HomeMy WebLinkAboutContract 60784CSC No. 60784
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: Warfield Avenue at Cold Springs
Road and Warwick Avenue Guardrail Design — Project No. 105034.
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 $35,465.00 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 VI. D.
herein, this Agreement shall be for a term beginning upon the effective date, as described
below, and shall continue until the expiration of the funds or completion of the subject
matter contemplated herein pursuant to the schedule, whichever occurs first. Unless
specifically otherwise amended, the original term shall not exceed five years from the
original effective date.
City of Fort Worth, Texas Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
Standard Agreement for Engineering Related Design Services 105034
Revised Date: 12-08-2023
Page 1 of 15 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Article IV
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing under the same or similar circumstances and
professional license; and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
C. Designation of Engineer's Personnel
(1) The ENGINEER and CITY shall agree upon the
designation of the ENGINEER's "Project Manager" prior to starting work on
contract.
(2) ENGINEER shall inform CITY in writing of a proposed
change to their designated project manager prior to making the change or
immediately upon receiving notification that the designated project manager
is separating employment with the ENGINEER.
(3) ENGINEER shall provide resumes to the CITY of the
proposed replacement project manager(s), who shall have similar
qualifications and experience as the outgoing person, for review and
approval.
D. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise
specified in Attachment A.
City of Fort Worth, Texas Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
Standard Agreement for Engineering Related Design Services 105034
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(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could
affect the total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
E. 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.
F. 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
City of Fort Worth, Texas Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
Standard Agreement for Engineering Related Design Services 105034
Revised Date: 12-08-2023
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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.
G. 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.
H. 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.
City of Fort Worth, Texas Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
Standard Agreement for Engineering Related Design Services 105034
Revised Date: 12-08-2023
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I. 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.
J. 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 (as codified in Chapter 20, Article X of the City's Code of
Ordinances, as amended, and any relevant policy or guidance documents),
Engineer acknowledges the MBE and WBE goals established for this
Agreement 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.
K. 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
City of Fort Worth, Texas Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
Standard Agreement for Engineering Related Design Services 105034
Revised Date: 12-08-2023
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subsection (3) hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to reproduce such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of hard copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
L. 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.
M. 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 respondent superior shall not apply.
N. 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.
O. 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.
P. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to complywith published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required,
City of Fort Worth, Texas Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
Standard Agreement for Engineering Related Design Services 105034
Revised Date: 12-08-2023
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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.
Q. 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.
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Standard Agreement for Engineering Related Design Services 105034
Revised Date: 12-08-2023
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E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of such
materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification
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.
City of Fort Worth, Texas Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
Standard Agreement for Engineering Related Design Services 105034
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(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third -party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. 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 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
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.
City of Fort Worth, Texas Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
Standard Agreement for Engineering Related Design Services 105034
Revised Date: 12-08-2023
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C. Force Majeure
CITY and ENGINEER shall exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement, but shall
not be held liable for any delay or omission in performance due to force
majeure or other causes beyond their reasonable control, including, but not
limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters,
epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
D. Termination
(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,
City of Fort Worth, Texas Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
Standard Agreement for Engineering Related Design Services 105034
Revised Date: 12-08-2023
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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
property infringement, orfailure 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 hold harmless
CITY and all of its officers, agents and employees from and against all
City of Fort Worth, Texas Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
Standard Agreement for Engineering Related Design Services 105034
Revised Date: 12-08-2023
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claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
K. Contract Construction/No Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel,
have reviewed and revised Agreement and that the normal rule of contract
construction, to the effect that any ambiguities are to be resolved against
the drafting party, must not be employed in the interpretation of Agreement
or any amendments or exhibits hereto.
The failure of CITY or ENGINEER to insist upon the performance of any
term or provision of this Agreement or to exercise any right granted herein
shall not constitute a waiver of CITY's or ENGINEER's respective right to
insist upon appropriate performance or 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"
City of Fort Worth, Texas Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
Standard Agreement for Engineering Related Design Services 105034
Revised Date: 12-08-2023
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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 2276 of the
Texas Government Code, 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 2276 of the Texas Government
Code. To the extent that Chapter 2276 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, 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. 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
City of Fort Worth, Texas Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
Standard Agreement for Engineering Related Design Services 105034
Revised Date: 12-08-2023
Page 13 of 15
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.
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
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
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Jesica McEachern
Assistant City Manager
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Date: PJ, F FORry0�,�
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Jannette Goodall
City Secretary
APPROVAL RECOMMENDED:
A.
B y.L--1 P,ieu r (J- 16.2024 08:44 CST)
Lauren L. Prieur
BY:
ENGINEER
Kimley-Horn and Associates, Inc.
1.4f 4*,,vj
Scott R. Arnold, P.E.
