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HomeMy WebLinkAboutContract 58611CSC No. 58611 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality ("CITY"), and Kimley-Horn and Associates, Inc. authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Bomber Spur Trail Phase I — Project No. 104345. Article I Scope of Services The Scope of Services is set forth in Attachment A. Negotiated changes to this Agreement, if any, are included in Attachment C. Article II Compensation The ENGINEER's compensation shall be in the amount up to $638,532.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. The ENGINEER shall provide monthly invoices to CITY. ENGINEER shall provide the CITY sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by ENGINEER of said payment shall release CITY from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of CITY in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. City of Fort Worth, Texas Bomber Spur Trail Phase I Standard Agreement for Engineering Related Design Services 104345 Revised Date: November 23, 2021 OFFICIAL RECORD Page 1 of 15 CITY SECRETARY FT. WORTH, TX Article IV Obligations of the ENGINEER A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of competent engineers. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth, Texas Bomber Spur Trail Phase I Standard Agreement for Engineering Related Design Services 104345 Revised Date: November 23, 2021 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. ENGINEER's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the contract documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract documents. City of Fort Worth, Texas Bomber Spur Trail Phase I Standard Agreement for Engineering Related Design Services 104345 Revised Date: November 23, 2021 Page 3 of 15 F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. City of Fort Worth, Texas Bomber Spur Trail Phase I Standard Agreement for Engineering Related Design Services 104345 Revised Date: November 23, 2021 Page 4 of 15 Business Equity Participation CITY has goals for the full and equitable participation of minority business and/or women business enterprises in CITY contracts greater than $100,000. In accordance with the CITY's Business Equity Ordinance No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in Chapter 20, Article X of the CITY's Code of Ordinances, as amended, and any relevant policy or guidance documents), the CITY has goals for the full and equitable participation of minority business and/or women business enterprises in CITY contracts greater than $100,000. ENGINEER acknowledges the MBE and WBE goals established for this contract and its execution of this Agreement is ENGINEER's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the ENGINEER may result in the termination of this Agreement and debarment from participating in CITY contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in City of Fort Worth, Texas Bomber Spur Trail Phase I Standard Agreement for Engineering Related Design Services 104345 Revised Date: November 23, 2021 Page 5 of 15 effect as of the time copying is performed. K. INSURANCE ENGINEER shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondent superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. City of Fort Worth, Texas Bomber Spur Trail Phase I Standard Agreement for Engineering Related Design Services 104345 Revised Date: November 23, 2021 Page 6 of 15 P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the CITY A. CITY -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. City of Fort Worth, Texas Bomber Spur Trail Phase I Standard Agreement for Engineering Related Design Services 104345 Revised Date: November 23, 2021 Page 7 of 15 F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of CITY, CITY hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. City of Fort Worth, Texas Bomber Spur Trail Phase I Standard Agreement for Engineering Related Design Services 104345 Revised Date: November 23, 2021 Page 8 of 15 I. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. City of Fort Worth, Texas Bomber Spur Trail Phase I Standard Agreement for Engineering Related Design Services 104345 Revised Date: November 23, 2021 Page 9 of 15 D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the CITY, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual City of Fort Worth, Texas Bomber Spur Trail Phase I Standard Agreement for Engineering Related Design Services 104345 Revised Date: November 23, 2021 Page 10 of 15 property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all CITY ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement City of Fort Worth, Texas Bomber Spur Trail Phase I Standard Agreement for Engineering Related Design Services 104345 Revised Date: November 23, 2021 Page 11 of 15 or any amendments or exhibits hereto. The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or more full time -employees and the contract value is $100,000 or more, the CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies City of Fort Worth, Texas Bomber Spur Trail Phase I Standard Agreement for Engineering Related Design Services 