HomeMy WebLinkAboutContract 61682CSC No. 61682
OR
NON-EXCLUSIVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND
OR KIMLEY - H N AND ASSOCIATES, INC.
FOR THE SMALL-SCALE INFRASTRUCTURE PROGRAM
THIS NON-EXCLUSIVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT
("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a home -rule
municipal corporation of the State of Texas, acting by and through its duly authorized representative, and
KIMLEY - H N AND ASSOCIATES, INC. ("Engineer"), a North Carolina corporation, acting by and
through its duly authorized representative. City and Engineer are referred to herein individually as a "party"
and collectively as the "parties."
WHEREAS, the City's Development Services Department has a Small -Scale Infrastructure Projects
program for the design and construction of small-scale and infill-type public infrastructure improvement
projects ("SSIP"); and
WHEREAS, the City requested qualifications from engineering firms interested in providing
professional engineering services for the SSIP on an as -needed basis; and
WHEREAS, Engineer was selected as one of the firms for the SSIP on the basis of demonstrated
competence and qualifications to perform the services for a fair and reasonable price; and
WHEREAS, City and Engineer desire to enter into this Agreement for Engineer to provide City with
professional engineering services for the SSIP;
NOW, THEREFORE, in consideration of the covenants and agreements contained in this
Agreement, City and Engineer hereby agree as follows:
SECTION 1
CONTRACT DOCUMENTS
The contract documents shall include the following:
1. This Non -Exclusive Professional Engineering Services Agreement
2. Exhibit A — Engineering Scope of Services
3. Exhibit B — Compensation
4. Exhibit C — Insurance
All Exhibits attached hereto are incorporated herein and are made a part of this Agreement for all
purposes. In the event of any conflict between the Exhibits and the terms and conditions of this Agreement,
this Agreement shall control.
SECTION 2
SCOPE OF SERVICES
2.1 Engineer shall provide City with professional engineering services ("Services") as more
specifically described in the Scope of Services set forth in Exhibit A, which is attached hereto and
incorporated herein for all purposes.
2.2 Engineer understands and agrees that the City will award non-exclusive agreements to
multiple engineering firms to provide professional engineering services for the SSIP. Engineer further
OFFICIAL RECORD Page 1 of 22
NON-EXLUSIVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT CITY SECRETARY
DEVELOPMENT SERVICES SMALL - SCALE INFRASTRUCTURE PROGRAM FT. WORTH, TX
understands and agrees that the City makes no promise or guarantee of the total amount of work that will be
assigned to Engineer pursuant to this Agreement.
2.3 The City shall issue a written task order establishing the services to be performed and the fee
to be paid to the Engineer for each project to be completed by Engineer ("Task Order"). Engineer shall
perform the Services in accordance with each Task Order issued by the City. The City may issue an amended
Task Order to address any changes in the work to be performed after a Task Order has been issued.
2.4 All documents prepared or furnished by Engineer pursuant to this Agreement are instruments
of Engineer's professional service. All information, reports, documents and data, whether partial or complete,
prepared under this Agreement, including any original drawings or documents prepared by Engineer, shall be
or become the property of City, and shall be furnished to the City upon final payment to Engineer. Any reuse
or modification by City or any other person or entity of documents prepared or furnished by Engineer for
projects outside of the Task Order for which said documents were prepared, or for completion of the project
subject to said Task Order without Engineer's professional involvement will be at City's sole risk and without
any liability or legal exposure to Engineer.
SECTION 3
TERM OF AGREEMENT
3.1 Term. The term of this Agreement shall begin on the date signed by the City's Assistant City
Manager ("Effective Date") and shall expire one year from the Effective Date ("Term"), unless terminated
earlier in accordance with the provisions of this Agreement. This Agreement may be renewed for (4) additional
one-year periods upon written agreement of the City and Engineer. 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.
SECTION 4
INVOICES AND PAYMENT
4.1 The City shall pay Engineer for Services performed pursuant to each Task Order or amended
Task Order issued by the City in accordance with the Price Schedule which is attached hereto as Exhibit B
and incorporated herein by reference. Total compensation payable to all engineering firms selected to provide
nonexclusive professional engineering services for the SSIP during the Term or any renewal term shall not
exceed Two Million Dollars ($2,000,000.00). Each Task Order issued by the City will set forth the fee to be
paid to Engineer. Engineer shall not perform any additional services for the City not specified by this
Agreement unless the City issues an amended Task Order for the additional services. The City shall not be
liable for any additional expenses of Engineer not specified by this Agreement.
4.2 The City of Fort Worth has begun implementing an automated invoicing system. Engineer
shall submit all invoices to the City after completing the final design.
4.3 The Engineer will send invoices electronically to the City's centralized Accounts Payable
department invoice email address: supplierinvoices@fortworthtexas.gov. This email address is not monitored
by the City. Engineer shall not send correspondence to this email address. The sole purpose of the supplier
invoices email address is to receive and process supplier invoices.
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4.4 Engineer shall include the following on the subject line of the e-mail: Engineer name, invoice
number, and PO number, separated by an underscore (ex: Example, Inc. 123456 FW013-0000001234)
4.5 To ensure the system can successfully process each invoice in an expedient manner, Engineer
shall adhere to the following requirements:
• All invoices must be in either a PDF or a TIFF format.
• Image quality must be at least 300 DPI (dots per inch).
• Invoices must be sent as an attachment (i.e. no invoice in the body of the
email).
• One invoice per attachment (includes PDFs). Multiple attachments per email is
acceptable but each invoice must be a separate attachment.
• Engineer shall not send handwritten invoices or invoices that contain handwritten
notes.
• Dot matrix invoice format will not be accepted.
