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HomeMy WebLinkAboutContract 64097City of Fort Worth, Texas Drainage and Floodplain Review Services Standard Agreement for Professional Services Revision Date: August 18, 2025 Page 1 of 9 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES This agreement (“Agreement”) is between the City of Fort Worth, a Texas home-rule municipality ("City"), and Kimley-Horn and Associates, Inc., authorized to do business in Texas (“Consultant”), for a project generally described as: Drainage and Floodplain Review Services (“Project”). Article I Scope of Services (1) Consultant hereby agrees to perform professional services as set forth in this Agreement and the Scope of Services, attached hereto as Attachment “A” (“Services”). These Services shall be performed in connection with the Project. (2) Additional services, if any, will be memorialized by an amendment to this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of City, and shall be furnished to the City, prior to or at the time such services are completed, or upon termination or expiration of Agreement. Article II Compensation Consultant shall be compensated an amount up to $95,000.00 (“Contract Amount”) in accordance with the Fee Schedule shown in Attachment “B”. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Consultant shall provide monthly invoices to City. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Consultant of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. The term of this Agreement shall commence on the Effective Date and shall continue until the expiration of the funds or within one(1) year, whichever occurs first, City of Fort Worth, Texas Drainage and Floodplain Review Services Standard Agreement for Professional Services Revision Date: August 18, 2025 Page 2 of 9 unless terminated in accordance with the terms of this Agreement. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Consultant’s work or work product shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its performance of the Services. Article VI Indemnification CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFY AND HOLD CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT’S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT’S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. City of Fort Worth, Texas Drainage and Floodplain Review Services Standard Agreement for Professional Services Revision Date: August 18, 2025 Page 3 of 9 Article VII Insurance Consultant shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. Article VIII Force Majeure City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. Article IX Transfer or Assignment Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) City may terminate this Agreement for convenience by providing written notice to Consultant at least 30-days prior to the date of termination, unless Consultant agrees in writing to an earlier termination date. (2) Either City or Consultant may terminate this Agreement for cause if either party fails to substantially perform, through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Consultant, Consultant shall discontinue Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article II of this Agreement and in accordance with Exhibit “B”. Article XI Right to Audit (1) Consultant agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to Agreement. Consultant agrees that City shall have access during normal City of Fort Worth, Texas Drainage and Floodplain Review Services Standard Agreement for Professional Services Revision Date: August 18, 2025 Page 4 of 9 working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontractor agrees that City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor(s), involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any subcontractor reasonable advance notice of intended audit. (3) Consultant and subcontractor(s) agree to photocopy such documents as may be requested by City. City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article XII Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees or its subcontractor(s). Article XIII Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s) who perform work under Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Consultant shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT’S EMPLOYEES, City of Fort Worth, Texas Drainage and Floodplain Review Services Standard Agreement for Professional Services Revision Date: August 18, 2025 Page 5 of 9 SUBCONTRACTORS, AGENTS, OR LICENSEES.City, upon written notice to Consultant, shall have the right to immediately terminate Agreement for violations of this provision by Consultant. Article XIV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas – Fort Worth Division. Agreement shall be construed in accordance with the laws of the State of Texas. Article XV Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Consultant’s respective right to insist upon appropriate performance