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HomeMy WebLinkAbout064948 - General - Contract - Terracon Consultants, Inc.FORT WORTH, PROFESSIONAL SERVICES AGREEMENT CSC No. 64948 This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and Terracon Consultants, Inc. ("Vendor"), a Delaware corporation acting by and through its duly authorized representative, each individually referred to as a "party" and collectively referred to as the `parties." 1. Scope of Services. The primary purpose of this Agreement is to complete the Update of the City of Fort Worth Preservation Plan ("Services"), which Services are set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes. Services shall be performed in accordance with standards in the industry for the same or similar services. 2. Term. The initial term of this Agreement is set to expire on December 31, 2027, beginning on the date that this Agreement is executed by the parties("Effective Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions for a single one-year renewal option (a "Renewal Term"). 3. Compensation. 3.1 Total compensation under this Agreement will not exceed seventy-five thousand dollars and zero cents ($75,000.00) during any individual term. An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. 3.2 City will pay Vendor in accordance with the Prompt Payment Act (Chapter 2251 of the Texas Government Code) and provisions of this Agreement, including Exhibit 1113," which is attached hereto and incorporated herein for all purposes. 3.3 Vendor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. Termination. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Terracon Consultants, Inc. - Vendor Services Agreement Page 1 of 15 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with at least 30 days' written notice of termination. 4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by the Fort Worth City Council in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated for any reason prior to its natural expiration, City will pay Vendor for services actually rendered up to the effective date of termination and Vendor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor will return all City provided information or data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and as such all documents held or maintained by City may be subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked by Vendor as "Confidential" or "Proprietary," City will promptly notify Vendor. It will be the responsibility of Vendor to submit to the Texas Attorney General's Office reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete, or otherwise corrupt City Information in any way. Vendor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. Terracon Consultants, Inc. - Vendor Services Agreement Page 2 of 15 6. Right to Audit. Vendor agrees that City will, until the expiration of three (3) years after final payment under this Agreement or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers, and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. To the extent that the Vendor hires a subcontractor, the Vendor agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall have the same rights to audit as afforded under this section. 7. Independent Contractor. It is expressly understood and agreed that Vendor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement and not as agent, representative, or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, subvendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants, and employees, and Vendor, its officers, agents, employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City will in no way be considered a co -employer or a joint employer of Vendor or any officers, agents, servants, employees, contractors, or subcontractors of Vendor. Neither Vendor nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself and any of its officers, agents, servants, employees, or contractors. 8. Liability and Indemnification. 8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE, AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE, OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS, MALFEASANCE, OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, REPRESNTATIVES, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS Terracon Consultants, Inc. - Vendor Services Agreement Page 3 of 15 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade marls, trade secret, or similar property right arising from City's use of the software or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle, or pay will not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section, Vendor will have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interests, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City will have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor will fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Vendor will, at its own expense: (a) procure for City the right to continue to use the software and/or documentation; (b) modify the software and/or documentation to make it non -infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; (c) replace the software and documentation with equally suitable, compatible, and functionally equivalent non -infringing software and documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor, terminate this Agreement and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. 9. Assignment and Subcontracting. 9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee will execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. Terracon Consultants, Inc. - Vendor Services Agreement Page 4 of 15 10. Insurance. Vendor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will be any vehicle owned, hired, and non -owned. (c) Workers' Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability (Errors & Omissions): $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims -made and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term "City" includes its employees, officers, officials, agents, and volunteers with respect to the contracted services. Terracon Consultants, Inc. - Vendor Services Agreement Page 5 of 15 (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. A minimum of ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must be sent to the City in accordance with the notice provision of this Agreement. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VIl in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. U . Compliance with Laws, Ordinances, Rules, and Regulations. Vendor agrees that in the performance of its obligations hereunder it will comply with all applicable federal, state, and local laws, ordinances, rules, and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state, and local laws, ordinances, rules, and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules, or regulations, Vendor must immediately desist from and correct the violation. 12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Terracon Consultants, Inc. Terracon Consultants, Inc. - Vendor Services Agreement Page 6 of 15 Attn: Assistant City Manager 100 Fort Worth Trail Fort Worth, TX 76102-6314 With copy to Fort Worth City Attorney's Office at same address Elizabeth Valenzuela, Department Manager 1801 Handley Ederville Rd. Fort Worth, TX 76118 14. Solicitation of Employees. Neither City nor Vendor will, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the other party. Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds to a general solicitation or advertisement of employment by either party. 15. Governmental Powers. It is understood and agreed that by execution of this Agreement City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law / Venue. This Agreement will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force Majeure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will 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, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event and an explanation as to how it prevents or hinders the Party's performance as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. Terracon Consultants, Inc. - Vendor Services Agreement Page 7of15 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of contract construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or Exhibits A, B, and C. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts, and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 24. Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's option, Vendor will either (a) use commercially reasonable efforts to re -perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming services. 25. Immigration and Nationality Act. Vendor must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Fonn (I-9). Upon request by City, Vendor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor must adhere to all federal and state laws and establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 26. Ownership of Work Product. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation that are created, published, displayed, or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the date of conception, creation, or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title, and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, Terracon Consultants, Inc. - Vendor Services Agreement Page 8 of 15 lien for balance due, or rights of retention thereto. 27. Sisnature Authority. The person signing this Agreement hereby warrants that they have the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance, or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. Change in Company Name or Ownership. For purposes of maintaining updated City records, Vendor must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change. The president, or another authorized official, of Vendor must sign the notification. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, a copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation may adversely impact future invoice payments. 29. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, 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" have the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 30. Prohibition on Boycottinz Energy Companies. Vendor 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 that is to 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 Vendor that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor 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 that is to 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 Vendor 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. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (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 Terracon Consultants, Inc. - Vendor Services Agreement Page 9 of 15 trade association during the term of this Agreement. 32. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. 33. Entirety of Agreement. This Agreement contains the entire understanding and agreement between City and Vendor, their assigns, and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. Terracon Consultants, Inc. - Vendor Services Agreement Page 10 of 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. City: By: Cp� Name: Jesica L. McEachern Title: Assistant City Manager Date: 03/27/2026 Vendor: By: Beth Valenzuela ( ar 12, 2026 13:35:53 CDT) Name: Elizabeth Valenzuela Title: Department Manager Date: 03/12/2026 FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: By: Dalton Harrell (Mar 26, 2026 10:47:53 CDT) Name: 'D. J. Harrell j Title: birecto� Approved as to Form and Legality By: Name: Title: Hye Won Kim Assistant City Attorney Contract Authorization: M&C: M&C 25-0833 Form 1295: 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. � K u/t By: �.e Name: Lorelei Willett Title: Historic Preservation Officer City