HomeMy WebLinkAboutContract 61691CSC No. 61691
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: McCart Berry Flood Mitigation
Program — Project No. 105198.
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 $500,000 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 McCart Berry Flood Mitigation Program
Standard Agreement for Engineering Related Design Services CPN 105198
Revised Date: 03-08-2024
Page 1 of 14 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Article IV
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing under the same or similar circumstances and
professional license; and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
C. 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 McCart Berry Flood Mitigation Program
Standard Agreement for Engineering Related Design Services CPN 105198
Revised Date: 03-08-2024
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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 McCart Berry Flood Mitigation Program
Standard Agreement for Engineering Related Design Services CPN 105198
Revised Date: 03-08-2024
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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 McCart Berry Flood Mitigation Program
Standard Agreement for Engineering Related Design Services CPN 105198
Revised Date: 03-08-2024
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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 McCart Berry Flood Mitigation Program
Standard Agreement for Engineering Related Design Services CPN 105198
Revised Date: 03-08-2024
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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 respondeat 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 comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required,
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Standard Agreement for Engineering Related Design Services CPN 105198
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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.
City of Fort Worth, Texas McCart Berry Flood Mitigation Program
Standard Agreement for Engineering Related Design Services CPN 105198
Revised Date: 03-08-2024
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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 McCart Berry Flood Mitigation Program
Standard Agreement for Engineering Related Design Services CPN 105198
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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.
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 McCart Berry Flood Mitigation Program
Standard Agreement for Engineering Related Design Services CPN 105198
Revised Date: 03-08-2024
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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 McCart Berry Flood Mitigation Program
Standard Agreement for Engineering Related Design Services CPN 105198
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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 McCart Berry Flood Mitigation Program
Standard Agreement for Engineering Related Design Services CPN 105198
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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 McCart Berry Flood Mitigation Program
Standard Agreement for Engineering Related Design Services CPN 105198
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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 McCart Berry Flood Mitigation Program
Standard Agreement for Engineering Related Design Services CPN 105198
Revised Date: 03-08-2024
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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
Jesica McEachern
Assistant City Manager
Date: J u l 15, 2024
�� FORT➢➢➢A
ATTEST:
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Jannette Goodall
City Secretary
APPROVED AS TO FORM AND LEGALITY
By: .uglas Black (Jul 11, 2024 09AY CDT)
Douglas W Black
Sr. Assistant City Attorney
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 03-08-2024
Page 14 of 14
BY:
ENGINEER
Kimley-Horn and Associates, Inc.
4a4
Scott Arnold, P.E
Vice President
Date: Jul 3, 2024
M&C No.: 24-0488
M&C Date: 06/11/2024
McCart Berry Flood Mitigation Program
CPN 105198
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ATTACHMENT "A"
Scope for Enaineerina Desian Related Services for McCart Berry Flood Mitiaation Proaram
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 Work Authorization agreement is to perform work associated the Project
Development Phase of the McCart Berry Flood Mitigation Program. The Project Development
Phase consists of work associated with identifying overall project risks, as well as developing
conceptual project scope, costs and schedules and project phasing. Work under this
agreement consists of project management, coordination meetings with CITY departments
and stakeholders, data collection, hydrologic and hydraulic modeling, topographic survey,
conceptual utility coordination and design, subsurface utility exploration (SUE), conceptual
roadway design, right-of-way documentation, and other conceptual design elements.
WORK TO BE PERFORMED
ENGINEER hereby agrees to perform planning, project management and conceptual design
services on a Work Authorization basis as may be requested by the CITY during the term of
this AGREEMENT for the following categories of public improvement projects:
1. Perform general project management activities consists of invoicing, internal
production coordination, general communication with the CITY and team members,
management of subconsultants, schedule updates, updates to the decision log, risk
register management and project status updates.
2. Developing an overall project schedule based upon the information gathered as part
of this Task Order.
3. Prepare for and attend a meeting with CITY staff to gather data and information
regarding project.
4. Prepare for and attend a meeting with Texas Christian University (TCU). It is
understood TCU is currently developing a master plan for the area and coordination
between this project and the vision for the master plan will need to occur.
5. Prepare for and attend meetings with stakeholders as needed.
6. Gather data provided by the CITY to date and determine the adequacy of the
information such as the survey (topo and property information), SUE, and existing
hydrology and hydraulic information.
