HomeMy WebLinkAboutContract 63094CSC No. 63094
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: 6900 Adventuress Court-Project
No. CPN 105999.
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 $124,200 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 Ill
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
Standard Agreement for Engineering Related Design Services
Revised Date: 03-08-2024
Page 1 of 14
6900 Adventuress Court
Project No. CPN 105999
Article IV
Obligations of the Engineer
A.
B.
C.
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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.
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.
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.
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 6900 Adventuress Court
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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 6900 Adventuress Court
Standard Agreement for Engineering Related Design Services Project No. CPN 105999
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 6900 Adventuress Court
Standard Agreement for Engineering Related Design Services Project No. CPN 105999
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 6900 Adventuress Court
Standard Agreement for Engineering Related Design Services Project No. CPN 105999
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,
City of Fort Worth, Texas 6900 Adventuress Court
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Revised Date: 03-08-2024
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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 6900 Adventuress Court
Standard Agreement for Engineering Related Design Services Project No. CPN 105999
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 6900 Adventuress Court
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Revised Date: 03-08-2024
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(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
J. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
Article VI
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
City of Fort Worth, Texas 6900 Adventuress Court
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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 6900 Adventuress Court
Standard Agreement for Engineering Related Design Services Project No. CPN 105999
Revised Date: 03-08-2024
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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, or failure to pay a subcontractor or supplier. CITY
is entitled to recover its reasonable attorney's fees in proportion to the
ENGINEER's liability.
G. Assignment
ENGINEER shall not assign all or any part of this AGREEMENT without the
prior written consent of CITY.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted later by governing bodies having jurisdiction or authority for
such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless
CITY and all of its officers, agents and employees from and against all
City of Fort Worth, Texas 6900 Adventuress Court
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Revised Date: 03-08-2024
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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 (I-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all I-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 6900 Adventuress Court
Standard Agreement for Engineering Related Design Services Project No. CPN 105999
Revised Date: 03-08-2024
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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.
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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.
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 6900 Adventuress Court
Standard Agreement for Engineering Related Design Services Project No. CPN 105999
Revised Date: 03-08-2024
Page 13 of 14
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 McEachem
Assistant City Manager
Date: Apr 14, 2025
ATTEST: ri�
Jannette Goodall
City Secretary
BY:
ENGINEER
Kimley-Hom and Associates, Inc.
Bradley J. Hill
Bradley J. Hill (M�r 26, 2025 15:33 COT)
Bradley Hill
Contract Specialist
Date: Mar 26, 2025
APPROVED AS TO FORM AND LEGALITY
� By: Douglas Black (Apr4,202516:25 CDT) __ M __ & __ C ____ N __ o __ . : ___ N_IA _______ _
Douglas W Black
Sr. Assistant City Attorney __ M __ & ...... C ..... D __ a __ t __ e __ : __ N_IA ______ _
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 03-08-2024
Page 14 of 14
6900 Adventuress Court
Project No. CPN 105999
ATTACHMENT "A"
Scope for Enqineerinq Desiqn Related Services for Storm Water Improvements Proiects
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
This project consists of the preliminary and final design efforts associated with evaluating
the storm drainage improvements needed to alleviate the excess surface storm water from
Adventuress Court. The project includes conceptual, preliminary and final design services
for the storm drainage improvements. The construction plans will not go through a traditional
competitive bid process, but will be provided to a contractor selected by the CITY. This
scope does not include bidding or construction phase services.
WORK TO BE PERFORMED
Task 1.
Task 2.
Task 3.
Task 4.
Task 5.
Task 6.
Task 7.
Design Management
Conceptual Design
Preliminary Design
Final Design
Bid Phase Services
Construction Phase Services
ROW/Easement Services
TASK 1. DESIGN MANAGEMENT.
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use
of ENGINEER's and CITY's time and resources. ENGINEER will manage change,
communicate effectively, coordinate internally and externally as needed, and proactively
address issues with the CITY's Project Manager and others as necessary to make progress
on the work.
1.1.
Managing the Team
• Lead, manage and direct design team activities
• Ensure quality control is practiced in performance of the work
• Communicate internally among team members
• Task and allocate team resources
1.2.
Communications and Reporting
• Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and
clarify scope, understand CITY objectives, and ensure economical and functional
designs that meet CITY requirements.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 1 of 22
• Conduct and document monthly project update meetings with CITY Project Manager.
• Conduct review meetings with the CITY at the end of each design phase.
• Conduct and document biweekly design team meetings.
• Prepare invoices, in accordance with Attachment B to this Standard Agreement and
submit monthly in the format requested by the CITY.
• Prepare and submit monthly progress reports in the format provided by the respective
CITY Department.
