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Home My WebLink AboutContract 62600CSC No. 62600 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES This agreement ("Agreement") is between the City of Fort Worth, a Texas home-rule municipality ("City"), and Kimley-Horn and Associates, Inc., author ized to do business in Texas ("Consultant"), for a project generally described as: Berry Street Green Ribbon FY25 ("Project") -Project No. 105831 . Article I Scope of Services (1)Consultant hereby agrees to perform professional services as set forth in this Agreement and the Scope of Services, attached hereto as Attachment "A" ("Services"). These Services shall be performed in connection with the Project. (2)Additional services, if any, will be memorialized by an amendment to this Agreement. (3)All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of City, and shall be furnished to the City, prior to or at the time such services are completed, or upon termination or expiration of Agreement. Article II Compensation Consultant shall be compensated an amount up to $87,000.00 ("Contract Amount") in accordance with the Fee Schedule shown 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. Consultant shall provide monthly invoices to City. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Consultant 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 Ill Term Time is of the essence. The term of this Agreement shall commence on the Effective Date and shall continue until the expiration of the funds or completion of the subject matter pursuant to City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: March 8, 2024 Page 1 of 8 Berry Street Green Ribb on FY25 105831 the schedule, whichever occurs first, unless terminated in accordance with the terms of this Agreement. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence Work performed by Consultant 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 Consultant's work or work product shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its performance of the Services. Article VI Indemnification CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFYAND HOLD CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITI� OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. City of Fort Worth, Texas Berry Street Green Ribbon FY25 Standard Agreement for Professional Services 105831 Revision Date: March 8, 2024 Page 2 of 8 Article VII Insurance Consultant shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. Article VIII Force Majeure City and Consultant 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. Article IX Transfer or Assignment Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) City may terminate this Agreement for convenience by providing written notice to Consultant at least 30-days prior to the date of termination, unless Consultant agrees in writing to an earlier termination date. (2) Either City or Consultant may terminate this Agreement for cause if either party fails to substantially perform, through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Consultant, Consultant shall discontinue Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article II of this Agreement and in accordance with Exhibit "B". Article XI Right to Audit (1) Consultant agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to Agreement. Consultant agrees that City shall have access during normal City of Fort Worth, Texas Berry Street Green Ribbon FY25 Standard Agreement for Professional Services 105831 Revision Date: March 8, 2024 Page 3 of 8 working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontractor agrees that City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor(s), involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any subcontractor reasonable advance notice of intended audit. (3) Consultant and subcontractor(s) agree to photocopy such documents as may be requested by City. City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article XII 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 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), Consultant acknowledges the MBE and WBE goals established for this Agreement and its execution of this Agreement is Consultant'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 Consultant 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. Article XIII Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect 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. