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HomeMy WebLinkAboutContract 63311CSC No. 63311 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: East Berry Street Corridor From IH-35W to Miller Avenue Schematic Planning Project — Project No.104222. 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 $909,800.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Article IV Obligations of the Engineer City of Fort Worth, Texas [East Berry Street Corridor from IH-35W to Miller Avenue Schematic Planning Project] Standard Agreement for Engineering Related Design Services [CPN 1042221 Revised Date: 03-08-2024 Page 2 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Designation of Engineer's Personnel (1) The ENGINEER and CITY shall agree upon the designation of the ENGINEER's "Project Manager" prior to starting work on contract. (2) ENGINEER shall inform CITY in writing of a proposed change to their designated project manager prior to making the change or immediately upon receiving notification that the designated project manager is separating employment with the ENGINEER. (3) ENGINEER shall provide resumes to the CITY of the proposed replacement project manager(s), who shall have similar qualifications and experience as the outgoing person, for review and approval. D. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (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 City of Fort Worth, Texas [East Berry Street Corridor from IH-35W to Miller Avenue Schematic Planning Project] Standard Agreement for Engineering Related Design Services [CPN 104222] Revised Date: 03-08-2024 Page 3 of 15 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 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. City of Fort Worth, Texas [East Berry Street Corridor from IH-35W to Miller Avenue Schematic Planning Project] Standard Agreement for Engineering Related Design Services [CPN 104222] Revised Date: 03-08-2024 Page 4 of 15 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. I. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. J. Business Equity Participation City of Fort Worth, Texas [East Berry Street Corridor from IH-35W to Miller Avenue Schematic Planning Project] Standard Agreement for Engineering Related Design Services [CPN 104222] Revised Date: 03-08-2024 Page 5 of 15 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 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. City of Fort Worth, Texas [East Berry Street Corridor from IH-35W to Miller Avenue Schematic Planning Project] Standard Agreement for Engineering Related Design Services [CPN 104222] Revised Date: 03-08-2024 Page 6 of 15 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, 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 City of Fort Worth, Texas [East Berry Street Corridor from IH-35W to Miller Avenue Schematic Planning Project] Standard Agreement for Engineering Related Design Services [CPN 104222] Revised Date: 03-08-2024 Page 7 of 15 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. 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. City of Fort Worth, Texas [East Berry Street Corridor from IH-35W to Miller Avenue Schematic Planning Project] Standard Agreement for Engineering Related Design Services [CPN 104222] Revised Date: 03-08-2024 Page 8 of 15 (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. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost City of Fort Worth, Texas [East Berry Street Corridor from IH-35W to Miller Avenue Schematic Planning Project] Standard Agreement for Engineering Related Design Services [CPN 104222] Revised Date: 03-08-2024 Page 9 of 15 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. 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 City of Fort Worth, Texas [East Berry Street Corridor from IH-35W to Miller Avenue Schematic Planning Project] Standard Agreement for Engineering Related Design Services [CPN 104222] Revised Date: 03-08-2024 Page 10 of 15 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, 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. City of Fort Worth, Texas [East Berry Street Corridor from IH-35W to Miller Avenue Schematic Planning Project] Standard Agreement for Engineering Related Design Services [CPN 104222] Revised Date: 03-08-2024 Page 11 of 15 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 claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD City of Fort Worth, Texas [East Berry Street Corridor from IH-35W to Miller Avenue Schematic Planning Project] Standard Agreement for Engineering Related Design Services [CPN 104222] Revised Date: 03-08-2024 Page 12 of 15 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" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies ENGINEER acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the CITY is prohibited from entering City of Fort Worth, Texas [East Berry Street Corridor from IH-35W to Miller Avenue Schematic Planning Project] Standard Agreement for Engineering Related Design Services [CPN 104222] Revised Date: 03-08-2024 Page 13 of 15 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 firearm trade association during the term of this Agreement. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH Jesica McEachern Assistant City Manager Date: 05/21/25 ATTEST: BY: ENGINEER Kimley-Horn and Associates, Inc. Scott Arnold Vice President Date: 05/13/25 City of Fort Worth, Texas [East Berry Street Corridor from IH-35W to Miller Avenue Schematic Planning Project] Standard Agreement for Engineering Related Design Services [CPN 104222] Revised Date: 03-08-2024 Page 14 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 4"n �o � ad a A aaan nnoag�pa Jannette Goodall City Secretary APPROVED AS TO FORM AND LEGALITY Douglas W Black Sr. Assistant City Attorney M&C No. M&C Date: 25-0383 4/22/2025 City of Fort Worth, Texas [East Bar y Street Corrido from IH-35W to Mille Avenue Schematic Planning Project] Standard Agreement for Engineering Related Design Services [CPN 104222] Revised Date: 03-08-2024 Page 15 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Kimley»>Horn January 8, 2024 Armond Bryant, AICP Transportation and Public Works City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Re: Amendment #1 — E. Berry Street Corridor Design & Planning Study City Project No. 104214 City Secretary Contract No. 58642 Dear Armond: Kimley-Horn and Associates, Inc. ("Consultant") is pleased to submit Amendment #1 in the amount of $909,800.00 to the City of Fort Worth (City) for the E. Berry Street Corridor Design & Planning Study. This amendment is to cover additional services to implement the planning study to a schematic planning layout to determine the total project costs. The schematic planning task is beyond the original scope and entails the following scope: • Schematic Planning of the corridor • Data Collection and traffic analysis • Value engineering • Topographic Survey • Geotechnical Investigation • Stakeholder Coordination The detailed Scope of Services is included as Attachment A. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. / V&� By: Jeff Whitacre, P.E., AICP, PTP Project Manager FORT WORTH. ATTACHMENT "A" East Berry Corridor Schematic Planning The scope set forth herein defines the work to be performed by the CONSULTANT in completina the voiect. Both the CITY and CONSULTANT have attempted to clearlv define the work to be performed and address the needs of the Proiect. OBJECTIVE E. Berry Street is a regional minor arterial that runs from west to east, starting with the intersection at Bellaire Drive and terminating just short of Lake Arlington. This project will continue the planning study efforts performed as part of project CPN 104214 into conceptual design. The limits of conceptual design will be from 1-35W to Miller. WORK TO BE PERFORMED Task 1. Design Management Task 2. Schematic Planning (15%) Task 3. Oro k44inani noc+gn (60%) Task 4 c;„al Design (90% and 400%) ��vc��rcco� Bid Phase Ce„ Ge-s Task 5 -n -Task rC Test 7 veHrst uGcie„ Phase ve�vrcean i:7OWlCasement SerViees cr�crrrcnTvc-r-crcc� Survey and c„hs„rfa% Utility Engineerl„e Ser,iinec Task 8. Task 9. Task 10. Permitting Quality Control/ Quality Assurance Task 11. Additional Services 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. 1.1. Managing the Team: • Lead, manage and direct design team activities • Ensure Quality Control / Quality Assurance (QC/QA) is practiced in performance of the work. Refer to Task 10 for further details. • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting: • Meetings • Monthly Meetings: Conduct and document up to twelve (12) project update meetings held monthly with CITY Project Manager. The first meeting will be a City of Fort Worth, Texas Attachment A East Berry Street — Schematic Planning CPN 104222 Revision Date: 05.23.2024 Page 1 of 11 FORT WORTH® pre -design project kickoff meeting with the CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements. • Design Submittal Review Meetings: Conduct and document one (1) design review meetings. • Transportation Management Coordination Meetings: Conduct and document up to two (2) meetings with the Transportation Management. • Trinity Metro Coordination Meetings: Conduct and document up to two (2) meetings with Trinity Metro. • No public meetings will be held as part of this project. Any additional meetings will be considered Additional Services. • Monthly Reporting Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. Multi - month billing is not allowed. Months in which no work is being invoiced shall require submission of a $0.00 invoice. Prepare and submit monthly Project Status Reports in the format provided by the Transportation and Public Works 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 in compliance with the City's Specification 00 31 15 entitled CONSULTANT Project Schedule. This PROJECT requires a Tier 3 schedule as defined in the City's Specification 00 31 15 entitled CONSULTANT Project Schedule. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. • General Coordination • 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 respeGt to Geordination with permitting a utheritiec eGONSUL T. \NT shcq rnmmuniGate with permitting a itherities S 3h that their regulatory requirements are a ppr„nriately refleEted in the design?GOnUJLTANT ohcli w erk with reg latery a utherities to obtain apnreyal of the designs, and make nhaRgec ReGessary to moot their req uireMMto, ao part of the design SGepe • Personnel and Vehicle Identification: When conducting site visits to the project location, the CONSULTANT or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. City of Fort Worth, Texas Attachment A East Berry Street — Schematic Planning CPN 104222 Revision Date: 05.23.2024 Page 2 of 11 FORT WORTH® ASSUMPTIONS • Schematic planning phase is anticipated to take twelve (12) months. • One (1) pre -design project kickoff/chartering meeting. • Twelve (12) monthly project update meetings during planning phase. • All coordination meetings will be conducted as scoped. • All submittals to the CITY shall be Quality checked prior to submission. • Twelve (12) monthly updates of Project Status Reports, DVIN forms, and project Schedule. DELIVERABLES A. Meeting summaries with action items B. QC/QA documentation C. Baseline design schedule D. Monthly Schedule updates with schedule narrative describing any current or anticipated schedule changes E. Monthly Project Status Reports F. Monthly invoices G. Monthly DVIN Report Form and Final Summary Payment Report Form TASK 2. SCHEMATIC PLANNING (15%) The Schematic Planning Layout be submitted to CITY per the approved Project Schedule. 2.1. Data Collection • Traffic Count Data: Microsoft Excel spreadsheet of Raw 24-hour and Turning Movement Count data gathered at 15-minute intervals at a minimum on all raw data collected. Provide Daily Summaries by Approach and Peak -Period Summaries by Approach. Spreadsheet shall be uploaded to the CITY's document management system (eBuilder) folder 'TPW Traffic Count Data'. In addition to data obtained from the CITY, CONSULTANT 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. CONSULTANT will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. • The CONSULTANT will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private 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. City of Fort Worth, Texas Attachment A East Berry Street — Schematic Planning CPN 104222 Revision Date: 05.23.2024 Page 3 of 11 FORT WORTH. • Perform survey as part of Task 8. 2.2 E. Berry Street Corridor and Cobb Park Drive Intersection Evaluation • Traffic Count Data: See Data Collection, Section 2.1. • Volume Development o Traffic volumes to be established along the corridor and at intersections based on: ■ Existing year AM and PM peak hours ■ Design year AM and PM peak hours ➢ Based on a mutually agreed upon growth rate and design year horizon. • Proposed Traffic Operations o The CONSULTANT will conduct a Synchro analysis of the E. Berry Street corridor and the Cobb Park intersection using the traffic count data obtained, surrounding land use, and Synchro. The CONSULTANT will provide an exhibit for each scenario to be evaluated. The scenarios to be evaluated consist of: ■ Roadway corridor lane configurations and turn lane storage lengths ■ E. Berry Street and Cobb Park Drive Intersection ➢ Roundabout ➢ Traffic Signal • Safety Analysis o The CONSULTANT will perform a safety analysis of the corridor and Cobb Park intersection and will utilize the results as part of the recommendation for lane configurations and the Cobb Park intersection improvement. • Technical Memo o The CONSULTANT will provide a memo documenting the scenarios evaluated and recommended intersection layout based on the information developed as part of Task 2.3. 2.3 The Schematic Planning Layout Package will consist of the following: Schematic Planning Roadway Layout o Incorporate CITY and public comments from the planning project. o Typical Sections (4 roadway segments): ■ Existing typical sections of the roadway to be constructed along with proposed typical sections which outline the proposed improvements. Typical sections will consist of the existing and proposed ROW, existing City of Fort Worth, Texas Attachment A East Berry Street — Schematic Planning CPN 104222 Revision Date: 05.23.2024 Page 4 of 11 FORT WORTH. and proposed lane widths and direction arrows, existing and proposed curbs, sidewalks, and retaining walls. ■ Proposed corridor typical sections will be based on the cross -sections developed as part of the planning project. Alternative cross -sections may be considered as part of value engineering or where con structability/feasibility constraints require an alternative. o Proposed Roadway Improvements: ■ Update the horizontal geometry for the roadway and roundabout based upon construction feasibility and topographic and boundary survey information. Design intersection control layout for all intersections, sidewalks, streetlights, and driveways. ■ Design a vertical roadway profile of the proposed outside top of curb left and right. o The CONSULTANT will conceptually layout a fiber optic communication line to be owned and maintained by the CITY for high-speed internet. This fiber optic line will be shown on the rollplot, plan layout only. o Layout street light pole locations. The street light locations will be shown on the roll plot. o Layout pavement markings. The pavement markings will be shown on the roll plot. o Schematic Planning Roadway Roll -Plot ■ Schematic plan rollplot(s) at a maximum 1" = 40' scale showing existing and proposed horizontal roadway alignments, proposed curb and median, existing and proposed ROW, existing and proposed sidewalks and driveways, proposed lane dimensions and lane arrows, existing drainage structures, city owned and franchise utilities. ■ The CONSULTANT will update the rendering exhibit prepared as part of the previous planning project. • Identify potential City water and