• Prepare and submit baseline Project Schedule initially, and Project Schedule updates
with a schedule narrative monthly, as required in Attachment D to this Standard
Agreement and according to the City of Fort Worth's Schedule Guidance Document.
• Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at
the end of the project, if applicable.
• Coordinate with other agencies and entities as necessary for the design of the
proposed infrastructure, and provide and obtain information needed to prepare the
design.
• With respect to coordination with permitting authorities, ENGINEER shall
communicate with permitting authorities such that their regulatory requirements are
appropriately reflected in the designs. ENGINEER shall work with regulatory
authorities to obtain approval of the designs, and make changes necessary to meet
their requirements, as part of the design scope.
• Personnel and Vehicle Identification: When conducting site visits to the project location,
the ENGINEER or any of its sub-consultants shall carry readily visible information
identifying the name of the company and the company representative.
ASSUMPTIONS
• The budget for this task is based upon the assumption that the design phase will
be completed by July 2025.
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
C. Monthly progress reports
D. Baseline design schedule
E. Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 2 of 11
TASK 2. CONCEPTUAL DESIGN (30 PERCENT).
The Conceptual Design shall be submitted to CITY per the approved Project Schedule.
The purpose of the conceptual design is for the ENGINEER to identify, develop,
communicate through the defined deliverables, and recommend the design concept that
successfully addresses the design problem, and to obtain the CITY's endorsement of this
concept. ENGINEER will utilize concepts and criteria contained in the current CITY — iSWM
Criteria Manual for Site Development and Construction for conceptual planning and design.
ENGINEER will develop the conceptual design of the infrastructure as follows.
2.1. Data Collection
In addition to data obtained from the CITY, ENGINEER will research and make
efforts to obtain pertinent information to aid in coordination of the proposed
improvements with any planned future improvements that may influence the
project. ENGINEER will also identify and seek to obtain data for existing
conditions that may impact the project including; utilities, agencies (such as
TxDOT and railroads), CITY Master Plans, CITY drainage complaint files,
existing applicable drainage studies, FEMA floodplain and floodway maps,
existing models of project area (if any) and property ownership as available from
the Tax Assessor's office.
2.2. Drainage Computations
ENGINEER will delineate the watershed based on contour data and field
verification and document existing street, right-of-way and storm drain capacities
for the subject site. A drainage area map will be drawn at maximum 1" = 200'
scale from available 2-foot contour data with the contours labeled. Data source
and year will be provided by the CITY. Calculations regarding street and right-of-
way capacities and design discharges (5-year and 100-year frequencies) at
selected critical locations will be provided. Other frequencies as required by
iSWM criteria may be appropriate for outfalls and sensitive locations. Capacities
of existing storm drain will be calculated and shown. All calculations shall
conform to CITY criteria delineated in the current CITY iSWM Criferia Manual for
Site Development and Construction. All locations in the project area where 100-
year runoff exceeds available storm drain and right-of-way capacities shall be
clearly identified. The ENGINEER's responsibility includes recommendations for
improvements of the existing system as deemed reasonable and consistent with
CITY standards.
2.3. Subsurface Utility Engineering
Provide Subsurface Utility Engineering (SUE) to Quality Level A and B, as described
below. The SUE shall be performed in accordance with Cl/ASCE 38-02.
Quality Level D
• Conduct appropriate investigations (e.g., owner records, County/CITY records,
personal interviews, visual inspections, etc.), to help identify utility owners that
may have facilities within the project limits or that may be affected by the project.
• Collect applicable records (e.g., utility owner base maps, "as built" or record
drawings, permit records, field notes, geographic information system data, oral
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 3 of 11
histories, etc.) on the existence and approximate location of existing involved
utilities.
Review records for: evidence or indication of additional available records;
duplicate or conflicting information; need for clarification.
Develop SUE plan sheets and transfer information on all involved utilities to
appropriate design plan sheets, electronic files, and/or other documents as
required. Exercise professional judgment to resolve conflicting information. For
information depicted, indicate: utility type and ownership; date of depiction;
quality level(s); end points of any utility data; line status (e.g., active, abandoned,
out of service); line size and condition; number of jointly buried cables; and
encasement.
Qualitv Level C(includes tasks as described for Qualitv Level D)
• Identify surface features, from project topographic data and from field
observations, that are surface appurtenances of subsurface utilities.
• Include survey and correlation of aerial or ground-mounted utility facilities in
Quality Level C tasks.
• Survey surface features of subsurface utility facilities or systems.
• The survey shall also include (in addition to subsurface utility features visible at
the ground surface): determination of invert elevations of any manholes and
vaults; sketches showing interior dimensions and line connections of such
manholes and vaults; any surface markings denoting subsurface utilities,
furnished by utility owners for design purposes.
• Exercise professional judgment to correlate data from different sources, and to
resolve conflicting information.