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees or its subcontractor(s). City of Fort Worth, Texas Berry Street Green Ribbon FY25 Standard Agreement for Professional Services 105831 Revision Date: March 8, 2024 Page 4 of 8 Article XIV Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s) who perform work under Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Consultant shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under Agreement. Consultant 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 Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate Agreement for violations of this provision by Consultant. Article XV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of 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. Agreement shall be construed in accordance with the laws of the State of Texas. Article XVI 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 Consultant 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 Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. Article XVII Severability The provisions of Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or City of Fort Worth, Texas Berry Street Green Ribbon FY25 Standard Agreement for Professional Services 105831 Revision Date: March 8, 2024 Page 5 of 8 unconstitutional for any reason, the remainder of Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVIII Notices Notices regarding Articles IX or X are to be provided to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Bereket Birhane Capital Delivery Division 200 Texas Street Fort Worth, Texas 76102 Consultant: Kimley-Horn and Associates, Inc. Attn: Katherine Utecht, PLA, LI 801 Cherry Street, Suite 1300 Fort Worth, Texas 76102 All other notices may be provided as described above or via electronic means. Article XIX Prohibition On Contracts With Companies Boycotting Israel Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Consultant has 10 or more full time-employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifies that Consultant's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. City of Fort Worth, Texas Berry Street Green Ribbon FY25 Standard Agreement for Professional Services 105831 Revision Date: March 8, 2024 Page 6 of 8 Article XX Prohibition on Boycotting Energy Companies Consultant 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, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XXI Prohibition on Discrimination Against Firearm and Ammunition Industries Consultant 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, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Article XXII Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of Agreement. Article XXIII City of Fort Worth, Texas Berry Street Green Ribbon FY25 Standard Agreement for Professional Services 105831 Revision Date: March 8, 2024 Page 7 of 8 Attachments, Schedules and Counterparts 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 Agreement: Attachment A -Scope of Services Attachment B -Compensation Attachment C -Changes to Agreement 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: Jan 10, 2025 ATTEST: r1 Jb.o,w, Jannette Goodall City Secretary APPROVED AS TO FORM AND LEGALITY By:oouglas Black (Jan 6, 202518:00 CST) Douglas W Black Sr. Assistant City Attorney City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: March 8, 2024 Page 8 of 8 BY: CONSULTANT Kimley-Horn and Associates, Inc. Regional Contract Lead Date: December 4, 2024 M&C No.: M&C Date: N/A N/A Berry Street Green Ribbon FY25 105831 FORT WORTH� ATTACHMENT "A" Scope for LANDSCAPE ARCHITECT Desiqn Related Services for Landscape Improvements The scope set forth herein defines the work to be performed by the LANDSCAPE ARCHITECT (CONSULTANT) in completing the project. Both the CITY and CONSULTANT have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE This project consists of construction documents and construction phase services for the landscape design along portions of the north and south side of US 287(MLK FWY) within the parkway right-of-way (ROV� and irrigation for landscape along US 287(MLK FWY). The CONSULTANT understands the project construction cost will be federally funded and will be programmed by TxDOT. The CITY understands the project will follow the TxDOT Design Review Process and follow Local Government Project Procedures. WORK TO BE PERFORMED Task 1. Design Management T��L '� (�nnncr�4� inl I'looiivr� /4(10%\ ru��vvrrc �v� Task 3. Preliminary Design (60%) Task 4. Final Design (90% and 100%) Task 5. Bid Phase Services Task 6. Construction Phase Services T � � L 7 D�v- \ v/��c-r�r��iTCQc�vTC�S Task 8. Survey Task 9. Permitting Task 10. Quality Control/ Quality Assurance City of Fort Worth, Texas Page 1 of 8 Attachment A Revision Date: 05.23.2024 Page 1 of 8 FORT WORTH� TASK 1. DESIGN MANAGEMENT. CONSULTANT will manage the work outlined in this scope to ensure efficient and effective use of CONSULTANT 's and CITY's time and resources. CONSULTANT will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. • Meet with CITY and TXDOT to review schedule, design guidelines and requirements, and general design criteria and preferences for the landscaped medians — one (1) meeting. • TXDOT coordination including correspondence with TXDOT District, Submittal (60%, 90%, and Final) and TXDOT review response letters. • Prepare for and attend CITY plan review meetings —(60%, 90%) — two (2) meetings total. • Project communication, correspondence, and coordination with the Client. • Prepare