104345 Revised Date: November 23, 2021 Page 12 of 15 ENGINEER acknowledges that in accordance with Chapter 2274 of the Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), 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 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), 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 (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the City of Fort Worth, Texas Bomber Spur Trail Phase I Standard Agreement for Engineering Related Design Services 104345 Revised Date: November 23, 2021 Page 13 of 15 same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH Jesica McEachern Assistant City Manager Date: Dec 16 2022 °09 C �`8 0�10 ATTEST: L7g��e��e � Goo�gGG °a�a� aEaASd4� Jannette S. Goodall (Dec 16, 202216:40 CST) Jannette Goodall City Secretary APPROVAL RECOMMENDED: By. 49L Dave Lewis Acting Director, Park & Recreation Department BY: ENGINEER Kimley-Horn and Associates, Inc. Scott R. Arnold, P.E. Vise President Date: December 6, 2022 APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2022-932866 By: Jeremy Anato-Mensah Assistant City Attorney City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 14 of 15 M&C No.: 22-0944 M&C Date: 11/29/2022 Bomber Spur Trail Phase 1 104345 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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. Jing Yang Landscape Architect Manager Park & Recreation Department City of Fort Worth, Texas Bomber Spur T ail Phase I Standard Agreement for Engineering Related Design Services 104345 Revised Date: November 23, 2021 Page 15 of 15 ACITY COUNCIL AGEND Create New From This M&C Official site of the City of Fort Worth, Texas FLIRT WORTH REFERENCE **M&C 22- LOG 80BOMBER SPUR TRAIL PHASE I DATE: 11/29/2022 NO.: 0944 NAME: ENGINEERING SERVICES AGREEMENT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 3) Authorize Execution of an Engineering Services Agreement with Kimley-Horn and Associates, Inc., in the Amount of $638,532.00 for Engineering Related Professional Services for the Bomber Spur Trail Phase I Project (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize the execution of an engineering services agreement with Kimley-Horn and Associates, Inc., in the amount of $638,532.00 for engineering related professional services for the Bomber Spur Trail Phase I project (City Project No. 104345). DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an engineering services agreement with Kimley-Horn and Associates, Inc. (Kimley-Horn), in the amount of $638,532.00. Project scope includes the 100\% engineering design, environmental study, and construction administration services for the Bomber Spur Trail Phase I project. Bomber Spur Trail Phase I will begin at the intersection of SH 183 and Calmont Ave and continue south approximately 1.5 miles to cross US 377 / Camp Bowie. The trail alignment will be located within the abandoned Bomber Spur rail right-of-way and North Z. Boaz Park. This new trail will provide a significant link in the DFW Metroplex Veloweb system. Anticipated improvements include a 12-foot wide concrete paved trail, 3-foot wide shoulders on both sides of the trail, trail structures (pedestrian bridge, retaining walls, drainage structures, etc.), traffic control, interpretive signs and 911 location signs. In January 2020, the City of Fort Worth (CFW) partnered with Streams & Valleys, Inc. (SV) and North Central Texas Council of Governments (NCTCOG) for the development of the preliminary alignment study of Bomber Spur Trail South from the intersection of SH 183 and Calmont Ave to West Vickery Blvd along existing abandoned rail right-of-way (approximate 3.5 miles). Kimley-Horn was under contract with NCTCOG to perform this task and submitted the preliminary trail alignment study report in February 2021. Based on the study report, Bomber Spur Trail South was divided into 2 phases. Phase I is projected to start construction at the end of 2024. The total construction cost of Bomber Spur Trail South is estimated to be $10,000,000.00: $4,900,000.00 for Phase I and $5,100,000.00 for Phase II. This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). Kimley-Horn and Associates, Inc. is in compliance with the City's Business Equity Ordinance by committing to 11\% Business Equity participation on this project. The City's Business Equity goal on this project is 11\%. The Bomber Spur Trail Phase I project is located in COUNCIL DISTRICT 3. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2022 Bond Program Fund for the FY23 Bond Bomber Spur Trail I project to support the approval of the above recommendation and execution of the agreement. Prior to expenditures being incurred, the Park and Recreation Department has the responsibility to validate the availability of funds. Reference # Amount Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Jesica McEachern (5804) Originating Department Head: Dave Lewis (5717) Additional Information Contact: Joel McElhany (5745) ATTACHMENTS 221010 Comp memo 104345 Bomber Spur Phase 1 nw.pdf (CFW Internal) 80BOMBER SPUR TRAIL PHASE I ENGINEERING SERVICES AGREEMENT funds availabilitypdf (CFW Internal) 80Bomber Spur Trail Phase I Kimley Horn Engineering FID Table.xlsx (CFW Internal) BomberSpur Phase 1 Location Map.pdf (Public) Form 1295 Certificate.pdf (CFW Internal) ATTACHMENT "A" SCOPE OF SERVICES PART 1 - OVERALL PROJECT DESCRIPTION Bomber Spur Trail Phase I study area is within the City of Fort Worth (CITY) beginning at the intersection of SH 183 and Calmont Ave and continuing south approximately 1.5 miles to cross US 377 / Camp Bowie. The trail alignment will be located within the abandoned Bomber Spur rail right-of-way and North Z Boaz Park. The scope of work to be performed by the ENGINEER consists of preparing design development and final construction documents, environmental study and report for final environmental clearance, and opinions of probable construction costs (OPCC) at each milestone for Bomber Spur Trail Phase I. Phase I engineering design, environmental study, easement acquisition is solely funded by the CITY. Trail construction is funded by TxDOT and CITY. This new trail shall meet AASHTO design guidelines for bicycle facilities, be 12 feet wide, concrete paved, ADA accessible, and provide a significant link in the Metroplex Veloweb system. Anticipated improvements consist of: ■ Trail paving (12-foot-width concrete paved ADA accessible trail) ■ 3' wide shoulder on both side of the trail (properly graded shoulder with grass to be mowed on a regular base) ■ Trail structures (pedestrian bridge, retaining walls, and drainage headwalls, etc.) ■ Trail way finding signs ■ 911 location signs (signage to be designed as required and placed every'/4 mile along trail alignment) PART 2 - SCOPE OF SERVICES DESCRIPTION Basic scope of services of Phase I will consist of preparation of schematic design documents (30%), design development documents (60%), construction documents (90% & 100%), technical specifications (60%, 90% & 100%), permit assistance, bid assistance and construction administration. Task 1 - Coordination/Management/Communication A) ENGINEER will coordinate and facilitate coordination tasks with the CITY, Partner, Administrator, and other entities as necessary, including but not limited to, NCTCOG, TxDOT, utility companies, and local stakeholders. Attend up to ten (10) agency coordination meetings with the CITY, NCTCOG, TxDOT, utility companies and local stakeholders. Attachment A Scope of Services Bomber Spur Trail Phase I Date: 09.07.2022 Page 1 of 10 B) Attend the following meetings with the CITY to review project, schedule, deliverable, status reporting, community communication, and the construction. • One (1) project kick-off meeting. • Four (4) drawing deliverables review meetings (30%, 60%, 90% and 100%). • One (1) meeting with affected property owners (MAPO) by mail. • One (1) constructability review meeting in the field after 60% plans. C) Provide the CITY a one -page project status report along with the submittal of monthly invoices throughout the design and construction of the project. Task 2 — Boundary and Topographic Survey A) ENGINEER will, via a subconsultant: a. Research the subject property and all adjoining properties and obtain copies of plats, easements, and deeds. Prepare a working sketch to locate property corners and establish existing boundary/right-of-way/easement lines. b. Establish horizontal control for the project utilizing GPS RTK methodology. Horizontal control will be referenced to the Texas State Plane Coordinate System, NAD-82 (2011), North Central Zone (4202), and scaled to surface using a surface adjustment factor of 1.00012. Approximately fifteen (15) control points will be established along the project corridor. c. Establish vertical control for the project employing differential level loops. Vertical control will be based on GPS derived ellipsoid heights utilizing Geoid18 and adjusted to NAVD 88 elevations. Approximately four (4) benchmarks will be established along the project corridor. d. Provide a topographic/design survey of approximately 4,800 linear feet from Calmont Avenue to +/- 200 linear feet south of Camp Bowie Boulevard. The survey will consist of locating all existing features X, Y, and Z, such as water valves, water meters, curb and gutter, asphalt, sidewalks, fences, driveways, storm and sanitary sewer manholes with flow line elevations, inlets and storm drain outfalls with flow line elevations, , tops and toes of slope, power poles, mailboxes, signs, telephone risers, and any other above ground visible features. e. Deliverables will consist of a digital file in dwg or dgn format containing all features located in the field, one -foot interval contours and TIN, and a digital file containing existing boundary/right-of-way/easement lines. Other deliverables will consist of a copy of all field notes and drawings, a point file of all points located in the survey, and a LandXML file. Task 3 — Easement Acquisition Assistance A) Prepare proposed property/easement acquisition metes and bounds survey maps for temporary construction easement and permanent trail easement (11-inch x 17- inch sheet summarizing property/easement/ownership data and accompanying