• Update (or prepare) plan sheets, electronic files, and/or other documents to
reflect the integration of Quality Level D and Quality Level C information.
• Recommend follow-up investigations (e.g., additional surveys, consultation with
utility owners, etc.) as may be needed to further resolve discrepancies.
• Provide Quality Level C to identify overhead utilities on the project and provide
the overhead utility information on the SUE plan sheets.
Level B(includes tasks as described for Qualitv Level C
• Select and apply appropriate surface geophysical method(s) to search for and
detect subsurface utilities within the project limits, and/or to trace a particular
utility line or system.
• Based on an interpretation of data, mark the indications of utilities on the ground
surface for subsequent survey. Utilize paint or other method acceptable for
marking of lines.
• Unless otherwise directed, mark centerline of single-conduit lines, and outside
edges of multi-conduit systems.
• Resolve differences between designated utilities and utility records and surveyed
appurtenances.
• Recommend additional measures to resolve differences if they still exist.
Recommendations may include additional or different surface geophysical
methods, exploratory excavation, or upgrade to Quality Level A data.
• As an alternative to the physical marking of lines, the ENGINEER may, with
CITY's approval, utilize other means of data collection, storage, retrieval, and
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 4 of 11
reduction, that enables the correlation of surface geophysical data to the projecYs
survey control.
Level A
• Expose and locate utilities at specific locations.
• Tie horizontal and vertical location of utility to survey control.
• Provide utility size and configuration.
• Provide paving thickness and type, where applicable.
• Provide general soil type and site conditions and such other pertinent information
as is reasonably ascertainable from each test hole site.
2.4. The Conceptual Design Package shall include the following:
• Cover sheet
• Drainage area map with supporting drainage computations in the CITY's
standard tabular format.
• Horizontal alignment (excluding profiles) of proposed storm water improvements,
including existing lot layout, , streets, street right-of-way, proposed easements,
and existing utilities gathered during the SUE within the project limits.
• Proposed phasing of water, sanitary sewer, street and drainage work
documented in both the project schedule and narrative form.
• Documentation of key design decisions (Project Decision Log).
• Estimates of probable construction cost.
ASSUMPTIONS
The Conceptual Design was completed in January 2025. It is assumed that SUE
may be performed. The budget is based upon identifying up to four (4) underground
franchise or public utilities. This scope does include having a survey crew survey the
SUE locations. An allocated budget was established for this limited scope.
• All storm water calculations and design shall conform to the current CITY iSWM
Criteria Manual for Site Development and Construction.
• Two (2) copies of the conceptual design package will be delivered. Drawings will
be half size (11" x 17").
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in Ebuilder
• All submitted documents will also be uploaded t the designated project folder in
Ebuilder
• ENGINEER shall not proceed with Preliminary Design activities without written
approval by the CITY of the Conceptual Design Package.
DELIVERABLES
A. Conceptual Design Package.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 5 of 11
TASK 3. PRELIMINARY DESIGN (60 PERCENT).
Preliminary plans shall be submitted to CITY per the approved Project Schedule.
ENGINEER will develop the preliminary design of the infrastructure as follows.
3.1. Development of Preliminary Design Drawings shall include the following:
• Cover Sheet
• Drainage area maps showing proposed improvements with drainage calculations
and hydraulic computations in accordance with the the current iSWM Criteria
Manual for Sife Development and Construcfion.
A Project Control Sheet, showing all Control Points, used or set while gathering
data. Generally on a scale of not less than 1:400. The following information shall
be indicated for each Control Point: Identified (existing City Monument #8901, PK
Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system,
and a referred bearing base. Z coordinate on City Datum only; descriptive location
(i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the
East end of radius at the Southeast corner of North Side Drive and North Main
Street).
• Overall project easement layout sheet(s).
• SUE plan drawings.
• Plan and profile drawings of proposed storm water improvements, including
existing lot layout with property ownership, streets, curb lines, driveways,
medians (if applicable), sidewalks, existing and proposed water and sanitary
sewer mains, existing utilities gathered during the SUE and existing utility
easements within the project limits.
• No less than two bench marks per plan/profile sheet.
• The ENGINEER will prepare standard and special detail sheets that are not
already included in the City's standard details. These may include connection
details between various parts of the project, tunneling details, boring and jacking
details, waterline relocations, details unique to the construction of the project,
trenchless details, and special service lateral reconnections.
• Prepare separate drawings for water mains including a overall water layout sheet
and plan and profile drawings.
• Overall project water layout sheets. The water layout sheet shall identify the
proposed water main improvement/ existing water mains in the vicinity and all
water appurtenances along with pressure plane boundaries, water tanks, pump
stations, valves, and fire hydrants.