and email project status to project team (CITY and Consultant team). • Review monthly invoices and invoice summary per TXDOT standards. • Prepare project schedule and update throughout design for TXDOT and the Client. DELIVERABLES A. Three (3) Meeting summaries with action items B. Monthly Schedule updates with schedule narrative describing any current or anticipated schedule changes C. Monthly Project Status Reports D. Monthly invoices TASK 2. CONCEPTUAL DESIGN (30 PERCENT). [NOT USED] TASK 3. PRELIMINARY DESIGN (60 PERCENT). The CONSULTANT will prepare the landscape construction plans for the US 287(MLK FWY) Green Ribbon project. The construction plans will provide locations of landscape improvements, planting details, irrigation plans and details, and specifications. This task consists of plan sets and submittals as follows: • Further develop Landscape Plans and Details for the medians showing new plant material locations as they relate to the medians. Included in these sheets will be a planting schedule specifying recommended plant species and details illustrating recommended installation methods and requirements. • Develop Irrigation Plans and Details for the proposed landscape improvements showing head layout, pipe sizing and Controller/Valve locations and standard City of Fort Worth, Texas Page 2 of 8 Attachment A Revision Date: 05.23.2024 Page 2 of 8 FORT WORTH� details. These plans will show sufficient detail for construction and will be prepared to conform to published City and TXDOT requirements. Compile applicable City standard details and TXDOT standard details necessary for design. Modify standard details as needed. Revise project schedule based on TXDOT review schedule. Develop opinion of probable construction costs (OPCC). The CONSULTANT has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to CONSULTANT at this time and represent only the CONSULTANT's judgment as a design professional familiar with the construction industry. The Consultant cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. • Submit one (1) PDF set of plans (11" x 17") to the Client for review and comment. • Address CITY comments and re-submit one (1) digital set of plans (11" x 17") to the TXDOT District Office for review and comment. • Conduct 60% PS&E comment review meeting with TXDOT District Office to solicit review comments and discuss the approach to addressing comments. • Address 60% PS&E comments and prepare TXDOT response letter. • Preparation and submittal of the published TxDOT ISA Report Form, June 2016 (510.01.DS). As part of this effort, CONSULTANTwill review historic aerial images and mapping, and the results of a regulatory records review (database search). The CONSULTANT will submit a Preliminary Scoping Form to the TxDOT Fort Worth District, in an effort to determine the environmental submittal requirements for the project. One project site visit will be conducted to make observations and take photographs of the existing observable conditions related to the environmental concerns outlined in the ISA Report. Interviews with local residents, TxDOT staff, or City personnel are not included in this task. Any additional effort, or additional TxDOT requirements, including responding to comments or requests for additional information will be considered an Additional Service. DELIVERABLES A. TXDOT Standard Cover/Index B. Project Control C. Quantity Summary Sheets D. Project Layout E. Landscape F. Irrigation G. Miscellaneous Details H. TXDOT Standard Detail Sheets I. OPCC J. General Notes TASK 4. City of Fort Worth, Texas Page 3 of 8 Attachment A Revision Date: 05.23.2024 Page 3 of 8 FORT WORTH� A. FINAL DESIGN (90 PERCENT) Upon approval of the Preliminary plans, CONSULTANT will prepare construction plans as follows: • Submit one (1) PDF set of plans (11" x 17") to the CITY for review and comment. • Address CITY comments, prepare comment response letter, and re-submit one (1) digital 11" x 17" .pdi to the TXDOT District Office review and comment. • Conduct 90% PS&E comment review meeting with TXDOT District Office to solicit review comments and discuss the approach to addressing comments. • Address TXDOT Area Office comments and resubmit one (1) digital 11" x 17" pdf for review and comment. B. FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). • Incorporate the final design submittal review comments and prepare comment response letter. • Submit five (5) sets of plans and specifications to the CITY. • Submit final OPCC. DELIVERABLES A. TXDOT Standard Cover/Index B. Project Control C. Quantity Summary Sheets D. Project Layout E. Landscape F. Irrigation G. Miscellaneous Details H. TXDOT Standard Detail Sheets I. OPCC J. General Notes TASK 5. BID PHASE SERVICES. The CONSULTANT will assist the CITY and TxDOT during the bidding phase. The CONSULTANT understands the City is utilizing the local let process for this phase. CONSULTANT will: • Prepare for a pre-bid meeting and answer appropriate questions