or to assert any such right on any future occasion. Article XVI Severability The provisions of Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVII Notices Notices regarding Articles IX or X are to be provided to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth, Texas Drainage and Floodplain Review Services Standard Agreement for Professional Services Revision Date: August 18, 2025 Page 6 of 9 City of Fort Worth Attn: Stormwater Development Services-Engineering Manager Development Services Department 100 Fort Worth Trail Fort Worth, Texas 76102 Consultant: Kimley-Horn and Associates, Inc. Attn: Misty Christian, P.E., CFM 801 Cherry Street Unity 11, Suite 1300 Fort Worth, Texas 76102 All other notices may be provided as described above or via electronic means. Article XVIII Prohibition On Contracts With Companies Boycotting Israel Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Consultant has 10 or more full time-employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifies that Consultant’s signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. City of Fort Worth, Texas Drainage and Floodplain Review Services Standard Agreement for Professional Services Revision Date: August 18, 2025 Page 7 of 9 Article XIX Prohibition on Boycotting Energy Companies Consultant acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms “boycott energy company” and “company” have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant’s signature provides written verification to the City that Consultant: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XX Prohibition on Discrimination Against Firearm and Ammunition Industries Consultant acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms “discriminate,” “firearm entity” and “firearm trade association” have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant’s signature provides written verification to the City that Consultant: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Article XXI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of Agreement. Article XXI City of Fort Worth, Texas Drainage and Floodplain Review Services Standard Agreement for Professional Services Revision Date: August 18, 2025 Page 8 of 9 Attachments, Schedules and Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of Agreement: Attachment A - Scope of Services Attachment B – Compensation Attachment C - Changes to Agreement Attachment D - Project Schedule Attachment E - Location Map Attachment F – Insurance Requirements Duly executed by each party’s designated representative to be effective on the date subscribed by the City’s designated Assistant City Manager. BY: CITY OF FORT WORTH BY: CONSULTANT Jesica McEachern Assistant City Manager Date:__________________ Kimley-Horn and Associates, Inc. Scott Arnold, P.E. Vice President Date:____________________________ ATTEST: Jannette Goodall City Secretary APPROVAL RECOMMENDED: By: D.J. Harrell Director, Development Services City of Fort Worth, Texas Drainage and Floodplain Review Services Standard Agreement for Professional Services Revision Date: August 18, 2025 Page 9 of 9 APPROVED AS TO FORM AND LEGALITY By: Richard A. McCracken Sr. Assistant City Attorney M&C No.:_N/A M&C Date: N/A Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. ______________________________ Leon Wilson, Jr., P.E., CFM Sr. Capital Projects Officer City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 1 of 7 ATTACHMENT “A” Scope of Work Drainage and Floodplain Review Services City Project No. The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the City and Consultant have attempted to clearly define the work to be performed and address the needs of the Project. Under this scope, “Consultant” is expanded to include any sub-consultant, including surveyor, employed or contracted by the Consultant. Under this scope, “City” is expanded to include the City of Fort Worth Project Manager and/or their representatives or designees. OBJECTIVE Kimley-Horn and Associates, Inc. (Consultant) will provide 1) assistance in review of Drainage Studies and Grading Plans, Construction Plans, Infrastructure Plans, CIP Construction Plans (Grading and Drainage), and Floodplain Studies and Permit Applications for the City of Fort Worth Department of Transportation and Public Works; 2) training for Consultants in the Land Development Community; and 3) Drainage Easement Assistance. WORK TO BE PERFORMED Task 1. Management Task 2. Task Order Implementation Task 3. Drainage Study and Grading Plan Review Task 4. Construction Plan Review Task 5. Infrastructure Plan Review Task 6. CIP Plan Review (Grading and Drainage) Task 7 Floodplain Studies and Permit Applications Task 8 Training for Consultants in the Land Development Community Task 9 Drainage Easement Assistance TASK 1. MANAGEMENT The Consultant will manage the work outlined in this scope to ensure efficient and effective use of Consultant’s and City’s time and resources. The 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 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 City of Fort Worth, Texas Attachment A Page 2 of 6 The Consultant will maintain a log of all drainage reviews in a manner approved by the City Project Manager. The log will include project name and number, dates of receipt of plans, name of review engineer, date of completion of review, and status of review. At the request of the City Project Manager, the Consultant will attend meetings with the Developer and Developer’s Engineer to discuss comments. Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the City. 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. DELIVERABLES A. Drainage Review Logs. B. Monthly invoices. C. Monthly progress reports. D. Monthly and Final Summary Payment Reports. TASK 2. TASK ORDER IMPLEMENTATION 2.1 Initiate Task Order Request The City Project Manager will notify the Consultant when a project is to be reviewed via electronic communication. Plans will be submitted to the Consultant in a digital format by email or the Consultant will be asked to obtain printed plans from the City. The City will screen the application for completeness and specifically request the type of review needed, i.e. Drainage Studies, Grading Permit, Construction Plan, or other review. The package will include the information submitted to the City such as completed checklists, plans, computations, reports, and computer models. The City Project Manager will also provide additional background information needed by the Consultant such as existence of known downstream drainage and flooding problems. The notification to Consultant will constitute the Task Order Notice to Proceed. 2.2 Initial Review Comments will be shown with red marks on plan and calculation sheets and will be accompanied by brief commentary on each comment, within a transmittal letter or comments added in the City of Fort Worth Accela tracking system. Transmittal letters will be signed and sealed by the Review Engineer. Reviewed plans and transmittal letters will be electronically transmitted to the City in digital format and hand delivered to the City later. The Consultant will be available to discuss comments with the City Project Manager as needed. The City Project Manager will be responsible for providing comments to the Developer and Design Engineer unless the ENGINEER is requested to do so. City of Fort Worth, Texas Attachment A Page 3 of 6 2.3 Subsequent Review Reviews of revised plans will be prepared in the same manner as for initial reviews. 2.4 Project Closeout When all comments have been addressed to the satisfaction of the City, the City Project Manager will notify the Consultant and the particular review will be considered closed. TASK 3. iSWM AND GRADING PLAN REVIEW 3.1 Drainage Study Review In general, the purpose of a Drainage Study review is to confirm that adequate outfall exists and that adverse impacts will not result from the proposed project. Specific items to be reviewed for existing, proposed, and ultimate conditions include drainage area delineations and area computations, proper use of runoff coefficients and composite runoff coefficient computations, and analysis of downstream drainage capacity. Detention calculations and modeling will be required for those projects where detention is required. 3.2 Subsequent Plan Reviews Reviews of revised plans will be prepared in the same manner as for initial reviews. Subsequent reviews may include review of Stormwater Facilities Maintenance Agreements (SWFMA), Preliminary Plats, and Final Plats. DELIVERABLES A. Drainage Study and Grading Plans with Redline Comments. B. Comment Letter (signed and sealed) and/or entry into Accela. C. PDF of Plans with Redline Comments. D. PDF of Comment Letter for each review. TASK 4. CONSTRUCTION PLAN REVIEWS 4.1 Initial Construction Plan Review Construction Plans will be reviewed to determine the appropriateness of the individual BMP for the particular application. This will include review of capacity calculations, notes, and construction details. 4.2 Subsequent Construction Plan Reviews Reviews of revised plans will be prepared in the same manner as for initial reviews. City of Fort Worth, Texas Attachment A Page 4 of 6 DELIVERABLES A. Construction Plans with Redline Comments. B. Comment Letter (signed and sealed) and/or entry into Accela. C. PDF of Construction Plans with Redline Comments. D. PDF of Comment Letter for each review. TASK 5. INFRASTRUCTURE PLAN REVIEW 5.1 Pre-submittal Plan Review Consultant will review submitted plans and provide comments at the pre-submittal meeting held on Thursday Consultant will attend the pre-submittal meeting and discuss plan comments with the applicant. 5.2 Initial Infrastructure Plan Review Infrastructure plans will be reviewed for conformance with City Drainage criteria. Plans will be reviewed in Accela when required. 