• Plan and profile sheets which show the following: proposed water and
recommended pipe size, fire hydrants, water service lines and meter boxes, gate
valves, isolation valves, manholes, existing meter numbers and sizes that are to
be replaced, existing sample locations, existing fire line locations, existing utilities
and utility easements, and all pertinent information needed to construct the
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 6 of 11
project. Legal description (Lot Nos., Block Nos., and Addition Names) along with
property ownership shall be provided on the plan view.
The ENGINEER shall make provisions for reconnecting all identifiable water and/or
wastewater service lines which connect directly to any main being replaced,
including replacement of existing service lines within City right-of-way or utility
easement. When the existing alignment of a water lines are changed, provisions
will be made in the final plans and/or specifications by the ENGINEER to relocate
all service lines which are connected to the existing main and connect said service
lines to the relocated main.
• Station equations relating utilities to paving, when appropriate.
Proposed roadway profile grades and elevations along each curb line; elevations
at all P.V.I.'s; P.I's half stations; high and low points; vertical curve information; and
pertinent AASHTO calculations. Profiles for existing curbs (if any) and existing
ground at the left and right of right-of-way lines shall be shown. Existing found
property corners (e.g. Iron pins) along the existing right-of-way shall be shown on
the plans. Profiles for existing and proposed storm drain mains and laterals shall
be provided.
Preliminary roadway cross-sections will be developed, from the survey notes, at
intervals not-to-exceed 50 foot along the project length and will extend 10 foot past
the right of way line on both sides of the street. Additional cross-sections at
important features including driveways, P.I.'s of intersecting streets, (minimum
distance of 100 foot along cross-street at each P.I.) walks, retaining walls, etc., will
also be provided. Profiles of centerline of driveways will also be provided where
necessary. Scale will be 1" = 20' horizontal and 1" = 2' vertical. Excavation and
embankment volumes and end area computations shall also be provided.
3.2. Geotechnical Investigation/Pavement Design
The preparation of a geotechnical study is not part of this scope. The ENGINEER
will rely upon the geotechnical report provided by the CITY. The pavement
section will be provided by the CITY.
3.3 Constructability Review
• Prior to the 60 percent review meeting with the CITY, the ENGINEER shall
schedule and attend a project site visit with the CITY Project Manager and
Construction personnel to walk the project. The ENGINEER shall summarize the
CITY's comments from the field visit and submit this information to the CITY in
writing.
3.4 Public Meeting
• No public meetings will be included as part of this project.
3.5 Utility Clearance
• The ENGINEER will consult with the CITY's Transportation and Public Works
Department, Water Department, and other CITY departments, public utilities,
private utilities, and government agencies to determine the approximate location
of above and underground utilities, and other facilities (current and future) that
have an impact or influence on the project. ENGINEER will design CITY facilities
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 7 of 11
to avoid or minimize conflicts with existing utilities, and where known and
possible consider potential future utilities in designs.
• The ENGINEER shall upload individual DWF files for each plan sheet of the
approved preliminary plan set to the designated project folder in Ebuilder for
forwarding to all utility companies which have facilities within the limits of the
project. The DWF files should be created directly from the CAD files as opposed
to PDF files.
3.7 Traffic Control Plan
• Develop a traffic control plan utilizing standard traffic reroute configurations
posted as "Typicals" on the CITY's Ebuilder website. The typicals need not be
sealed individually, if included in the sealed contract documents.
• Develop supplemental traffic control drawings as needed for review and approval
by the Traffic Division of the Transportation and Public Works Department.
These drawings shall be sealed by a professional engineer registered in the
State of Texas.
ASSUMPTIONS
This project includes storm drainage design, panel replacement and paving
reconstruction at the Adventuress Court cul-de-sac. This project does not include
any design or connections to retaining wall and embankment determined by others.
The geotechnical report will be prepared by others.
• All storm water calculations and design shall conform to the current CITY iSWM
Criteria Manual for Site Developmenf and Construction.
• Traffic Control "Typicals" will be utilized to the extent possible. A narrative and/or
TxDOT lane closure sheets will be provided.
• 2 full size plans will be delivered for Utility Clearance.
• 2 full size plans will be delivered for Constructability Review.
• 2 half size drawings will be delivered for Preliminary Design.
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in Ebuilder.
• All submitted documents will also be uploaded to the designated project folder in
Ebuilder.
• ENGINEER shall not proceed with Final Design activities without written approval
by the CITY of the Preliminary Design plans.
DELIVERABLES
A. Preliminary Design drawings
B. Utility Clearance drawings
C. Documentation of key design decisions (Project Decision Log)
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 8 of 11
D. Estimates of probable construction cost
E. Traffic Control Plans, where applicable
TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS
(100 PERCENT).
• Final draft construction plans and specifications included iSWM Construction Plan shall
be submitted to CITY per the approved Project Schedule.