Attachment A Scope of Services Bomber Spur Trail Phase I Date: 09.07.2022 Page 2 of 10 map(s) indicating location and property boundary/easement limits) for up to four (4) properties. Task 4 — Geotechnical Survey Subsurface Drilling: A) Geotechnical ENGINEER will evaluate subsurface conditions with following borings (quantities to be recommended by ENGINEER): • Retaining wall borings • Shallow trail borings • Pedestrian bridge crossing boring Engineering Report and Recommendation: B) A geotechnical report will be prepared to present the results of the field and laboratory data together with analyses of the results and subgrade stabilization recommendations. Geotechnical ENGINEER will provide a PDF electronic copy of the report. The report will address: • Plan of borings, boring logs, water level observations, and laboratory test results. • Foundation recommendations for the proposed pedestrian bridge crossings. • Foundation recommendations for the short retaining walls. Global stability analyses have not been included for the short retaining walls. • Comments on the presence and effect of expansive soils on slab -on -grade construction will be provided. Alternative methods of reducing any anticipated shrink/swell movements associated with expansive clays will be included for slab -on grade construction. • Pavement subgrade stabilization recommendations. • Recommendations for site grading and compaction of earthwork will be presented. Task 5 — Construction Documentation ENGINEER will update previous schematic and submit to TxDOT for 30% design drawings. ENGINEER will deliver design drawings and OPCC documents at 60%, 90% and 100% milestones, and specifications at 60%, 90% and 100% milestone to the CITY on the dates set before on project schedule. Drawing sheets and specifications shall use format provided by TxDOT. Design documents should include each of the anticipated improvements identified in PROJECT DESCRIPTION section. Design for all improvements shall follow current TxDOT and CITY design standards, and AASHTO design guidelines for bicycle facilities unless directed otherwise by TxDOT and CITY. Besides the anticipated improvements mentioned below, ENGINEER's design plans shall also contain the following base information: • Project name, street address, and lot and block description. Attachment A Scope of Services Bomber Spur Trail Phase I Date: 09.07.2022 Page 3 of 10 • Date, scale, north point, and the names, addresses, and telephone numbers (if readily available) of each property owner and the person preparing the plan. • Location of existing boundary lines and ROW (with proposed property/easement acquisitions marked and with ownership data summary table on each sheet). • Approximate centerlines of existing water courses and the location of the flood plain; the approximate location of significant drainage features; and the location of existing and proposed streets and alleys, driveways, and sidewalks on or adjacent to the lot. • Location of centerlines of overhead and underground utility lines within and adjacent to the site, and the location of all utilities, utility easements, including the location of utility poles, generators, and equipment. ENGINEER's design plans shall be suitable for use in 22-inch x 34-inch and 11-inch x 17-inch format with black and white line work and with screened -back black and white (gray -tone) aerial photo background in the overall site plan. ENGINEER shall provide CITY with PDF files at each milestone submittal, three (3) hardcopies (1 full-size and 2 half-size for plan sets) and CAD files at final construction set submittal. ENGINEER shall, at request of CITY, transmit to CITY electronic copies of ENGINEER work product components including data, photos, images, text, designs, and cost opinions for project -related use by CITY including project budgeting and project coordination/communication. After each milestone review, ENGINEER shall update design drawings and OPCC incorporating input from CITY and TxDOT and provide formal response to the comment for CITY record. A) 60%, 90% and 100% Construction Documents ENGINEER's construction drawings will consist of the following sheets, in order shown below: • Cover sheet (1 sheet) • General notes sheet (1 sheet) • Preliminary Summary of quantities sheet (1 sheet) • Overall site plan (with key map and references to plan sheets as noted below, 1 sheet) • Protected tree removal and site demolition plans (protected tree removal schedules and tree protection fence location; as described above, number of sheets per item as required for scalable legibility in half-size sheet format). • Layout and materials plans (trail center line station number coordinate point schedule, locations of other improvements, materials call out, general dimensions of improvements and landscape buffers). • Grading plans (1-foot interval contour lines showing grading of trail, shoulder, and affected areas; spot elevations at critical places such as top of retaining wall) (only apply to 60%, 90% and 100%). • Planting plans (complete description of new plant materials, including names locations, quantities, and