5.3 Subsequent Infrastructure Plan Reviews Reviews of revised plans will be prepared in the same manner as for initial reviews. DELIVERABLES A. Infrastructure Plans with Redline Comments. B. PDF of Grading Plans with Redline Comments. C. PDF of Comment Letter and/or entry into Accela for each review. TASK 6. CIP CONSTRUCTION PLANS 6.1 Initial CIP Construction Plan Review CIP construction plans reviews will focus on the assessment of proposed drainage and grading improvements for compliance with City requirements. Generally, the review will include drainage area delineations, hydrologic parameters, runoff calculations, spread of water calculations, inlet capacity, hydraulic grade line calculations, outfall protection / energy dissipaters, constructability and downstream impacts. Comments will be provided on the plans through Accela. 6.2 Subsequent CIP Construction Plan Reviews City of Fort Worth, Texas Attachment A Page 5 of 6 Reviews of revised plans will be prepared in the same manner as for initial reviews. DELIVERABLES A. CIP Construction Plans with Redline Comments. B. PDF of CIP Construction Plans with Redline Comments. C. PDF of Comment Letter and/or entry into Accela for each review. TASK 7. FLOODPLAIN STUDIES AND PERMIT APPLICATIONS 7.1 Initial Floodplain Studies and Permit Applications Review In general, the purpose of a Floodplain Studies and Permit Applications review is to ensure the submissions follow the City of Fort Worth, State, and Federal requirements for each respective study and permit application. A very detailed review and analysis of these submittals is required by a person experienced and competent in this type of work. There might be meetings with the applicants accompanied with this task that the ENGINEER is expected to attend if needed and/or requested. 7.2 Subsequent Floodplain Studies and Permit Applications Reviews Reviews of revised studies and permits will be handled and prepared in the same manner as for initial reviews. DELIVERABLES A. Floodplain Studies Reviews with Redline Comments. B. Floodplain Permit Applications with Redline Comments. C. Comment Letter(s) (signed and sealed) and/or entry into Accela for each review. D. PDF of Floodplain Studies and Permit Applications with Redline Comments. E. PDF of Comment Letter(s) for each review. F. Monthly tracking of projects costs in a separate tab that follows the current tracking of projects on the Excel format. TASK 8. TRAINING FOR CONSULTANTS IN LAND DEVELOPMENT COMMUNITY 8.1 Develop plans and strategies for Land Development Consultant Training. Identify most frequent issues and review problems from past drainage review projects. Meet with City Drainage Review Staff to discuss and formulate best strategy for training. City of Fort Worth, Texas Attachment A Page 6 of 6 8.2 Prepare materials for formal training sessions. Use case studies from past City and Land Development Consultant reviews. Employ Land Development Consultant and City Drainage Review Staff experiences. Use specific submitted/reviewed projects for examples. Such submitted/reviewed projects will have names of projects and persons removed Prepare a “lessons learned” document that can be forwarded to consultants and posted on the City website. This will be a living document to be revised over time. 8.3 Prepare and provide to Land Development Consultants additional, simplified checklists and instructions to address the most frequent drainage submittal errors. 8.4. Conduct training sessions with Land Development Consultants 8.5. Document all training with digital products such as Power Points, handouts, etc. 8.6. Repeat training sessions up to three times. DELIVERABLES A. Lessons learned documents. B. Training materials such as Power Point presentations and handouts. C. Simplified checklists TASK 9. Drainage Easement Assistance 9.1 Provide Drainage Easement Assistance Assist city staff in cases where existing public stormwater infrastructure is not within a city drainage easement. DELIVERABLES A. Document location, property owners, record drawings if available and other pertinent information for evaluation of mitigation options. ATTACHMENT B COMPENSATION City of Fort Worth, Texas Attachment B Page 1 of 5 B-1 Drainage and Floodplain Review Services City Project No. Time and Materials with Rate Schedule Project I. Compensation A. The Consultant shall be compensated for a Project, based upon a request for services by City, for personnel time, non-labor expense, and subcontract expenses in performing services enumerated in Attachment A as follows: i.Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the Consultant’s team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category Rate ($/hour) Project Director $330.00 Senior Professional Engineer $310.00 Senior Project Manager $300.00 Project Manager $275.00 Project Engineer IV $250.00 EIT III $225.00 EIT II $200.00 EIT I $180.00 Project Accountant $160.00 Administrative $135.00 Intern $100.00 ii.Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii.Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to Consultant plus a markup of ten percent (10%). iv.Budgets. The Consultant will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward ATTACHMENT B COMPENSATION City of Fort Worth, Texas Attachment B Page 2 of 5 B-2 that end so that the budget or work effort can be adjusted if found necessary. The Consultant is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay Consultant beyond these limits. If Consultant 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 Consultant 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, Consultant’s excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The Consultant shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The Consultant 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 Consultant, based on the actual hours and costs expended by the Consultant in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the Consultant. C. The Consultant shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The 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. ATTACHMENT B COMPENSATION City of Fort Worth, Texas Attachment B Page 3 of 5 B-3 IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Kimley-Horn and Associates, Inc. Project Management $ 9 ,000.00 100% TOTAL $ 9 ,000.00 100% EXHIBIT “B-1” ENGINEER INVOICE (Supplement to Attachment B) City of Fort Worth, Texas Attachment B Page 4 of 5 B-4 Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. Invoice - T&PW Proj. Invoice No. Invoice date: Period (From - To) DOE No. T&PW Proj No. City Secy. Cont. No. COFW Project Manager Mr. Nolan Schomer,P.E., CFM Consultant's Project Manager: Name of Project :DRAINAGE REVIEW ASSISTANCE Work Phase STORM DRAINAGE Orig. Amount Revised Amt. incl. Amendment $ - $ - TF03 Year 3 Drainage Review Assistance $ 9 ,000.00 $ - $ - $ - CONTRACT AMOUNT $ 9 ,000.00 $ - TOTAL CONTRACT AMOUNT $ 9 ,000.00 TOTAL CONTRACT AMOUNT TO DATE (including amendments) $ 9 ,000.00 STORM DRAINAGE DRAINAGE REVIEW NUMBER DESCRIPTION OF WORK THIS INVOICE TOTAL PREVIOUS INVOICES CONTRACT AMT. REMAINING DS-XX-0001 Drainage Review No. 1 Name $ -$ -$ - DS-XX-0002 Drainage Review No. 2 Name $ -$ -$ - FSR-XX-001 Flood Study Review No. 1 Name $ -$ -$ - DS-XX-0003 Drainage Review No. 3 Name $ -$ -$ - DS-XX-0004 Drainage Review No. 4 Name $ -$ -$ - DS-XX-0005 Drainage Review No. 5 Name $ -$ -$ - DS-XX-0006 Drainage Review No. 6 Name $ -$ -$ - DS-XX-0007 Drainage Review No. 7 Name $ -$ -$ - DS-XX-0008 Drainage Review No. 8 Name $ -$ -$ - DS-XX-0009 Drainage Review No. 9 Name $ -$ -$ - DS-XX-0010 Drainage Review No. 10 Name $ -$ -$ - DS-XX-0011 Drainage Review No. 11 Name $ -$ -$ - $ - ` $ -$ -$ - List all amendments to date (Do not invoice for additional work until the related amendment has been executed by the city) Amendment No. Description City Secy. Contract No. for the amendment Date Executed by City Total Amount 1 2 $ - 3 $ - 4 $ - TOTALS $ - TOTAL THIS INVOICE $0.00 City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of 1 ATTACHMENT “C” CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Drainage and Floodplain Review Services City Project No. _____ No changes are proposed to the Standard Agreement. City of Fort Worth, Texas Drainage and Floodplain Review Services Attachment D Revision Date: 07.20.2018 Page 1 of 1 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 Attachment E PMO Release Date: 05.19.2010 Page 1 of 1 ATTACHMENT “E” PROJECT LOCATION MAP APPLICABLE TO ALL COUNCIL DISTRICTS EXHIBIT F CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 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. i. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). hired, and non-owned autos, when said vehicle is used in the course of 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 2 of 3 Rev. 5.04.21 c. 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 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. insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self-funded or CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. liability shall not be limited to the specified amounts of insurance required herein. d. 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. 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 . 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 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 prior to 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. l. 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 Insured shall provide City with documentation thereof. GL5268169 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 Issuedto 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 OPERAT I ONS . 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: I NCLUDED ����� WC 42 03 04 B Countersigned by � (Ed. 6-14) Authorized Representative �OCopyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. GL5268169 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 9 Insurance Services Office, Inc., 2018 CG 20 10 12 19