sanitary sewer line conflicts with the proposed design. Document potential conflicts in the conceptual design report memo. • Transit Facilities o Identify existing stop locations and identify stops to be relocated. o Design bus stop locations and B-cycle stations. o Evaluate the existing Sierra Vista Transfer Station and its functionality with the proposed roadway improvements. o Design any necessary updates to the Sierra Vista Transfer Station based on the changes to the roadway. o Prepare details for the Trinity Metro bus stops and B-Cycle Stations. City of Fort Worth, Texas Attachment A East Berry Street — Schematic Planning CPN 104222 Revision Date: 05.23.2024 Page 5 of 11 FORT WORTH. Driveway Closure Exhibit: The CONSULTANT will prepare a driveway closure exhibit indicating which driveways are proposed to be permanently closed. Each driveway will be numbered. ■ Value Engineering and Evaluation of Alternative Materials o Value Engineering ■ Identify and present up to six (6) options for value engineering which may include: ➢ Reduced construction limits or recommended construction phasing. ➢ Modifications to cross -sections proposed as part of the previous planning project. ➢ Identify areas of full reconstruction, partial reconstruction with pavement repair, widening, and mill and overlay. ➢ Prepare findings in a memo with an opinion of probable construction cost (OPCC). o Alternative Materials ■ Identify and present up to four (4) alternative material options for the following factors: ➢ Reducing heat island effect with cooling pavement ➢ Aesthetics, area branding, and corridor consistency ➢ Safety ➢ Prepare findings in a memo with OPCC • The CONSULTANT will prepare an OPCC to be submitted with the Conceptual Design Submittal. The CONSULTANT has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known at this time and represent only the CONSULTANT's judgement 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. 2.4 Design Documentation and other Schematic Planning Activities Engineenng designReper+• Te ens ,re adh erenno +e pre,eet Seepe, that design appFeaoh io in line with preiee+ ehiee+niec and +e eh+ain Gene, ,rrenee en deyelepmen+ of the Gene vp�ua; lcyeut, NT ohall pr9pam snd oubmit a ledge roper+ in the format provided by the -CITY prier +e .deyelepine eeneep Plano. The -CITY ohall r9yiew and preyi de feedba Gli en the repay+ prier+e GOWSUL TANT otartin^ +hg- he-GGPc-optL,\3l des+g m ■ Conceptual Design Report (Arterials) in the format provided by the CITY City of Fort Worth, Texas Attachment A East Berry Street — Schematic Planning CPN 104222 Revision Date: 05.23.2024 Page 6 of 11 FORT WORTH. • Project Decision Log o Documentation will consist of: ■ reasoning for final decisions, ■ who the decision makers were that provided final decisions, ■ dates of meetings where decisions were made, and ■ correspondence documenting decisions made. • Prepare alternative materials memo • Prepare value engineering memo • Up to two (2) project site visits • Address one (1) round of comments ASSUMPTIONS • PDF files created from design CAD drawings will be uploaded to the designated project folder in the City's document management system (eBuilder). DELIVERABLES A. Traffic Count Data B. Existing Utility Layout Exhibit and a Utility Conflicts Table C. E. Berry Street Corridor and Cobb Park Drive Intersection Evaluation Technical Memorandum D. Schematic Planning Design Package E. Driveway Closure Exhibit F. Value Engineering Memo G. Alternative Materials Memo H. Project Decision Log Yr.0 . ■ =6MICUlffe i IAVAIMBNWIMAMI■Tel\Cii_]1Tiigril\■1111P 1Ti13�1t� City of Fort Worth, Texas East Berry Street — Schematic Planning Attachment A CPN 104222 Revision Date: 05.23.2024 Page 7 of 11 FORT WORTH® TASK 8. SURVEY AND SUBSUPSAC-E UTILITY ENGINEERING SERVICES. CONSULTANT will provide survey support as follows. 8.1. Design Survey CONSULTANT will perform field surveys to collect horizontal and vertical elevations and other information needed by CONSULTANT in design and preparation of plans for the project. Information gathered during the survey will consist of topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • 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 proiect and tied to available on -ground property information (i.e. iron rods, fences. stakes, etc.). • The minimum survey information to be provided on the plans consists of the following: — A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally, on a scale of not less than 1:400: — The following information about each Control Point; a. Identified (Existing. CITY Monument#8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). — Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. — No less than two horizontal benchmarks, per line or location. — Bearings given on all proposed centerlines, or baselines. — Station equations relating utilities to paving, when appropriate. 8.2. Temporary Right of Entry Preparation and Submittal • The documentation shall be provided in conformance with the checklists and templates available on the City's document management system resources folder. City of Fort Worth, Texas Attachment A East Berry Street — Schematic Planning CPN 104222 Revision Date: 05.23.2024 Page 8 of 11 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 customary 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. 