sizes at installation, heights, spread, and spacing. Only apply to 60%, 90% and 100%). Attachment A Scope of Services Bomber Spur Trail Phase I Date: 09.07.2022 Page 4 of 10 Plan enlargements and trail profile sections (only apply to 60%, 90% and 100%). Pedestrian bridge and retaining wall layout plans. Pedestrian bridge design (only apply to 60%, 90% and 100%): ENGINEER will prepare structural calculations and construction plans for one proposed pedestrian bridge. The pedestrian bridge is anticipated to be a prefabricated steel truss with a 16-foot wide trail. The pedestrian bridge will utilize existing foundations from the previously removed railroad bridge at the project location. Structural improvements are not anticipated within the roadway right-of-way other than the pedestrian bridge clear span over the roadway. Pedestrian bridge design will consist of: o Pedestrian bridge plan and profile sheet o Bridge foundation modification plans, consisting of: ■ Proposed anchor bolts ■ Proposed wingwall modifications ■ Proposed approach slab and/or connection to proposed trail o Proposed railing at pedestrian bridge approach o Pedestrian bridge performance specifications • Retaining Wall Design (only apply to 60%, 90% and 100%): ENGINEER will prepare structural calculations and construction plans for up to four (4) wall locations. Proposed wall locations are at the northern and southern approaches to the pedestrian bridge crossing. One retaining wall on each side of the bridge is anticipated to be a "cut" into the existing abandoned rail embankment. The other retaining wall on each side of the bridge is anticipated to be a typical cantilever retaining wall between the proposed trial connections and existing grades. Cut walls are anticipated to utilize soil nails or other shoring methods to stabilize the excavation. Retaining wall design will consist of: o Retaining wall plan and profile sheets o Retaining wall details, consisting of: ■ Standard or custom structural details ■ Backfill and drainage system details ■ Handrail details ■ Aesthetic details • Erosion control plans. • TxDOT Stormwater Pollution Prevention Plan (SWPPP) summary sheets. • Traffic control plan and detours (only apply to 60%, 90% and 100%). • Engineering and landscape details (only apply to 60%, 90% and 100%). • 911 Location Signs: ENGINEER shall design the 911 signs based on the standards provide by CITY. ENGINEER shall also show the location of the signs on the plans and provide the coordinate points of signs in a schedule. 911 signs should be located along the entire length of the trail at 1/4-mile interval (Only apply to 60%, 90% and 100%). Attachment A Scope of Services Bomber Spur Trail Phase I Date: 09.07.2022 Page 5 of 10 Construction -site temporary elements plan (access points, circulation routes, equipment and material storage locations, and project sign locations, only apply to 60%, 90% and 100%). Technical specifications for all site improvements following TxDOT standards (Only apply to 60%, 90% and 100%). ENGINEER's 100% construction drawings will consist of a sealed and signed construction document package (both hardcopy and electronic version) for bid. ENGINEER shall incorporate any remaining comments from CITY regarding 90% construction document package before the final submittal of 100% package. B) Cost Estimates ENGINEER shall provide an OPCC at each of the delivery milestone as described above. ENGINEER's opinion of probable construction cost shall be based on the quantities indicated on the ENGINEER's plans and on unit prices current at the time of the cost opinion preparation. Because the ENGINEER does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The ENGINEER cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. Task 6 — Environmental Study Categorical Exclusion (CE) Documentation ENGINEER shall perform the following studies related to environmental process for Categorical Exclusion (CE) documentation required by TxDOT since federal funds will be used for the construction of this project. An environmental review and appropriate documentation are required for the proposed project in accordance with the National Environmental Policy Act (NEPA) of 1969 and the Council on Environmental Quality (CEQ) Regulations, 23 Code of Federal Regulations (CFR) Part 771, and 43 Texas Administrative Code JAC) Chapter 2, Subchapter C. The scope of work should assume that the proposed improvements would meet the requirements of 23 CFR 771.117, Categorical Exclusions. The environmental process will follow guidance published by TxDOT regarding CE determinations. The project is assumed to be considered a "c-list" CE project based on 23 CFR 771.117(c)(3) Construction of bicycle and pedestrian lanes, paths, and facilities. In the event it is determined by TxDOT that a CE is not the appropriate level of documentation for the project, ENGINEER will notify the CITY and a supplemental scope of work will be prepared to allow completion of other suitable documentation. The following tasks will be necessary to receive a CE determination from TxDOT. A) Coordination/Administration and