• The invoice must contain the following information:
• Supplier Name and Address;
• Remit to Supplier Name and Address, if different;
• Applicable City Department business unit# (i.e. FW006)
• Complete City of Fort Worth PO number (i.e. the PO number must
contain all preceding zeros);
• Invoice number; and
• Invoice date.
• Invoices must be submitted after delivery of the goods or services.
4.6 To prevent invoice processing delays, Engineer shall not send invoices by mail and email.
Engineer shall not send the same invoice more than once by email to supplierinvoices@fortworthtexas.gov.
To check on the status of an invoice, Engineer shall contact the City Department ordering the goods/services
or the Central Accounts Payable Department by email at: ZZ—FIN—AccountsPayable@fortworthtexas.gov.
4.7 If Engineer is unable to send invoices as outlined above, Engineer must send invoices to the
City's centralized Accounts Payable department instead of directly to the individual City department. This
will allow the City staff to digitize the invoice for faster processing.
If electronic invoicing is not possible, Engineer may send paper invoices to:
City of Fort Worth
Attn: FMS Central Accounts Payable
200 Texas Street
Fort Worth, Texas, 76102
4.8 The City's goal is to receive 100% of invoices electronically so that all supplier payments are
processed efficiently.
4.9 If Engineer has questions, please contact the Accounts Payable team at (817) 392-2451 or by
email to ZZ—FIN—AccountsPayable@fortworthtexas.gov.
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4.10 Engineer will not include Federal, State, or City sales tax in Engineer's invoices. City will
furnish a tax exemption certificate upon Engineer's request.
4.12 Engineer shall submit type -written or computer printed invoices to the City which include the
Engineer's name, address and telephone number, and identify the Task Order number, project number, the
price contained in the Task Order, and the City's issued purchase order and release number.
4.13 Acceptance by Engineer of each 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.
SECTION 5
LIABILITY AND INDEMNIFICATION
5.1 INDEMNIFICATION — TO THE FULLEST EXTENT PERMITTED BY LAW AND
NOTWITHSTANDING ANY CLAUSE OR PROVISIONS IN THIS AGREEMENT OR ANY OTHER
APPLICABLE AGREEMENT TO THE CONTRARY, ENGINEER, AT ITS SOLE COST AND
EXPENSE, AGREES TO AND DOES HEREBY INDEMNIFY, PROTECT, AND HOLD HARMLESS
CITY AND THE CITY'S OFFICERS, REPRESENTATIVES, AGENTS, EMPLOYEES, AND
SERVANTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES,
LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSES CAUSED BY
ENGINEER'S ACT OF NEGLIGENCE, INTENTIONAL TORT, OR INTELLECTUAL PROPERTY
INFRINGEMENT, OR FAILURE TO PAY SUBCONTRACTOR OR SUPPLIER COMMITTED BY
ENGINEER OR ENGINEER'SAGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY
OVER WHICH ENGINEER EXERCISES CONTROL. ANY REIMBURSEMENT BY ENGINEER TO
CITY OF REASONABLE ATTORNEY'S FEES IN CONNECTION WITH THIS SECTION SHALL BE
IN PROPORTION TO ENGINEER'S LIABILITY. THIS SECTION SHALL SURVIVE ANY
TERMINATION OR EXPIRATION OF THIS AGREEMENT.
5.2 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the
validity or enforceability of the indemnification obligations under this Section, such legal limitations are made
a part of the indemnification obligation and shall operate to amend the indemnification obligation to the
minimum extent necessary to bring the provision into conformity with the requirements of such limitations,
and as so modified, the indemnification obligation shall continue in full force and effect.
5.3 Engineer agrees to notify City promptly upon the receipt of any claim or lawsuit brought in
connection with any injury, death, or damages related to Services performed under this Agreement. Engineer
agrees to make its officers, representatives, agents, and employees available to City, at all reasonable times,
for any statements and case preparation necessary for the defense of any claims or litigation for which City
may be responsible hereunder.
SECTION 6
INSURANCE REQUIREMENTS
6.1 Engineer shall abide by the insurance requirements set forth in Exhibit C, which is attached
hereto and incorporated herein for all purposes.
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SECTION 7
STANDARD OF CARE
7.1 Engineer shall perform the Services pursuant to this Agreement: (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.
SECTION 8
RIGHT TO AUDIT
8.1 Engineer agrees that the City shall, until the expiration of three (3) years after final payment
under this contract, have access to and the right to examine and copy any directly pertinent books, digital files,
documents, papers, and records of Engineer involving transactions relating to this Agreement. Engineer shall
deliver files requested by the City, in a format agreed upon by the City, and to a location of the City's choosing,
during normal working hours, in order for City to conduct compliance audits. The City shall not be responsible
for associated costs. The City shall give Engineer reasonable advance written notice of intended audits, but no
less than ten (10) business days.
8.2 Engineer further agrees to include in any contractor and subcontractor agreements hereunder
a provision to the effect that the contractors and subcontractors agree that the City shall, until the expiration
of three (3) years after final payment under the contract or subcontract, have access to and the right to examine
any directly pertinent books, digital files, documents, papers, and records of such contractor or subcontractor
involving transactions of the contract or subcontract, and further that Engineer shall deliver contractor and
subcontractor files requested by the City, in a format agreed upon by the City, and to a location of the City's
choosing, during normal working hours, in order for City to conduct compliance audits. The City shall not be
responsible for associated costs. The City shall give the Engineer reasonable advance written notice of
intended audits, but no less than ten (10) business days.
SECTION 9
TERMINATION
9.1 Termination for Convenience. This Agreement may be terminated without cause by the City
upon delivery of written notice to Engineer. This Agreement may be terminated without cause by the Engineer
thirty (30) days after delivery to the City of written notice of such intent to terminate.