Vice President
Date: January 8, 2024
Director, Depertment of Transportation
and Public Works OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Warfield Avenue at Cold Springs Road and Wa wick Avenue Guard ail Design
Standard Agreement for Engineering Related Design Services 105034
Revised Date: 12-08-2023
Page 14 of 15
APPROVED AS TO FORM AND LEGALITY
4)�
By: DBlzck (Jan 18, 202413:58 CST)
Douglas W Black
Sr. Assistant City Attorney
Contract Compliance Manager:
M&C No.: N/A
M&C Date: N/A
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.
a--17�
Clint Hoover, P.E.
Engineering Manager
City of Fort Worth, Texas Warfield Avenue at Cold Springs Road and Warwick Avenue Gua drail Design
Standard Agreement for Engineering Related Design Services 105034
Revised Date: 12-08-2023
Page 15 of 15
FORT WORTH.
ATTACHMENT "A"
Scope for Enaineerina Desian Related Services for
Warfield Avenue at Cold Sprinas Road and Warwick Avenue Safetv Improvements
The scope set forth herein defines the work to be performed by the ENGINEER in completing
the project. Both the CITY and ENGINEER have attempted to clearly define the work to be
performed and address the needs of the Project.
OBJECTIVE
The objective of the Warfield Avenue at Cold Springs Road and Warwick Avenue guardrail
design project is to design the installation of new metal beam guardrail at the corner of
Warfield Avenue and Cold Springs Road to protect vehicles against drainage channel and
culvert.
WORK TO BE PERFORMED
Task 1. Design Management
Task QoGoptual Design (301 ) [NOT USED]
Tack3Dreliminary Design (60%)r[NOT USED]
Task 4. Final Design (90% and 100%)
Task E. Bid Phase SeNo ^c [NOT USED]
Task 6. Construction Phase Services
Task 7. ROW/Easement Services
Task 8. Survey and Subsurface Utility Engineering Services
Taolc 0. Regig-[NOT USED]
City of Fort Worth, Texas Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
Attachment A CPN 105034
PMO Release Date: 07.23.2012
Page 1 of 9
FORT WORTH.
TASK 1. DESIGN MANAGEMENT.
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use
of ENGINEER's and CITY's time and resources. ENGINEER will manage change,
communicate effectively, coordinate internally and externally as needed, and proactively
address issues with the CITY's Project Manager and others as necessary to make progress
on the work.
1.1. Managing the Team:
• Lead, manage and direct design team activities.
• Ensure Quality Control / Quality Assurance (QC/QA) is practiced in performance
of the work.
• Communicate internally among team members.
• Task and allocate team resources.
1.2. Communications and Reporting:
• Attend a pre -design project kickoff/charter meeting with CITY staff to confirm and
clarify scope, understand CITY objectives, and ensure economical and functional
designs that meet CITY requirements.
• Attend one (1) field meeting with CITY representatives, including Stormwater
Department, prior to the 90% submittal.
• Conduct and document monthly project update meetings with CITY Project
Manager.
• Conduct review meetings with the CITY at the end of each design phase.
• Conduct QC/QA reviews and document those activities.
• Prepare invoices, in accordance with Attachment B to this Standard Agreement
and submit monthly in the format requested by the CITY.
• Prepare and submit monthly Project Status Reports in the format provided by the
respective Transportation and Public Works Department.
ASSUMPTIONS
• One (1) pre -design project kickoff/chartering meeting.
• One (1) field review meeting.
• Two (2) monthly project update meetings during design phase.
• One (1) plan review meeting.
• All submittals to the CITY will be quality checked prior to submission.
• Project design phase is anticipated to take two (2) months.
• Project construction phase is anticipated to take three (3) months.
City of Fort Worth, Texas Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
Attachment A CPN 105034
PMO Release Date: 02.06.2015
Page 2 of 9
FORT WORTH.
DELIVERABLES
A. Meeting summaries with action items
B. Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
C. Monthly project status reports
D. Monthly invoices
TASK 2. CONCEPTUAL DESIGN (30 PERCENT) - [NOT USED].
TASK 3. PRELIMINARY DESIGN (60 PERCENT) - [NOT USED].
TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS
(100 PERCENT).
ENGINEER will develop the final plans and specifications of Infrastructure as follows:
ENGINEER will develop the preliminary design of the infrastructure as follows.
4.1. Final Design (90%) Drawings and Specifications shall consist of the following:
• Quantity summary page and each design sheet shall include a quantity take off
table.
• Traffic control plan including all construction signage and pavement markings which
will be in accordance with the latest edition of the Texas Manual on Uniform Traffic
Control Devices.
• Existing conditions and removal sheets
• Guardrail and paving layout sheet
• Guardrail terminal calculations.
• Signing and pavement marking sheets
• Applicable CITY standard detail sheets.
• Documentation of key design decisions.
• Opinion of probable construction cost (OPCC).