Quality Assurance/Quality Control ENGINEER shall be responsible for directing and coordinating activities associated with the environmental services, including necessary coordination with local and/or state agencies. Appropriate communication will be maintained between ENGINEER and the CITY. Attachment A Scope of Services Bomber Spur Trail Phase I Date: 09.07.2022 Page 6 of 10 ENGINEER shall conduct quality assurance/quality control reviews for all draft and final deliverables throughout the duration of the project. B) Project Scoping The purpose of this task is to provide scoping documentation to TxDOT to initiate the CE process and identify the technical studies that will be required for the project. ENGINEER shall obtain digital environmental information available from appropriate local, state, and federal agencies. Data collected through this task will be stored in Geographic Information System (GIS) format. ENGINEER shall complete a Project Description Form and Work Plan Development 1 and 2 ECOS Screens (collectively known as the Scoping Documents) and submit to TxDOT. The following resources will be addressed in the Scoping Documents: • Air Quality • Cultural Resources • Community Impacts • Biological Resources • Water Resources • Hazardous Materials • Traffic Noise • Section 4(f) & Section 6(f) • Parks and Wildlife Code, Chapter 26 • Natural Resources Code, Chapter 183 • Public Involvement C) Technical Reports The purpose of this task is to prepare resource agency coordination requests and technical reports for resources that require additional assessment as defined in the Scoping Documents. The documentation and technical reports shall be submitted to TxDOT Fort Worth District and revised in accordance with comments received from TxDOT. It is anticipated that the following technical reports will be necessary to environmentally clear the project: • Archeological Resources Background Study • Biological Resource Deliverables: o Species Analysis Spreadsheet (pdf and the Macro -enabled Excel file) o Species Analysis Form (pdf) o USFWS IPaC Official Species List with the access date in the filename (pdf) o TPWD RTEST with the access date in the filename (pdf) o NDD figure and Element Occurrence Records with access date in the filename (pdf) o All supporting documents in a single pdf — includes project location, topo, aerial(s), EMST, Observed Veg, EMST/Veg Impacts table, photos, a complete species impact table that includes SGCNs that were assessed, soils report, etc. o EMST Excel spreadsheet • Water Resource Deliverables Attachment A Scope of Services Bomber Spur Trail Phase I Date: 09.07.2022 Page 7 of 10 o Surface Water Analysis Form o Delineation Report o Section 404/10 Impacts Form • Hazardous Materials Initial Site Assessment • Historic Resources Project Coordination Request • Section 4(f) Exception or De Minimis Determination • TPWD Chapter 26 Checklist D) Historic Resources Survey and Reporting: The applicability of this task will be determined after completion of the Historic Resources Project Coordination Request Technical Report. Per the stipulations of the 2015 Programmatic Agreement Among the Federal Highway Administration, the Texas Department of Transportation, the Texas State Historic Preservation Officer, and the Advisory Council on Historic Preservation Regarding the Implementation of Transportation Undertakings, the proposed improvements have the potential to affect historic properties. Therefore, a historic resources survey may be required. If required after TxDOT review of the Project Coordination Request, ENGINEER historians would conduct a reconnaissance -level historic resources survey. The historic resources survey would include an assessment of the effects the proposed project may have on any properties determined to be eligible for NRHP listing. The historic resources survey would be conducted in accordance with TxDOT's Documentation Standards for Reconnaissance Surveys and would include preparation of a research design. This scope includes documentation of up to 25 historic -age resources. Attachment A Scope of Services Bomber Spur Trail Phase I Date: 09.07.2022 Page 8 of 10 F) Environmental Permits, Issues, and Commitments (EPIC) Sheet An environmental permits, issues, and commitments (EPIC) design sheet shall be prepared and submitted to TxDOT and revised in accordance with comments received from TxDOT. Task 7 — Construction Administration A) Bid and Negotiation Upon the completion of final construction documents, ENGINEER shall process to assist CITY in the selection of qualified contractor to complete the project. ENGINEER's tasks are as follows: • Attend pre -bid meeting in support of the CITY; • Prepare and submit written responses to bidder requests for information (RFI's). Preparation of any addenda to the Contract Documents as may be required during the bidding process; • Propose and/or evaluate value engineering with respect to cost implications and effect on quality and/or scope of the work; and • Evaluation and assessment of bids, and prepare the bid tabs. This task assumes project is bid only one time. B) Construction