9.2 Termination for Cause. Unless stated elsewhere in this Agreement, either party shall be in
default under this Agreement if either party breaches any term or condition of this Agreement, and this
agreement may be terminated if such breach remains uncured after fifteen (15) calendar days following receipt
of written notice from the other party referencing this Agreement.
9.3 Other Remedies. Any termination of this Agreement as provided in this Agreement will not
relieve either party from paying any sum or sums due and payable to the opposite party under this Agreement
that remains unpaid and due at the time of termination, or any claim for damages then or previously accruing
against the other party under this Agreement. Any such termination will not prevent either party from
enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or
from recovering damages from the other party for any default under the Agreement. All rights, options, and
remedies under this Agreement will be construed to be cumulative, and not one of them is exclusive of the
other. Either party may pursue any or all such remedies or any other remedy or relief provided by law, whether
or not stated in this Agreement. No such termination shall relieve either party from any obligation it may have
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to the other parry hereunder and either parry may pursue any and all rights and remedies or relief provided by
law, whether or not stated in this Agreement.
SECTION 10
LICENSES AND PERMITS
10.1 Engineer shall, at its sole expense, obtain and keep in effect all licenses and permits necessary
for its operations.
SECTION 11
NOTICES
11.1 All notices required or permitted under this Agreement may be given to a party personally or
by mail, addressed to such party at the address stated below or to such other address as one party may from
time to time notify the other in writing. Any notice so given shall be deemed to have been received when
deposited in the United States mail so addressed with postage prepaid:
CITY:
ENGINEER:
City of Fort Worth Kimley-Horn and Associates, Inc
Development Services Department Attn: Scott R. Arnold
Attn: Miscellaneous Contracts 801 Cherry St. Unit 11, Ste. 1300
200 Texas Street Fort Worth, TX 76102
Fort Worth, Texas 76102
With conies to:
City Attorney's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
and
City Manager's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Or to such other address as such party may hereafter designate by notice in writing addressed and
mailed or delivered to the other party hereto.
SECTION 12
NONDISCRIMINATION
12.1 Engineer shall not engage in any unlawful discrimination based on race, creed, color, national
origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other prohibited
criteria in any employment decisions relating to this Agreement, and Engineer represents and warrants that to
the extent required by applicable laws, it is an equal opportunity employer and shall comply with all applicable
laws and regulations in any employment decisions.
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SECTION 13
VENUE AND CHOICE OF LAW
13.1 Engineer and City agree that this Agreement shall be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas
or the United States District Court for the Northern District of Texas — Fort Worth Division.
SECTION 14
THIRD -PARTY RIGH S AND ASSIGNMENTS T
14.1 The provisions and conditions of this Agreement are solely for the benefit of the City and
Engineer, and any lawful assign or successor of Engineer, and are not intended to create any rights, contractual
or otherwise, to any other person or entity.
14.2 Engineer agrees that it will not subcontract or assign all or any part of its rights, privileges or
duties hereunder without the prior written consent of the City, and any attempted subcontract or assignment
of same without such prior consent of the City shall be void.
SECTION 15
BINDING COVENANTS
15.1 Subject to the limitations contained herein, the covenants, conditions and agreements made
and entered into by the parties hereunder are declared to be for the benefit of and binding on their respective
successors, representatives and permitted assigns, if any.
SECTION 16
INDEPENDENT CONTRACTOR
16.1 It is expressly understood and agreed that Engineer and its employees, representative, agents,
servants, officers, contractors, subcontractors, and volunteers shall operate as independent contractors as to all
rights and privileges and work performed under this Agreement, and not as agents, representatives or
employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement,
Engineer shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its employees, representative, agents, servants, officers, contractors,
subcontractors, and volunteers. Engineer acknowledges that the doctrine of respondeat superior shall not
apply as between the City and its officers, representatives, agents, servants and employees, and Engineer and
its employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers. Engineer
further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between
City and Engineer. It is further understood that the City shall in no way be considered a Co -employer or a
Joint employer of Engineer or any employees, representative, agents, servants, officers, contractors,
subcontractors, and volunteers of Engineer. Neither Engineer, nor any officers, agents, servants, employees,
contactors or subcontractors of Engineer shall be entitled to any employment benefits from the City. Engineer
shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of
employees, representative, agents, servants, officers, contractors, subcontractors, and volunteers.
SECTION 17
AMENDMENTS, CAPTIONS, AND INTERPRETATION
17.1 Except as otherwise provided in this Agreement, the terms and provisions of this Agreement
may not be modified or amended except upon execution of a written amendment to this Agreement executed
by the Assistant City Manager and Engineer and filed with the City Secretary's Office.
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17.2 Captions and headings used in this Agreement are for reference purposes only and shall not
be deemed a part of this Agreement.
17.3 In the event of any dispute over the meaning or application of any provision of this
Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against
any party, regardless of the actual drafter of this Agreement.
SECTION 18
GOVERNMENTAL POWERS AND IMMUNITIES
18.1 It is understood that by execution of this Agreement, the City does not waive or surrender any
of its governmental powers or immunities, except as provided by law, including, but not limited to, Texas
Local Government Code § 271.152.
SECTION 19
AUTHORIZATION AND COUNTERPARTS AND ELECTRONIC SIGNATURES
19.1 By executing this Agreement, Engineer's agent affirms that he or she is authorized by
Engineer or its general partner to execute this Agreement and that all representations made herein with regard
to Engineer's identity, address, and legal status are true and correct.
19.2 This Agreement may be executed in several counterparts, each of which will be deemed an
original, but all of which together will constitute one and the same instrument. A signature received via
facsimile or electronically via email shall be as legally binding for all purposes as an original signature.
