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HomeMy WebLinkAboutContract 56500 CSC No. 56500 CITY OF FORT WORTH,TEXAS STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES This agreement ("Agreement") is between the City of Fort Worth, a Texas home-rule municipality ("City"),and Kimley-Horn and Associates, Inc.,authorized to do business in Texas ("Consultant'), for a project generally described as: 2022 Transportation Impact Fee Study Update ("Project'). Article I Scope of Services (1) Consultant hereby agrees to perform professional services as set forth in this Agreement and the Scope of Services, attached hereto as Attachment "A" ("Services"). These Services shall be performed in connection with the Project. (2) Additional services, if any, will be memorialized by an amendment to this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of City, and shall be furnished to the City, prior to or at the time such services are completed, or upon termination or expiration of Agreement. Article II Compensation Consultant shall be compensated an amount up to $520,000 ("Contract Amount') in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Consultant shall provide monthly invoices to City. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Consultant of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any actor omission of City in connection with such Services. Article III Term Time is of the essence. The term of this Agreement shall commence on the Effective Date and shall continue until the expiration of the funds or completion of the subject matter pursuant to City of Fort Worth,Texas 2022 Transportation Impact Fee Study Update Standard Agreement for Professional Services Revision Date:August 23,2021 Page 1 of 9 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX the schedule, whichever occurs first, unless terminated in accordance with the terms of this Agreement. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership orjoint venture between City and Consultant. Article V Professional Competence Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Consultant's work or work product shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its performance of the Services. Article VI Indemnification CONSULTANT,AT NO COST TO THE CITY,AGREES TO INDEMNIFYAND HOLD CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. City of Fort Worth,Texas 2022 Transportation I mpact Fee Study Update Standard Agreement for Professional Services 103247 Revision Date:August 23,2021 Page 2 of 9 Article VII Insurance Consultant shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. Article VIII Force Majeure City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. Article IX Transfer or Assignment Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) City may terminate this Agreement for convenience by providing written notice to Consultant at least 30-days prior to the date of termination, unless Consultant agrees in writing to an earlier termination date. (2) Either City or Consultant may terminate this Agreement for cause if either party fails to substantially perform, through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Consultant, Consultant shall discontinue Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article II of this Agreement and in accordance with Exhibit "B". Article XI Right to Audit (1) Consultant agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to Agreement. Consultant agrees that City shall have access during normal City of Fort Worth,Texas 2022 Transportation Impact Fee Study Update Standard Agreement for Professional Services 103247 Revision Date:August 23,2021 Page 3 of 9 working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontractor agrees that City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor(s), involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any subcontractor reasonable advance notice of intended audit. (3) Consultant and subcontractor(s) agree to photocopy such documents as may be requested by City. City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effectasof the time copying is performed. Article XII 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 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), Consultant acknowledges the MBE and WBE goals established for Agreement and its execution of this Agreement is Consultant'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 Consultant may result in the termination of Agreement and debarment from participating in City contracts for a period of time of not less than three (3)years. Article XIII Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers,agents and employees from and against all claimsor liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees or its subcontractor(s). City of Fort Worth,Texas 2022 Transportation Impact Fee Study Update Standard Agreement for Professional Services 103247 Revision Date:August 23,2021 Page 4 of 9 Article XIV Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s) who perform work under Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS,AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate Agreement for violations of this provision by Consultant. Article