Secretary: �an A FORT�J dd y a8 G90P .......... . e d ddaon�ng4q By: Name: Jannette Goodall Title: City Secretary Terracon Consultants, Inc. - Vendor Services Agreement OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 11 of 15 lfrerracon February 18, 2026 Lorelei Willett Historic Preservation Officer City of Fort Worth 100 Fort Worth Trail Fort Worth, TX 76102 5307 Industrial Oaks Boulevard, Suite 160 Austin, TX 78735 P (512) 442-1122 F (512) 442-1181 Terracon.com Re: Professional Services for a Strategic Update of Fort Worth's Preservation Plan Terracon Proposal No. P96257651 Dear Ms. Willett: Terracon Consultants, Inc., (Terracon) appreciates the opportunity to submit this scope and fee proposal to the City of Fort Worth (Client) for a Strategic Update of Fort Worth's Preservation Plan. The project will be completed according to procedures established by the National Park Service (NPS) for Preservation Planning. The following information provides Terracon's understanding of the project and Terracon's scope of services, including project timelines and costs. If this proposal meets with your approval, work may be initiated by returning a fully executed copy of the City's Professional Service's Agreement (PSA) for this project. The terms, conditions, and limitations stated in the PSA and sections of this proposal incorporated therein shall constitute the exclusive terms and conditions and services to be performed for this project. We appreciate the opportunity to provide this proposal and look forward to working with you on this project. If you have any questions or comments regarding this proposal or require additional services, please give me a call. Sincerely, Terracon Consultants, Inc. Justin Newhart Beth Valenzuela TX Division Architectural History Department Manager Discipline Lead Authorized Project Reviewer Attachments: Professional Services Agreement Strategic Update of Fort Worth's Preservation Pian%rracon City of Fort Worth, TX Terracon Proposal P96257651 DETAILED SCOPE OF SERVICES A. Project Information Based on information provided via an email by Lorelei Willett, Historic Preservation Officer (HPO) on February 4, 2026, the project will take place within the boundaries of the City of Fort Worth, Tarrant County, Texas. The project proposes a strategic update of the City's 2003 Preservation Plan. The following scope of services is based on Preservation Planning requirements, as published by the National Park Service (NPS). Work will include public engagement, analysis of existing plans and policies, research, and a planning document. Work will conform with the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation. B. Scope of Services B.1 Task 1 - Project Administration This task will include facilitating communication between the Client, Texas Historical Commission (THC), and the Terracon project team. Once consultation is initiated, Terracon will confirm the scope of work for the project with the THC and update the Scope of Services, if needed, based on the results of this consultation. Project administration includes a Kick-off meeting with the Client, monthly meetings with the Client, and project management. B.2 Task 2 - Analysis of Existing Plan and Policies Terracon professional staff meeting the Secretary of the Interior's Professional Qualifications in Architectural History, History, and Historic Architecture, outlined in 36 CFR 61, will undertake an analysis of Fort Worth's existing Preservation Plan, preservation policies, and other related ordinances and policies to inform and refine its public engagement strategy. Terracon will also conduct targeted interviews with key City staff and the Historic & Cultural Landmarks Commission (HCLC), to glean insights into how the Preservation Program currently functions. 13.3 Task 3 - Public Engagement Per NPS Preservation Planning Guidelines, the success of the preservation planning process depends on how well it solicits and integrates the views of various groups. A planning process should be directed first toward resolving conflicts in goals for historic preservation, and second toward resolving conflicts between historic preservation goals and other land -use planning goals. Explore with us 2 Strategic Update of Fort Worth's Preservation Plan �erracon City of Fort Worth, TX Terracon Proposal P96257651 Throughout the project Terracon, in conjunction with City staff, will prepare and lead three (2) in -person public engagement meetings in Fort Worth and one (1) virtual meeting in order solicit feedback from community members, preservation stakeholders, and Fort Worth residents and property owners. These meetings will take place at various locations in Fort Worth that are publicly accessible to ensure broad participation. Terracon will assist City staff with developing project updates and schedules for a City project web page online. The goal of these engagement meetings will be to gather feedback to define issues, goals and priorities within the updated Preservation Plan. The 3r6 public engagement meeting will be a working group workshop with the HCLC and key community stakeholders to finalize the draft document prior to moving it through the public adoption process. After each public engagement meeting, Terracon will prepare a summary report of feedback received and recommendations for incorporation into the final Preservation Plan document. City staff will assist with reserving venues for engagement the public engagement meetings, marketing the event to the public and community stakeholders, and coordinating with other City departments and staff for attendance. B.4 Task 4 - Deliverables Terracon will provide the following deliverables during the project per the dates listed in the project schedule: ■ Summary of feedback received at 1st meeting ■ Summary of feedback received2nd Public Engagement meeting (virtual) ■ 111 Draft Report ■ 2nd Draft Report ■ Final Draft The final Preservation Plan will include the following key components: ■ Executive summary of 2003 Preservation Plan ■ Analysis of the current state of preservation in Fort Worth, including the City's Preservation Program ■ Strategic Action Plan, including goals, objectives, and tasks to implement the Action Plan after adoption ■ Summary of public engagement The final deliverable will be prepared in a format that is consistent with City planning documents and coordinated with City staff. Terracon will provide the City final design Explore with us 3 Strategic Update of Fort Worth's Preservation Plan City of Fort Worth, TX Terracon ProposalP96257651 Wrerracon files. Publicly -available materials will be compliant with standards and guidelines outlined in the Americans with Disabilities Act. The final document will also include the following language, per CLG grant requirements: "This project was funded in part through a Certified Local Government grant from the National Park Service, U.S. Department of the Interior, as administered by the Texas Historical Commission. The contents and opinions, however, do not necessarily reflect the views and policies of the Department of the Interior, nor does the mention of trade names or commercial products 'constitute endorsement or recommendation by the Department of the Interior. This program receives Federal funds from the National Park Service. Regulations of the U. S. Department of the Interior strictly prohibit unlawful discrimination in departmental Federally Assisted Programs on the basis of race, color, national origin, age, or handicap. Any person who believes he or she has been discriminated against in any program, activity, or facility operated by a recipient of Federal assistance should write to: Director, Equal Opportunity Program, U. S. Department of the Interior, National Park Service, P. O. Box 37127, Washington, DC 20013-7127." C. Limitations The fees in this proposal do not include costs for standard surveying by an outside contracted project surveyor, additional meetings, data collection/evaluation or compensatory mitigation that may be required by the Client or the THC. Our specific involvement in the future phases of this project is not known at this time. Should such services be required, then Terracon would prepare a supplemental change order at the request of the Client. The findings and conclusions presented in the final report will be based on the project area's current utilization and the information collected as discussed in this proposal. Please note that we do not warrant database or third -party information, or regulatory agency information used in the compilation of plans or reports. No warranties, express or implied, are intended to be made. D. Schedule Assuming data and responses are received in a timely manner from the state, federal agencies, and Client, Terracon is prepared to begin work within five (5) business days upon written Notice to Proceed (NTP) and a signed contract. The NTP is anticipated by February 27, 2026. Below is a detailed timeline of events and deliverables: Explore with us 4 Strategic Update of Fort Worth's Preservation Plan%rracon City of Fort Worth, TX Terracon Proposal P96257651 Task Due Date Task 1. Project Administration 1.1 - Project Kick-off March 2, 2026 1.2 - Project coordination meetings Once per month (as needed) Task 2. Analysis of Existing Plan & Policies March 31, 2026 Task 3. Public Engagement 3.1 - 1st Public Engagement meeting (in -person) April 28, 2026 3.2 - Summary of feedback received at 1st meeting May 22, 2026 3.3 - 2nd Public Engagement meeting (virtual) September 24, 2026 3.4 - Summary of feedback received at 2"d meeting October 22, 2026 3.5 - Final workshop with HCLC and community March 8, 2027 Task 4. Deliverables 4.1 - 1st Draft Report September 4, 2026 4.2 - 2nd Draft Report February 5, 2027 4.3 - Final Deliverable April 30, 2027 Public Hearings (during adoption phase)* One HCLC meeting (in -person) At client request, per HCLC's schedule One City Plan Commission (CPC) meeting (in -person) At client request, per CPC's schedule One City Council meeting (in-person)20 At client request, per Council's schedule Project Completion September 30, 2027 *Any additional public meetings outside of the schedule and scope above will be billed at Terracon's current time -and -materials rates for 2026 and 2027, respectively. Explore with us 5 Strategic Update of Fort Worth's Preservation Plan �'erracon City of Fort Worth, TX Is Terracon ProposalP96257651 Terracon is not responsible for delays based on unforeseen circumstances such as agency review time. In order to comply with the proposed schedule, please provide the following items at the time of notification to proceed: ■ A signed PSA evidencing acceptance of this scope of services; ■ Notification of any restrictions or special requirements (such as confidentiality, scheduling, or on -site safety requirements); and ■ Notification of any safety concerns associated with the project (i.e. underground utilities, landowners, livestock, presence of contaminated soils, etc.). E. Compensation Terracon offers this fee summary for the proposed project to include preservation planning and public engagement services. Services Fee Task 1. Project Administration $7,800.00 Task 2. Analysis of Existing Plan & Policies $6,100.00 Task 3. Public Engagement $20,000.00 Task 4. Deliverables $35,100.00 Public Hearings (during adoption phase) $6,000.00 Total $75,000.00 The fees herein are based on performing the services discussed in this proposal. The lump sum fee is based on the assumptions and conditions provided at the time of this proposal. Changes beyond the Scope of Work of this proposal will be charged in accordance with our current unit fee schedule or a revised proposal. The invoice will reflect the lump sum amount quoted herein. The fee is valid for 90 days from the