SECTION 20
SEVERABILITY AND NO WAIVER
20.1 It is agreed that in the event any covenant, condition or provision herein contained is held to
be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall
in no way affect any other covenant, condition or provision does not materially prejudice either Engineer or
City in connection with the right and obligations contained in the valid covenants, conditions or provisions of
this Agreement.
20.2 The failure of either party to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted hereunder shall not constitute a waiver of that parry's right to insist
upon appropriate performance or to assert any such right on any future occasion.
SECTION 21
APPLICABLE LAWS
21.1 This Agreement is subject to all applicable federal, state and local laws, ordinances, rules and
regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended.
Services performed by Engineer shall comply in all aspects with all applicable local, state and federal laws
and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national
boards, bureaus and agencies. Approval to proceed by City of Engineer's work or work product shall not
constitute or be deemed to be a release of the responsibility and liability of Engineer or its officers, agents,
employees, contractors and subcontractors for the accuracy and competency of its performance of the Services.
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21.2 If City notifies Engineer or any of its officers, agents, employees, contractors, or
subcontractors, of any violation of such laws, ordinances, rules or regulations, Engineer shall immediately
desist from and correct the violation.
SECTION 22
SOLE AGREEMENT
22.1 This Agreement, including any exhibits attached hereto and any documents incorporated
herein, contains the entire understanding and agreement between the City and Engineer, and any lawful assign
and successor of Engineer, as to the matters contained herein. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement.
SECTION 23
PROHIBITION ON BOYCOTTING ISRAEL
23.1 Engineer acknowledges that in accordance with Chapter 2271 of the Texas Government Code,
the City is prohibited from entering into a contract with a company with 10 or more full-time employees that
has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City 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" has
the meanings ascribed to those terms by Chapter 2271 of the Texas Government Code. To the extent that
Chapter 2271 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
Israel; and (2) will not boycott Israel during the term of this Agreement.
SECTION 24
PROHIBITION ON BOYCOTTING ENERGY COMPANIES
24.1 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
that is to 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. 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.
SECTION 25
PROHIBITION ON DISCRIMINATION AGAINST FIREARM
AND AMMUNITION INDUSTRIES
25.1 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 that is to 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. 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
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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.
SECTION 26
COMPLIANCE WITH PUBLIC INFORMATION ACT REQUESTS
26.1 The requirements of Subchapter J, Chapter 552, Government Code, may apply to this
Agreement and Engineer agrees that the Agreement can be terminated if Engineer knowingly or intentionally
fails to comply with a requirement of that subchapter. Engineer acknowledges that section 552.371 of the
Texas Government Code applies to this Agreement if. (1) this Agreement has a stated expenditure of at least
$1 million in public funds for the purchase of good or services by the City; or (2) this Agreement results in
the expenditure of at least $1 million in public funds for the purchase of goods or services by the City in a
fiscal year of the City. To the extent that section 552.371 of the Texas Government Code applies to this
Agreement, Engineer shall comply with section 5 52.3 72 of the Texas Government Code by: (1) preserving all
contracting information relating to this Agreement as provided by the records retention requirements
applicable to the City for the duration of the Agreement; (2) promptly providing the City any contracting
information related to this Agreement that is in the custody or possession of Engineer on request of the City;
and (3) on completion of the Agreement, either (a) providing at no cost to the City all contracting information
related to the Agreement that is in the custody or possession of Engineer; or (b) preserving the contracting
information relating to the Agreement as provided by the retention requirements application to the City.
SECTION 27
IMMIGRATION NATIONALITY ACT
27.1 Engineer shall verify the identity and employment eligibility of its employees who perform
work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon
request by City, Engineer shall provide City with copies of all 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 OR
ENGINEER'S EMPLOYEES. City, upon written notice to Engineer, shall have the right to immediately
terminate this Agreement for violations of this provision by Engineer.
SECTION 28
REVIEW OF COUNSEL
28.1 City and Engineer, and if they so choose, their attorneys, have had the opportunity to
review and comment on this document; therefore any rule of contract construction or interpretation that
would normally call for the document to be interpreted as against the drafting party shall not apply in
interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be
construed solely on the basis of the language contained therein, regardless of who authored such
language.
SECTION 29
MINORITY BUSINESS ENTERPRISE COMPLIANCE
29.1 The City's Diversity and Inclusion Office has determined that a business equity participation
goal will not be required for this Agreement.
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(SIGNATURES ON FOLLOWING PAGE)
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IN WITNESS WHEREOF, the parties have executed this to be effective on the date signed by the
City's Assistant City Manager.
CITY OF FORT WORTH
Dana Raw doff
Dana Burghdoff (Jul 1, 02418:12CDT)
Dana Burghdoff
Assistant City Manager
Date: J u 112, 2024
Recommended:
D.J. Harrell
Director Development Services Department
APPROVED AS TO FORM AND LEGALITY:
Richard McCracken (Jul 12, 202416:31 CDT)
Richard A. McCracken
Sr. Assistant City Attorney
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Jannette Goodall
City Secretary
M&C: 24-0187
Date: 03/19/2024
Form 1295: 2024-1118545
ENGINEER
4'a
Scott R. Arnold, PE
Date: May 30, 2024
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for
the monitoring and administration of this contract, including all
performance and reporting requirements.
Tl
Name: Evelyn Roberts
Title: Contract Services Administrator
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A
ENGINEERING SCOPE OF SERVICES
Engineer shall provide the City with engineering services for the City's Small -Scale Infrastructure Projects
Program (SSIP), which provides expedited design and construction services tailored specifically to Developer -
led, small-scale, infill projects.