from bidders. • Issue addenda in response to bidder's requests for information. • Provide bid tabulations and Letter of Recommendation. (A summary of the bid analysis will be provided to the CITY for use in selection and award of the construction contract.) TXDOT will need to approve the bid opening and tabulation prior to the award of the construction contract. DELIVERABLES City of Fort Worth, Texas Page 4 of 8 Attachment A Revision Date: 05.23.2024 Page 4 of 8 FORT WORTH� A. Addenda B. Bid tabulation and letter of recommendation TASK 6. CONSTRUCTION PHASE SERVICES. The CONSULTANT will assist the CITY and TxDOT during the construction phase. The CONSULTANT understands the CITY is utilizing the state let process for this phase. The CONSULTANT will: • Review shop drawings. CONSULTANT will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. • Attend one (1) pre-construction meeting. CONSULTANT will attend a Pre- Construction Conference prior to commencement of Work at the Site. • Respond to contractor RFI's. CONSULTANT will respond to five (5) Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to Client as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by CITY. • Site visits as requested by the Client or TxDOT — four (4) total. CONSULTANT will make visits at intervals as directed by CITY in order to observe the progress of the Work. Such visits and observations by CONSULTANT are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on CONSULTANT 's exercise of professional judgment. Based on information obtained during such visits and such observations, CONSULTANT will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and CONSULTANT will keep Client informed of the general progress of the Work. CONSULTANT shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall CONSULTANT have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, CONSULTANT neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. City of Fort Worth, Texas Page 5 of 8 Attachment A Revision Date: 05.23.2024 Page 5 of 8 FORT WORTH� • Final walk-through. CONSULTANT will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents to the best of CONSULTANT 's knowledge, information, and belief based on the extent of its services and based upon information provided to CONSULTANT upon which it is entitled to rely. TASK 7. ROW/EASEMENT SERVICES. [NOT USED] TASK 8. SURVEY. • The CONSULTANT will prepare a topographic survey for the subject parkway areas for the purpose of preparing landscape plans. The CONSULTANT will survey existing limits of pavement for the parkway and median, along Highway 287, and will consist of guardrails, fencing, traffic poles, signs, and other observed above ground physical features. • The CONSULTANT will prepare an electronic map showing existing contour lines at 1' intervals based on a nominal 50' grid system, along with major grade breaks. • Visible evidence of utilities, including water valves, storm inlets, sewer cleanouts, electrical lines, telephone lines and gas lines will be located. This task does not include subsurface utility locations. The CONSULTANT will set on-site temporary benchmarks in close proximity to the limits of work. DELIVERABLES A. Drawing of the project layout with dimensions and coordinate list. TASK 9. PERMITTING. CONSULTANT will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows: .[the following are examples of activities that CONSULTANT may revise or expand upon] 9.1 Texas Department of Transportation (TxDOT) Permit • Meet, negotiate and coordinate to obtain approval of the agency issuing the agreement and/or permits. • Completing all forms/applications necessary. • Submitting forms/applications for CITY and TxDOT review • Submitting revised forms for agency review • Responding to agency comments and requests DELIVERABLES A. Copies of Permit Applications B. Copies of Approved Permits City of Fort Worth, Texas Page 6 of 8 Attachment A Revision Date: 05.23.2024 Page 6 of 8 FORT WORTH� TASK 10. QUALITY CONTROL / QUALITY ASSURANCE. CONSULTANT to provide to the City a Quality Control/ Quality Assurance Plan (QC/QA Plan) outlining the CONSULTANT 's method of ensuring the highest levels of design and accuracy are incorporated into the calculations, plans, specifications, and estimates. CONSULTANT is responsible for and shall coordinate all subconsultant activity to include quality and consistency of plans. If, at any time, during the course of reviewing a submittal of any item it becomes apparent to the CITY that the submittal contains errors, omissions, and inconsistencies, the CITY may cease its review and return the submittal to the CONSULTANT immediately for appropriate action. No additional time will be granted. 