date of this proposal and is based on the assumption that Terracon will perform only one visit to the project area. Explore with us 6 Strategic Update of Fort Worth's Preservation Plan Wrerracon City of Fort Worth, TX Terracon Proposal P96257651 F. Reliance Our findings report will be prepared for the exclusive use and reliance of the City of Fort Worth and any relying governmental entity, such as the THC. Reliance by any other party is prohibited with the written authorization of the Client and Terracon. If the client is aware of additional parties that will require reliance on the report(s), the names, addresses, and relationship of these parties should be provided for Terracon approval prior to the time of the authorization to proceed. Terracon may grant reliance on the report to those approved parties upon receipt of a fully executed Reliance Agreement (available upon request) and receipt of information requested in the Reliance Agreement. If, in the future, the client and Terracon consent to reliance on the report by a third party, Terracon may grant reliance upon receipt of a fully executed Reliance Agreement, requesting information and receipt of an additional minimum fee of $500 per relying party. Reliance on the report by the client and all authorized parties will be subject to the terms, conditions, and limitations stated in the Agreement for Services, sections of this proposal incorporated therein, the Reliance Agreement, and the report(s). The limitation of liability defined in the Agreement for Services is the aggregate limit of Terracon's liability to the client and all relying parties. G. Authorization If this proposal meets with your approval, work may be initiated by returning a fully executed PSA to our Austin office. Project initiation may be expedited by sending a copy of the signed PSA via e-mail or facsimile. We appreciate the opportunity to provide this proposal and look forward to working with you on this project. If you have any questions or comments regarding this proposal or require additional services, please feel free to give us a call. Explore with us 7 TEXAS HISTORICAL COMMISSION real plates lelliq ival lofier ATTACHMENT B EXPECTED PRODUCTS of a HISTORIC PRESERVATION PLANNING PROJECT City of Fort Worth Preservation Plan Update Contract No. 808-25-251695 Activities under the Historic Preservation Planning Program Area include the following: 1. Preservation Plan Development: to include developing, conducting research on, designing, or carrying out a planning process, or providing support for the development of a planning process design, or other historic preservation or cultural resource management plans. 2. Ordinance, Regulation, Standards, Guidelines Development 3. Advanced Planning Technologies (e.g., Geographic Information Systems (GIS)) 4. Other planning related activities as described in the Historic Preservation Funds Grants Manual One electronic copy of all final reports, plans, ordinances, standards, guidelines, etc. and the Completion Report (Attachment H) shall be submitted before the grant deadline. CLG Grant Due Dates: ❑ August 31, 2025 — quarterly report ❑ December 31, 2025 — quarterly report ❑ April 30, 2026 — quarterly report ❑ August 31, 2026 — quarterly report ❑ December 31, 2026 — quarterly report ❑ April 30, 2027 — quarterly report and draft of deliverables due ❑ August 31, 2027 — quarterly report ❑ September 30, 2027 - project completion date Historic Preservation Planning Projects should meet the minimum standards stated below: • Take into account and adequately represent all local historic and/or archeological resources. The full diversity of resources should address geographic and temporal ranges. All textual matter should reflect the broad patterns of local history. • Provide photo and/or graphic documentation and examples for representative resources, communities, or geographic areas. Photos and graphics must clearly represent resources from the local community. • Include and reflect appropriate and adequate public input. • References should indicate avenues of further research or resources for assistance (e.g., who to contact for more information). THC Contract No. 808-25-251695 Page 1 of 2 Attachment B TEXAS HISTORICAL COMMISSION real pores tel&ia' real stories • Adequate recognition must be provided in all publications. Photographs and drawings should be credited to the artist or lender. The local government's involvement must be adequately acknowledged. Recognition, as detailed below, must be afforded to the CLG Program, the Texas historical Commission, and the National Park Service of the U.S. Department of the Interior in all publications generated for public use. Language acknowledging nondiscrimination practices, as detailed below, must also be included: Thisprjectwasfundedinparl through a Certified Local Governmentgrant from the National Park Service, U.S. Department of the Interior, as administered by the Texas Historical Commission. The contents and opinions; however, do not necessarily reflect the views and policies of the Department of the Interior, nor does the mention of trade names or commercial prodircts constitute endorsement or recommendation by the Department of the Interior This program receives Federal funds from the National Park Service. Regulations of the U. S. Department of the Interior strictly prohibit unlawful discrimination in departmental Federally Assisted Programs on the basis of race, color, national origin, age, or handicap. Any person zvho believes he or she has been discriminated again t in any program, activity, or facili y operated by a recipient of Federal assistance should write to: Director, Equal Opportunity Program, U. S. Department of the Interior, National Park Service, P. O. Box 37127, Washington, DC 20013-7127. Additional Requirements for Preservation Plans: • Plans must establish a set of goals and objectives with target