Administration • Attend one pre -construction meeting in support of the CITY; • Review shop drawings (up to five) and contractor submittals as they relate to the overall site development and general conformance of the design as set forth by the contract documents; • Assist in the review of substitutions, contractor schedule reports and pay requests; • Attend bi-weekly online meetings (up to 30 meetings) during construction phase of the project; • Perform up to three required site visit and provide a written report of each site visit; • Participate in final walk-through, keep notes, and provide a punch list of construction items requiring corrective action prior to the contractor's final pay request and CITY's acceptance; • Determine and certify substantial completion. Sign and seal Construction Completion Certification (certification shall be executed on a form provided by the TxDOT). Attachment A Scope of Services Bomber Spur Trail Phase I Date: 09.07.2022 Page 9 of 10 Site visits will not be exhaustive or extend to every aspect of Contractor's work, but will be limited to spot checking, and similar methods of general observation. Based on the site visits, ENGINEER will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Document and keep CITY informed of the general progress of the work. ENGINEER will not supervise, direct, or control Contractor's work, and will not have authority to stop the Work or responsibility for the means, methods, techniques, equipment choice and use, schedules, or procedures of construction selected by Contractor, for safety programs incident to Contractor's work, or for failure of Contractor to comply with laws. ENGINEER does not guarantee Contractor's performance and has no responsibility for Contractor's failure to perform in accordance with the Contract Documents. ENGINEER is not responsible for any duties assigned to it in the construction contract that are not expressly provided for in this Agreement. Task 8 — Miscellaneous Tasks A) Drainage Check List CITY Stormwater division will require the submittal of Drainage Check List to demonstrate proposed trail's impact on the drainage pattern of surrounding area. An additional H&H study may be required per future CITY Stormwater comment and will be negotiated separately. B) State Accessibility Plan Review Upon completion of 100% Plan submittal, the ENGINEER shall submit plans and specifications to a Registered Accessibility Specialist (RAS) for review. ENGINEER will coordinate and pay for TDLR review. PART 3 — PROJECT SCHEDULE ENGINEER shall submit project schedule for CITY review and approval. Anticipated construction letting date is in March, 2024. Attachment A Scope of Services Bomber Spur Trail Phase I Date: 09.07.2022 Page 10 of 10 ATTACHMENT "B" COMPENSATION The services of Bomber Spur Phase I described in Attachment A Scope of Services shall be provided for a total lump sum fee of $638,532.00 The ENGINEER reserves the right to reallocate budgets amongst tasks. The overall fee total shown shall not be exceeded without prior written authorization from the CITY. All permitting, application, and similar project fees will be paid directly by the CITY. Payment for the services of Phase I described in Attachment A Scope of Services shall be invoiced to the CITY on a monthly basis, based upon percentage completed for each task. ENGINEER shall provide the CITY a one -page project status report along with the submittal of monthly invoice throughout the design and construction of the project Below is a fee breakdown by task for the services of Phase I described in Attachment A Scope of Services: Task Task 1 - Coordination/Management/Communication Task 2 - Boundary and Topographic Survey Task 3 - Easement Acquisition Assistance Task 4 - Geotechnical Survey Task 5 - Construction Documentation Task 6 - Environmental Study Task 7 - Construction Administration Task 8 - Miscellaneous Tasks Reimbursable Expenses Total Lump Sum Fee Attachment B Compensation Bomber Spur Trail Phase I Date: 09.07.2022 Page 1 of 1 Fee $ 54,025 $ 43,354 $ 25,760 $ 12,994 $ 364,530 $ 73,364 $ 53,005 $ 6,500 $ 5,000 $ 638,532 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Bomber Spur Trail Phase I City Project No. 104345 No change to the Standard Agreement City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page I of I ■■■■■■■ ■■■■■■■■■■■■■■■ ■■■■■■■■■ =■■EMI■■■ ■■■■■■■■■■■■■■■ ■■■■■■■■■ ■■■■■■■■■■■■■■■ ■■■■■■■■■ n■■E■■■■ ■■EMI■■■ ■■■■■■■■■■■■■■■ ■■■■■■■■■ ■■■■■■■■■■■■■■■ ■■■■■■■■■ ®■■EMI■■■ •■■■■■■■ ■■■■■■■■■■■■■■■ ■■■■■■■■■ ■■■■■■■■■■■■■■■ ■■■■■■■■■ m■■E■■■■ ■■EMI■■■ ■■■■■■■■■■■■■■■ ■■■■■MIN■■ ■■■■■■■ ■■■■■■■■■■■■■■■ ■■■■■[:■■ ■■■■■■I■■ ■■■■■■■ ■■■■■■■■■■■■■■■ ®■■■■■■■ ■■■■■■■■■■■■■■■ ■■■■■■I■ ■■■■■■I■ ■ ■ ■■■■■■■ ■■■■■■■■■■■■■■■ '®■■■■■■■ ■■■■■■■■■■■■■■■ ■■■■■■I■ ■■■■■■I■ ■ ■ ■■EMI■■■ ■■■■■■■■■■■■■■■ n■■E■■■■ ■■■■■■■■■■■■■■■ ■■■■■■I■ ■■■■■■I■ ■ ■ ■■EMI■■■ ■■■■■■■■■■■■■■■ M■■E■■■■ ■■■■■■■ ■■■■■■■■■■■■■■■ ■■■■■■I■ ■■■■■■I■ ■ ■ ■■■■■■■■■■■■■■■ n■■E■■■■ ■■■■■■■■■■■■■■■ ■■■■■■I■ ■■■■■■I■ ■ ■ ■■EMI■■■ ■■■■■■■■■■■■■■■ OMMEMEME MONEEMEMEMEN��� ■■■■NEEMIN 0 M■E■NEEMIN M ��� MONEEMEMEMEN�M� ■■■■■■■ ■■■■■■■■■■■■■■■ ■■■■■■I■ ■■■■■■I■ ■ ■ ■MINE ■■EMI■■■ ■■■ ■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■ ■■■■■■I■ ■■■■■■I■ ■ ■ ■■■■■■■ ■■■■■■■■■■■■■■■ ®■■EMI■■■ ■■■■■■■■■■■■■■■ ■■■■■■I■ ■■■■■■I■ ■ ■ ■■EMI■■■ ■■■■■■■■■■■■■■■ m■■E■■■■ ■■■■■■■■■■■■■■■ ■■■■■■I■ ■■■■■■I !