XV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. Agreement shall be construed in accordance with the laws of the State of Texas. Article XVI Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. Article XVII Severability The provisions of Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or City of Fort Worth,Texas 2022Transportation ImpactFeeStudyUpdate Standard Agreement for Professional Seivices 103247 Revision Date:August 23,2021 Page 5 of 9 unconstitutional for any reason, the remainder of Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVIII Notices Notices regarding Articles IX or X are to be provided to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Mirian D. Spencer,AICP, CNU-A Development Services Department 200 Texas Street Fort Worth, Texas 76102 Consultant: Kimley-Horn and Associates, Inc. Attn: Jeff Whitacre, P.E.,AICP, PTP 801 Cherry Street, U nit 11 Fort Worth, 76102 All other notices may be provided as described above or via electronic means. Article XIX Prohibition On Contracts With Companies Boycotting Israel Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Consultant has 10 or more full time-employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifies that Consultant's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. City of Fort Worth,Texas 2022 Transportation Impact Fee Study Update Standard Agreement for Professional Services 103247 Revision Date:August 23,2021 Page 6 of 9 Article XX Prohibition on Boycotting Energy Companies Consultant 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, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XXI Prohibition on Discrimination Against Firearm and Ammunition Industries Consultant 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, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Article XXII Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of Agreement. City of Fort Worth,Texas 2022 Transportation Impact Fee Study Update Standard Agreement for Professional Services 103247 Revision Date:August 23,2021 Page 7 of 9 Article XXIII Attachments, Schedules and Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of Agreement: AttachmentA - Scope of Services Attachment B — Compensation Attachment C -Changes to Agreement Attachment D - Project Schedule Attachment E - Location Map Attachment F— Insurance Requirements Duly executed by each party's designated representative to be effectiveonthe date subscribed by the City'sdesignated Assistant City Manager. BY: BY: CITY OF FORTWORTH CONSULTANT Kimley-Horn and Assoicates, Inc. Dana Burghdoff Scott R. Arnold, P.E., PTOE Assistant City Manager Vice President Date: Oct 8,2021 Date: September 1, 2021 ATTEST: O1oFORT �� "o Ronald P. Gonzales 0o 00 02 Acting City Secretary �� ,�o j �d DO p� TEX ASa�� APPROVAL RECOMMENDED: �����.a�-o. By: t r c S 411 D.J. Harrell Director, Development Services OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX City of Fort Worth,Texas 2022Trans port at,on Impact Fee Study Update Standard Agreement for Piofessional Services 103247 Revision Date:Augmt23,2021 Page 8 of 9 APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2021-791929 989dr, M&C No.: 21-0697 By:D©dDouglasS5 CDT) September 21, 2021 W Black M&C Date: Sr.Assistant City Attorney 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. LEOIIARD NIAMEY(Oct 5,202115:10 CDT Leonard Mantey, Planning Manager Development Services Department OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX City of Fort Worth,Texas 2022 Transportation ImpactFee Study Update Standard Agreement for Professional Services 103247 Revision Date:August 23,2021 Page 9 of 9 FORT WORTH:., ATTACHMENT "A" 2022 Transportation Impact Fee Study Update PROJECT UNDERSTANDING The goal of this project is to update the existing Transportation Impact Fee Study dated January 23, 2018. This scope of services will provide the CITY with professional services required by Chapter 395 of the Texas Local Government Code to update the Land Use Assumptions, Capital Improvement Plan for Impact Fees, and the maximum transportation impact fee that may be assessed. The ENGINEER will also assist the CITY at various presentations required during the public hearing and adoption process. SCOPE OF SERVICES If services beyond those defined in this scope are required, the Parties shall attempt to negotiate a written amendment to this Agreement. ENGINEER shall not proceed with work on any additional services prior to the Parties executing a written amendment. The Scope of Services consists the following primary tasks: • Task 1 - Project Management and Cooridination • Task 2- Land Use Assumptions • Task 3-Capital Improvements Plan for Impact Fees • Task 4-Transportation Impact Fee Analysis • Task 5- Credit Calculation • Task 6-Adoption Process and Stakeholder Engagement • Task 7-Administrative Tools Task 1 —Project Management and Coordination ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY'stime 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/Quality Assurance (QC/QA) is practiced in performance of the work. • Communicate internally among team members. • Task and allocate team resources. 