The categories of infrastructure in the SSIP include, but are not limited to, water and sewer
extensions, taps and meters, drainage improvements, paving restoration (in accordance with the utility cut
policy), driveways, sidewalks, pedestrian lights, and streetlight installations as specified by the subdivision
and/or zoning ordinance. Common SSIP project types encompass:
• Replacement of existing water and/or sanitary sewer mains (800 feet or less; all sizes and depths);
• Extension of existing water and/or sanitary sewer mains (800 feet or less; all sizes and depths);
• Water and sanitary sewer services (all sizes and depths);
• Construction of right turn lanes for streets, alleys and/or sidewalks (800 feet or less);
• Commercial/residential driveways;
• Streetlight and Pedestrian light installation;
• Stormwater pipe, excluding detention outlets and culverts (800 feet or less);
• Stormwater inlets;
• Landscaping (800 feet or less) & Corresponding Erosion Control; and
• Incidental design of Traffic Control Plans
Project limits for the SSIP shall generally not exceed 800 linear feet of infrastructure. However,
project limits of up to 1,600 feet may be allowed by the City on a case -by -case basis if only one type of
infrastructure is involved.
As part of the SSIP program, the City will contract with construction contractors to construct the
improvements. The City will contract with each Developer and the City will collect design and construction
costs from the Developer and make payments to the Engineer and Construction Contractors.
Engineer's scope of work encompasses comprehensive participation in the project lifecycle, ensuring
adherence to City standards and successful project completion. Engineer's services shall include
participation in the Intake, Proposal, Design, and Construction phases of the SSIP, as detailed below and to
be identified on a Task Order Basis.
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NON-EXLUSIVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT
DEVELOPMENT SERVICES SMALL - SCALE INFRASTRUCTURE PROGRAM
Intake/Proposal Phase:
In the Intake/Proposal phase, Engineer is responsible for assessing the viability of each proposed project.
This can include conducting necessary site visits to evaluate project feasibility.
Engineer's duties also include reviewing project -specific documents, addressing any inquiries from the City,
and preparing a proposal for each project.
The Intake/Proposal stage is initiated once a project is approved and entered into the SSIP Accela Interface.
At this point, the City confirms the project's readiness for a proposal and assigns the task to Engineer in
Accela or through email. This notification indicates that Engineer can commence work on the project. During
this stage, Engineer has access to, and can download, all relevant project information from Accela to start
crafting their proposal.
The proposal prepared by Engineer must include a detailed Level of Effort ("LOE") for inclusion in the Task
Order as a scope definition, a LOE cost determination with an amount not to exceed Fee for Project Design
which encompasses construction phase services and Record Drawing Preparation, and a projected schedule
for the design phase services for the project. These documents must be added to Accela within 5 Working
Days of the City assigning the task to Engineer in Accela or through email. For any required clarifications,
Engineer can communicate with the City through the Accela system.
The foregoing documents, which are crucial for Task Order Execution, must be submitted using the templates
provided by the City. The Engineer will not charge a Fee for their Proposal Preparation.
Design Phase:
The Design Phase is initiated once the Client remits payment to the City for Design Services. Once the City
has received the payment, the City will route the Task Order for Engineer and Client Signatures, then execute
the Task Order, with a Project Number, a City Secretary Number, and a Task Order Number, so Engineer can
begin with the Design Services.
Following the issuance of a Task Order by the City, the Engineer shall complete the design and construction
package according to the City's Task Order, uploading design documents to Accela for the City and Client's
review. The City will coordinate with the Developer on any changes to the Design, which the City will then
present to Engineer during a Design Review Meeting. Engineer will then address design changes during the
meeting, furnishing the revised drawing at the end of the meeting, so that additional Design Review
Meetings are not required. In the event that Engineer cannot furnish the revised drawings at the meeting,
an extension may be permitted on a case -by -case basis, at the discretion of the Sr. Capital Projects Officer.
Engineer's responsibilities shall include the preparation of comprehensive plans, all utility coordination, the
development of a construction estimate with listed specifications, and three (3) physical copies of plans for
each Task Order. Engineer's responsibilities may also include field verification, prior to construction. For
each project, Engineer shall identify all necessary easements, encroachments, and any waivers required from
the design manual. Engineer shall provide effective communication and facilitation to the City and shall
ensure all work strictly complies with the City of Fort Worth's policies, ordinances, design criteria manuals,
and construction standards to guarantee the successful completion of each project in SSIP. The City does not
Page 14 of 22
NON-EXLUSIVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT
DEVELOPMENT SERVICES SMALL - SCALE INFRASTRUCTURE PROGRAM
intend to allow projects in the SSIP that require encroachment agreements, easements, or waivers from the
City's design manuals. However, if it is determined that a project accepted into the SSIP requires an
encroachment agreement, easement, or waiver, Engineer shall be responsible for informing the City and
providing supporting information for the City to review. This may result in an amended task order, in which
case, Engineer would submit an amended task order request to the City and the City will coordinate with the
Client.
Engineer shall actively engage in resolving discrepancies, making adjustments during the design process, and
be available to meet with the City during the design phase. Engineer shall communicate directly with the
City's SSIP staff, through Accela, regarding discrepancies and adjustments. Engineer shall not communicate
directly with the Developer or property owner during any part of the SSIP without the prior consent of the
City's Sr. Capital Projects Officer. Engineer shall invoice the City every 60 Days, and shall submit a final
design phase invoice at the end of the completed design. City shall pay Engineer with the funds deposited
with the City by the Developer.
Construction Phase:
The scope of the Construction Phase services are to be specified on a Task Order Basis as a Level of Effort,
not to exceed amount.