10.2. QC/QA of Design Documentation • Conduct QC/QA reviews and document those activities. • 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. CONSULTANT is to acknowledge that each item on the Detailed Checklist has been included by checking "done" on the checklist. If a particular checklist item is not applicable, this should be indicated by checking "N/A". If an entire checklist is not applicable, this should be indicated by checking every item on the list as "N/A" and still included with the submittal. The CONSULTANT shall use the Detailed Checklist provided by CITY. 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. • The documentation of a QC/QA review includes (1) a copy of the color -coded, original marked -up document (or "check print") developed during the QA checking process and/or review forms which sequentially list documents and associated comments; and (2) a summary list of the findings of the QC effort. • Evidence of the QC/QA review will be required to accompany all submittals. Documentation shall include, but is not limited to, the following items: City of Fort Worth, Texas Attachment A East Berry Street — Schematic Planning CPN 104222 Revision Date: 05.23.2024 Page 9 of 11 FORT WORTH® - PDF of the completed Detailed Checklists If any of the above 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 • All submittals to the CITY will be Quality checked prior to submission. • A PDF of the 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 b. Summary of the QC effort findings TASK 11. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES — UPON AUTHORIZATION This task shall be used for additional services not included in the existing Scope of Services. This task will be invoiced hourly for an amount not to exceed the amount listed Attachment B. The CONSULTANT will not perform any services using this task unless authorized by the CITY. This task is optional and is at the discretion of the CITY to use the Task or not. The following tasks will be performed upon authorization. 11.1. Grant Application Support Services • The CONSULTANT will support the CITY with federal grant applications. Up to one hundred twenty (120) hours are budgeted for this task. The following tasks are anticipated: o Prepare exhibits o Prepare OPCC's o Grant application forms and paperwork o Address comments from CITY City of Fort Worth, Texas Attachment A East Berry Street — Schematic Planning CPN 104222 Revision Date: 05.23.2024 Page 10 of 11 FORT WORTH® 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. • Any task associated with Eminent Domain. • Any services regarding temporary or permanent easement or right-of-way not included as part of the base contract. • Any design services beyond what is indicated in this design contract. • Services related to disputes over pre -qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Administration of the construction contract. • 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 East Berry Street — Schematic Planning CPN 104222 Revision Date: 05.23.2024 Page 11 of 11 ATTACHMENT B COMPENSATION Professional Services for E. Berry Street Corridor Design & Planning Study City Project No. 104222 Not to Exceed Sum Project Compensation A. The CONSULTANT shall be compensated an amount not to exceed $909,800.00 as summarized in Exhibit B-1 — Consultant Invoice and Section IV — Summary of Total Project Fees. The project budget shall be used for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The CONSULTANT 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 CONSULTANT monthly upon City's approval of an invoice prepared and submitted by the CONSULTANT 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 CONSULTANT. E. Each invoice should withhold five percent (5%) of the charged amount for retainage. Retainage will be released in full with satisfactory completion of each project task as identified in the scope (Exhibit A). III. Progress Reports A. The CONSULTANT 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 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Fee Amount % Responsibility Kimley-Horn and Associates, Inc $756,840.00 83.2 Proposed MWBE Sub -Consultants Gorrondona & Associates, Inc. Design Survey $147,960.00 16.3 Non-MWBE Consultants Gram Traffic North Texas, Inc. Traffic Counts $5,000.00 0.5 TOTAL $909,800.00 100% Project Number & Name Total Fee MWBE Fee MWBE % CPN 104222 E. Berry Street Corridor $909,800.00 $147,960.00 16.3% Design & Planning Study City MWBE Goal = 10% City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 2 of 3 Consultant Committed Goal = 16.3 % I:ty EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 3 of 3 B-3 Professional Services Invoice Project Manager: IArmondBryant Project: I East Berry Corridor Design and Planning Study City Project #: 1104222 1 City Sec Number: Company Name: 1 Kimley-Horn and Associates, Inc. Supplier's PM: Jeff Whitacre Supplier Invoice #: Payment Request #: Service Date:From Service Date:To Invoice Date: Supplier Instructions: Summary Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: jeff.whilacre@kimley-horn.com Office Address 801 Cherry Street Unit 11Suite 1300Fort Worth, Texas 76102 Telephone: 817-335-6511 Fax: 817-335-5070 Remit Address: PO Box 951640Dallas, TX 75395-1640 Sheet FID and Work Type Description