dates for completion. Ideally, responsibility for specific tasks should be assigned to specific personnel. • Maps and clear identification of resource locations should be provided. THC Contract No. 808-25-251695 Page 2 of 2 Attachment B LIVU urr u PAYMENT SCHEDULE Services Task 1. Project Administration Task 2. Analysis of Existing Plan & Policies Task 3. Public Engagement Task 4. Deliverab;es Public Hearings (during adopt --,on phase) Total Fee S7, 800.00 S6,100.00 $20,000.00 $35,100.00 S6, 000.00 $75,000.00 The fees herein are based on performing the services discussed in this proposal. The lump sum fee is based on the assumptions and conditions provided at the time of this proposal. Changes beyond the Scope of Work of this proposal will be charged in accordance with our current unit fee schedule or a revised proposal. The invoice will reflect the lump sum amount quoted herein. The fee is valid for 90 days from the date of this proposal and is based on the assumption that Terracon will perform only one visit to the project area. Terracon Consultants, Inc. - Vendor Services Agreement Page 13 of 15 EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY Terracon Consultants, Inc. 1801 Handley Ederville Rd. Fort Worth, TX 76118 Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Consultant and to execute any agreement, amendment or change order on behalf of Consultant. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Consultant. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Consultant. Consultant will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Consultant. Name: Beth Valenzuela Beth Vdenzudi 74 ar 12. 2026 13.35.53 CD I) Signature of President / CEO Title (if other): Department Manager Date: 03/12/2026 Terracon Consultants, Inc. - Vendor Services Agreement Page 14 of 15 EXHIBIT D STATE REQUIREMENTS Attachment D.1 Notwithstanding anything to the contrary in this Agreement, Consultant agrees to the following: (attached) Terracon Consultants, Inc. - Vendor Services Agreement Page 15 of 15 TEXAS HISTORICAL COMMISSION real places tellirr4 real shies ATTACHMENT D.1 ASSURANCES for CONSULTANTS, SUBRECIPIENTS, or SUBCONTRACTORS CITY OF FORT WORTH/PRESERVATION PLAN UPDATE Contract No. 808-25-251695 Child Support Obligation. Under Family Code § 231.006, the consultant, subrecipient, or subcontractor certifies that the individual or business entity named in this contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. A bid or an application for a contract, grant, or loan paid from state funds must include the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application. Discrimination Prohibited. The consultant, subrecipient, or subcontractor will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by or pursuant to the Department of the Interior Regulations (43 CFR 17) issued pursuant to that title, to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the consultant, subrecipient or subcontractor receives financial assistance from Department of the Interior, National Park Service (NPS), and hereby gives assurance that it will immediately take any measures to effectuate this agreement. This Assurance is given in consideration of and for the purpose of obtaining any and all federal grants, loans, contracts, property discounts, or other federal financial assistance extended after the date hereof to the consultant, subrecipient or subcontractor, including installment payments after such date on account of arrangements for federal financial assistance which were approved before such date. The consultant, subrecipient or subcontractor recognizes and agrees that such federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall reserve the right to seek judicial enforcement of this assurance. This assurance is binding on the consultant, subrecipient or subcontractor, its successors, transferees, and assignees, and the person or persons whose signature appear below are authorized to sign this assurance on behalf of the consultant, subrecipient or subcontractor. DI 1350 Addendum. The consultant, subrecipient or subcontractor agrees to comply with the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975 and all requirements imposed by or pursuant to these titles, to the end that, no person in the United States shall, on the grounds of age or handicap be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the consultant, subrecipient or subcontractor receives financial assistance from NPS, and hereby gives assurance that it will immediately take any measures to effectuate this agreement. 18 USC § 1913. No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, will be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to Members of Congress on the request of any Member of Congress, thorough the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. THC Contract No. 808-25-251695 Page 1 of 2 Attachment D.1 TEXAS HISTORICAL COMMISSION peal placer telling nzal .clones Whoever, being an officer or employee of the United States or of any department or agency thereof, violates or attempts to violate this section, shall be fined not more than $500 or imprisoned not more than one year, or both; and after notice and hearing by the superior officer vested with the power of removing him, shall be removed from office or employment. Qune 25, 1948, Ch. 645, 62 Stat. 792.) DI 1954. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion. Lower Tier Cover Transactions. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 43 CFR j 12.5.10, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulations are included in the proposal package. For further assistance in obtaining a copy of the regulations, contact the U.S. Department of the Interior, Acquisition and Assistance Division, Office of Acquisition and Property Management, 18' and C streets, N.W., Washington, D.C. 20240. 