The ENGINEER shall submit a final design estimate of probable construction cost with
the final design plans submitted. This estimate shall use ONLY standard CITY bid items.
• Following a 90% construction plan review meeting with the CITY, the ENGINEER shall
submit Final Plans (100%) to the CITY per the approved Project Schedule. Each plan
sheet shall be stamped, dated, and signed by the ENGINEER registered in State of
Texas.
ASSUMPTIONS
• All storm water calculations and design shall conform to the current CITY iSWM Criteria
Manual for Site Development and Construction.
• 2 half size and 2 full size drawings and 4 specifications will be delivered for the 90%
design.
• A DWF file for the 90% Design will be created from design CAD drawings and will be
uploaded to the project folder in Ebuilder.
• 4 full size drawings and specifications will be delivered for the 100% design.
• A DWF file for the 100% Design will be created from design CAD drawings and will be
uploaded to the project folder in Ebuilder.
DELIVERABLES
A. 90% construction plans specifications.
B. 100% construction plans and specifications.
C. Documentation of key design decisions (Project Decision Log).
D. Detailed estimates of probable construction cost for the authorized construction project,
including summaries of bid items and quantities using the CITY's standard bid items and
format.
E. Original cover mylar for the signatures of authorized CITY officials-to be determined.
TASK 5. BID PHASE SERVICES
5.1 ENGINEER will provide a list of pay items and quantities for purposes of providing to
the CITY selected contractor. ENGINEER will prepare contract documents for the project. A
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 9 of 11
standard bidding procedure is not planned to occur for this project. The bidding documents
will be uploaded to Ebuilder.
TASK 6. CONSTRUCTION PHASE SERVICES
6.1 A limited construction phase services budget was allocated for this task to assist the
CITY during construction which may include shop drawing review, answering contractor's
questions (up to five RFIs), and field changes (up to three). The budget for this task is based
upon approximately 60-70 hours of effort.
TASK 7. ROW/EASEMENT SERVICES.
ENGINEER will support and perform activities related to ROW and easements as outlined
below, per scoping direction and guidance from the CITY's Project Manager.
7.1. Right-of-Way Research
• Will be performed by the CITY and provided to the ENGINEER
7.2 Right-of-Way/Easement Preparation and Submittal.
• The ENGINEER shall prepare documents to be used to obtain right-of-way and
permanent and/or temporary easements required to construct the improvements.
ASSUMPTIONS
The ENGINEER will prepare one drainage easement. Permission to access the site
will be the responsibility of the CITY. The CITY will provide the easement language.
Right-of-Way research includes review of property/right-of-way records based on
current internet based Tarrant Appraisal District (TAD) information available at
the start of the project and available on-ground property information (i.e. iron
rods, fences, stakes, etc.). It does not include effort for chain of title research,
parent track research, additional research for easements not included in the
TAD, right-of-way takings, easement vacations and abandonments, right-of-way
vacations, and street closures.
DELIVERABLES
A. Right-of-Way, easement exhibits and metes and bounds provided on CITY forms
B. Temporary Right of Entry Letters-To be provided by the CITY
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 10 of 11
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in the existinq Scope of Services — CITY and
ENGINEER agree that the following services are beyond the Scope of Services
described in the tasks above. However, ENGINEER can provide these services, if
needed, upon the CITY's written request. Any additional amounts paid to the
ENGINEER as a result of any material change to the Scope of the Project shall be
agreed upon in writing by both parties before the services are performed. These
additional services include the following:
• Negotiation of easements or property acquisition.
• Services related to development of the CITY's project financing and/or budget.
• Services related to disputes over pre-qualification, bid protests, bid rejection
and re-bidding of the contract for construction.
• Construction management and inspection services
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of
God.
• Services related to warranty claims, enforcement and inspection after final
completion.
• Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project
as requested by the CITY.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 11 of 11
Attachment B
Design Services for
6900 Adventuress Court Storm Drain Assessment
City Project No. 105999
Lump Sum and Time and Materials with Multiplier Project
L�
Compensation — Time and Materials
A.
L?
Compensation
The ENGINEER shall be compensated for Task 1-5 on a lump sum fee below.
Individual task amounts are informational only. The ENGINEER may reallocate
budgets as needed. All permitting, application, and similar project fees will be
paid directly by the Client, unless otherwise specified in the Scope.
Task 1 Design Management $ 19,700.00
Task 2 Concept Design (30%) $ 39,000.00
Task 3 Preliminary Design (60%) $ 15,000.00
Task 4 Final Design and Final Construction Documents $ 21,000.00
Task 5 Bid Phase Services $ 10,000.00
Total: $104,700.00
Lump sum fees will be invoiced monthly based upon the overall percentage of
services performed.