7. Perform limited topographic survey services.
8. Perform limited SUE services.
9. The ENGINEER will prepare a list of requested information and data that is needed
from the CITY.
10. The ENGINEER will prepare and develop a database for the existing water, sewer,
storm and available information provided by the CITY. This database is the
beginning of the repository of information to be used as background files for the
City of Fort Worth, Texas McCart Berry Flood Mitigation Program
Attachment A CPN:105198
PMO Release Date: 07.23.2012
Page 1 of 2
project. The ENGINEER will update current schematics and existing files as needed
to the ENGINEER's format and standards.
11.Obtain and perform a review of the currently accepted model(s) for the project. It is
understood that a 2D model was performed by Halff as part of the Zoo Creek Storm
Drain Flood Mitigation Study (SWS054). The intent of the review is not to recreate
the model but to (1) understand the assumptions, (2) determine what updates need
to occur to the model.
12. Perform an update to the 2D model to reflect recent development, latest criteria and
rainfall data. This includes preparing HEC-RAS 2D model to assist with the effective
models. The ENGINEER will address comments from the CITY and coordinate with
CITY staff regarding the modeling updates.
13. Preparation of project development schematic plans which would reflect 25% design
plan and associated Opinion of Probable Construction Costs (OPCC). Phasing will
be developed and considered as part of the project development phase. It is
anticipated that only a portion of this task will be performed with this contract.
14. Coordinate and prepare a utility (water and sanitary sewer) plan for the Water
Department.
15. Develop a public outreach plan.
16. Evaluate opportunities for alternative funding and identify critical milestones for
preparing and submitting the application. The ENGINEER will assist in preparing the
application and associated exhibits.
Work under this agreement will be performed on a Work Authorization basis. The CITY will
request services for each Work Authorization. The ENGINEER shall prepare scope, fee and
schedule as necessary to perform the services requested for each Work Authorization within
10 working days of the CITY's request.
Each Work Authorization shall include scope for services as Attachment "A". This scope will
outline tasks required to complete the Work Authorization. For each task the scope shall
include a detailed description of the task, outline any assumptions, and list the required
deliverables.
Each Work Authorization shall include Attachment "B" detailing the compensation for the Work
Authorization. Compensation will be based upon hours agreed to by the CITY and the
ENGINEER for each Work Authorization. Compensation will be based on the Schedule of
Rates in Attachment "B" of this agreement. The fee will include an estimate of reimbursable
expense and sub -consultant costs for each Work Authorization. Compensation for each Work
Authorization shall be hourly, not -to -exceed.
If the Work Authorization requires a schedule, it shall be attached as Attachment "D".
Each Work Authorization shall include Attachment "E" to identify the project location.
City of Fort Worth, Texas McCart Berry Flood Mitigation Program
Attachment A CPN: 105198
PMO Release Date: 02.06.2015
Page 2 of 2
ATTACHMENT B
COMPENSATION
Design Services for
McCart Berry Flood Mitigation Program
City Project No. 105198
Time and Materials with Rate Schedule Project
Compensation
A. The ENGINEER shall be compensated for personnel time, non -labor expenses,
and subcontract expenses in performing services enumerated in Attachment A as
follows:
i. Personnel Time. Personnel time shall be compensated based upon hours
worked directly in performing the PROJECT multiplied by the appropriate Labor
Cateaory Rate for the ENGINEER's team member performing the work.
Labor Cateaory Rate as presented in the rate schedule table below is the rate for
each labor category performing the work and includes all direct salaries, overhead,
and profit.
Labor Category Rate ($/hour)
Senior Project Manager/Project Director (15+ $292
years)
Senior Professional/Senior Project Engineer $272
(10+ years)
Project Manager (5+ years) $232
Professional/Project Engineer (5+ years) $197
Analyst III/EIT III (3+ years) $172
Analyst 11, EIT II (2+ years) $162
Analyst I, EIT 1 (1+ year) $157
Administrative $110
Intern $90
ii. 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, other direct
expenses associated with delivery of the work; plus applicable sales, use, value
added, business transfer, gross receipts, or other similar taxes.
iii. Subcontract Expenses. Subcontract expenses and outside services shall be
reimbursed at cost to ENGINEER plus a markup of ten percent (10%).
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 1 of 4
McCart Berry Flood Mitigation Program
CPN 105198
As
ATTACHMENT B
COMPENSATION
iv. Budgets. ENGINEER will make reasonable efforts to complete the work within
the budget and will keep the City informed of progress toward that end so that
the budget or work effort can be adjusted if found necessary.
ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be
adjusted, nor is the City obligated to pay ENGINEER beyond these limits.
If ENGINEER projects, in the course of providing the necessary services, that the
PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether
by change in scope of the project, increased costs or other conditions, the
ENGINEER shall immediately report such fact to the City and, if so instructed by the
City, shall suspend all work hereunder.
When any budget has been increased, ENGINEER's excess costs expended prior
to such increase will be allowable to the same extent as if such costs had been
incurred after the approved increase.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
Method of Payment
A. The ENGINEER shall be paid by the City based upon an invoice created on the
basis of statements prepared from the books and records of account of the
ENGINEER, based on the actual hours and costs expended by the ENGINEER in
performing the work.
B. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
C. ENGINEER shall prepare and submit invoices in the format and including content
as presented in Exhibit B-1.
D. Payment of invoices will be subject to certification by the City that such work has
been performed.
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 2 of 4
McCart Berry Flood Mitigation Program
CPN 105198
MX
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm
Primary Responsibility
Prime Consultant
Kimley-Horn and
I Project Management and
Associates, Inc.
Design
Proposed MWBE Sub -Consultants
Gorrondona &
Survey
Associates, Inc.
I
Non-MWBE Consultants
Freese and Nichols, Model Reviews, Project
Inc. Development
Project Number & Name
McCart Berry Flood Mitigation
Program, CPN 105198
City MWBE Goal = 13%
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 3 of 4
TOTAL
Fee Amount I %
$385,000.00 1 77.0%
$65,000.00 13.0%
$50,000.00 10.0%
$500,000.00 100%
Total Fee MWBE Fee MWBE %
$500,000.00 $65,000 13%
Consultant Committed Goal = 13%
McCart Berry Flood Mitigation Program
CPN 105198
MW
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 desired work types and work phases.
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 4 of 4
McCart Berry Flood Mitigation Program
CPN 105198
E
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 desired work types and work phases.
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 4 of 4
McCart Berry Flood Mitigation Program
CPN 105198
E
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT FOR
ENGINEERING RELATED PROFESSIONAL SERVICES
McCart Berry Flood Mitigation Program
City Project No. 105198
The following provisions are included the Standard Agreement for Engineering Related
Professional Services:
Clean Air Act:
The Engineer agrees to comply with all applicable standards, orders, or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
The Engineer agrees to report each violation to the City of Fort Worth and understands
and agrees that the City of Fort Worth will, in turn, report each violation as required to
assure notification to the Federal Emergency Management Agency (FEMA), and the
appropriate Environmental Protection Agency Regional Office.
The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with federal assistance provided by FEMA.
Federal Water Pollution Control Act:
The Engineer agrees to comply with all applicable standards, orders, or regulations issued
pursuant to the federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et
seq.
The Engineer agrees to report each violation to the City of Fort Worth and understands
and agrees that the City of Fort Worth will, in turn, report each violation as required to
assure notification to the (insert name of the pass -through entity, if applicable), Federal
Emergency Management Agency (FEMA), and the appropriate Environmental Protection
Agency Regional Office.
The contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with federal assistance provided by FEMA.
Suspension and Debarment:
This Agreement is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R.
Part 3000. As such, the Engineer is required to verify that none of the Engineer's
principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905)
are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §
180.935).
The Engineer must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000,
City of Fort Worth, Texas
Attachment C
Page 1 of 6
subpart C, and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
This certification is a material representation of fact relied upon by City of Fort Worth. If
it is later determined that the Engineer did not comply with 2 C.F.R. Part 180, subpart C
and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to the City of Fort
Worth, the federal government may pursue available remedies, including but not limited
to suspension and/or debarment.
The Engineer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C
and 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of
any contract that may arise from this offer. The Engineer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
Contractors who apply or bid for an award of more than $100,000 shall file the required
certification. Each tier certifies to the tier above that it will not and has not used federally
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, officer or
employee of Congress, or an employee of a Member of Congress in connection with
obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352.
Each tier shall also disclose any lobbying with non-federal funds that takes place in
connection with obtaining any federal award. Such disclosures are forwarded from tier to
tier up to the recipient who in turn will forward the certification(s) to the federal
awarding agency.