Engineer shall respond to all Requests for Information (RFIs), change orders, and communications from the
City. Engineer shall perform site visits, as necessary, to visually inspect and confirm that each project is
constructed in accordance with the engineering plans.
During the construction phase, Engineer must provide essential construction support services, including, but
not limited to, reviewing submittals, managing requests for information, reviewing change orders,
overseeing and completing TDLR filings and approvals, and promptly responding to inquiries from
contractors. Communication throughout the construction phase will be housed in Accela, eBuilder, or
alternative software.
The City will be responsible for overseeing construction inspections and payment applications throughout
the duration of the construction project. On a project specific basis, Engineer may be required to perform
these tasks.
At the construction close-out, Engineer shall submit record drawings to the City. During the construction
phase, Engineer shall submit invoices to the City every 60 days. Upon completion of construction and
acceptance by the City, the Engineer shall submit a final construction phase invoice to the City for
construction phase engineering services. The City shall pay the Engineer for construction phase engineering
services using the funds deposited with the City by the Developer.
3. The Deliverables & Recommended Project Schedule are to be identified on a Task Order Basis. The
following timelines are the goals for the program:
Feasibility Study
(5 Working Days)
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NON-EXLUSIVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT
DEVELOPMENT SERVICES SMALL - SCALE INFRASTRUCTURE PROGRAM
Construction Documents & Bid Tab
RFls
Record Drawings
Payment Applications
Submittal Review
(5 - 10 Working Days)
(1 Working Day)
(1 Week)
(5 Working Days)
(3 Working Days)
Page 16 of 22
NON-EXLUSIVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT
DEVELOPMENT SERVICES SMALL - SCALE INFRASTRUCTURE PROGRAM
EXHIBIT B
PRICE SCHEDULE
Exhibit B
Price Schedule
Lump Sum and Time and Materials with Multiplier Project
I. Compensation — Time and Materials
A. Time and Materials
i. The ENGINEER shall be compensated for personnel time, non -labor expenses,
and subcontract expenses in performing services as follows.
(1) Personnel Time. Personnel time shall be compensated based upon
hours worked directly in performing the Services multiplied by Labor
Cateaory Rate for the ENGINEER'S team member performing the work.
Labor Category Rate as presented in the rate schedule table below is the
rate for each category performing the work and includes all direct
salaries, overhead, and profit.
Labor Category
Rate
($/hour)
Senior Project Manager
$292
Senior Professional
$272
Project Manager
$232
Professional
$197
Analyst III
$172
Analyst II
$162
Analyst 1
$157
Administrative
$110
Intern
$90
Labor rates shall be increased by 5% on each annual anniversary of the
effective date of this Agreement.
(2) Non -Labor Expenses. Non -labor expenses shall be reimbursed
as Direct Expenses at invoice or internal office cost.
Direct Expenses (non -labor) include, but are not limited to, mileage, travel
and lodging expenses, mail, supplies, printing and reproduction services,
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NON-EXLUSIVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT
DEVELOPMENT SERVICES SMALL — SCALE INFRASTRUCTURE PROGRAM
other direct expenses associated with delivery of the work; plus
applicable sales, use, value added, business transfer, gross receipts, or
other similar taxes.
(3) Subcontract Expenses. Subcontract expenses and outside services
shall be reimbursed at cost to ENGINEER plus a markup of ten percent
(10%).
(4) Budgets. ENGINEER will make reasonable efforts to complete the work
within the budget and will keep the City informed of progress toward that
end so that the budget or work effort can be adjusted if found necessary.
ENGINEER is not obligated to incur costs beyond the indicated budgets,
as may be adjusted, nor is the City obligated to pay ENGINEER beyond
these limits.
If ENGINEER projects, in the course of providing the necessary services,
that the PROJECT cost presented in Article 2 of this Agreement will be
exceeded, whether by change in scope of the project, increased costs or
other conditions, the ENGINEER shall immediately report such fact to the
City and, if so instructed by the City, shall suspend all work hereunder.
When any budget has been increased, ENGINEER's excess costs
expended prior to such increase will be allowable to the same extent as if
such costs had been incurred after the approved increase.
B. Lump Sum
i. The ENGINEER shall be compensated a total lump sum fee as summarized in
Exhibit B-1 of each Task Order. The total lump sum fee shall be considered full
Compensation for the Services described in the Task Order, including all labor
Materials, supplies, and equipment necessary to deliver the services.
C. The ENGINEER shall be paid monthly payments as described in Section II —
Method of Payment.
II. Method of Payment
A. Time and Materials
i. The ENGINEER shall be paid by the City based upon an invoice created on
the basis of statements prepared from the books and records of account of the
ENGINEER, based on the actual hours and costs expended by the ENGINEER
in performing the work.
ii. Each invoice shall be verified as to its accuracy and compliance with the terms of
of this Agreement by an officer of the ENGINEER.
iii. ENGINEER shall prepare and submit invoices.
Page 18 of 22
NON-EXLUSIVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT
DEVELOPMENT SERVICES SMALL - SCALE INFRASTRUCTURE PROGRAM
iv. Payment of invoices will be subject to certification by the City that such work
has been performed.
B. Lump Sum
i. Partial payment shall be made to the ENGINEER monthly upon City's approval
of an invoice prepared and submitted by the ENGINEER.
ii. The estimated current physical percent complete as required on the
invoice shall be calculated from the progress schedule.
iii. The cumulative sum of such monthly partial fee payments shall not exceed
the total current project budget including all approved Amendments.
iv. 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
Development Services Department monthly progress reports and schedules in the
Format required by the City
IV. Summary of Total Project Fees
To be included with each Task Order.