1. The prospective lower tier participant certified, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Records Retention. The consultant, subrecipient or subcontractor represents and warrants its compliance with the records retention requirements of 2 CFR § 200.333. The consultant, subrecipient or subcontractor shall maintain and retain all records relating to the performance of the grant including supporting fiscal documents adequate to ensure that claims for grant funds are in accordance with applicable State of Texas requirements. These records will be maintained and retained by the consultant, subrecipient or subcontractor for a period of seven (7) years after the grant expiration date or until all audit, claim, and litigation matters are resolved, whichever is later. The Commission reserves the right to direct a consultant, subrecipient or subcontractor to retain documents for a longer period of time or transfer certain records to Commission custody when it is determined the records possess longer term retention value. The consultant, subrecipient or subcontractor must include the substance of this clause in all subcontracts. State Auditor's Right to Audit. Pursuant to Texas Government Code § 2262.154, the state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under any contract or indirectly through a subcontract under the contract. The acceptance of funds by the consultant, subrecipient or subcontractor, or any other entity or person directly under the contract or indirectly through a subcontract under the contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, the consultant, subcontractor, or other entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. The consultant, subrecipient or subcontractor shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through the contract and the requirement to cooperate is included in any subcontract it awards. 03/12/2026 Beth Valenzuela Nar 12, 2026 13:35:53 CDT) Consultant/Subcontractor Date THC Contract No. 808-25-251695 Page 2 of 2 Attachment D.1 1/12/26, 3:38 PM M&C Review CITY COUNCIL AGENDA Create New From This M&C Official site of the City of Fort Worth, Texas �ORT� I1 06TEXAS HISTORICAL DATE: 9/16/2025 REFERENCE **M&C 25- LOG NAME: COMMISSION GRANT - NO.: 0833 PRESERVATION PLAN UPDATE CODE: G TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. (ALL) Ratify the Application for and Authorize Acceptance of a Grant and Execution of a Grant Agreement in an Amount Up to $37,500.00 with the Texas Historical Commission, with a Local Match in an Amount Up to $37,500.00, to Support the City of Fort Worth's Historic Preservation Plan Update; Authorize Transfers in an Amount Up to $9,035.89 from the Special Purpose Fund and an Amount Up to $8,464.11 from the Stormwater Capital Projects Fund for the City's Required Match; and Adopt Appropriation Ordinances RECOMMENDATION: It is recommended that the City Council: 1. Ratify the application for and authorize acceptance of a grant and execution of a grant agreement in an amount up to $37,500.00 with the Texas Historical Commission, with a local match in an amount up to $37,500.00, to support the City of Fort Worth's Historic Preservation Plan Update; 2. Authorize transfer in an amount up to $8,464.11 from the Stormwater Capital Projects Fund currently appropriated in grant project (City Project No. 102742) Fort Worth Historic Resources Survey for the purpose of transferring to the Grants Operating Federal Fund for a portion of the City's required match for the Texas Historical Commission Fort Worth Historic Preservation Plan Update grant; 3. Authorize transfer in an amount up to $9,035.89 from the Special Purpose Fund currently appropriated in special operating project (City Project No. S00084) Preservation Plan for the purpose of transferring to the Grants Operating Federal Fund for a portion of the City's required match for the Texas Historical Commission Fort Worth Historic Preservation Plan Update grant; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund, (1) in an amount up to $37,500.00, subject to receipt of grant, (2) in an amount up to $8,464.11, as a transfer from the Stormwater Capital Projects Fund grant project 102742 Fort Worth Historic Resources Survey as a portion of the City's match requirement, (3) in an amount up to $9,035.89, as a transfer from the Special Purpose Fund grant project S00084 Preservation Plan as a portion of the City's match requirement, and (4) in an amount up to $20,000.00 from available funds in grant project (City Project No.102742) Fort Worth Historic Resources Survey as a portion of the City's match requirement, for a total of an amount up to $75,000.00 for the purpose of funding the City of Fort Worth's Historic Preservation Plan Update grant. DISCUSSION: As a participating community in the Texas Historical Commission's (THC) Certified Local Government (CLG) program, the City of Fort Worth is eligible for grant funding for preservation -related projects tied to the THC's Statewide Preservation Plan. Fort Worth's first and only Preservation Plan was adopted in 2003, along with a historic context and list of goals. Since the adoption of the original plan, the City and community have achieved over 95\% of the original goals set out for its Preservation Program. The City is now at a crucial point, as it must chart a course for preservation over the next 10-15 years in response to massive population growth and development pressure within the inner core of Fort Worth. apps.cfwnet.org/council_packet/mc_review.asp?I D=33693&counciIdate=g/l6/2025 1 /3 1/12/26, 3:38 PM M&C Review The City has documented the need for this update in annual CLG reports as a goal for the past two years. In the 2022 CLG four-year review, the THC recommended that the City continue applying for CLG grants for preservation planning projects and "develop a plan outlining short and long term goals for how it will actively pursue designations; how it will ensure, to the