Required certification:
If applicable, contractors must sign and submit the following certification to the NFE
with each bid or offer exceeding $100,000:
APPENDIX A, 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this federal contract, grant, loan, or
City of Fort Worth, Texas
Attachment C
Page 2 of 6
Professional Services Invoice Project Manager: I Summary
Project:
City Project #: I
City Sec Number:
Company Name:
Supplier's PM:
Supplier Invoice #:
Payment Request #:
Service Date:From
Service Date:To
Invoice Date:
Supplier Instructions:
Fill in green cells including Invoice Number, From and To Dates and the included worksheets.
When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the
Consultant folder within Project's folder.
email:
Office Address office address
Telephone: telephone
Fax: fax
Remit Address: remit address
Sheet FID and Work Type Description
Work Type 1
Work Type 2
Work Type 3
Work Type 4
Work Type 5
Work Type 6
Totals This Invoice
Agreement LTD
Agreement Amendment Amount to Completed
Amount Amount Date Amount
Overall Percentage Spent:
Percent ($) Invoiced Current Remaining
Spent Previously Invoice Balance
cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352,
Title 31, U.S.C. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The Engineer, Kimlev-Horn and Associates, Inc. certifies or affirms the truthfulness
and accuracy of each statement of its certification and disclosure, if any. In addition,
the Engineer understands and agrees that the provisions of 31 U.S.C. Chap. 38,
Administrative Remedies for False Claims and Statements, apply to this certification
and disclosure, if any.
JP
Signature of E ineers Authorized Official
Bradlev J. Hill, Regional Contract Lead
Name and Title of Engineer's Authorized Official
May 17, 2024
Date
Procurement of Recovered Materials
In the performance of this Agreement, the Engineer shall make maximum use of products
containing recovered materials that are EPA -designated items unless the product cannot
be acquired —
Competitively within a timeframe providing for compliance with the contract
performance schedule;
Meeting contract performance requirements; or
At a reasonable price.
Information about this requirement, along with the list of EPA -designated items, is
available at EPA's Comprehensive Procurement Guidelines webpage:
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
City of Fort Worth, Texas
Attachment C
Page 3 of 6
The Engineer also agrees to comply with all other applicable requirements of Section
6002 of the Solid Waste Disposal Act.
Prohibition on Contracting for Covered Telecommunications Equipment or
Services
(a) Definitions. As used in this clause, the terms backhaul; covered foreign country;
covered telecommunications equipment or services; interconnection
arrangements; roaming; substantial or essential component; and
telecommunications equipment or services have the meaning as defined in FEMA
Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered
Telecommunications Equipment or Services (Interim), as used in this clause—
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit
the head of an executive agency on or after Aug.13, 2020, from obligating
or expending grant, cooperative agreement, loan, or loan guarantee funds on
certain telecommunications products or from certain entities for national
security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the Engineer and
its subcontractors may not use grant, cooperative agreement, loan, or loan
guarantee funds from the Federal Emergency Management Agency to:
i. Procure or obtain any equipment, system, or service that uses
covered telecommunication equipment or services as a substantial
or essential component of any system, or as critical technology of
any system;
ii. Enter into, extend, or renew a contract to procure or obtain any
equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology of any
system;
iii. Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part
of any system; or
iv. Provide, as part of its performance of this Agreement, any
equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part
of any system.
City of Fort Worth, Texas
Attachment C
Page 4 of 6
(c) Exceptions.
(1) This clause does not prohibit contractors from providing—
(i) A service that connects to the facilities of a third -party, such as backhaul, roaming,
or interconnection arrangements; or
(ii) Telecommunications equipment that cannot route or redirect user data traffic or
permit visibility into any user data or packets that such equipment transmits or
otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to:
(i) Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and
ii. Are not used as critical technology of any system.
(ii) Other telecommunications equipment or services that are not considered covered
telecommunications equipment or services.
(d) Reporting requirement.
(1) In the event the Engineer identifies covered telecommunications equipment or
services used as a substantial or essential component of any system, or as critical
technology as part of any system, during contract performance, or the contractor is
notified of such by a subcontractor at any tier or by any other source, the contractor shall
report the information in paragraph (d)(2) of this clause to the recipient or subrecipient,
unless elsewhere in this contract are established procedures for reporting the information.