1.2 Communications and Reporting City of Fort Worth,Texas AttachmentA PMO Release Data 07.23.2012 Page 1 of 10 FORT WORTH ir- • 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 • The ENGINEER will prepare for and attend a kick-off meeting. The ENGINEER will conduct an Impact Fee 101 Workshop at the kick-off meeting. Attendees to the workshop will be determined by the CITY. • The ENGINEER will participate in monthly meetings with CITY staff. These meetings will be held on specific days and times as agreed to by the CITY. A maximum of three hours will be anticipated for each meeting and may include up to two members of the ENGINEER's team. The ENGINEER shall prepare meeting notes from each meeting. A maximum of 9 status meetings will be held. It is anticipated that the work will be completed within 9 months. ASSUMPTIONS • Project is anticipated to take twelve (12) months. • ENGINEER will prepare meeting materials. DELIVERABLES A. Baseline project schedule. B. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes. C. Monthly project status reports. D. Notes from Status Meeting Task 2—Land Use Assumptions The ENGINEER will prepare the land use assumption tasks listed below in conformance with Chapter 395 of the Local Government Code for each of the service areas. The ENGINEER intends to prepare the land use assumptions for the twenty-one(21)fee service areas identified in the previous study. The development of land use assumptions for additional service areas will be considered additional services. 2.1 Data Collection • Data Collection. The ENGINEER will coordinate with the CITY to obtain the following data: CITY of Fort Worth,Texas Page 2of 10 AttachmentA PMO Release Date 02.06.2015 Page 2 of 10 FORT WORTH:, o Contacts— The CITY will provide the organization structure and contact information for the applicable CITY staff involved with the land use assumptions. o Comprehensive Master Plans—The CITY will identify and provide the most recent comprehensive master plans. o Building permit history (both residential and non-residential)for the previous ten years. o Currently adopted Land Use Assumptions. o Available demographic projections from the North Central Texas Council of Governments(NCTCOG). o Maps— the CITY will provide the ENGINEER with available GIS shapefiles, associated databases, and layer files in ESRI ArcGIS format.All data will be projected in NAD 83 State Plane, North Central Texas Zone coordinates. Data should include: • Master Thoroughfare Plan; • Future Land Use Plan Map; • Existing plats on file with the CITY; • Water Department Plats; • Building Permits; and • City Limits and ETJ Map. 2.2 Service Area Boundaries • The ENGINEER will meet with the CITY to review the current transportation impact fee service area structure (21 service areas). The ENGINEER will coordinate with the CITY to modify the service area boundaries to incorporate annexations or other changes to the corporate limits of the CITY since the previous service area boundaries were established. The ENGINEER wil I workwith the CITY to establish anew service area structure that simplifies the administration of the transportation impact fee by maintaining a similar service area structure to the previous service area boundaries. The ENGINEER will then develop the new service area boundaries in compliance with state law. 2.3 Existing Land Use Assumptions • The ENGINEER will prepare the existing land use information in aformat suitable for use in the impact fee update. The information will be presented in tabular form by transportation service area. For each service area, number of dwelling units and employment(amount of square footage of basic, service, and retail land uses)will be summarized. The existing land use assumptions will be completed for the year 2022. 2.4 Build-out Land Use Assumptions • The ENGINEER will develop the build-out demographics(number of dwelling units and employment) for the CITY in tabular format for each transportation service area. The ENGINEER will use the future land use data and plat CITY of Fort Worth.Texas Page 3 of 10 AttachmentA PM Release Data 02.06.2015 Page 3 of 10 FORT WORTH information collected in Task 2.1 to determine future land uses in undeveloped areas within the existing CITY limits. 2.5 10-Year Land Use Assumptions • Chapter 395 states that impact fees may only be used to pay for items included in the transportation impact fee capital improvements plan and attributable to new service units projected over a period of time not to exceed ten (10) years. Based upon guidance from the CITY, the ENGINEER will develop the Ten-Year Land Use Assumptions for the 2022—2032 planning window. • During the meetings identified in Task 2.4 and using information collected in Task 2.1, the ENGI NEER will collect from with the CITY the projections for anticipated percentage of residential and non-residential land uses within each service area to be developed within the next ten years. Using the information collected during these meetings, the ENGINEER will complete the demographic table for each transportation service area. 2.6 Land Use Documentation • The ENGINEER will incorporate the service area boundaries and Land Use Assumptions information into Impact Fee Update report. No additional documentation will be produced by the ENGINEER summarizing the land use assumptions. 