■■ ■■■■ ■■■SEMEN MEMO ■■■■■ ■ ■ ■■EMI■■■ ■■■■■■■■■■■■■■■ s■■E■■■■ ■■■■■■■■■■■■■■■ ■■EMI■■■ ■■■■■■■■■■■■■■■ ®M01�0111M MONEEMEMEMENEEN -®■■EMI■■■ ■■■■■■■■■■■■■■■ I ■■■■■■■■ I ■■■■■■■■ ■■EMI■■■ ■■■■■■■■■■■■■■■ nONEEMEN MONEEMEMENEENE■ ■E■NEEMENE ■■EMI■■■ ■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■ ■■■■■■■■■ ■■■■■■■■■ IONEEMEN MEIN■■■■ ■■EMI■■■ ■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■ ■■■■■■■■■ ■■■■■■■■■ lONEEMEN MONEEMEMENEENE M■E■NEEMENE IMEMEMEN :lommmmmmmmmmm■■ M■E■NEEMENE =■■EMI■■■ ■■IN■■■■ I■■■■■ I■■■■■ ■ ■■■■ ■■■■ ■ ■■ ■■■■■■■■■ ■■■■■■■■■ M■■E■■■■ MEIN■■■■ I■■■■■ I■■■■■ ■ ■ ■■■■ ■■■■ ■■ ■■ ■■■■■■■■■ ■■■■■■■■■ ®■■EMI■■■ ■■EMI■■■ I■■■■■ I■■■■■ ■ ■ ■■■ ■■■ ■■■ MEIN ■■■■■■■■■ ■■■■■■■■■ m■■E■■■■ ■■EMI■■■ I■■■■■ I■■■■■ ■ ■ ■■■ ■■■ MEIN MEIN ■■■■■■■■■ ■■■■■■■■■ DOE■■■■■ ■■■■■■■ I■■■■■ I■■■■■ ■ ■ ■■■ ■■■ ■■■ ■■■ ■■■■■■■■■ ■■■■■■■■■ MEN EEMEEEE ME I■■■■■ TININESS ■ E M■ ME ■■■■ MEEE ■■■■■■■■■ MENEEMENE _ ■■IN■■■■ ■■MINI■■ I■■■■■ MEOEM M ■ ■ ■ EEEE ME■E MENEEMENE MENEEMENE n■■E■■■■ ■■EMI■■■ I■■■■■ I■■■■■ ■ ■ ■ ■ ■■■■■ ■■■■■ ■■■■■■■■■ ■■■■■■■■■ - m■■E■■■■ INN■ENE■ I■■■■ INEEN ■ M ■■■■■■■ M■■EEME ■■■■■■■■■ M■■MENNEN n■■MIENEM M■IN■MEN IEEE IEEE M M M M ■MENNEN ■M■MMEN MENEEMENE MENEEMENE ®MM■MMME I■■■ M M ME■NEEN MEMMMMMMM IMEMEME� INS OMEN MENNEEN MENEEMENE 1■■IN■■■■ ■■E■■■■ I■■ I■ OMEN ■■■■■ ■■■■■■■ ■■■■■■■ ■■■■■■■■■ ■■■■■■■■■ B■■E■■■■ ■■EMI■■■ I■ I ■■■■■ ■■■■■ ■■■■■■■ ■■■■■■■ ■■■■■■■■■ ■■■■■■■■■ •®■MIL:■■■ ■■■I■■■ ■■■■■■■■■■■■■■■ ■■■■■■■■■ ■■■■■■■■■■■■■■■ ■■■■■■■■■ or. �■ ®■I 1 I ■I ME 0 IEEE ■ I■ ■I■ ■I MEN ■ ■■ ■■ MONEEMEN MENEEMENE ■■■■■■■■■■■■■■■ ■■■■■■■■■ ■■■■■■■■■■■■■■■ ■■■■■■■■■ ■■■■■■■■■■■■■■■ ■■■■■■■■■ ■■■■■■■■■■■■■■■ ■■■■■■■■■ -MEN EMEN ■ ■■■■■■■■■■■■■■■ ■■■■■■■■■ ME MEN ■■■■■■■■■■■■■■■ ■■■■■■■■■ 1■■E■■■■ ■■IN■■■■ ■■■■■■■■■■■■■■■ ■■■■■■■■■ ■■■■■■■■■■■■■■■ ■■■■■■■■■ OMEN ■■■■■■■■■■■■■■■ ■■■■■■■■■ mom ME OMEN ■■■■■■■■■■■■■■■ ■■■■■■■■■ ME OMEN ■■■■■■■■■■■■■■■ ■■■■■■■■■ ■■IN■■■■ ■■■■■■■■■■■■■■■ ■■■■■■■■■ ■■EMI■■■ ■■■■■■■■■■■■■■■ ■■■■■■■■■ ME OMEN ■■■■■■■■■■■■■■■ ■■■■■■ ■■IN■■■■ ■■■■■■■■■■■■■■■ ■■■■■� ATTACHMENT "E" LOCATION MAP Calmont Avenue Crossing w J w x U 80 / Camp Bowie -� carwP gpEST WoesCPOSSI f �lE W 580 US 377 / Camp Bowie / Boulevard Bridge Crossi I I i-------------1 z LU w Of CD SS 580 / Camp Bowie West Boulevard to Calmont Avenue ie Blvd p Bowie West Future Extension of Bumber SpurTrail 183 ROCKMOOR Moms Berney - Park Ridglea'Hills Park J� R1VER PARK rR Client#: 25320 ATTACHMENT 7" KIMLHORN DATE (MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 3/28/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NANTACT ME: Jerry Noyola Greyling Ins. Brokerage/EPIC PHONE 770-220-7699 FAX A/C, No, Ext : A/C, No): 3780 Mansell Road, Suite 370 E-MAIL no oa re Il ADDRESS:er ry• l@g n y • y g•com Alpharetta, GA 30022 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: National Union Fire Ins. Co. 19445 INSURED INSURER B : Allied World Assurance Company (U.S.) 19489 Kimley-Horn and Associates, Inc. INSURER C : New Hampshire Ins. Co. 23841 421 Fayetteville Street, Suite 600 INSURER D : Lloyds of London 085202 Raleigh, NC 27601 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 22-23 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GL5268169 4/01/2022 04/01/2023 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR PREMISES EaoccurrDence $500,000 X MED EXP (Any one person) $25,000 Contractual Liab PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY X JECT X LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OPAGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY CA4489663 4/01/2022 04/01/202 Ea acccidentSINGLE LIMIT 2,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY B X UMBRELLA LIAB X OCCUR 03127930 04/01/2022 04/01/2023 EACH OCCURRENCE s5,000,000 AGGREGATE s5,000,000 X EXCESS LIAB CLAIMS -MADE DIED I X RETENTION $1 O 000 $ C C WORKERS COMPENSATION YIN AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) N / A WC015893685 AO) S ( WC015893686(CA) 4/01/2022 4/01/2022 04/01/202 04/01/202 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 D Professional Liab B0146LDUSA2204949 4/01/2022 04/01/202 Per Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: All Projects. The City of Fort Worth, its employees, officers, officials, agents & volunteers are named as Additional Insureds with respects to General & Automobile Liability where required by written contract. The above referenced liability policies with the exception of workers compensation & professional liability are primary & non-contributory where required by written contract. Retroactive Date: 10/02/1967. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Fort Worth 200 Texas Street Fort Worth, TX 76102-0000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE _ / v ACORD 25 (2016/03) 1 Of 2 #S3183446/M3180884 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD JNOY1