City MBE/SBE Goal = 0% Consultant Committed Goal = 0%
Page 19 of 22
NON-EXLUSIVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT
DEVELOPMENT SERVICES SMALL - SCALE INFRASTRUCTURE PROGRAM
EXHIBIT C
INSURANCE
The Engineer shall assume all risk and liability for accidents and damages that may occur to
persons or property during the prosecution of work under this Agreement. The Engineer shall
deliver to the City, prior to the commencement of Services, a certificate of insurance documenting
the insurance covered required herein
2. Policies shall have no exclusions by endorsements which nullify the required lines of coverage,
nor decrease the limits of said coverage unless such endorsements are approved by the City.
Insurance shall provide the following coverages and amounts:
a. Statutory Workers' Compensation Insurance and Employer's Liability Insurance
at the following limits:
$100,000 Each Accident
$500,000 Disease — Policy limit
$100,000 Disease — Each Employee
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent
with statutory benefits outlined in the Texas Workers' Compensation Act and
minimum policy limits for Employers' Liability of $100,000 each
accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per
disease per employee.
b. Commercial General Liability Insurance including Explosion, Collapse, and
Underground Coverage shall be provided as follows:
$1,000,000 Each Occurrence
$2,000,000 Annual Aggregate
Coverage shall include but not be limited to the following: premises/operations,
independent Engineers, products/completed operations, personal injury, and
contractual liability. Insurance shall be provided on an occurrence basis, and as
comprehensive as the current Insurance Services Office (ISO) policy.
NON-EXCLUSIVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT Page 20 of 22
DEVELOPMENT SERVICES SMALL-SCALE INFRASTRUCTURE PROGRAM
C. Professional Liability (Errors and Omissions)
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims -made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of Services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
d. Auto Liability Insurance shall be provided as follows:
$1,000,000 Combined Single Limit Each Accident
A commercial business policy shall provide coverage on "Any Auto", defined as
autos owned, hired and non -owned.
4. At each renewal period, Engineer shall furnish the City, with a current certificate of insurance
documenting the required insurance within ten (10) days after accepting the renewal.
Applicable policies shall also be endorsed to name the City of Fort Worth as an additional insured,
as its interests may appear (ATIMA).
ADDITIONAL INSURANCE REQUIREMENTS
a. The City, its officers, employees and servants shall be endorsed as an additional insured
on Engineer's insurance policies excepting employer's liability insurance coverage under
Engineer's workers' compensation insurance policy and Professional Liability Insurance
Policy.
b. Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit
must be received before Engineer can begin work. Failure to supply and maintain such
insurance shall be a breach of the Agreement. Engineer shall provide complete copies of
all insurance policies required by this Agreement. Certificates of insurance must be
supplied to:
City of Fort Worth
Development Services Department
Attn: Miscellaneous Projects
200 Texas Street
Fort Worth, Texas 76102
C. Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein. Each insurance policy
shall be endorsed to provide the City a minimum 30 days' notice of cancellation, non -
renewal, and/or material change in policy terms or coverage. A ten (10) day notice shall
be acceptable in the event of non-payment of premium.
NON-EXCLUSIVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT Page 21 of 22
DEVELOPMENT SERVICES SMALL-SCALE INFRASTRUCTURE PROGRAM
d. 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.
Deductible limits, or self -funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
f. 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. The City must approve in writing any alternative coverage.
g. Workers' compensation insurance policy(s) covering employees of the Engineer shall be
endorsed with a waiver of subrogation providing rights of recovery in favor of the City.
h. City shall not be responsible for the direct payment of insurance premium costs for
Engineer's insurance.
i. Engineer's insurance policies, with the exception of the Workers Compensation and
Professional Liability policies, shall each be endorsed to provide that such insurance is
primary protection and any self -funded or commercial coverage maintained by City shall
not be called upon to contribute to loss recovery.
While the Agreement is in effect, Engineer shall report, in a timely manner, to the City
any known loss occurrence that could give rise to a liability claim or lawsuit or which
could result in a property loss.
k. Engineer's liability shall not be limited to the specified amounts of insurance required
herein.
NON-EXCLUSIVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT Page 22 of 22
DEVELOPMENT SERVICES SMALL-SCALE INFRASTRUCTURE PROGRAM
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 03/19/24
M&C FILE NUMBER: M&C 24-0187
LOG NAME: 06SSIP ENGINEERING CONTRACTS AND APPROPRIATION
SUBJECT
(ALL) Authorize Non -Exclusive Agreements with Baird Hampton & Brown, Inc.; Kimley Horn and
Associates, Inc.; Westwood Professional Services, Inc. dba Peloton Land Solutions, Inc., a
Westwood Company; Shield Engineering Group, PLLC; and Simon Engineering & Consulting,
Inc. in a Combined Annual Amount Up to $2,000,000.00 for the Initial Term with Four One -Year
Renewal Options for the Development Services Department, Adopt Appropriation Ordinance, and
Amend the Fiscal Years 2024-2028 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize non-exclusive agreements with Baird Hampton & Brown, Inc.; Kimley Horn and
Associates, Inc.; Westwood Professional Services, Inc. dba Peloton Land Solutions, Inc., a
Westwood Company; Shield Engineering Group, PLLC; and Simon Engineering &
Consulting, Inc. in a combined annual amount up to $2,000,000.00 with four one-year renewal
options for engineering services for the Development Services Department's Small -Scale
Infrastructure Program;
2. Adopt the attached appropriation ordinance increasing estimated receipts and
appropriations in the General Capital Projects Fund in the amount up
to $14,700,000.00, subject to receipt of funds, for the purpose of funding the Small -Scale
Infrastructure Program programmable project (City Project No. P00151); and
3. Amend the Fiscal Years 2024-2028 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize execution of
engineering agreements and appropriate funds necessary to start the Development Services
Department's Small -Scale Infrastructure Program (Program). The Program is being created to
provide engineering design and construction services for the installation of small-scale or infill
developer -led projects, including 800 feet or fewer of water, sewer, storm services, sidewalk and
four (4) or fewer pedestrian/streetlight installations. The engineering and construction cost will be
funded entirely by Developers.