2.7 Meetings • The development of these demographics will be an interactive process between the ENGINEER and CITY staff. It is anticipated that up to ten (10) two-hour meetings will be held with CITY during this task. It is estimated that two service areas will be discussed at each meeting. The meetings will serve as a time to review the demographics developed by the ENGINEER and obtain information from the CITY regarding development expectations within each service area. ASSUMPTIONS • ENGINEER will prepare all meeting materials. • Meetings will be in person. DELIVERABLES A. ArcGIS shapefile for Service Area boundaries B. Materials for Land Use Meetings (Maps and Assumptions) C. Land Use Assumptions Chapter Task 3—Capital improvements Plan for Impact Fees 3.1 Data Collection CITY of Fort Worth,Texas Page4of 10 AttachmentA PMO Release Date:02.06.2015 Page 4 of 10 FORT WORTH.. • Historical Project Costing Information —The CITY shall provide the ENGINEER with available data on the actual CITY costs for previously completed arterial roadway improvement projects to assist in the development of planning level project costs for future projects and to include any project costs for previously completed projects with excess capacity available to serve future growth • Historical Bond Project—The City should provide the previous transportation bond projects and city costs associated with. 3.2 Impact Fee Project List • The ENGINEER, in coordination with the CITY,will update the Transportation Impact Fee Capital Improvements Plan, which will include planning-level project cost projections for each project to be included in the study (intersections and roadway links). The Transportation Impact Fee Capital Improvements Plan will include existing oversized facilities and proposed facilities designed to serve future development. The Transportation Impact Fee Capital Improvements Plan shall include ageneral description of each project and a project cost projection. Planning-level cost projections forfuture projects will be prepared based on previous ENGINEER experience with roadway construction costs, capital improvement planning, and input from CITY staff. It is anticipated these project costs will be reviewed by CITY staff and verified as reasonable costs for CITY capital projects. 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. • CITY shall provide the ENGINEER with actual CITY cost information for previously completed projects with excess capacity, and cost contribution information for developer, County, State, Tollway, or other cost-sharing projects. 3.3 Capital Improvements Plan Documentation • The ENGINEER will incorporate the Capital Improvements Plan information into Impact Fee Update report. No additional documentation will be produced by the ENGINEER summarizing the land use assumptions. 3.4 Meetings The development of the Capital Improvements Plan for Impact Fees will be an interactive process between the ENGINEER and CITY staff. It is anticipated that up to five (2) two-hour meetingswill be held with CITY during this task. It is estimated that four service areas will be discussed at each meeting. The meetings will serve as a time to review the demographics CITY of Fort Worth,Texas Page 5 of 10 AttachmentA PMO Release Date 02.06.2015 Page 5 of 10 FORT WORTH., developed by the ENGINEER and obtain information from the CITY regarding development expectations within each service area. ASSUMPTIONS • ENGINEER will prepare all meeting materials. • Costing will be based on 2021 dollars. DELIVERABLES A. ArcGIS shapefile for Capital Improvements Plan for Impact Fees B. Materials for Capital Improvements Plan (Maps and Assumptions) C. Capital Improvements Plan Chapter Chapter Task 4—Transportation Impact Fee Analysis The ENGINEER will prepare the Transportation Impact Fee Study Update tasks listed below in conformance with Chapter 395 of the Local Government Code for each of the service areas identified in Task 2.2. It is anticipated this analysis will be done for twenty-one(21) service areas. 4.1 Data Collection • The CITYwill provide the ENGINEER with available recent traffic count data for existing thoroughfare facilities located within the service areas identified for analysis. The ENIGNEER will also utilize TxDOT's available count data. Additional traffic counts will be collected by the ENGINEER (up to 40 locations total)for use in Task 4.2. 4.2 10-Year Growth Projections and Capacity Analysis • The ENGINEER will perform an analysis of existing conditions within each service area. This will include a determination of roadway capacities, volumes, vehicle-miles of supply and demand, existing excess capacity, and existing deficiencies. • Using the Ten-Year Land Use Assumptions identified in Task 2.5, the ENGINEER will project traffic conditions for the ten-year planning period, the target year for the impact fee growth projections. This will include growth in service units and new demand by service area. The ENGINEER will determine the capacity available for new growth within each service area. • The ENGINEER will identify the portion of project improvements required to serve existing demand and the portion of project improvements required to serve new development within the 10-year planning period. • In consultation with the CITY, the ENGINEER will determine land use categories to be included in the land use vehicle-mile equivalency table. CITY of Fort Worth,Texas Page 6 of 10 AttachmentA PMO Release Date 02.06.2015 Page 6 of 10 FORT WORM, • The ENGINEER will identify the service units for new development and the average trip length. Using the 10th Edition of the Institute of Transportation Engineer's(ITE)Trip Generation Manual, the ENGINEER will develop updated trip generation and pass-by trip rates. 