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Contract 56275
CSC No.56275 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"), fora PROJ ECT generally described as: Multimodal Transportation Plan. 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 $249,630 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT,to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any actor 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 Standard Agreement for Engineering Related Design Services Revised Date:July01,2021 Page 1 of 14 OFFICIAL RECORD 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 a competent engineer. 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 matte. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJ ECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of fort worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:J my t31,2021 Page 2 of 14 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'spersonnel 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 familiarwith 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 ENGINEERshall informthe 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. F. Opinions of Probable Cost, Financial Considerations,and Schedules City of Fort VUbrth,Texas Standard Agreement for Engineering Related Design Services Revised Date:July01,2021 Page 3 of 14 (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 factorsthat may materially affectthe 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 PROJECTwasfinally constructed. The ENGINEER is not responsible forany errors or omissions in the information from others that is incorporated into the record drawings. 1. Business Equity Participation City of Fort Worth,Texas Standard Agreement for Engineering Related Resign Service Revised Date:July 01,2021 Page 4 of 14 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 (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 effectthatthe subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of For Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:July01,2021 Page 5 of 14 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 respondeaf 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, director 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 complywith 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. P. Schedule City of turf Worth,Texas Standard Agreement fcr Engineering Related Design Services Revised Date;July01,2021 Page 6 of 14 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 forall 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 forall 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 CITYwill examinethe ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:July01,2021 Page 7 of 14 (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. I. Litigation Assistance City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:Juiy 01,2021 Page 8 of 14 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'ssole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. D. Termination City of Fort Worth,Texas Standard Agreement for Engineering Related design Services Revised Date:July 01,2021 Page 9 of 14 (1) This AGREEMENT maybe 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 fortermination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or otherforms of ENGINEER'S work product; b.) The reasonable time requirements forthe 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 ENGINEERS 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 extentthatthe damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failureto pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Data:July01,2021 Page 10 of 14 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 forany litigation related to this AGREEMENT shall be Tarrant County, Texas. I. Severabitiity and Survival If any of the provisions contained in this AGREEM ENT 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 AGREEMENTfor any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation,whether it be by itself or its employees. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of C ITY's or ENGINEER's respective right to insist upon appropriate performance or City of For Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:July01,2021 Page 11 of 14 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 acknowledges that in accordance with Chapter 2271 of the Texas Government Code, 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 ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. City of fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:J my 01,2021 Page 12 of 14 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER Kimley-Horn and Assoicates, Inc. — gGc�7 Dana Burghdoff — f4 Assistant City Manager Scott R. Arnold, P.E., PTOE Vice President Date: Date: Nugust 25, 2021 APPROVAL RECOMMENDED: By: William M. Johnson Director, Departement of Transportation and Public Works 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. &��&Ok,04eq Rajnish Gupta, P.E., PTOE City Traffic Engineer APPROVED AS TO FORM AND LEGALITY Bv: Ala/.r. Douglas W. Black Assistant City Attorney ppFFOR t ATTEST: a�o° °°%0 0 Form 1295 No.2021-780119 °° 21-0607 Ronald P. Gonzales �0 *�00 o M&C No.: Acting City Secretary ����� ExAsa� 8/24/21 _ M&C Date: City of Fort Atbrlh,Texas Standard Agreement for Engineering Related Design Services Revised Dale:July01,2021 Page 14 of 14 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment - 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 City of Fort Mrth,Texas Standard Agreement for Engineering Related Deaigo SeNces Revised Data:July 01,2021 Page 13 of 14 FORT WORTH, ATTACHMENT "A" Multimodal Transportation Study The scope set forth herein defines the work to be performed by the ENGINEER in completing the project, Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE Since 1971, City Hall has been located downtown, but now is relocating to the old Pier 1 Headquarters. The existing and proposed City Hall locations have a noticeable difference in multimodal connections. This projectwill conduct a multimodal transportation infrastructure assessment study to improve ADA accessibility, access to transit, vehicular, pedestrian and bicycle safety. The study will be used as a roadmap for future infrastructure improvements. Study Area road segments are.- 1. Forest Park Blvd —West 1 Oth Street to North Lexington Street 2. West 5th St — Forest Park Blvd to Henderson Street 3. Summit Ave—West 7th Street to North Lexington Street 4. West 7th St— End of West 7th Street Bridge/Fournier Street to Henderson Street Along with the corridor segments identified above, the following intersections will be included in the study: • Forest Park Boulevard/Belknap Street/West Weatherford Street • Forest Park Boulevard/Purcey Street/West Bluff Street • W Belknap Street/North Lexington Street • Forest Park Boulevard/West 51h Street • Forest Park Boulevard/West 1 pth Street • Summit Avenue/Pier 1 Place • Summit Avenue/West 5th Street • Peir1/West 5th Street • Penn Streeet/West 5th Street • Fahey Street/West 5th Street • Lexington Street/West 51h Street • North Henderson Street/West5thStreet • Fournier Street/West 7th Street • Penn Street/West 71h Street • Summit Avenue/West 7th Street • Ballinger Street/West 7th Street • Collier Street/West 7th Street • Henderson Street/West 71h Street City of Fort V4brth,Texas AttachmentA PMO Release Data 07.23.2012 Page 1 of 9 FORT WORTH:: WORK TO BE PERFORMED Task 1. Project Management and Coordination Task 2. Stakeholder Meetings Task 3. Data Collection Task 4. Analysis and Evaluation Task 5, Basic Concepts and Alternative Analysis Task 6. Plan Development Task 7. Implementation Plan 1 Report TASK 1. PROJECT MANAGEMENT AND COORDINATION ENGINEER will manage the work outlined in this scope to ensure efficient an d effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1 Team Management • Lead, manage, and direct team activities. • Ensure Quality Control 1 Quality Assurance (QCIQA) is practiced in performance of the work. • Communicate internally among team members. • Task and allocate team resources. 1.2 Communications and Reporting • Prepare and submit monthly invoices, in accordance with Attachment B to this Standard Agreement, in the format requested by the CITY. • Prepare and submit monthly project status reports in the format provided by the respective Transportation and Public Works Department. • Prepare and submit baseline project schedule initially, and project schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement in compliance with the CITY's Specification 00 31 15 entitled Engineer Project Schedule. 1.3 Progress Meeting • ENGINEER will attend up to five (5) progress meetings with the CITY to review progress, provide updates, and receive feedback on the work. ASSUMPTIONS • Project is anticipated to take six(6) months. • ENGINEER will prepare meeting materials. crry of Fort Worth,rexes Page 2 of 9 AttachmentA PMO Release Date 02.05.2016 Page 2 of 9 FORT WORTH- DELIVERABLES A. Baseline project schedule. B. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes. C. Monthly project status reports. Meeting summaries with action items. TASK 2. STAKEHOLDER MEETINGS 2.1 Stakeholder Meetings • ENGINEER will facilitate three (3) stakeholders meetings (determined by the CITY)to provide support and receive feedback on the proposed study recommendations and implementation plan ASSUMPTIONS • ENGINEER will prepare all meeting materials. • Meetings will be in person. DELIVERABLES A. Materials for Stakeholder Meetings. B. Meeting Notes for Stakeholder Meetings. TASK 3. DATA COLLECTION 3.1 Base Mapping • ENGINEER will use aerials to develop a GIS base map for the four(4)corridors of interest. These base maps will be the foundation forthe field verification and will include locations of existing/missing sidewalks, bicycle facilities, bus stops, crosswalks, curb ramps, driveways, wayfinding locations, and other infrastructure that will impact multimodal transportation. 3.2 Review Existing Plans • ENGINEER will review the following documents to better understand their impact to the study area— Master Thoroughfare Plan (MTP), Active Transportation Plan (ATP), Complete Streets Policy, Downtown Fort Worth Plan 2023, Trinity River Strategic Master Confluence Plan, and ADA/ PROWAG accessibility requirements. ENGINEER will summarize the documents' impact on the study roadways. 