Because the ENGINEER does not control the cost of labor, materials, equipment
or services furnished by others, methods of determining prices, or competitive
bidding or market conditions, any opinions rendered as to costs, including but not
limited to opinions as to the costs of construction and materials, shall be made on
the basis of its experience and represent its judgment as an experienced and
qualified professional, familiar with the industry. The ENGINER cannot and does
not guarantee that proposals, bids or actual costs will not vary from its opinions
of cost.
City of Fort Worth, Texas Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
Attachment A CPN 105034
PMO Release Date: 02.06.2015
Page 3 of 9
FORT WORTH®
4.2. Constructability Review
• After completion of 90% percent review meeting with the CITY, the ENGINEER
shall schedule and attend a project site visit with the CITY Project Manager and
Construction personnel to walk the project. The ENGINEER shall summarize the
CITY's comments from the field visit and submit this information to the CITY in
writing.
4.3 Utility Clearance
• ENGINEER will develop the design of CITY facilities to avoid or minimize conflicts
with existing utilities, and where known and possible consider potential future
utilities in designs. Where conflicts cannot be avoided, coordination of Utility
Conflicts will begin at the Preliminary Design phase.
• In the case of a public utility conflict, the ENGINEER will design CITY facilities to
avoid or minimize conflicts with existing utilities, and where known and possible
consider potential future utilities in designs.
• In the case of a private utility conflict, the ENGINEER will provide a PDF set of
plans with the utility conflicts highlighted and a utility conflicts table of those
conflicts to be included in a utility clearance letter for coordination. The
ENGINEER may need to coordination directly with the private utility provider if that
provider needs to undertake design to adjust their utility's location.
• The ENGINEER shall upload a PDF file of the approved preliminary plan set to the
designated project folder in BIM 360 for forwarding to all utility companies which
have facilities within the limits of the project. The PDF file should be created
directly from the CAD files.
ASSUMPTIONS
• Three (3) sets of 11 "x17" size plans will be delivered for the 90% design for review
coordination.
• A project manual will not be prepared for this project.
• PDF files created from design CAD drawings will be uploaded to the designated
project folder in BIM 360.
• All submitted documents and checklists will be uploaded to the designated project
folder in BIM 360.
• Topographic survey provided by the City will be used.
• No subsurface utility engineering (SUE) will be required.
DELIVERABLES
A. 90% construction plans and specifications.
B. Utility Conflict Coordination Package
C. 100% construction plans and specifications.
D. Detailed OPCCs including summaries of bid items and quantities using the
CITY's or TxDOT's standard bid items and format, as applicable
City of Fort Worth, Texas Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
Attachment A CPN 105034
PMO Release Date: 02.06.2015
Page 4 of 9
FORT WORTH®
TASK 5. BID PHASE SERVICES. [NOT USED]
TASK 6. CONSTRUCTION PHASE SERVICES.
ENGINEER will support the construction phase of the project as follows.
6.1. Construction Support
• The ENGINEER shall prepare one (1) task order package for the CITY's Unit Price
Contractor.
• The ENGINEER shall attend the preconstruction conference.
• After the pre -construction conference, the ENGINEER shall provide project
exhibits and attend one (1) public meeting to help explain the proposed project to
residents. The CITY shall select a suitable location and mail the invitation letters
to the affected customers.
• The ENGINEER shall attend bi-weekly construction progress meetings during the
duration of construction. The ENGINEER will prepare meeting notes with action
items and distribute there to the project team.
• The ENGINEER shall review shop drawings, samples and other submittals
submitted by the contractor for general conformance with the design concepts and
general compliance with the requirements of the contract for construction. Such
review shall not relieve the Contractor from its responsibility for performance in
accordance with the contract for construction, nor is such review a guarantee that
the work covered by the shop drawings, samples and submittals is free of errors,
inconsistencies or omissions. The ENGINEER shall log and track all shop
drawings, samples and other submittals in BIM 360.
• As requested by the CITY, the ENGINEER shall provide necessary interpretations
and clarifications of contract documents, review change orders, and make
recommendations as to the acceptability of the work.
• The ENGIENER will meet with the Project Delivery Team and Contractor on -site
to review any field changes.
• The ENGINEER will coordinate with the TPW department as necessary.
• The ENGINEER shall attend the "Final" project walk through and assist with
preparation of final punch list.
6.2 Record Drawings
• The ENGINEER shall prepare record drawings from information provided by the
CITY depicting any changes made to the Final Drawings during construction.
Information provided by the CITY may include, but is not limited to the following:
o As -built survey
o Red -line markups from the Contractor
o Red -line markups from CITY Inspector
o Copies of approved change orders
City of Fort Worth, Texas Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
Attachment A CPN 105034
PMO Release Date: 02.06.2015
Page 5 of 9
FORT WORTH.
o Approved substitutions
The ENGINEER shall modify the Final Drawings electronically and shall place a
stamp on the plans indicating that they represent Record Drawings of the project
as constructed. The stamp shall be signed and dated by the ENGINEER and shall
be placed on each plan sheet, whether there are any revisions on the sheet or not.