Work Type 1 Corridor Plan Work Type 2 Amendment 1 Work Type 3 Work Type 4 Work Type 5 Work Type 6 Totals This Invoice Agreement LTD Agreement Amendment Amount to Completed Amount Amount Date Amount $700,000.00 $909,800.00 $1.609.800.00 Overall Percentage Spent: Percent ($) Invoiced Current Remaining Spent Previously Invoice Balance $904,800.00 $904,800.00 Professional Services Invoice Project Manager: Armond Bryant Project: East Berry Corridor Design and Planning Study City Project M 104222 Work Type Desc: lAmendment 1 Supplier Instructions: FID: City Sec Number: Fill in green cells including Percent Complete and Invoiced Previously Quanities Purchase Order: When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folderwithin Project's folder. Company Name: Kimley-Horn and Associates, Inc. Supplier's PM: Jeff Whitacre Supplier Invoice M Payment Request M Service Date:From Service Date:To Invoice Date: Pay Items 31 - Conceptual Desiqn 51 - Preliminary Survey 31 - Conceptual Desiqn Description email: jeff.whitacre@kimley-horn.com Office Address: 801 Cherry Street Unit 11 Suite 1300Fort Worth, Texas 76102 Telephone: 817-33 5-6511 Fax: 817-335-5070 Remit Address: PO Box 951640Dallas, TX 75395-1640 Schematic Plan Survey Tasks Upon Authorization Totals This Unit: Agreement Amendment Amendment Amount Number Amount $711,744.00 $152,960.00 $45,096.00 $909,800.00 Agreement LTD Amount to Complete Date Amount $711,744.00 $152,960.00 $45,096.00 $909,800.00 Overall Percentage Spent: Percent ($) Invoiced Spent Previously Current Remaining Invoice Balance $711,744.00 $152,960.00 $45,096.00 $909,800.00 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for East Berry Street Corridor From IH-35W to Miller Avenue Schematic Planning Project City Project No. 104222 NO CHANGES City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of 1 ATTACHMENT D PROJECT SCHEDULE Task 1. Design Management Ongoing Month 1-12 Task 2. Schematic Planning Month 1-12 Task 8. Survey Month 1-4 Task 10. QC/QA Ongoing Month 1-12 Task 11 Upon Authorization TBD Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for East Berry Street - Schematic Planning - Amendment 1 1-35 Northbound Frontage Road to Miller Avenue (18,800 LF) City Project No 104222 Expense Task No. Task Description Senior Senior Project Project Total Labor Cost Total Expense Cost Task Sub Total Project Project Manager Engineer Analyst 111 Analyst II Analyst) Admin Subconsultant Travel Reproduction Manager Engineer 11.0 Design Management 36 54 14 113 0 11 24 48 $ 86,344.00 1 $ $ 1 1.1 Managing the Team (12 months) 24 24 24 24 $ 24,984.00 1 2 Commumcatipns and Reporting Meetirjy�ss Pre -De Kickoff Meeti�y 2 4 2 4 2 $ 3,406.00 1 Kickoff Meehnp -!� enda & Summary, Prep 2 4 8 8 $ 5,36800 1 1 Bi-weekly City Projen Meetings (12 months) (12 Meetings) 8 6 12 12 $ 9,572.00 1 Bi-weekly Meetir( -Agenda & Summary 12 12 $ 5,43600 1 Other Group Cooation Meetigysf3) 3 6 6 $ 3,570001 Other Group Meetings - Agenda Summary 2 2 3 $ 1,683.00 1 Design Submittal Review Meetings J7 3 3 3 $ 2,211 00 1 Design Review Meetings -Agenda Summary 2 2 2 $ 1,474.00 Transportation Management Coordination Meetings 2) 2 2 $ 1,056.00 1 Tr J�$po(taQO epent Meetings -AgenrdTa Summary 2 2 $ 1,056001 Try FAefro Coortl. Meekin9s (2) 4 4 $ 1,812.00 Trini(y Metro Meetings -Agenda & Summary 4 4 $ 1,81200 1 L Monthly (i�yy0' , r Prepare6a a me Schedule 2 4 4 $ 2,380.00 t Schedule Markr Updates (12) 4 6 $ 2,23000 1 1 Prepare Monthly Progress Reports with Schedule (12) 12 9 12 $ 5,409.00 1 Prepare Monihl1 DVIN Reports ((12 12 $ 1,380.00 1 Prepare Invoice Summary Rep 112) 9 12 $ 3,261.00 1 Invoicing (12) 12 24 12 $ 8,244.00 2.0 'Schematic Planning 12 119 361 753 0 1258 450 40 $ 573,907.00 $ $ 5,000.00 2.1 Data Collection Traffic Count Data Collection 4 12 $ 3,00400 $ 5.00000 2.2 E. Ben ((St Corridor and Cobb Park Intersection Evaluation 1 VolumeUevelopmenl 4 10 $ 2,666.001 Pr9fosed Traffic Operations 1 8 80 $ 15,756 00 1 S. ety Analysis 4 8 20 $ 6,468.001 Technical Memo 8 8 30 $ 9,294.00 1 2.3 Schematic Planmgy Package Schematic Roadway Planning - I Drawing Base File (survey, record drawings) 4 8 40 100 100 $ 44,748 00 1 Typ 1 Section Devel ment - Existing & Proposed, 4 Segments 10 40 60 $ 20,940.00 Horizontal Plan y dates 2 4 40 120 300 100 $ 103,684 00 1 15% Roadway vertical Profile 2 20 50 150 150 $ 75,188.001 Roundabout Horizontal Plan � �ates 2 20 40 20 $ 17,188.00 1 Rollplot Exhibit (Roadway Plan (4 Rollplots) 4 20 40 20 $ 15,196.00 1 1 Street Lighting 10 4 10 30 $ 10,976.00 1 Pavement Markin 6 20 20 50 $ 17,464 00 1 Fiber Optic Line ayyoul- Conceptual 10 4 10 40 $ 12,666.00 1 Transit Facilirjv Layyyyrt - Stations, B-Cycle 10 15 30 20 20 $ 19,430.00 1 Sierra VistaI"ranter Facility Design 20 20 20 20 $ 15,720.00 1 Driveway Closure Drivaway ClosureRollplot 40 40 100 40 $ 41,58000 Value Engmeenrlpp -- DevelopvalueE� n ering All fees 4 8 20 8 $ 10,040.00 Prepare Exhibits fior Alternatives 8 15 40 60 $ 21,687001 1 Summary Memo of Alternatives 6 12 $ 3,972.00 1 Prepare Value Erre n ering OPCCs 2 6 10 $ 3,850.00 1 I_ Altemative Materiae 1 Develop Alternative Material Options 4 4 10 8 10 $ 8,154.00 1 Summary�Memo of Altemative Materials Evaluated 2 6 10 $ 4,122001 1 Prepare UPCCs for Alternative Materials 2 8 10 $ 3,850.00 1 OPCC 2 8 20 40 20 $ 16,740.00 1 2.4 