Time and Materials
Task 6 Construction Phase Services
Task 7 ROW/Easement Services
Total:
$ 15,000.00
$ 4,500.00
$ 19,500.00
The ENGINEER shall be compensated for Task 6 Construction Phase Services
and Task 7 ROE/ Easement Services on an hourly amount not-to-exceed
19 500 for personnel time, non-labor expenses, and subcontract expenses in
performing services enumerated in Attachment A as follows:
(1) Personnel Time. Personnel time shall be compensated based upon
hours worked directly in performing the PROJECT multiplied by Labor
Cateqory Rate for the ENGINEER's team member performing the work.
Labor Category Rate as presented in the rate schedule table below is the
rate for each category performing the work and includes all direct
salaries, overhead, and profit.
Labor Category Rate
$/hour
Senior Project Manager $292
Senior Professional $272
Project Manager $232
Professional $197
Analyst III $172
Analyst II $162
Analyst I $157
Administrative $110
Intern $90
Labor rates shall be increased by 5% on each annual anniversary of the
effective date of this Agreement.
(2) Non-Labor Expenses. Non-labor expenses shall be reimbursed as
Direct Expenses at invoice or internal office cost.
Direct Expenses (non-labor) include, but are not limited to, mileage, travel
and lodging expenses, mail, supplies, printing and reproduction services,
other direct expenses associated with delivery of the work; plus
applicable sales, use, value added, business transfer, gross receipts, or
other similar taxes.
(3) Subcontract Expenses. Subcontract expenses and outside services
shall be reimbursed at cost to ENGINEER plus a markup of ten percent
(10%).
(4) Budgets. ENGINEER will make reasonable efforts to complete the work
within the budget and will keep the City informed of progress toward that
end so that the budget or work effort can be adjusted if found necessary.
ENGINEER is not obligated to incur costs beyond the indicated budgets,
as may be adjusted, nor is the City obligated to pay ENGINEER beyond
these limits.
If ENGINEER projects, in the course of providing the necessary services,
that the PROJECT cost presented in Article 2 of this Agreement will be
exceeded, whether by change in scope of the project, increased costs or
other conditions, the ENGINEER shall immediately report such fact to the
City and, if so instructed by the City, shall suspend all work hereunder.
When any budget has been increased, ENGINEER's excess costs
expended prior to such increase will be allowable to the same extent as if
such costs had been incurred after the approved increase.
C. Lump Sum
The ENGINEER shall be compensated a total lump sum fee as summarized in
Exhibit B-1 of each Task Order. The total lump sum fee shall be considered full
compensation for the services described in Attachment A of the Task Order,
including all labor materials, supplies, and equipment necessary to deliver the
services.
D. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II. Method of Payment
A. Time and Materials
i. The ENGINEER shall be paid by the City based upon an invoice created on the
basis of statements prepared from the books and records of account of the
ENGINEER, based on the actual hours and costs expended by the ENGINEER
in performing the work.
ii. Each invoice shall be verified as to its accuracy and compliance with the terms
of this Agreement by an officer of the ENGINEER.
iii. ENGINEER shall prepare and submit invoices in the format and including
content as presented in Exhibit B-1.
iv. Payment of invoices will be subject to certification by the City that such work
has been performed.
B. Lump Sum
i. Partial payment shall be made to the ENGINEER monthly upon City's approval
of an invoice prepared and submitted by the ENGINEER 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.
ii. 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.
iii. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
iv. Each invoice shall be verified as to its accuracy and compliance with the terms
of this Agreement by an officer of the ENGINEER.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Transportation and Public Works Department monthly progress reports and
schedules in the format required by the City.
IV. Summary of Total Project Fees
To be included with each Task Order.
City MBE/SBE Goal = 0% Consultant Committed Goal = 0%
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for 6900 Adventuress Court
City Project No. 105999
There are no proposed changes to the Standard Agreement.
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19.2010
Page 1 of 1
FORTWORTH
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 6900 Adventuress Ct
Attachment D CPN: 105999
Revision Date: 07.20.2018
Page 1 of 1
ATTACHMENT "E"
LOCATION MAP
Design Services for 6900 Adventuress Court
City Project No. 105999
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City of Fort Worth, Texas
Attachment E
PMO Release Date: 05.19.2010
Page 1 of 1
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
vuriting.
Insured waives all rights against City and its agents, officers, directors
and employees for recovery of damages to the extent these damages
arecovered bythe commercial generalliabilityorcommercial 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 Requiremer�ts 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 e�ent 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 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 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. 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 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.
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 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.