3.3 Collect Traffic Data • ENGINEER will collect traffic data at up to six (6) midblock locations and up to sixteen (16) intersections (12 hours). For midblock locations, the traffic data will include 24-hour vehicle classification and speed counts.This data will help inform our team of the f uture cross section needs. The intersection counts will be turning movement counts and will be used to develop intersection layouts. CITY of Fort worth,Texw Page 3 of 9 AttachmentA PMO Release Date 02.06.2015 Page 3 of 9 FORT WORTH 3.4 Collect Crash Data • ENGINEER will obtain available TxDOT CRIS crash data for the study area for the previous five (5) years. ENGINEER will identify intersections needed for further safety evaluation. 3.5 Field Verifications • ENGINEER will complete a walking audit to verify base mapping. ASSUMPTIONS • Data will be formatted in GIS, DELIVERABLES A. Existing Conditions Base Map B. Existing Pans Review Memo C. Traffic Count Map D. Crash Map E. Field Verification Notes TASK 4. ANALYSISAND EVALUATION 4.1 Traffic Analysis • ENGINEER will develop a baseline analysis for intersections and street segments based on existing vehicular level of service for the roadways and intersections where data was collected in Task 3.3. The baseline analysis will be use to project the counts to evaluate the future conditions( 5yrs. and 10 yrs.) with appropriate growth factors. • ENGINEER will use trip generation and distribution to add trips generated by proposed land uses and will be complemented with the NCTCOG Travel Demand model. Since the project is a relatively smaff study area, the Travel Demand Model will be used for origin-destination analysis and will utilize Synchro micro analysis for other elements. Vehicle analysis will focus on the study area destinations and which are the most impacted. The level of service, queuing,and associated delay will be illustrated at the intersection, corridors,and link level. • Perform signal warrants if required. • Analysis of existing driveways and proposed modifications. 4.2 Safety Evaluation • Based on our field observations and review of the vehiclelpedestrianlbicycle crash data from Task3.4, ENGINEER will identify applicable safety countermeasures to be implemented at each of the study area intersections based on the Crash Modification Factors (CFM) available in the Highway Safety Manual, the Unsignalized Intersection Improvement Guide, and the Crash Modification Factors Clearinghouse. C I TY of Fort Worh,Texas Page 4 of 9 AttachmentA PM Release date 02.06.2015 Page 4 of 9 FORT WORTH.: 4.3 Pedestrian and Bicycle Analysis • The Pedestrian Experience Index evaluation conducted as part of the Fort Worth Active Transportation Plan rated the pedestrian facilities in the study area as poor. ENGINEER will evaluate what improvements should be invested in this site through in-field analysis and evaluation against the Transportation Engineering Manual. Both facility connectivity and pedestrian zone enhancements will be evaluated on the major study area roads as part of this assessment, including how these facilities support the trails and transit experience. • The Fort Worth Active Transportation Plan outlines guidelines to improve the bicycle level of stress at both mid block locations and intersections, and the Transportation Engineering Manual outlines bicycle facility selection by roadway type. ENGINEER will use this guidance to evaluate existing conditions and future recommendations within the study area. 4.4 ADA Assessment • Pedestrian facilities will be evaluated for ADA compliance based on the 2011 Proposed Guidelines for Pedestrian Facilities in the Public Right-of-Way Accessibility Guidelines(PROWAG). The entire pedestrian path of travel will be evaluated, including sidewalks/trails, pedestrian street crossings, pedestrian driveway crossings, and associated curb ramps. • A compliance report will be provided for each sidewalk/trail segment, intersection, and transit stop along the four corridors. Each report will document compliances and/or violations, photos, notes on related areas of concern, descriptions of the possible solutions, associated cost projections for bringing the location into compliance, and a location priority. All compliance information will be provided in GIS. 4.5 Transit Connectivity • Working with Trinity Metro, ENGINEER will evaluate new locations for bus stops, including consideration of how The Dash might serve the future City Hall. The nearest transit stops to the study are located along W 7th Street, but do not connect directly to the new City Hall complex.An evaluation will be conducted on how the transit routes in Downtown could be modified to support connectivity to this new site. Additional consideration will be given to possible enhanced amenities for these additional transit stops. 