Each sheet shall clearly indicate all changes which apply to that sheet by clouding
and numbering, or other suitable means.
• The following disclaimer shall be included with the Record Drawing stamp:
These Record Drawings were prepared using information
provided by others and represent the as constructed conditions
to the extent that documented changes were provided for
recording. The ENGINEER assumes no liability for
undocumented changes and certifies only that the documented
changes are accurately depicted on these drawings.
The ENGINEER shall submit a set of sealed Final Drawings, modified and
stamped as Record Drawings, in Adobe Acrobat PDF format (version 6.0 or
higher). The ENGINEER may keep copies of the information provided by the CITY
for their files, but all original red -lined drawings shall be returned to the CITY with
the digital files.
• There shall be one (1) PDF file for the TPW plan set and a separate PDF for the
Water plan set, if required. Each PDF and DWF file shall contain all associated
sheets of the particular plan set. Singular PDF files for each sheet of a plan set
will not be accepted. PDF and DWF files shall conform to naming conventions
as follows:
I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the
assigned file number obtained from the CITY, "_org" designating the file is
of an original plan set, "47" shall be the total number of sheets in this file.
Example: W-0053—org3.pdf and K-0320—org5.pdf
II. Water and Sewer file name example — "X-35667_org36.pdf" where "X-
35667" is the assigned file number obtained from the CITY, "_org"
designating the file is of an original plan set, "36" shall be the total number of
sheets in this file.
Example: X-12755—org18.pdf
PDF files shall be uploaded to the project's Record Drawing folder in BIM 360.
For information on the proper manner to submit files and to obtain a file number for
the project, contact the Department of Transportation and Public Works Vault at
telephone number (817) 392-8426. File numbers will not be issued to a project
unless the appropriate project numbers and fund codes have been assigned and
are in the Department of Transportation and Public Works database.
City of Fort Worth, Texas Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
Attachment A CPN 105034
PMO Release Date: 02.06.2015
Page 6 of 9
FORT WORTH.
ASSUMPTIONS
• Three (3) site visits are assumed.
• One (1) submittal review is assumed.
• Two (2) RFI's are assumed.
• One (1) change order is assumed.
DELIVERABLES
A. Response to Contractor's request for information.
B. Review of change orders.
C. Review of shop drawings.
D. Final punch list items.
E. Record drawings in digital format.
TASK 7. ROW/EASEMENT SERVICES.
ENGINEER will support and perform activities related to ROW and land as outlined below,
per scoping direction and guidance from the CITY's Project Manager.
7.1. Right -of -Way Research
• The ENGINEER shall determine rights -of -way, easements needs for construction
of the project. Required temporary and permanent easements will be identified
based on available information and recommendations will be made for approval
by the CITY.
7.2. Right-of-Way/Easement Preparation and Submittal.
• The ENGINEER shall prepare documents to be used to obtain right-of-way and
permanent and/or temporary easements required to construct the improvements.
• The documentation shall be provided in conformance with the checklists and
templates available on the CITY's Buzzsaw site.
ASSUMPTIONS
Right -of -Way research includes review of property/right-of-way records based on
current internet based Tarrant Appraisal District (TAD) information available at
the start of the project and available on -ground property information (i.e. iron
rods, fences, stakes, etc.). It does not include effort for chain of title research,
parent track research, additional research for easements not included in the
TAD, right-of-way takings, easement vacations and abandonments, right-of-way
vacations, and street closures.
DELIVERABLES
A. One (1) Easement exhibits and meets and bounds provided on CITY forms.
City of Fort Worth, Texas Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
Attachment A CPN 105034
PMO Release Date: 02.06.2015
Page 7 of 9
FORT WORTH®
TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES.
ENGINEER will provide survey support as follows.
8.1 Design Survey
ENGINEER will perform field surveys to collect horizontal and vertical elevations
and other information needed by ENGINEER in design and preparation of plans
for the project. Information gathered during the survey will consist of topographic
data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations,
location of buried utilities, structures, trees (measure caliper, identify overall
canopy, and have qualified arborist identify species of trees), and other features
relevant to the final plan sheets. Existing drainage at intersections will be verified
by field surveys. Spot elevations will be shown on intersection layouts with cross
slope to fit intersecting grade lines.
The minimum survey information to be provided on the plans will consist of the
following:
— A Project Control Sheet, showing ALL control points, used, or set while
gathering data. Generally, on a scale of not less than 1:400:
— The following information about each control point.
a. Identified (Existing. CITY Monument#8901, PK Nail, 5/8" Iron Rod).
b. X, Y and Z coordinates, in an identified coordinate system, and a referred
bearing base. Z coordinate on CITY datum only.
c. Descriptive location (Ex. Set in the centerline of the inlet in the south curb
line of North Side Drive at the east end of radius at the southeast corner
of North Side Drive and North Main Street).