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 Requiremerits Page 3 of 3
Rev. 5.04.21
105999 6900 Adventuress Ct Eng Services
Citywide
Final Audit Report
SD Improvements
2025-04-04
Created:
By:
Status:
Transaction ID:
2025-03-26
Sadie Ishmael (Sadie.lshmael@fortworthtexas.gov)
Signed
CBJCHBCAABAAwqyhQnAbEYPuWBdzkJmVKIv2TxRpEOHP
"105999 6900 Adventuress Ct Eng Services Citywide SD Improv
ements" History
�` Document created by Sadie Ishmael (Sadie.lshmael@fortworthtexas.gov)
2025-03-26 - 3:45:29 AM GMT- IP address: 204.10.90.100
�%� Document approved by Sadie Ishmael (Sadie.lshmael@fortworthtexas.gov)
Approval Date: 2025-03-26 - 3:52:03 AM GMT - Time Source: server- IP address: 204.10.90.100
Document emailed to Misty Christian (misty.christian@kimley-horn.com) for signature
2025-03-26 - 3:52:07 AM GMT
__i Email viewed by Misty Christian (misty.christian@kimley-horn.com)
2025-03-26 - 12:45:11 PM GMT- IP address: 166.198.250.54
�`,� Signer Misty Christian (misty.christian@kimley-horn.com) entered name at signing as Bradley J. Hill
2025-03-26 - 8:33:37 PM GMT- IP address: 130.41.174.195
:_ Document e-signed by Bradley J. Hill (misty.christian@kimley-horn.com)
Signature Date: 2025-03-26 - 8:33:39 PM GMT - Time Source: server- IP address: 130.41.174.195
Document emailed to Mike Bennett (Mike.Bennett@fortworthtexas.gov) for approval
2025-03-26 - 8:33:42 PM GMT
Email viewed by Mike Bennett (Mike.Bennett@fortworthtexas.gov)
2025-03-26 - 9:34:02 PM GMT- IP address: 76.209.19.102
�=,� Document approved by Mike Bennett (Mike.Bennett@fortworthtexas.gov)
Approval Date: 2025-03-27 - 2:25:45 PM GMT - Time Source: server- IP address: 204.10.90.100
` Document emailed to Thanaa Maksimos (Thanaa.Maksimos@fortworthtexas.gov) for approval
2025-03-27 - 2:25:48 PM GMT
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Approval Date: 2025-03-27 - 3:04:51 PM GMT - Time Source: server- IP address: 204.10.90.100
Document emailed to Lissette Acevedo (Lissette.Acevedo@fortworthtexas.gov) for approval
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Approval Date: 2025-04-01 - 7:09:13 PM GMT - Time Source: server- IP address: 208.184.124.181
Document emailed to Patricia Wadsack (patricia.wadsack@fortworthtexas.gov) for approval
2025-04-01 - 7:09:17 PM GMT
�=� Document approved by Patricia Wadsack (patricia.wadsack@fortworthtexas.gov)
Approval Date: 2025-04-03 - 8:10:41 PM GMT - Time Source: server- IP address: 204.10.90.100
Document emailed to Lauren Prieur (Lauren.Prieur@fortworthtexas.gov) for approval
2025-04-03 - 8:10:45 PM GMT
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Approval Date: 2025-04-03 - 11:07:36 PM GMT - Time Source: server- IP address: 76.227.105.128
Document emailed to tpw_sw_contracts@fortworthtexas.gov for approval
2025-04-03 - 11:07:39 PM GMT
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=� :� Signer tpw_sw_contracts@fortworthtexas.gov entered name at signing as Sadie Ishmael
2025-04-04 - 1:42:37 PM GMT- IP address: 204.10.90.100
�� Document approved by Sadie Ishmael (tpw_sw_contracts@fortworthtexas.gov)
Approval Date: 2025-04-04 - 1:42:39 PM GMT - Time Source: server- IP address: 204.10.90.100
'`' Agreement completed.
2025-04-04 - 1:42:39 PM GMT
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�'�RT ��RTH�;
Routing and Transmittal Slip
Transportation & Public Works Department
DOCUMENT TITLE: Standard Agreement for Engineering Related
Professional Service for Citywide Storm Drain
Improvements Project_CPN 105999
M&C: N/A CPN: 105999 CSO: N/A DOC#: 1
Date:
To: Name Department Initials Date Out
Misty Christian
1. Consultant BT Mar 26, 2025
misty.christian@kimley-horn.com B��
2. Mike Bennett TPW Project Mgr. ��� Mar 27, 2025
3. Thanaa Maksimos TPW Program Mgr. T�S� Mar 27, 2025
4. Lissette Acevedo TPW Sr. CPO � Apr 1, 2025
5. Patricia Wadsack TPW Asst. Dir. �(�� Apr 3, 2025
6. Lauren Prieur TPW Dir. � Apr 3, 2025
�a�,2� N,�=��,
7. Doug Black Legal , � Apr 4, 2025
8. Jesica McEachern ACM pr 14, 2025
�a �:,�Ea�hErn
9. Jannette Goodall CSO Apr 14, 2025
10. Allison Tidwell CSO Apr 16, 2025
11. TPW/ Contracts TPV�� Apr 4, 2025
u��,ulvir�lv i� rvtc �,i i Y lvi.viv.v��tc�a ai�lv.v i utc�: tiii aocumenis receivea irom any ana aii
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 talce 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 Repuired:
❑ As Requested
❑ For Your Information
� Signature/Routing and or Recording
❑ Comment
❑ File
❑ Attach Signature, Initial and Notary Tabs
Return to: tpw sw contracts(a�fortworthtexas.�ov Ca11817-229-3283 with questions. Thank you!