4.6 Trail Connectivity • A portion of the Trinity Trail runs through the west side of the study area and connects users to the West 7th Street bridge and Trinity Park. In order to maximize this connection and to add Fort Worth City Hall as a major destination located along this network, furthersafety and connectivity enhancements will be evaluated as part of this assessment. This includes the addition of protected crossings for users to have safe access to the trails and creating a more direct path from these facilities to the entrances of City Hall. 4.7 Wayfinding Assessment cITYof Fort Worth,Texas Page 5of 9 AttachmentA PM Release Data 02.06.2015 Page 5 of 9 FORT WORTH, • The CITY's existing wayfinding signage program includes signing to destinations in Downtown, the Stockyards, and the Cultural District. The relocation of City Hall within Downtown will require modifications to existing signs near the current City Hall site and the installation of new wayfinding signs in support of the proposed City Hall site. ENGINEER will prepare awayfinding sign layout to support the relocation of City Hall. The proposed wayfinding sign layout will include the approximate location, sign type, and messaging for each sign. ASSUMPTIONS • CITY will provide a list of future land uses within the study area. DELIVERABLES A. Existing and future Synchro traffic analysis models B. Summary of proposed safety countermeasures C. Recommendations from Multi-Modal Analysis D. ADA compliance reports for sidewalk/trail segments, intersections, and transit stops E. Exhibits showing proposed bus routes and stops serving the proposed City Hall F. Exhibits for proposed wayfinding signs TASK 5. BASIC CONCEPTS AND ALTERNATIVES ANALYSIS 5.1 Conceptual Development • ENGINEER will develop one (1) roll plot foreach of the four(4) corridors and one (1)for the overall study area to identify potential improvements not on the specific corridors and will serve as the key map in Task 7. These roll plots will be based on the evaluations and recommendations generated from Task 4. 5.2 Alternative Analysis • ENGINEER will complete up to three (3) evaluations of trade-offs between alternatives. 5.3 Intersection Control Evaluation • The ENGINEER will perform an intersection control evaluation to compare roundabout vs. signal performance for the intersection of Forest Park Boulevard, Belknap Street, Weatherford Street, and Summit Avenue (not included in Task 5.2). Up to three (3) geometric alternatives will be developed and evaluated. Each alternative will be evaluated based on level of service, queues, right-of-way needs, utility conflicts, drainage, pedestrian experience, and bicycle level of stress. • An intersection control evaluation scorecard will be created to use data to select the preferred improvement for this intersection and others within the study area 5.4 Benefit Cost Ratio C I TY of F ort Worth,Texas Page 6 of 9 AttachmentA PM Release Date 02.06 2015 Page 6 of 9 FORT WORTH, The ENGINEER will complete up to three(3) Benefit Cost Ratio analysis for major projects where the investment is anticipated to exceed $500,000 ASSUMPTIONS • Alternative analysis will be documented in the final report and not a stand-alone memo DELIVERABLES A. Conceptual roll plots for each corridor and study area B, Intersection Control Evaluation Memo for the intersection of Forest Park Blvd., Belknap Street, Weatherford Street, and Summit Avenue TASK 6. PLAN DEVELOPMENT 6.1 Conceptual Plan Refinements • Engineer will refine the concepts identified in Task 5.1 based on CITY and stakeholder input. ENGINEER will identify project for each multimodal category from Task 5.1. All projects will be numbered and correspond to project sheets. 6.2 Cost • ENGINEER will prepare opinions of probable construction cost(OPCC) for the conceptual level improvements. Unit prices will be developed based on recent bid tabs for similar projects and recent task order unit price data for the traffic signal and intersectionfrailroad program task order contracts. The cost sheets will also list all the assumptions and include contingency and inflation rates. The ENGINEER has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. ENGINEER's opinions of probable construction costs are based on the information known to the ENGINEER at the time and represent only the ENGINEER's judgment as a design professional familiar with the construction industry. The ENGINEER cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from the OPCC. 6.3 Prioritization • The prioritization process will provide information on which projects should be funded and implemented first. The proposed plan improvements will follow a data-driven prioritization process using information gathered from goals from previous plans, the traffic analysis results, and CITY and stakeholder input received throughout the project. ENGINEER will use other factors such as feasibility, implementation cost, equity, safety impacts, connectivity, comfort, stakeholder input, project significance (i.e., catalyst project or serves a significant destination and/or place of public accommodation), and available funding. Each of these factors will be used to develop a strategy to implement short term(0-6 months), mid-term(1-2 years), and long term(2+years) improvement projects within the study area with a specific goal of providing improved connectivity and mobility for the proposed City Hall site. CITY of Fort Worth,Texas Page 7 of 9 AttachmentA PMO Release pate 0206.2of5 Page 7 of 9 FORT WORTH.. ASSUMPTIONS • Cost will be based on 2021 dollars with inflation applied. • One (1) round of comments will be addressed. DELIVERABLES A. Final conceptual roll plots for each corridor and study area B. Costing C. Prioritization TASK 7. IMPLEMENTATION PLAN 7.1 Summary Project Map • ENGINEER will prepare an overall key map summarizing the recommendations into a one (1) sheet document that can be used to communicate the implementation of the overall report. 