— Coordinates on all P.C.'s, P.T.'s, P.I.'s, manholes, valves, etc., in the same
coordinate system, as the control.
— No less than two horizontal bench marks, per line or location.
— Bearings given on all proposed centerlines, or baselines.
— Station equations relating utilities to paving, when appropriate.
TASK 9. PERMITTING. [NOT USED]
City of Fort Worth, Texas Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
Attachment A CPN 105034
PMO Release Date: 02.06.2015
Page 8 of 9
FORT WORTH.
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in the existinq Scope of Services — CITY and
ENGINEER agree that the following services are beyond the Scope of Services described in
the tasks above. However, ENGINEER can provide these services, if needed, upon — be sure
to track changes. 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 — be sure
to track changes. in writing by both parties before the services are performed. These
additional services include the following:
• Topographic survey.
• Subsurface Utility Engineering.
• 30% and 60% design.
• Services related to development of the CITY's project financing and/or budget.
• Design for the drainage rip rap. If the modification for drainage rip rap is required, it will
be provided under separate scope.
• Services related to disputes over pre -qualification, bid protests, bid rejection and re-
bidding of the contract for construction.
• Construction management and inspection services.
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake, or other acts of God.
• Services related to warranty claims, enforcement, and inspection after final completion.
• Services to support, prepare, document, bring, defend, or assist in litigation undertaken
or defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project as
requested by the CITY.
City of Fort Worth, Texas Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
Attachment A CPN 105034
PMO Release Date: 02.06.2015
Page 9 of 9
ATTACHMENT B
COMPENSATION
Design Services for
Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
City Project No. 105034
Lump Sum Project
Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $35,465.00 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.
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
Worth's 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
Transportation and Public Works Department monthly progress reports and
schedules in the format required by the City.
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 1 of 3
Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
CPN: 105034
B-1
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases.
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 3 of 3
Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
CPN: 105034
B-3
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility
Kimley-Horn and Engineering Services
Associates, Inc.
Proposed MWBE Sub -Consultants
Non-MWBE Consultants
Project Number & Name
Warfield Avenue at Cold Springs
Road and Warwick Avenue
Guardrail Design
City MWBE Goal = 0%
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 2 of 3
Fee Amount %
$35,465.00 100%
TOTAL $35,465.00 100%
Total Fee MWBE Fee MWBE %
$35,465.00 $0 0%
Consultant Committed Goal =0 %
Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
CPN: 105034
Professional Services Invoice
Project Manager: (Clint Hoover, P.E. I Summary
Project: lWarfield Ave at Cold Springs
Rd at Warwick Ave Guardrail Design
City Project #: 1105034
City Sec Number:
supplier Instructions:
Fill in green cells including Invoice Number, From and To Dates and the included worksheets.
Company Name: IKimley-Horn and Associates, Inc.
I When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the
Consultant folder within Project's folder.
Supplier's PM: AbhishekAcharya, P.E., PTOE
Supplier Invoice #:
Payment Request #:
Service Date:From
Service Date:To
Invoice Date:
email.
Office Address
Telephone:
Fax:
Remit Address:
Sheet FID and Work Type Description
Work Type 1 Warfield Ave at Cold Springs Rd at Warwick Ave Guardrail Design
Work Type 2
Work Type 3
Work Type 4
Work Type 5
Work Type 6
Totals This Invoice
a b h i s h e k. a c h a rya (a) k i m l ey-horn . c o rn
801 Cherry Street, Unit 11 Suite 130(
817-335-6511
, Fort Worth, TX 76102
Agreement LTD
Agreement Amendment Amount to Completed Percent ($) Invoiced Current
Amount Amount Date Amount Spent Previously Invoice
$35,465.00 $35,465.00
$35,465.00 $35,465.00
Overall Percentage Spent:
Remaining
Balance
$35,465.00
$35,465.00
Professional Services Invoice Project Manager: Clint Hoover, P.E
Project: Warfield Ave at Cold Springs Rd at Warwick Ave
City Project #: 105034
Work Type Desc: Supplier Instructions:
FID:
City Sec Number: Fill in green cells including Percent Complete and Invoiced Previously Quanities
Purchase Order: When your Invoice is complete, save and close, start B—saw and Add your invoice to the
Consultant folder within Project's folder.
Company Name: Kimley-Horn and Associates, Inc.