rverall� Rg�orts, es) ocumentation, and other Conceptual Activities ➢onceptua '! D gn Report 4 10 40 20 $ 14,236.00 Decision Lq9 4 4 8 $ 3,784001 Pro 't Site Visit (2) 8 8 16 i6 $ 10,272.00 1 1 Ad ress (1) Roun f Comments 8 20 40 60 20 $ 28,932.00 1 City of Fort Worth, Texas Attachment B - Level of Effort 1 of 2 E 1 $ 1 $ 2,666.00 1 $ $ 15,75600 1 $ $ 6,468.00 1 $ 1 $ 9,294.00 $ 20000 $ 200.00 1 $ 41,78000 I $ $ 10,040.00 $ $ 21,68700 1 $ $ 3,972.00 1 $ 1 $ 3,850.00 I $ $ 8,154.00 $ $ 4,12200 1 $ $ 3,850.00 $ $ 16,740.00 I 1 $ $ 14,236.00 1 $ $ 3,78400 1 $ 500.00 $ 10,772.00 1 $ $ 28,932.00 E. Berry Street Preliminary Task No. Submittal IR n Su - Task Description Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for East Berry Street - Schematic Planning - Amendment 1 1-35 Northbound Frontage Road to Miller Avenue (18,800 LF) City Project No 104222 I I Expense Senior Senior Project Project Total Labor Cost Total Expense Cost Task Sub Total Project Project Manager Engineer Analyst III Analyst II Analyst I Atlmin Sub consultant Travel Reproduction Manager Engineer 10 20 20 20 $ 12,30000 $ 1,00000 $ 1,00000 $ 13,3000C A ] 1 1n A ]A A dA 1 t I RA] AA I t 1d] GAn AA A t A t 1d7 qRA AA A 15R Rd] AA 8.1 Design Survey (Topo 8 Boundary)- 18,800 LF 2 1 8 2 20 40 $ 5,620.00 $ 5,26200 $ 147,960.00 $ 147,960.00 $ 153,580.00 82 Tempom Ri ht of Ent Pre amtton and Submittal $ $ 5,26200 10.0 QC)QA 30 0 15 0 0 0 0 $ 23,615.00 $ $ $ $ $ $ 23,615.00 10.1 QC/GA of Survey 30 !J0 15 $ 5,975.00 $ 17,640001 $ $ 5,975.00 102 QC/CA of Desi nDocumentation $ $ 17,64000 I I 0 Additional services (Upon authorization) 111 Grant Allication Assistance 1 11.2 Additional Services Project SummaV Totals Total Hours 3,540 Total tabor $ 694.748.00 Total Expense $ 154.66000 MBE/SBE Subconsultant $ 147.960.00 Non-MBE/SBE Subconsultant $ 5.000.00 10% Sub Markup $ 15.296.00 BE/SBE Participation 16.3q Base Scope Total Cost $ 864,704.00 Additional Services Cosf $ 45,096.00 1 $ 909,800.00 City of Fort Worth, Texas Attachment B - Level of Effort 2 of 2 E. Berry Street Preliminary Mayor & Council Map I E Berry Street FORT WORTH® IH-35 to Miller Avenue ATTACHMENT "E" CD #8,11 ■ _ _ _� I I II FI 1__I- 11 -Jeanette I- --i -- -- Martinez 11 W a W W Lu = W J J C� 0 O m y � r � � o w o w jw� Lu 0 4 w �li�li I: Data Source: CFW GIS, Near Map I Map generated February 2025 0 1,000 2,000 3,000 TPW Business Support Services Copyright © 2025 City of Fort Worth. Unauthorized reproduction is a violation of US Feet applicable laws. This data is to be use for graphical representation only. The accuracy is not to be taken/used as data produced for engineering purposes or by a registered professional land surveyor. The City of Fort Worth assumes no responsibility for the accuracy of said data. EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered bythe commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non -owned autos is acceptable. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims -made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self -funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self -insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first -dollar basis. City, at its sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims - made basis, shall contain a retroactive date coincident with or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 POLICY NUMBER: GL5268169 COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 12:01 AM 04 / O1 / 2025 forms a part of Policy No. WC 067-96-1230 Issued to KIMLEY-HORN AND ASSOCIATES, INC. By NEW HAMPSHIRE INSURANCE COMPANY This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS. 3. Premium: The premium charge for this endorsement shall be 2.0 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: INCLUDED WC 42 03 04 B Countersigned by (Ed. 6-14) Authorized Representative ©Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. POLICY NUMBER: GL5268169 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 2 ❑ A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 0 Insurance Services Office, Inc., 2018 CG 20 10 12 19 M&C Review Page 1 of 3 A CITY COUNCIL AGEND Create New From This M&C Official site of the City of Fort Worth, Texas FORT WORTH '*41v REFERENCE **M&C 25- 20EAST BERRY STREET DATE: 4/22/2025 NO.: 0383 LOG NAME: CORRIDOR FROM IH-35W TO MILLER AVENUE SCHE CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 8 and CD 11) Authorize Execution of an Engineering Services Agreement with Kimley-Horn and Associates, Inc. in the Amount of $996,692.00 for the Preliminary Design and Preparation of Construction Documents for the East Berry Street Corridor from Interstate Highway-35 West to Miller Avenue Schematic Planning Project (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council Authorize execution of an Engineering Services Agreement with Kimley-Horn and Associates, Inc. in the amount of $996,692.00, for the Preliminary Design and Preparation of Construction Documents for the East Berry Street Corridor from Interstate Highway-35 West to Miller Avenue Schematic Planning Project (City Project No. 104222). DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize an engineering services agreement with Kimley Horn and Associates Inc. in the amount of $996,692.00 for the East Berry Street Corridor from Interstate Highway-35 West (IH-35W) to