 3)
56002
0500430
5740010
104513
001780
9999
$5,000.00 Easement Acquisition
2 and 3)
56002
0600430
5110101
104513 I
001730
9999 I
$40,000.00 lWater Staff
2 and 3)
56002
0600430
5310350 I
104513 II
001784
1 9999 1 1 +
$2,000.D0 ISoil Lab TPW Staff
2 and 3)
56002
0600430
5330500
104513
001784
9999
$8,000.00 ISoil Lab Consultant
2 and 3)
56002
0600430
5110101
104513
001785
999.9 {
$40,000.00 lWater Inspection Staff
56002
I 0700430
4956001
104513
001730
9999 I
($468,900.00)
1
56002
0700430
5330500
104513
001730
9999
$278,900.00Contract
2 and 3)
56002
0700430
5110101
104513
001730
9999
$40,000.00 Water Staff
and 3)
56002
0700430
5710010
104513
001740
9999
$80,000.00 Easement Acquisition
`2
2and 3)
56002
0700430
5110101
104513
001740
9999
$10,000.00 Easement Acquisition
2 and 3) I
56002
0700430
5330500
104513
001740
9999
$5,000.00 Easement Acquisition
2and 3)
56002
0700430
5740010
104513
001780
9999
$5,000.00 Easement Acquisition
2 and 3) I 56002 0700430 S310350 1 104513 001784 1 9999 I $2,000.00 Soil Lab TPW Staff
2 and 3 56002 0700430 5330500 104513 001784 9999 $8,000.00 Soil Lab Consultant
2 and 3) 56002 0700430 5110101 104513 002785 9999 $40,000.00 Water Inspection Staff