(2) The Engineer shall report the following information pursuant to paragraph (d)(1) of
this clause:
(i) Within one business day from the date of such identification or notification: The
contract number; the order number(s), if applicable; supplier name; supplier unique entity
identifier (if known); supplier Commercial and Government Entity (CAGE) code (if
known); brand; model number (original equipment manufacturer number, manufacturer
part number, or wholesaler number); item description; and any readily available
information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this
clause: Any further available information about mitigation actions undertaken or
recommended. In addition, the contractor shall describe the efforts it undertook to prevent
use or submission of covered telecommunications equipment or services, and any
additional efforts that will be incorporated to prevent future use or submission of
covered telecommunications equipment or services.
(e) Subcontracts. The Engineer shall insert the substance of this clause, including this
paragraph (e), in all subcontracts and other contractual instruments.
City of Fort Worth, Texas
Attachment C
Page 5 of 6
Domestic Preferences for Procurements
As appropriate, and to the extent consistent with law, the Engineer should, to the greatest
extent practicable, provide a preference for the purchase, acquisition, or use of goods,
products, or materials produced in the United States. This includes, but is not limited to
iron, aluminum, steel, cement, and other manufactured products.
For purposes of this clause:
Produced in the United States means, for iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in
the United States.
Manufactured products mean items and construction materials composed in whole or in
part of non-ferrous metals such as aluminum; plastics and polymer -based products such
as polyvinylchloride pipe; aggregates such as concrete; glass, including optical fiber; and
lumber.
City of Fort Worth, Texas
Attachment C
Page 6 of 6
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 McCart Berry Flood Mitigation Program
Attachment D CPN: 105198
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.
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. Aten (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 p 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 p Insurance Services Office, Inc., 2018 CG 20 10 12 19
POLICY NUMBER: GL5268169
COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
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
Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved.
CERTIFICATE OF INTERESTED PARTIES
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Kimley Horn and Associates, Inc.
Dallas, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Fort Worth, Texas
FORM 1295
1 of 1
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2024-1135056
Date Filed:
03/15/2024
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
Project # 105198
McCart Berry Flood Mitigation Program
4
Cook, Richard N
Flanagan, Tammy
Lefton, Steve
McEntee, David L
Name of Interested Party
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is SARAH MEZA
My address is 13455 NOEL ROAD, SUITE 700
(street)
Nature of interest
City, State, Country (place of business) (check applicable)
Controlling Intermediary
Dallas, TX United States X
Dallas, TX United States X
Dallas, TX United States X
Dallas, TX United States X
, and my date of birth is 05/14/1981
DALLAS TX 75240 US
(city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in DALLAS County, State of TEXAS on the 15TH day of MARCH 20 24
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.5b35027
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/11/24 M&C FILE NUMBER: M&C 24-0488
LOG NAME: 20SWM MCCART BERRY ENGINEERING SERVICES
SUBJECT
(CD 9) Authorize Execution of an Engineering Agreement with Kimley-Horn and Associates, Inc. in the Amount of $500,000.00 for Conceptual
Planning, Project Development and Design Services for the McCart/Berry Flood Mitigation Project
RECOMMENDATION:
It is recommended that the City Council authorize execution of an engineering agreement with Kimley-Horn and Associates, Inc. in the amount of
$500,000.00 for conceptual planning, project development and design services for the McCart/Berry Flood Mitigation project (City Project No.
105198).
DISCUSSION:
This Mayor and Council Communication (M&C) is to authorize the execution of a task order engineering contract with Kimley Horn and Associates,
Inc. (KHA) to perform conceptual planning, project development and design services for the McCart/Berry Flood Mitigation project.
The McCart Avenue and Berry Street area is a critical and high -priority location for flood mitigation. The storm drain system is undersized, with
substantial stormwater runoff, frequently resulting in significant roadway, property and structure flooding during storm events. The flooding begins
near the intersection of Cleburne Road and Devitt Street, then extends northwest to the intersection of McCart Avenue and Berry Street, then
further north through the eastern part of the Texas Christian University (TCU) campus, and ultimately to Forest Park. There are many documented
flooding concerns, including at least six high-water rescues. Additionally, there are recorded incidents of flooded structures in the area. In 2018,
the City conducted an engineering study to understand the flooding and identify potential improvement alternatives. This study identified a potential
relief storm drain line that would provide the area with a level of protection in a 5-year storm event. The City standard is for projects to be designed
for a 100-year, or 1 % chance in any given year, storm event level of service. A 5-year level of service represents a 20% chance of storm event in
any given year. A 5-year storm occurs more frequently than a 100-year storm. A 100-year level of service option was evaluated in the study but
proved to be cost —prohibitive. A 5-year level of service will still have significant benefits to the community and is estimated to reduce the flood
depth at Berry Street by 3.4 feet and mitigate flood risk to approximately 50 structures in a 100-year storm. It is estimated that during a 5-year
storm, the flood depth at Berry Street would be reduced by 2.8 feet and mitigate flooding to approximately 40 structures.