7.2 Key Project Sheets • ENGINEER will prepare individual project sheets to provide additional details for high priority projects. Up to ten (10) project sheets will be created, 7.3 Summary Memo • ENGINEER will prepare and submit a concise memorandum summarizing the analysis and evaluation results, proposed corridor concepts,and proposed short- term, mid-term, and longterm projects and OPCC. • ENGINEER will incorporate one round CITY review comments and submit a final report. ASSUMPTIONS • One round of City Comments. DELIVERABLES A. Summary Project Map B. Key Project Sheets C. Electronic copy of each Draft and Final Implementation Plan Reports in Adobe PDF format D. Presentation for summary and recommendations. cITYof Fort worth,ryas Page S of 9 AttachmentA PMO Release Date 02.06.2016 Page 8 of 9 FORT WORTH.. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services—CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Evaluations outside the study area. • Additional meetings beyond those identified in the scope of services. • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services to support, prepare, document, bring, defend,or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. cITYof Fort Worth,Texa; Page 9 of 9 AttachmentA PM Release Date 02.06.2016 Page 9 of 9 ATTACHMENT B COMPENSATION Multimodal Transportation Study Time and Materials with Rate Schedule Project 1. Compensation A. The ENGINEER shall be compensated in an hourly amount not-to-exceed $249,630 for personnel time, non-labor expenses,and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category Rate $/hour Project Director $260 Sr. Project Manager $215 Project Engineer IV $170 Analyst Ill $150 Analyst 11 $140 Administrative $100 ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer,gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officerof the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Mrth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Kimley-Horn and Engineering $211,416 84.70% Associates, Inc. Proposed MBEISBE Sub-Consultants GRAM of North Texas Traffic Counts $13,214 5.30% Carrillo Engineering, Inc Design and Cost Assistance $25,000 10,00% Non-MBEISBE Consultants TOTAL $249,630 100% Project Number&Name Total Fee MBEISBE Fee MBEISBE o% 6 Multimodal Transportation Stud $249,630 $38,214 15.3% City MBEISBE Goal = 8% Consultant Committed Goal = 15.3 % City of Fort Worth,Texas Attachment B PM Official Release Date:B.OR2012 Page 3 of 4 B-3 ; ] Q , ) 3 / ) � 73 \ k g [ ± m § � / 0 M _ § « m / c � � § ) k { ] ( G a7 ; f ; � § Ee e § 2« 2 {{_ 2 ; ® ) : o ( 0 / /\ \ \ \ \ \ ) \ / m ` § Kk § } } ; {/ \/\) } rL � 7 uCD / k \ eCDh \ w / o « m S \m . e § - } ( ch d _ e . LL § ƒ ® k [ 2E � m k % § § « k 2 w0Er a. > \ \ 9 f 2 "§(§§ \ �\ \ CL /k(#Jk } kk \ \ k\ � e 6 0 Q/�U) m ; � ; ; ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Multimodal Transportation Study No changes are proposed to the Standard Agreement. City of Fort Worth,Texas Attachment C PM Release Date:05.19 2010 Page I of 1 FORTWORTH OV- ATTACHMENT "D" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule forthe services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement. ENGINEER shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier"Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis f o r schedule development. City's Project Manager will determine the "Tier" level for the ENGINEER's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule ENGINEER will produce an initial project schedule and submit as a"baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule ENGINEER will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. ENGINEER's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Mrth,Texas Attachment D Revision Datef 07.20.2018 Page 1 of 1 FORT WORTH ATTACHMENT "E" LOCATION MAP "• ! � "art y� City of Fort Worth,Texas Attachment D Revision Date:07,20,2018 Page 1 of 1 EXHIBIT F CITY OF FORT WORTH STANDAR❑ INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. i. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non-owned autos is acceptable. Insured waives all rights against City and its agents,officers,directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFVV Standard Insurance Requirements Page I of 3 Rev. 5.04.21 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents,officers,directorsand employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims-made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed,whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution.Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self-funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5_04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10)days'notice shall be acceptable in the event of nonpayment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current AN, Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self-insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first-dollar basis. City, at its sole discretion,may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims- made basis, shall contain a retroactive date coincidentwith or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 City of Fort Worth, Texas Mayor and Council Communication DATE: 08/24/21 M&C FILE NUMBER: M&C 21-0607 LOG NAME: 20FOREST PARK MOBILITY STUDY SUBJECT (CD 9)Authorize Execution of a Professional Services Agreement in the Amount of$249,630.00 with Kimley-Horn and Associates, Inc.for a Multimodal Transportation Infrastructure Improvement Plan at Future City Hall and Vicinity,Adopt Attached Appropriation Ordinance, and Amend the Fiscal Years 2021-2025 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a professional services agreement in the amount of$249,630.00 with Kimley-Horn and Associates Inc.for a multimodal transportation infrastructure improvement plan at Future City Hall and Vicinity; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Street Rehabilitation Fund in the amount of$400,000,00,from available funds,for the purpose of funding the Forest Park Mobility Study project(City Project No. 103522);and 3. Amend the Fiscal Years 2021-2025 Capital Improvement Program. DISCUSSION: This Mayor and Council Communication (M&C)is to authorize the execution of a professional services agreement in the amount of $249,630.00 with Kimley-Horn and Associates Inc.to conduct a multimodal transportation infrastructure improvement plan to improve ADA accessibility,access to transit,vehicular, pedestrian, and bicycle safety.The study area includes Forest Park Boulevard and vicinity.This comprehensive study will be used as a roadmap for future infrastructure improvements. Study area roadway segments are: 1. Forest Park Boulevard--West 10th Street to North Lexington Street 2. West 5th Street—Forest Park Boulevard to Henderson Street 3. Summit Avenue—West 7th Street to North Lexington Street 4, West 7th Street—End of West 7th BridgelFournier Street to Henderson Street The study is scheduled to begin in September 2021 and to be completed in March 2022. Funding for this project was not included in the Fiscal Years(FY)2021-2025 Capital Improvement Program(CIP)due to the study was unknown at the time of the approved CIP.The action in this M&C will amend the FY2021-2025 Capital Improvement Program as approved in connection with Ordinance 24446-09-2020. Kimley-Horn and Associates, Inc. is in compliance with the City's Business Equity Ordinance by committing to 15% Business Equity participation on this project.The City's Business Equity goal on this project is 8%. This project is located in Council District 9. FISCAL INFORMATION 1 CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified project within the Street Rehabilitation Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the Street Rehabilitation Fund for the Forest Park Mobility Study project to support the approval of the above recommendations and execution of the agreement. Prior to an expenditure being incurred,the Transportation and Public Works Department has the responsibility of verifying the availability of funds. Submitted for City Manager's Office b�L. Dana Burghdoff 8018 Originating Business Unit Head: William Johnson 7801 Additional Information Contact: Tanya Brooks 7861 Expedited 4' Client#: 25320 KIMLHORN ACORD,. CERTIFICATE OF LIABILITY INSURANCE D8I1211121 02lYYYY) 2021 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 holdor 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). CON PRODUCER NAAME: Jerry Noyola Greyling Ins. Brokerage/EPIC PHONE 770-220-7699 (F A1C,No,Ext): AlC,No): 3780 Mansell Road,Suite 370 EMAIL err na ala re tin com ADDRESS: j Y• Y @g Y g• Alpharetta, GA 30022 INSURER(S]AF17ORDINGCOVERAGE NAIC10 INSURER A:National Union Fire Ins.Co. 19445 INSURED INSURER B:Allied World Assurance Company(U.S.) 19489 Kimley-Horn and Associates, Inc. INSURER cNew Hampshire Ins.Co. 23841 421 Fayetteville Street,Suite 600 Lloyds of London 085202 o INSURER D: Y Raleigh, NC 27601 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 21-22 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 CONTRACT OR 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. LTR TYPE OF INSURANCE INsIR wvo POLICY NUMBER MMI�QIYS'YYY MMIO�IYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GL5268169 04/01/2021 0410112022 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR PREMISES EaoNcurcOence $500 OOO X Contractual Liab MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; GENERAL AGGREGATE $2,000,000 PRO- POLICY F7X JECT FX LOC PRODUCTS-COMPIOPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY CA4489663 4/01/2021 04/01/202 COMRINED SINGLE LIMIT $2,000,000 (Ea accident X ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNEO PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident} 5 B X UMBRELLA LIAO X OCCUR 03127930 4/01/2021 04101/202 EACH OCCURRENCE $5 000,000 _ X EXCESS LiAB CLAIMS-MADE AGGREGATE $S 000,000 DED X RETENTION$10 000 $ C WORKERS COMPENSATION WC015893685(AOS) 4/01/2021 04/01/202 X STR OTH- AND EMPLOYERS'LIABILITY YIN A ANY PROPRIFTORIPARTNERIEXECUTIVE WCO15893686(CA) 4/01/2021 0410112022 E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? N N I A IMandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below F.L DISEASE-POLICY LIMIT $1,000,000 D Professional Liab B0146LDUSA2104949 4/01/2021 04/0112022 Per Claim $2,000,000 Aggregate$2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it 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: 1010211967. Should any of the above described policies be cancelled by the issuing insurer before the expiration (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Fort Worth SHOULD ANY OF THE ABOVE.DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 Texas Street ACCORDANCE WITH THE POLICY PROVISIONS, Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE ©1988.2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #528601901M2660308 JNOY1 DESCRIPTIONS (Continued from Page 1) date thereof,30 days'written notice (except 10 days for nonpayment of premium)will be provided to the Certificate Holder.Waiver of Subrogation in favor of Additional Insured(s)where required by written contract&allowed by law. 5AC51TTA 25.3(2016103) 2 of 2 #S2860190IM2660308 POLICY NUMBER: GL52e8169 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II 6 Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", This insurance does not apply to "bodily injury" "property damage" or "personal and advertising or "property damage occurring after: injury" caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on work, on the project (other than service, your behalf; maintenance or repairs) to be performed by in the performance of your ongoing operations or on behalf of the additional insured(s) at for the additional insured(s) at the location(s) the location of the covered operations has designated above. been completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to 1. The insurance afforded to such additional its intended use by any person or insured only applies to the extent permitted organization other than another contractor or by law; and subcontractor engaged in performing 2. If coverage provided to the additional operations for a principal as a part of the insured is required by a contract or same project. agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III — Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most applicable limits of insurance. we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 0 Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: GL5268169 COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREEMENT, WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III — Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, required by a contract or agreement, the most by "your work" at the location designated and we will pay on behalf of the additional insured described in the Schedule of this endorsement is the amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the by law; and applicable limits of insurance. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when[his endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 12:01 AM 0410112021 forms a part of Policy No. WC015893685(Aos) Issued to Kimley-Horn and Associates,Inc. By NEW HAMPSHIRE [NSURANCE COMPANY This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 'I. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.0 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: f Countersigned by _ _ _ _ _ _ _ - - - - - WC420304B - - - - - - - - - (Ed. 6-14) Authorized Representative 4 Copyright 2014 National Coun6l on Compensation Insurance, Inc.All Wghts Reserved. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos,1-4 and 6 if there are interested parties, OFFICE USE ONLY Complete Nos,1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2021-780119 Kimley-Horn and Associates, Inc. Dallas,TX United States Date Piled- 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/19/2021 being filed. City of Fort Worth,Texas Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 071921 Multimodal Transportation Study Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary McEntee, David L Dallas, TX United States X Lefton, Steve Dallas,TX United States X Flanagan,Tammy Dallas,TX United States X Cook, Richard N Dallas,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Sarah Meza and my date of birth is 05/14/1981 My address is 13455 Noel Road,Suitc 700 Dallas TX 75240 US (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Dallas County, State of Texas on the 19th day of July 12021 (month) (year) a Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www,ethics.state.tx.us Version V1,1,cef€d98a