The Development Services Department conducted a Request for Qualifications to establish a
standing list of qualified engineering firms which the Development Services Department will use to
provide engineering services for projects in the Small -Scale Infrastructure Program.
The Request for Qualifications was advertised in the Fort Worth Star -Telegram on September 21,
2022 and September 28, 2022. The City received fourteen (14) responses.
An evaluation panel consisting of representatives from the Development Services Department
reviewed and scored the submittals based on the following criteria: (a) project understanding
(30%); (b) project team and experience (45%); (c) related local projects (15%)-, and (d) readiness
to proceed (10%).
The scores are listed in the table below. No guarantee was made that a specific amount of
services would be requested.
Bidders
Evaluation Factors
a b c d Total
Score
Rank
Shield Engineering Group,
30
45
15
10
100
1
PLLC
Peloton Land Solution, Inc, a
30
45
15
10
100
2
Westwood Company
Baird, Hampton & Brown
30
44
15
10
99
3
Kimley Horn
30
42.5
15
10
97.5
4
Simon Engineering &
29
44
14
10
97
5
Consulting, Inc.
LJA Engineering
29
44
14
9.5
96.5
6
Cobb Fendley
29
42.5
13.5
9.5
94.5
7
Mas Consulting Engineering
26
44
14.5
10
94.5
8
& Consulting Inc.
Multatech
27.5
42.5
15
4
9
Bartlett & West
26
45
10
7.5
88.5
10
James DeOtte Engineering,
30
40
10
7.5
87.5
11
Inc.
DEC Engineering Excellence
27.5
40
10
7.5
85
12
Arredondo, Zepeda & Brunz, 22.5 40 11.5 9 83 13
LLC
RLG Consulting Engineers 12.5 45 14.5 9 81 14
After evaluation, the panel concluded that Baird Hampton & Brown, Inc.; Kimley Horn and
Associates, Inc.; Westwood Professional Services, Inc. dba Peloton Land Solutions, Inc., a
Westwood Company; Shield Engineering Group, PLLC; and Simon Engineering & Consulting,
Inc are the most qualified engineering firms for the Program.
To facilitate the administration of the Small -Scale Infrastructure Program, the attached
appropriation ordinance is necessary. The ordinance appropriates the full projected annual amount
of up to $14,700,000.00 in the General Capital Projects Fund, subject to receipt of funds, for the
purpose of funding the Small -Scale Infrastructure Program programmable project (City Project No.
P00151). Having a full year's appropriation authority will support awarding the current design and
engineering contracts as well as annual contracts for related construction services, which are
currently out for bid.
The appropriation is subject to receipt of funds from developers, which will prevent over spending
with movement of spending authority to a child project contingent on the actual receipt or availability
of funds, ensuring that it is tied to the funds received for each project. The authority granted by the
attached ordinance is subject to certain restrictions. Specifically, the total amount of all transfers
cannot exceed the annual appropriation for the programmable project, and each transfer is
contingent upon the receipt of funds from the developer. Given the mid -year start of the program,
it's projected that the actual receipts and appropriations for Fiscal Year 2024 will be in the
neighborhood of $7,375,000.00.
Funding for this project was not included in the Fiscal Years 2024-2028 Capital Improvement
Program (CIP) because funding for the program had not been determined at the time of its
development. The actions in this M&C will amend the Fiscal Years 2024-2028 Capital Improvement
Program as approved in connection with Ordinance 26453-09-2023.
Fund FY 2024
Name Appropriations
Budget Change Revised
Authority Increase FY2024
Budget
Small -Scale
Infrastructure This
Program - $0.00 M&C
City Project
No. P00151
$14,700,000.00 $14,700,000.00
This task order contract will serve current and future capital projects as -needed, and a funds
availability verification will be performed by Development Services Contract Compliance Managers
prior to task order assignment.
FUNDING: The maximum combined annual amount allowed under these engineering and design
agreements will be $2,000,000.00; however, the actual amount used will be based on the needs of
the department and the available budget.
DVIN BE: Small Scale Infrastructure Program received a waiver for the Program as there will not
be any fiscal City Participation, it does not meet Ordinance, Section 20-368 requirements.
AGREEMENT TERMS: Upon City Council approval, the agreements shall begin upon execution
and expire one year from that date.
RENEWAL TERMS: The agreements may be renewed for four additional one-year terms. This
action does not require specific City Council approval provided that the City Council has
appropriated sufficient funds to satisfy the City's obligations during the renewal term.
ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made
by the City Manager to the amount allowed by relevant law and the Fort Worth City Code and does
not require specific City Council approval as long as sufficient funds have been appropriated.
Staff intends to go out to bid for the construction contractors in April 2024 and an M&C for the
selection of the contractors June 2024.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption
of the attached appropriation ordinance, funds will be deposited into the General Capital Projects
Fund as appropriated for the Small -Scale Infrastructure Program programmable project. The
Development Services Department (and Financial Management Services) is responsible for the
collection and deposit of funds due to the City. Prior to any expense being incurred, the
Development Services Department also has the responsibility to validate the availability of funds.
Submitted for Citv Manaaer's Office bv: Dana Burghdoff 8018
Oriainatina Business Unit Head:
Additional Information Contact:
D.J. Harrell 8032
Ty Thompson 2120
Evelyn Roberts 7838