10.1. QC/QA of Survey and SUE Data • The CONSULTANT 's Surveyor shall perform Quality Control/ Quality Assurance on all procedures, field surveys, data, and products prior to delivery to the CITY. The CITY may also require the CONSULTANT's Surveyor to perform a Quality Assurance review of the survey and/or subsurface utility engineering (SUE) work performed by other surveyors and SUE providers. • CONSULTANT's Surveyor shall certify in writing via a letter that the survey information provided has undergone a Quality Control/ Quality Assurance process. • CONSULTANT's Subsurface Utility Engineering provider shall certify in writing via a letter that the SUE information provided has undergone a Quality Control/ Quality Assurance process. 10.2. QC/QA of Design Documentation • CONSULTANT shall perform a QC/QA review of all documents being submitted for review at all stages of the design including the 30%, 60%, and 90% and Final Document design review submittals. QA should be performed by an individual within the firm who is not on the design team. • A Comment Resolution Log must be used to document conflicting comments between reviewers and to highlight comments made by the CITY that the CONSULTANT is not incorporating into the design documents along with the associated explanation. The CONSULTANT shall use the Comment Resolution Log provided by CITY. If any information is missing, is incomplete or if any comments are not adequately addressed; the CITY may contact the CONSULTANT and request the missing information. If the CONSULTANT does not respond to the request within 24 hours, the CITY shall reject the submittal. No additional time will be granted to the design schedule for a returned submittal. CONSULTANT shall plan to recover the lost time with future project milestones remaining unchanged. • If the CONSULTANT has not adequately addressed the comments, the submittal shall be rejected and returned to the CONSULTANT immediately to address the issues. ASSUMPTIONS City of Fort Worth, Texas Page 7 of 8 Attachment A Revision Date: 05.23.2024 Page 7 of 8 FORT WORTH� • All submittals to the City will be Quality checked prior to submission. • QC/QA documentation will be uploaded to the project folder in the City's document management system (eBuilder). DELIVERABLES QC/QA documentation a. Comment Resolution Log ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existinq Scope of Services — CITY and CONSULTANT agree that the following services are beyond the Scope of Services described in the tasks above. However, CONSULTANT can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the CONSULTANT as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition, unless included as part of Section 7. • Services related to disputes over pre-qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Administration of the construction contract and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. • Subsurface utility engineering or investigation. • Construction phase services related to the local let process, unless included as part of Task 6. City of Fort Worth, Texas Page 8 of 8 Attachment A Revision Date: 05.23.2024 Page 8 of 8 ATTACHMENT B COMPENSATION Design Services for Berry Street Green Ribbon FY25 Project City Project No. 105831 Lump Sum Project I. Compensation A. The LANDSCAPE ARCHITECT shall be compensated a total lump sum fee of $87,000.00 as summarized in Exhibit B-1 — Landscape Architect Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The LANDSCAPE ARCHITECT shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the LANDSCAPE ARCHITECT monthly upon City's approval of an invoice prepared and submitted by the LANDSCAPE ARCHITECT in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the LANDSCAPE ARCHITECT. III. Progress Reports A. The LANDSCAPE ARCHITECT shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 1 of 3 Berry Street Green Ribbon FY25 Project CPN: 105831 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Kimley-Horn and Engineering Services $87,000.00 100% Associates, Inc. Proposed MWBE Sub-Consultants Non-MWBE Consultants TOTAL $87,000.00 100% Pro'ect Number & Name Total Fee MWBE Fee MWBE % Berry Street Green Ribbon FY25 $87,000.00 $0 0% Pro'ect City MWBE Goal = 0% Consultant Committed Goal =0 % City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 2 of 3 Berry Street Green Ribbon FY25 Project CPN: 105831 i•v' ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Berry Street Green Ribbon FY25 Project City Project No. 105831 No changes are proposed to the Standard Agreement City of Fort Worth, Texas Berry Street Green Ribbon FY25 Project Attachment C CPN:105831 PMO Release Date: 05.19.2010 Page 1 of 1 0 � i a� i v �4 Q � z c � a v� ti N C N �. � Q � Li. � z c � a � � � � � � � �, � �; �, v, v, v, v, v, `^ v, v, '^ '^ '� N N N N N N N N N N N N N N N N N N N N N N N �p a' �� O � R 7 R� O O �D O�. 01 O� 00 N M v1 � O N N N � � � � � � L^ 00 � N � N m� a a v� vl �D �O r l� N 00 O�. 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"� i�'f+' ' �,,w ,�, �, A��, � -- �' i f '.; � ,� ' c. _�� t � '. �r a � ` _ � � a9 �` ,� � _ j ,'r ` � ` ��< ¢� ..�� `' i �'_.'�. �. � ��'ryi` � �. . , . . > � ..�� ° � t f� _�., � � — ,.:� Q IIG, �-�.• � � .�, i., + � �, , .