4.3 Maximum Assessable Transportation Impact Fee Calcuation • Using the newly developed 10-year growth projections, transportation impact fee capital improvements plan, and capacity available for new growth, the ENGINEER will determine the cost of transportation improvements by service area, the maximum costs per service unit, and the resulting maximum assessable transportation impact fee by service area. The ENGINEERwill incorporate the financial analysis performed in Task 5 to determine the maximum assessable impact fee per service unit. 4.4 Final Report • The ENGINEERwill prepare and submit a draft Transportation Impact Fee Report that documents the methodology and results of the analysis. The report will include the following information: o Methodology; o Transportation Service Areas; o Transportation Impact Fee Capital Improvements Plan; o Impact Fee Calculations; o Summary Exhibits; and o Summary Appendices. ASSUMPTIONS • Meetings to discuss reportwill be during regular scheduled status meeting • Respond to one round of comments on the report. DELIVERABLES A. Land use Vehicile-Mile Equalivency Table (LUVMET)Table B. Final Report(.pdf format) Task 5—Financial Analysis Using the impact fee eligible capital improvement costs and projected service units,the financial subconsultant will calculate maximum assessable full-cost recovery impact fees for the designated ten-year period for roadway facilities for twenty-one (21)Service Areas. This financial analysis will include a credit for ad valorem taxes. The financial subconsultant will provide forecasted cash flows for the maximum assessable impact fee for the ten-year period based on projected capital improvement program's implementation schedule (if available) and growth in projected service units. The ENGINEER will work in conjunction with the financial subconsultant to incorporate the Capital Improvements Plan identified in Task 3.2. It is anticipated that three (3)will be held with CITY during this task. CITY of Fort Worth,Texas Page 7 of 10 AttachmentA PMO Release Date 02.06.2015 Page 7 of 10 FORT WORTH, ASSUMPTIONS • Financial analysis will be incorporated into the Transportation Impact Fee report prepared as part of Task 4 • Respond to one round of comments on the report. DELIVERABLES A. Financial Analyis Appendix of Report Task 6—Public Hearings and Approval Process It is anticipated that the Public Hearing and Approval Process will consist of a number of meetings as required by Chapter 395, along with additional meetings as requested by the CITY to engage other interested parties and stakeholders. This task provides for the ENGINEER to prepare for and attend the following meetings (12 in total): • Prepare for and attend up to three (3) meetings with the Development Advisory Committee (or other similar committee established by the CITY) and/or interested stakeholders to discuss the update of the Transportation Impact Fee. • Prepare for and attend up to two (2) meetings with the Neighborhood stakeholders (or other similar committee established by the CITY) to discuss the update of the Transportation Impact Fee. • Prepare for and attend up to (2) Capital Improvement Advisory Committee (CIAC) and/or City Council workshops to discuss the Transportation Impact Fee. • Prepare for and attend one (1) CIAC Workshop to present fundamentals of Impact Fees, a summary of the Transportation Impact Fee methodology, and the respective CIP's and Maximum Assessable Impact Fees. • Prepare for and attend one (1) CIAC public hearing to present the respective CIP's and Maximum Assessable Impact Fees. • Prepare for and attend one (1) City Council workshop to present fundamentals of Impact Fees, a summary of the Transportation Impact Fee methodology, the respective CIP's, and Maximum Assessable Impact Fee. • Prepare for and attend one (1) City Council public hearing to present the Land Use Assumptions, and the Final Transportation Impact Fee Report, including the Transportation Impact Fee CIP and Maximum Assessable Impact Fees. • Attend one(1) City Council meeting where it adopts the Transportation Impact Fees ordinance. As part of this task, the ENGINEER will also review the proposed Impact Fee Ordinance as prepared by the CITY Attorney. The ENGINEER will conduct up to two (2)formal reviews of the proposed transportation impact fee ordinance developed by the CITY It is anticipated the CITY Attorney will require exhibits from the Transportation Impact Fee Report to be included in the ordinance. CITY of Fort Worth,Texas Page 8 of 10 AttachmentA PMO Release Date 02.06.2015 Page 8 of 10 FORT