Miller Avenue Schematic Planning Project (East Berry Street Schematic). On May 7, 2022, City of Fort Worth voters approved the 2022 Bond Program, Proposition A, Streets and Mobility Infrastructure Improvements which includes $2.2 million in funding for implementation of the Berry Street Corridor improvement project (City Project No. (CPN) 104222) from IH-35W to Martin Luther King Freeway (US 287). This corridor schematic planning project will encourage complete street designs to enhance safety and comfort for all users, support transit, and provide necessary elements for swift capital delivery and economic development. On September 13, 2022, City Council approved M&C 22-0689 which authorized funding for the East Berry Street Corridor Project. The project extends from IH-35W to Cravens Road, along the western shore of Lake Arlington. The 18-month corridor project included preliminary engineering for a multi - modal, walkable mixed -use corridor (CPN 104214). On November 29, 2022, City Council authorized the execution of a professional services agreement with Kimley Horn and Associates Inc. (Kimley Horn) for the East Berry Street Corridor Study which includes recommendations for the re -design of East Berry Street (M&C 22-1007). In anticipation of the East Berry Street Corridor Study plan being adopted on April 22 2025, Kimley Horn will, if authorized, use the recommendations and the findings in the study (including public input) and create a preliminary design schematic of the roadway corridor from IH-35W to Miller Avenue. The schematic will get the project ready for environmental clearance and future funding opportunities. The Funding for the Berry Streets Capital Improvements project (CPN 104222) is summarized in the table below: Fund? 11 Existing Funding? Additional Funding? 11 Project Total? 34027 - 2022 Bond Program 11 $2,200,000.00 $0.00 11 $2,200,000.00 http://apps.cfwnet.org/council_packet/mc review.asp?ID=33246&councildate=4/22/2025 5/13/2025 M&C Review Page 2 of 3 Project Design Total? 11 $2,200,000.00 11 $0.00 11 $2,200,000.00 1 The actions in this M&C will not amend the 2025-2029 Capital Improvement Program. All funds are currently in the project budget as shown in the table above. Transportation and Public Works (TPW) Department Funding is budgeted in the East Berry Capital Improvement Project within the 2022 Bond Program Fund for the purpose of funding the East Berry Street Schematic, as appropriated. Based on the MWBE availability, this projects MWBE goal is set at 12.90\%. The Business Equity Division placed a 12.90\% business equity goal on this solicitation/contract. Kimley-Horn and Associates, Inc., will be exceeding the goal at 16.26\%, meeting the City's Business Equity Ordinance. Any changes in subcontractors will be reviewed by the Business Equity Division. This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to make any interim progress payments until the debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). The East Berry Street Corridor is located in COUNCIL DISTRICTS 8, AND 11. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2022 Bond Program Fund for the Berry Street Capital Imps project to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. TO Fund Department I Account Project 7ID ID FROM Fund Department Account Project ID ID Submitted for Citv Manaqer's Office bv: Oriqinatinq Department Head: Additional Information Contact: ATTACHMENTS 104222- FID Table.xlsx (CFW Internal) Program Activity Budget Reference # Amount Year (Chartfield 2) Program Activity Budget Reference # Year (Chartfield 2) Jesica McEachern (5804) Lauren Prieur (6035) Monty Hall (8662) Amount 20EAST BERRY STREET CORRIDOR FROM IH-35W TO MILLER AVENUE SCHE funds avall.docx (CFW Internal) 25-104222 (AE East Berry Street Schematic from IH-35 to Miller Ave) CC.pdf (Public) 34027- 2022 Bond Proposition Report.pdf (CFW Internal) Completed Form.PDF (CFW Internal) http://apps.cfwnet.org/council_packet/mc review.asp?ID=33246&councildate=4/22/2025 5/13/2025 M&C Review Page 3 of 3 Form 1295 Certificate 101340363.pdf (CFW Internal) KHA - LOI - E Berry St - Executed.odf (Public) M&C Map EBerrvSt.pdf (Public) http://apps.cfwnet.org/council_packet/mc review.asp?ID=33246&councildate=4/22/2025 5/13/2025 FORT WORTH,,, Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: East Berry Street Corridor From IH-35W to Miller Avenue Schematic Planning Project M&C: 25-0383 Date: CPN: 104222 CSO: DOC#: To: Name Department Initials Date Out 1. Armond Bryant, Project Manager TPW 77AL 05/13/25 2. Kelly Porter, Program Manager TPW AD A- 05/14/25 3. Lauren Prieur, TPW Director TPW Director xaev 05/15/25 LP 4. Doug Black Legal o#N -, 05/16/25 5. Jesica McEachem, ACM CMO CM 05/21 /25 6. Jannette Goodall CSO ,a eti Ida„ 05/21 /25 7. TPW Contracts TPW Donnette Murphy Risk DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, Jay will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: ❑YES ®No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: TPWContracts(&FortWorthTexas.aov at ext. 7233 or 8363, for pick up when completed. Thank you! Updated 0111212024 mdhm City of Fort Worth, Texas [East Berry Street Corridor from IH-35W to Miller Avenue Schematic Planning Project] Standard Agreement for Engineering Related Design Services [CPN 104222] Revised Date: 03-08-2024 Page 1 of 15