— � aw , . �' , � ; � ��. � �l �` ��"� � � _ � I i, �� ;�� 1�"�" �, �' . -. � � f • �;,� � � �61 � " q�� t �t�� w��K 4il�/ ..'� �� i I � � �i1�'i� ��,�� pl k' � ��,��j, .��,��.�� -� rl � � � �� s°�� + � • � �' � 4 �,. -�4.� I�i` � :i � � �'—�Q S' I `.Yil� y`��y. � R Cn � �� '� �rVr' i�.�..�.� `� � �� L � � � . �`��1 9 . � � L � � �M' � � �1�� . i. �i� � LLI � W `" � � R � i,.1;�� _� ,i w 1 � �'�aM' "� � a 1 _ '� '�-,.*.- _� �� -r ��, ��jl � 1 � ` �� F"' I � �� .� � � � j , � � , a ��a i .e... k + ; . . � �-, � •. 1 r = �� — '+� � '. r —Z� 3 r� Y 3 " � �'' a � ! �' � � f ��; ,a � r � Q � � � U J c O � � � N � W^` W VJ � m w � � � ti � N > 2 c � o O V � ��^ 1..l� I..L � � O N 0 � N U� EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the 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 Requiremerits 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 e ndorsement 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 concurrentwith 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 Requiremerits Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a currentA.M. Best rating of A:VII or equivalent measure of financial strengtf� 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 consentto 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. 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. Lines of coverage, other than Professional Liability, underwritten on a claims- made basis, shall contain a retroactive date coincidentwith 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. 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 Requiremerits Page 3 of 3 Rev. 5.04.21 0 0 0 Y m o 0 0 � 4L N 1� � W N N O O L � .£ a a 3 w V O O 2 0 � � W C � O h � c a s � N T W � O 3 L � F H > W 2 3 t a+ o ~ o w 2 '^ 3 N O �C W s N 0 0 0 0 0 0 0 0 0 0 0 0 . o 0 0 0 0 0 0 0 0 0 n o o�� o 0 0 0 0 0 0 0 0 o w rn o ry n N�� n n� �➢ W W�� N � N y M N yr � N� � N N� N � N W w O a 0 O N � a 0 � O O O O O O �� O O O O O O O O O O O �� O O O O O p O O �o w o 0 o vi oo �� N vi p o 0 0 � m o 0 J LL i� n n o m a O1 �c N e� n e� � n n� • • • �O 00 y� N� P N rl N y' M N y� VT VT VT UT N � µ N V� V4 1/� UT N O � � o �o m ao m m"� ti u�i d�.�i a' .�i Q.°p-i .�i T � x « v o 0 0 0 0 0 0 0 0 0 _� o 0 0 0 0 0 0 0 0 0 Qm` v� •n tn .n �n .n .n .n .n v�i .� > o y a` j L�'+ .y .y ry ry ry ti ti .+ 0 � o 0 0 0 o N o m� o 0 0 0 0� o C O �� N Ql t0 ��11 N� N � 2 ti an an V, � vF ,-�y �� an �n tn an � vF u� Q � = Q L N N N �l1 �„� � O O � a� N W N J F ' � oo �o �� o00 00 s �oo �o�� o� o 0 �v� �� ,� �� N �~ 1�/i ��(�/1 1�/i t/al tN/1 N N� g�, �, �, �. �, � �. v �� a v Y t� N V V � N M ti N N ti l0 a l0 N�� N o O O O gv o 0 0 0 0 0 ao ^ In' LL m UT UT UT N� - � V � C O ^ '. '. .. rn a� m a+ O/ N L � � � L � m � C 3 3 1C n 3 v N u p� � o o � � � � V1 ,� z z z � � � " _ _ - \ (j� a �� - � � c �� am�a � ? ? � � - - - E E o � m � v"� �= oo� W y �� o E � o 0 W L � 3 3 _ - � LL :�J � c _ �� Q - o o E� 9 a u° 3 WpNF � _ ;e - °o. o 0 � � N �o T w a H� O�i LL O�y ~ H li L O �� .i .i .i m O vi vi vi M . a LL e�i 6 a � m 0 a E � � E o o - � � - m — r o �� y 3 > v r — Qm � d vi �n � � 0 0 � c ` �� `� r , 105831-EPAG-Professional Services Agreement Final Audit Report 2024-12-19 Created: 2024-12-19 By: Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) Status: Filled Transaction ID: CBJCHBCAABAAEe2NN9kFZUsYA2iN2dzt9HyupwOZHIEM "105831-EPAG-Professional Services Agreement" History Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2024-12-19 - 4:48:05 PM GMT- IP address: 204.10.90.100 Document emailed to Ann Estes (ann.estes@fortworthtexas.gov) for filling 2024-12-19 - 4:49:33 PM GMT �:� Email viewed by Ann Estes (ann.estes@fortworthtexas.gov) 2024-12-19 - 5:25:07 PM GMT- IP address: 204.10.91.100 '�rs Form filled by Ann Estes (ann.estes@fortworthtexas.gov) Form filling Date: 2024-12-19 - 5:25:23 PM GMT - Time Source: server- IP address: 204.10.91.100 ": Agreement completed. 2024-12-19 - 5:25:23 PM GMT �� 1'1'd�i��'iy Pawered by � Adohe Acrobat 5ign Fo��r��r�� Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Professional Services Agreement M&C: N/A CPN: 105831 CSO: DOC#: Date: 12/06/2024 To: Name Department Initials Date Out 1. Ann Estes TPW - signature � Dec 19, 2024 2 Bereket Birhane TPW - signature 3. Raul Lopez TPW - signature "" 4. Lissette Acevedo TPW - signature �� " 5. Patricia Wadsack TPW - signature "" 6. Lauren Prieur TPW - signature "" 7. Doug Black Legal - signature p� J a n 6, 2025 8. Jesica McEachern CMO - signature ,�,� Jan 10, 2025 9. Jannette Goodall CSO - signature ,� Jan 10, 2025 10. TPW Contracts TPW DOCUMENTS FOR CITY MANAGER'S SIGNTURE: 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 X No RUSH: ❑ Yes X No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ No ROUTING TO CSO: X Yes Action Reauired: ❑ As Requested ❑ For Your Information X Signature/Routing and or Recording ❑ Comment ❑ File ❑ No ❑ Attach Signature, Initial and Notary Tabs Return To: TPWContracts(a�fortworthtexas.qov at ext. 7233 for pick up when completed.