WORTH, Ir- ASSUMPTIONS • City will arrange meeting locations and notices • The same presentations may be used more than once at different meetings DELIVERABLES A. Presentations B. Ordinance Comments Task 7—Administrative Tools The ENGINEER will update the Transportation Impact Fee estimator spreadsheet tool to assist in calculating a development's transportation impact fees based on the impact fee rates adopted in Task 6. The ENGINEER will also coordinate with the CITY to update necessary information currently posted on the CITY's impact fee website. The ENGINEER will prepare for and attend one (1) meeting with the CITY to review the spreadsheet and receive comments or suggestions the CITY may have regarding the spreadsheet tool. The ENGINEER will assist the City will updates to the Administration guidelines. It will anticipate these updates will occur during three (3)meetings. DELIVERABLES A. Esitmator in .xls format 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 ENGI NEER 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 city limits. • 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. CITY of Fort Worth,Texas Page 9 of 10 AttachmentA PM Release Date:02.06.2015 Page 9 of 10 FORT WORTH, • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. CITY of Fort Worth,Texas Page 10 of 10 AttachmentA PM Release Date 02.06.2015 Page 10 of 10 ATTACHMENT B COMPENSATION Professional Services for 2022 Transportation Impact Fee Study Update City Project No. 103427 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $519,750 as summarized in Exhibit B-1 —Engineer Invoice and Section IV—Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item I11. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Development Service Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Kimley-Horn and Project Management, Impact $358,000 68.8% Associates, Inc. Fee Analysis and Public Hearings Proposed MBE/SBE Sub-Consultants GRAM of North Texas Traffic Counts $5,000 1.0% Carrillo Engineering, Inc CIP Cost Assistance $73,000 14.0% Non-MBE/SBE Consultants Newgen Strategies& Financial Analysis $84,000 16.2% Solutions, LLC TOTAL $520,000 100% Project Number&Name Total Fee MBE/SBE Fee MBE/SBE 103427 Transportation Impact Fee $520,000 $78,000 15.0% Study Update City MBE/SBE Goal = 15% Consultant Committed Goal = 15% City of Fort Worth,Texas Attachment B PM Official Release Date:8,09.2012 Page 2 of 3 B-2 ( j a R > d / ] ) ) ) �ƒ \ \ \ \ I � � ■ .. ER /j § / � � ` / o m ! f 7 0 � � � § ® J o E _ 0) k iL 2 7 $< ) > § \ E o 0c ; ) � E Li _ s ! \ _ \ ! ° \( 75 %#R@&K % e l � = = � ,� , �) \ � )) 0 & 2 ®2t � „ / \ \ } \ : (\ � _ ..\0 < \\ E0d) 7 S oA J� / � \ & \ � \ , E CL § 13 # { « § f % . S o - 13o \ � , ff ; ` \ ( crmrz « � ) ® ° : ® K , ° ! \ / ) { § 2 §2 { § k k J w'0Cr > ��� �; f j J ■ r _ \ § kk({{) Iww % ww44 a ab e o 33a.AA_ / \ ) ) \ \\ \ ATTACHMENT"C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT 2022 Transportation Impact Fee Study Update No changes are proposed to the Standard Agreement. City of Fort Worth,Texas AttachmentC PMO Release Data 05.19.2010 Page 1 of 1 FORT WORTH ATTACHMENT "D" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule forthe services to be provided in f ulfil ling 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 0031 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier" level for the ENGINEER's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule ENGINEER will produce an initial project schedule and submit as a"baseline"for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule ENGINEER will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. ENGINEER's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Worth,Texas Attachment D Revision Date.07.20.2018 Page 1 of 1 FORT WORTH ATTACHMENT "E" LOCATION MAP Project is Citywide City of Fort Worth,Texas Attachment D Revision Data 07.20.2018 Page 1 of 1 EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. i. City shall be included as an additional in 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. J. 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. CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 c. Workers'Compensation— Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents,officers,directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims-made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed,whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution.Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services.Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self-funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10)days'notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self-insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first-dollar basis. City, at its sole discretion,may consentto alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims- made basis, shall contain a retroactive date coincident with or prior to the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages,whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. 