Supplier's PM: Abhishek Acharya, P.E., PTOE
Supplier Invoice #:
Payment Request#:
Service Date:From
Service Date:To
Invoice Date:
Pay Items
Description
30 - Design
Totals This Unit:
email: abhishek.acharya@kimley-horn.com
Office Address: 801 Cherry Street, Unit 11 Suite 1300, FortWorth, TX 76102
Telephone: 817-3 3 5-6511
Fax:
Remit
Agreement LTD
Agreement Amendment Amendment Amount to Completed Percent ($) Invoiced Current
Amount Number Amount Date Amount Spent Previousltl Invoice
$35,465.00 $35,465.00 I 1 1
$35,465.00
$35,465.00
Overall Percentage Spent:
Remaining
Balance
$35,465.00
$35,465.00
Level of Effort Spreadsheet
TASK/HOUR BREAKDOWN
Design Services for
Warfield Avenue at Cold Springs Road and Warwick Ave Guardrail Design
City Project No. 105034
Task Description ''
Task No. Control
Sr. Project
Manager
Project
Manager
Project
Engineer IV
Labor (hours)
EIT III
EIT II
EIT
RPLS-
Surveyor
Administrative
Total Labor
Cost
$3,920
Expense
Subconsultant
SEE Non-SBE
Travel
Fees
Total Expense
Cost
$25
Task Sub Total
$3,945
1.0 Design Management 1
1.1 Managing the Team 1
1.2 CQ r- tigq W Reporting
1.2.1 Pre -Des qn Kl�of) Meetiy
1.22 Attend One'1t field meeting (90%)
1.2.3 Monthlyproect progress meetings with City PM (2 ea)
124 Monthly invoices (2 ea)
1.2.$ Monthly progress reports (2 ea)
9
0
0
0
6
0
0
1
$0
$0
$25
$0
2
2
2
2
1
$860
1
$2
1
$0
$860
$0
$610
"$610
$25
$750
$0
$890
$0
$390
$445
2.0 rConceptual Design 30 % [NOT APPLICABLE] I 0 0 0 0 0 0 0 0 0
3.0 Preliminary/ Desi pr �60� JNOT APPLICABLE] 0 0 0 0 0 0 0 0 0
4.0 Final Desk�gn rr90°%\ and IInal Construction Documents (100 %) 5 16 0 0 0 65 0 0 0
4.1 Draft consf lion p ans (90%)
4.1.1 Quantity Summary Page 2
4.1.2 Traffic Control Plan (City Sid Details) J 1
4.1.3 Existing Conditions and Removals ( 2
4.1.4 Proposed Guardrail and Paving Layout Sheet (1 sheet) 2 2 24
4.1.$ Guardrail Calculations 4
4.1.6 Proposed Si,��ning and Striping Layout (2 sheets) 1 2 10
4.1 J Applicable CityITxDOT Standard Details J 4
4.1.8 Documentation of Key Design Decisions( 2
4.1.9 OPCC 2
4.1.10 Constructability Review 2 2
4.2 Final construciton plans (100%) 2 1 12
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$16,705
$0
$0
$50
$0
$50
$16,755
$0
$330
$50
$0
$0
$0
$330
$445
$610
$0
$445
$0
$610
$5,120
$940
$0
$5,120
$0
$940
$2,510
$940
$0
$2,510
$0
$940
$610
$610
$0
$610
$0
$610
$890
$3,700
$50
$940
$0
$3,700
5.0 rBid Phase Services [NOT APPLICABLE] r 01 0
6.0 Construction Phase Services 1
6.1 Construction Sgport (3 months)
6.1.1 Prepare Task Order Package
6.1.2 Attend Pre -Construction Conference 2
6.1.3 Attend Monthly Construction Status Meetings (3 each) 2
6.1.4 Review Shop Drawin�js (1 each) ��J
6.1.9 Prepare RFIS (2 each)
6.1.6 Meet On -Site to Review Field Changes 2
6.0 Punch List Walk Through J
6.2 Record Drawings 1
7.0 ROW/Easement Services
7.1 RiQht-of-Way Research 1
7.2 ROW/Easement Submittal 1 document
01
01
01
01
01
01
ol
$0
$0
$0
$0
$0
$0
$0
01
01
01
171
01
01
0
$5,885
$0
$0
$100
$0
$100
$5,985
2
3
2
2
2
2
4
$610
$50
$24
$24
$0 $0 $0 $0
$0
$610
$560
$1,055
$0
$560
$50
$1,105
$610
$610
$0
$610
$0
$610
$890
$610
$25
$915
$25
$635
$940
$0
$940
2,670
$0
$2,670
2
1
$890
$1,780
$0
$890
$0
$1,780
8.0
8.1
surve
Designurve
0
1
0
0
0
2
0
0
0
$610
$0
$5,000
$0
$0
$5,000
$5,610
1
2
$610
$5,000
$5,000
$5,610
9.0 Permitting [NOT APPLICABLE]
Totalsi
0
0
0
0
0
0
0
0
0
0
$0
0
0
0
$0
0
6
38
0
0
0
96
0
5
1
$23,790
$0
$5,000
$175
$0
$5,175
$34,965
City of Fort Worth, Texas
Attachment B - Level of Effort Supplement
PMO Official Release Date: 8.09.2012
Project Summary
Total Hours 146
Total Labor $29,790
Total Expense $5,175
j j1FAR $ypwnsultant $0
Non-M9�/$9E Subconsultant $5,000
10% Sub Markw $500
MBE/SBE Participation 0.0%
Total Project Coati $35,465
1 of
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
City Project No. 105034
No changes are proposed to the Standard Agreement
City of Fort Worth, Texas Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design
Attachment C CPN: 105034
PMO Release Date: 05.19.2010
Page I of I
FORT WORTH
ATTACHMENT "D"
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 00 31 15 entitled
Engineer Project Schedule.
ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for
planned sequencing of the work activity and timing of the work.
B. Schedule "Tier" Selection
City has identified three "Tier" levels for project schedules as defined in City's
Specification 00 31 15, to align with the size and complexity of the project as a basis for
schedule development. City's Project Manager will determine the "Tier' level for the
ENGINEER's project schedule as part of the negotiation of the Agreement.
C. Project Baseline Schedule
ENGINEER will produce an initial project schedule and submit as a "baseline" for review
and acceptance by City's Project Manager as defined in City's Specification 00 31 15
which will be referred to as the Project Baseline Schedule. Updates to the baseline
schedule follow the requirements of City's Specification 00 31 15.
D. Project Progress Schedule
ENGINEER will provide to the City, monthly updates to their project schedule indicating
progress of the Work in compliance with the requirements of City's Specification 00 31
15 and said schedule will be referred to as the Project Progress Schedule.
E. Master Project Schedule
City will develop and maintain a master project schedule for the overall project.
ENGINEER's project baseline and progress schedule submittals will be an integral part
of the development and updating process of City's Master Project Schedule.
City of Fort Worth, Texas Warfield Avenue at Cold Springs Road and Warwick Avenue Guardrail Design Guardrail Design
Attachment D CPN: 105034
Revision Date: 07.20.2018
Page 1 of 1
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EXHIBIT F
CITY OF FORT WORTH
STANDARD INSURANCE REQUIREMENTS
(1) INSURANCE LIMITS
a. Commercial General Liability — Insured shall maintain commercial general
liability (CGL) and, if necessary, commercial umbrella insurance as follows:
$1,000,000 each occurrence
$2,000,000 aggregate
If such Commercial General Liability insurance contains a general aggregate
limit, it shall apply separately to this Project or location.
City shall be included as an additional insured with all rights of defense
under the CGL, using ISO additional insured endorsement or a
substitute providing equivalent coverage, and under the commercial
umbrella, if any. This insurance shall apply as primary insurance with
respect to any other insurance or self-insurance programs afforded to
City. The Commercial General Liability insurance policy shall have no
exclusions or endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertising injury, which are normally contained
within the policy, unless City specifically approves such exclusions in
writing.
ii. Insured waives all rights against City and its agents, officers, directors
and employees for recovery of damages to the extent these damages
are covered bythe commercial general liability or commercial umbrella
liability insurance maintained in accordance with Agreement.
b. Business Auto — Insured shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance as follows:
$1,000,000 each accident (or reasonably equivalent limits
of coverage if written on a split limits basis).
Such insurance shall cover liability arising out of "any auto", including owned,
hired, and non -owned autos, when said vehicle is used in the course of Insured's
business and/or the Project. If Insured owns no vehicles, coverage for hired or
non -owned autos is acceptable.
Insured waives all rights against City and its agents, officers, directors and
employees for recovery of damages to the extent these damages are
covered by the business auto liability or commercial umbrella liability
insurance obtained by Insured pursuant to this Agreement or under any
applicable auto physical damage coverage.
CFW Standard Insurance Requirements Page 1 of 3
Rev. 5.04.21
c. Workers' Compensation — Insured shall maintain workers compensation and
employer's liability insurance and, if necessary, commercial umbrella liability
insurance as follows:
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Insured waives all rights 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 for five (5) years
following completion of services provided. The policy shall contain a retroactive
date prior or equal to the Effective Date of the Agreement or the first date of
services to be performed, whichever is earlier. An annual certificate of insurance
shall be submitted to City to evidence coverage.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that Insured has obtained all required
insurance shall be attached to Agreement concurrent with its execution. Any
failure to attach the required insurance documentation hereto shall not
constitute a waiver of the insurance requirements.
b. Applicable policies shall be endorsed to name City as an Additional Insured,
as its interests may appear, and must afford the City the benefit of any
defense provided by the policy. The term City shall include its employees,
officers, officials, and agents as respects the contracted services. Applicable
policies shall each be endorsed with a waiver of subrogation in favor of City
with respect to the Project.
c. Certificate(s) of insurance shall document that insurance coverage limits
specified in this Agreement are provided under applicable policies
documented thereon. Insured's insurance policy(s) shall be endorsed to
provide that said insurance is primary protection and any self -funded or
CFW Standard Insurance Requirements Page 2 of 3
Rev. 5.04.21
commercial coverage maintained by City shall not be called upon to
contribute to loss recovery. Insured's liability shall not be limited to the
specified amounts of insurance required herein.