maximum extent possible, public education and awareness in the Preservation Program; a rough timeline of when these improvements will be implemented; and who will be implementing these improvements (i.e. staff, volunteers, or a consultant). This plan may be a component of a citywide Preservation Plan or Comprehensive Plan." The City is dedicated to adhering to this recommendation and has made a concerted effort to apply for CLG grants to produce a City-wide historic context, survey plan, and several phases of the historic resources survey update. The new data from the survey updates and contexts have already shown that a more thorough Preservation Plan with new goals is crucial to managing growth and development pressures within historic and culturally significant areas of Fort Worth, focusing on protecting a diverse array of neighborhoods. The City applied to the Texas Historical Commission in the fall of 2024 for the City of Fort Worth's Historic Preservation Plan Update grant. Staff was notified via email on February 03, 2025, that the City's grant application was successful and the full amount requested ($37,500.00) was being awarded. This grant is a 1:1 matching grant; the City is also committing $37,500.00 to the grant project. The CLG Grant funds, in conjunction with the City's matching share, will be used to pay for a consultant to perform the next phases of the preservation plan update. The Texas Historical Commission administers the Texas CLG grant program utilizing federal funding it receives from the U.S. Department of Interior, National Park Service (NPS) Historic Preservation Fund Program. The City's matching funding will be provided from three sources. The first $20,000.00 is available in grant project (City Project No. 102742) Fort Worth Historic Resources Survey within the Grants Operating Federal Fund. These funds were transferred to the grant project from the Development Services Department General Fund budget per Mayor & Council Communication (M&C) 24-0835 in Fiscal Year 2024 for future phases of the Fort Worth Historic Resources Survey grant. The Development Services Department has determined these funds would be better utilized as a match on the City of Fort Worth's Historic Preservation Plan Update grant. The second $9,035.89 will be transferred from special operating project (City Project No.S00084) Preservation Plan within the Special Projects Fund. These funds were donated prior to and for the purpose of the first preservation plan which was adopted in 2003. The balance remaining will be used for this new preservation plan. The remaining $8,464.11 will be transferred from grant project (City Project No. 102742) Fort Worth Historic Resources Survey within the Stormwater Capital Projects Fund. These funds were transferred to the grant project from the Stormwater Utility Fund per M&C 20-0957 in Fiscal Year 2021 for phases of the Fort Worth Historic Resources Survey grant. These mitigation funds from the Central Arlington Heights Historic Preservation project are part of the mitigation of an adverse effect on an eligible National Register Historic District, and will be used for a range of mitigation measures including, but not limited to, paying a consultant to advance the next phases of the historic resources survey update. The Development Services Department has determined that a portion of these funds could be utilized as a match on the City of Fort Worth's Historic Preservation Plan Update grant. The objectives of the Preservation Plan Update are: a. To create a community -focused strategic update of the Preservation Plan that creates new goals and objectives to be achieved over the next 10-15 years; b. To create an accessible and educational document that provides a comprehensive framework for preservation programming throughout Fort Worth; c. To begin to address a key area (an over 20-year out-of-date preservation plan) identified in the 2022 four-year CLG review, which is an essential component of the City's Certification Agreement with the THC; and d. To utilize the product as part of an ongoing education and awareness initiative. Indirect costs do not apply under this agreement. The Grants Application Repository Number is GRNT APPL-0000000090. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current operating budget, as appropriated, in the Grants Operating Federal Fund. The Development Services Department (and apps.cfwnet.org/council_packet/mc review.asp?ID=33693&councildate=9/16/2025 2/3 1/12/26, 3:38 PM M&C Review Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being incurred, the Development Services Department has the responsibility to validate the availability of funds. This is a reimbursement grant. Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID I I ID I I Year Chartfield 2 Submitted for City Manager's Office by: Jesica McEachern (5804) Originating Department Head: D.J. Harrell (8032) Additional Information Contact: LaShondra Stringfellow (6214) Lorelei Willett (8015) ATTACHMENTS 06THC GRANT -PRESERVATION PLAN UPDATE - FID TABLE & FUNDS AVAILABILITY.xlsx (CFW Internal) Draft THC Contract.pdf (CFW Internal) FY2025 Certified Local Government Grant Request.pdf (CFW Internal) FY2025 CLG Grant Manual and Application FINAL.pdf (CFW Internal) ORD.APP 06TEXAS HISTORICAL COMMISSION GRANT - PRESERVATION PLAN UPDATE A025(r5).docx (Public) apps.cfwnet.org/council_packet/mc_review.asp?ID=33693&councildate=9/16/2025 3/3 FORTWORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Terracon Consultants, Inc. Subject of the Agreement Preservation Plan Update M&C Approved by the Council? * Yes 8 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No N If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If d fereni from the approval date. Expiration Date: December 31, 2027 If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes B No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.