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: 09/21/21 M&C FILE NUMBER: M&C 21-0697 LOG NAME: 062022 IMPACT FEE STUDY SUBJECT (ALL)Authorize Execution of a Professional Services Contract with Kimley-Horn and Associates, Inc.in an Amount Not to Exceed$520,000.00 for the Development of the 2022 Transportation Impact Fee Study,Adopt Attached Appropriation Ordinances in the Collective Amount of $520,921.96,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 contract with Kimley-Horn and Associates, Inc.for the development of the 2022 Transportation Impact Fee Study in an amount not to exceed$520,000.00; 2. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Transportation Impact Fee Capital Legacy Fund in the amount of$76,650.00 from available funds for the purpose of funding the 2022 Transportation Impact Fee Study Update project(City Project No. 103427); 3. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Transportation Impact Fee Capital Fund in the amount of$434,350.00 from available funds,for the purpose of funding the 2022 Transportation Impact Fee Study Update project(City Project No. 103427); 4. Adopt the attached appropriation ordinance adjusting the estimated receipts and appropriations in the Transportation Impact Fee Capital Legacy Fund in the amount of$9,921.26, by increasing the estimated receipts and appropriations in the 2022 Transportation Impact Fee Study Update (City Project 103427)and decreasing estimated receipts and appropriations in the 2017 Transportation Impact Fee Study Prject(City Project 100413)by the same amount;and 5. Amend the Fiscal Years 2021-2025 Capital Improvement Program. DISCUSSION: Section 395.052 of the Texas Local Government Code requires the City to revise the Capital Improvement Plan related to Transportation Impact Fees at least every five years to evaluate its current land use assumptions and capital improvement plan. In accordance with this provision, Development Services issued a Request for Proposals May 4, 2021. Proposals were received and opened July 15, 2021. Kimley-Horn and Associates, Inc. provided the only responsive proposal.The study is the fourth iteration of the Transportation Impact Fee Study since the program was adopted May 13,2008.The last update was completed in November of 2017 and was adopted by City Council January 23,2018. The projected cost for the study is$520,000.00.This Mayor and Council Communication (M&C)will provide funding for the contract and allocate funds for ancillary costs related to the study in the amount of$921.26,for a total project cost of$520,921.26.The 2022 study will be funded equally from 20 of the 21 active transportation impact fee service areas(no transportation impact fee revenue has been generated from the Panther Island Service Area at this time)in an amount of$25,550.00 per service area. In addition to the funding from the service areas, residual funds from the 2017 Transportation Impact Fee Study in the amount of$9,921.96 will be added to the project.The total project cost of$520,921.96 is less than one percent of the total impact fee revenues which,as of July 31,2021,total$143,618,639. This project is located in ALL COUNCIL DISTRICTS. Funding Source Amount Transportation Impact Cap Legacy Fund (Service Areas $76,650.00 N,U,Z) Transportation Impact Fee Capital Fund(All other Service $434,350.00 Areas) 2017 Transportation Impact Fee Study(City Project $g g21.96 100413) TOTAL PROJECT FUNDING $520,921.96 Funding for this project was not included in the Fiscal Year 2021-2025 Capital Improvement Program. The action in this M&C will amend the FY2021-2025 Capital Improvement Program. Business Equity: 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 15%. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Transportation Impact Fee Capital Legacy Fund and the Transportation Impact Fee Capital Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds will be available in the Transportation Impact Fee Capital Legacy Fund and the Transportation Impact Fee Capital Fund to support the approval of the above recommendations and award of the agreement. Prior to an expenditure being incurred,the Development Services Department has the responsibility of verifying the availability of funds. Submitted for City Manager's Office b . Dana Burghdoff 8018 Originating Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Mirian Spencer 2677 POLICY NUMBER: GL5268169 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 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 1. The insurance afforded to such additional the injury or damage arises has been put to insured only applies to the extent permitted its intended use by any person or by law; and organization other than another contractor or 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 II — 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 Pagel of 1 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 12:01 AM 04/01/2021 forms a part of Policy No. WC015893685(AOs) Issued to Kimley-Horn and Associates, Inc. By NEW HAMPSH I RE INSURANCE COMPANY This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2_0 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: 1 Countersigned by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ WC420304B - - - - - - - - - - (Ed. 6.14) Authorized Representative 0 Copyright 2014 National Council on Compensation Insurance, Inc.All Rights Reserved.