With this contract, KHA will further evaluate the 5-year relief line, investigate potential partnership options with TCU, and develop a feasible overall
plan for the area. The plan will identify phases that, when constructed, would result in reductions in flood depths and mitigate flood risk. The
contract will be a task -order contract; task orders will be issued as the work advances. The cost of each task order will be based on an agreed -
upon scope and the cost for the hours worked will be at agreed -upon hourly rates. Staff considers the proposed hourly rates to be fair and
reasonable for the size and complexity of the contemplated project. The scope of work will include conceptual planning, project development,
definition of the feasible project phases, preparation of an overall implementation plan and schedule, identification of risks and mitigation
strategies for each phase, preparation of engineering plans for construction, performance of construction phase services, and assistance to the
City in identification and preparation of applications for grant funding. This initial agreement will be amended as additional funds become available
and the project scope becomes more defined. The contract duration will continue until work is complete or all funds are utilized.
In July 2023, the Transportation and Public Works Department (TPW), Capital Delivery Division, published a Request for Qualifications (RFQ) for
the McCart Berry Flood Mitigation Engineering services. Nine consultants responded to the RFQ with Statements of Qualifications (SOQ). An
evaluation team of City staff subject matter experts from the Capital Delivery and Stormwater Divisions of TPW scored the SOQs based on
company experience, project manager experience, prior projects, and project understanding. Respondents to the RFQ were scored, and based on
this scoring, KHA was selected as the most qualified consultant to perform conceptual planning, project development, design services, and
construction phase services for this project.
The 2023 Stormwater Revenue Bond will fund this engineering agreement. The Revenue Bond sale was approved by Mayor and Council on May
11, 2023. Funding is budgeted in the Drainage Rev Bonds Series 2023 Fund for the TPW Dept Highway & Streets Department for the purpose of
funding the McCart Berry Flood Miti Prgm project.
Business Equity Office: Kimley Horn Associates, Inc. is in compliance with the City's Business Equity Ordinance by committing to 13 percent
Business Equity participation on this project. The City's Business Equity goal on this project is 13 percent.
This project is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Drainage Rev Bonds
Series 2023 Fund for the McCart Berry Flood Miti Prgm project to support the approval of the above recommendation and execution of the
agreement. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the
availability of funds.
Submitted for Citv Manaaer's Office bv: Jesica McEachern 5804
Oriainatina Business Unit Head: Lauren Prieur 6035
Additional Information Contact: Linda Young 2485
FORT WORTH,
Routing and Transmittal Slip
Transportation & Public Works Department
DOCUMENT TITLE: McCart Berry Flood Mitigation Engineering Contract
M&C: 24-0488 CPN: 105198
Date:
To: Name
1. Scott Arnold - Scott.Arnoldna,kimlev-horn.com
2.
3.
4.
5.
6.
7
8
9
10.
Justin Naylor
Lauern Prieur
Doug Black
Jesica McEachem
Jannette Goodall
Allison Tidwell
TPW/Contracts
CSO:
DOC#:
Department
Initials
Contractor
S!h-
TPW/Approver/Agil
JN
oft
TPW/Approver/Agil
LP
Legal
7Bne
ACM
o�
M
CSO
TG
CSO
.%
TPW
Date Out
Jul 3, 2024
Jul 9, 2024
Jul 9, 2024
J u 111, 2024
J u 115, 2024
J u 115, 2024
J u 115, 2024
CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW
Contracts
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 ®No
RUSH: ❑YES ®No SAME DAY: ❑YES [-]No NEXT DAY: ❑YES ❑No
ROUTING TO CSO: ®YES ❑No
Action Required:
❑ As Requested
❑ For Your Information
® Signature/Routing and or Recording
❑ Comment
❑ File
❑ Attach Signature, Initial and Notary Tabs
Return To: Please notify ti)w sw contracts(affortworthtexas.,aov when complete. Call ext. 817 228
3283 or ext. 6254 with questions. Thank you!