d. Other than worker's compensation insurance, in lieu of traditional
insurance, City may consider alternative coverage or risk treatment
measures through insurance pools or risk retention groups. City must
approve in writing any alternative coverage for it to be accepted.
e. A minimum of thirty (30) days' notice of cancellation or material change in
coverage shall be provided to City. A ten (10) days' notice shall be acceptable
in the event of non-payment of premium.
f. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A:VII or equivalent measure of financial strength
and solvency as determined by the City's Risk Management division.
g. Any deductible or self -insured retention in excess of $25,000 that would
change or alter the requirements herein is subject to approval in writing by
City, if coverage is not provided on a first -dollar basis. City, at its sole
discretion, may consent to alternative coverage maintained through insurance
pools or risk retention groups. Dedicated financial resources or letters of credit
may also be acceptable to City.
h. In the course of the Agreement, Insured shall report, in a timely manner, to
City's Risk Management Department with additional notice to the Contract
Compliance Manager, any known loss or occurrence which could give rise
to a liability claim or lawsuit against City or which could result in a property
loss.
i. City shall be entitled, upon its request and without incurring expense, to
review Insured's insurance policies including endorsements thereto and, at
City's discretion, Insured may be required to provide proof of insurance
premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a claims -
made basis, shall contain a retroactive date 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
or reasonably equivalent insurance coverage as required for Insured. Upon
City's request, Insured shall provide City with documentation thereof.
CFW Standard Insurance Requirements Page 3 of 3
Rev. 5.04.21
POLICY NUMBER: GL5268169
COMMERCIAL GENERAL LIABILITY
CG20101219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location(s) Of Covered Operations
ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT.
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 Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations
for the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional
insured is required by a contract or
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.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury"
or "property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by
or on behalf of the additional insured(s) at
the location of the covered operations has
been completed; or
2. That portion of "your work" out of which
the injury or damage arises has been put to
its intended use by any person or
organization other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.
CG 20 10 12 19 (> Insurance Services Office, Inc., 2018 Page 1 of 2
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
Page 2 of 2 f} Insurance Services Office, Inc., 2018 CG 20 10 12 19
POLICY NUMBER: GL5268169
COMMERCIAL GENERAL LIABILITY
CG20371219
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
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
Name Of Additional Insured Person(s)
Or Organization(s)
ANY PERSON OR ORGANIZATION
WHOM YOU BECOME OBLIGATED
TO INCLUDE AS AN ADDITIONAL INSURED
AS A RESULT OF ANY CONTRACT OR
AGREEMENT YOU HAVE ENTERED INTO.
SCHEDULE
Location And Description Of Completed Operations
PER THE CONTRACT OR AGREEMENT.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part,
by "your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products -completed operations
hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional
insured is required by a contract or
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.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
CG 20 37 12 19 0 Insurance Services Office, Inc., 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 effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement, effective 12:01 AM 04/01/2023 forms a part Of Policy No. WC015893685 (AOs)
Issued to Kimley-Horn and Associates, Inc.
By NEW HAMPSHIRE INSURANCE COMPANY
This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the
Information Page.
We have the right to recover our payments from anyone liable for an injury covered by this policy. We 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
Name of person or organization
(X) Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.
2. Operations: ALL TEXAS OPERATIONS
3. Premium:
The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in
connection with work performed for the above person(s) or organization(s) arising out of the operations described.
4. Advance Premium:
WC420304B Countersigned by___________________ —
(Ed. 6-14) Authorized Representative
(D Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved.
FORT WORTH.
Routing and Transmittal Slip
Transuortation & Public Works Department
DOCUMENT TITLE: Kimley-Horn and Associates, Inc.
For: Professional Service Contract for Project 105034 Warfield Avenue at Cold Springs Rd &
Warwick Ave Guardrail Design
M&C: NA CPN:
CSO:
DOC#:
Date:
To:
Name
Department
Initials Date Out
1.
Clint Hoover
TPW- Signature
2.
Anna Benavides
TPW — Initials
A'
3.
Martin Phillips
TPW- Initials
4.
Lauren Prieur
TPW- Signature
5.
Douglas Black
Legal- Signature
&bdwb
6.
Jesica McEachern
ACM- Signature
7.
Ronald Gonzales
CSO — Initial
KC
8.
Jannette Goodall
CSO-Signature
=1
9.
Allison Tidwell
CSO-Assign CSC
,,&—
10.
Tabitha Giddings
TPW-Admin
11.
10.
DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all
City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE
APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review
and take the next steps.
NEEDS TO BE NOTARIZED: [—]YES ZNo
RUSH: ❑YES ®No SAME DAY: ❑YES ZNo NEXT DAY: []YES ZNo
ROUTING TO CSO: ZYES ❑No
Action Required:
❑ As Requested
❑ For Your Information
® Signature/Routing and or Recording
❑ Comment
❑ File
❑ Attach Signature, Initial and Notary Tabs