����r ����H
INTEROFFICE MEMO
Date: March 21, 2025
To: Jesica McEachern, Assistant City Manager
From: Lauren Prieur, P.E., TPW Director
Subject: SUPPLEMENT TO 06/18/2024 EMERGENCY MEMORANDUM - Ground Shifting
Issues at 6900 Adventuress Court
On June 14th, 2024, the Transportation Public Works (TPW) and Water Departments investigated the report
of ground shifting and water line break issues at the cul-de-sac at Adventuress Court. Staff found that the
sidewalk at the end of the street had settled by over a foot, and the stormdrain inlet had also settled and
separated from the roadway and its connecting pipe. In addition, it was discovered that the soil beneath the
roadway had a high moisture content. Staff received emergency authority in the amount of $500,000 to hire
a geotechnical engineer to perform an initial assessment of the situation (see attached memo dated June
18r�' 2024).
Rone Engineering was engaged with an initial contract amount of $150,000 (City Secretary Contract 61788)
to perform slope stability analysis, ascertain the cause of the reported issues, and make recommendations
for actions necessary to stabilize the slope pursuant to the emergency memorandum. Rone Engineering,
now a consulting expert, has prepared a near-final draft of the report. Rone's findings are that severe,
ongoing erosion, rather than deep soil instability, is responsible for the ground movement. Rone
Engineering's recommendation is to construct an anchored soldier pile retaining wall system and related
stormwater improvements to shore up the slope and minimize future erosion within and adjacent to
Adventuress Court.
Staff has consulted with Keller North America, Inc., to design and construct the recommended anchored
retaining wall system to reinforce the fill area surrounding the cul-de-sac and along the slope side of the
6900 Adventuress Court property line. Keller's scope of work will also include the installation of
components required for drainage that interact with the wall, backfill and grading, and some site restoration.
Given the urgency of stabilizing the slope and preventing further damage, this memorandum seeks
emergency procurement authority for this work. The estimated contract amount is $1,800,000.00.
During the investigation, it became clear that the drainage system at the Adventuress Court cul-de-sac was
being overwhelmed during typical rainfall events. Staff has engaged Kimley-Horn and Associates, Inc. to
provide design services for the storm drain system modifications needed. Additional inlets on Harrier Street,
east of the intersection at Adventuress Court, will be added to capture the street surface water currently
flowing down Adventuress Court. This stortnwater will be directed into the pipe system that outfalls at the
receiving stream approximately 40-feet below Adventuress Court. This system will tie into the storm drain
components being constructed by Keller North America. The improvements will include full road width
panel replacement of Adventuress Court and select concrete panel replacement on Harrier Street. These
improvements will better manage surface drainage and protect the new retaining wall from premature
failure. The estimated cost for the Kimley Horn design services is $130,000. This memorandum may be
amended as additional work, such as the construction of the drainage facilities, is identified.
Waiting to advertise, procure, and award contracts to perform this work is not in the best interest of the
health and safety of the citizens of the City of Fort Worth. City Code Section 2-9(d)(9) defines an
emergency procurement as a procurement made because of a public calamity that requires the immediate
appropriation of money to relieve the necessity of the city's residents or to preserve the property of the
municipality; a procurement necessary to preserve or protect the public health or safety of the city's
residents; or a procurement necessary because of unforeseen damage to public machinery, equipment or
other property. Section 252.022 of the Texas Local Government Code exempts from nonnal bidding
requirements expenditures that are necessary to preserve or protect the public health or safety of the
municipality's residents and procurements necessary because of unforeseen damage to public machinery,
equipment, or property.
Mayor and Council Actions (M&C's) will be circulated to ratify the above contracts after the work has
been performed.
APPROVED FOR EMERGENCY PROCUREMENT:
D�4..�«�. %�R:.�,►_
Recommended: ����en Pr�e�� �M�rz�, zozs �o:n cor�
Lauren Prieur, P.E., Director, TPW Department
' q�raet�'�
Approved as to form and Legality: o�„��a�B���k,M�rz�_zozs���44Mor,
Douglas W. Black, Sr. Assistant City Attorney
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Brandy Hazel, Interim Chief Procurement Officer, Purchasing
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Jesica McEachern, Assistant City Manager