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HomeMy WebLinkAboutContract 59541CSC No. 59541 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality ("CITY"), and Kimley-Horn and Associates, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Water User Fee and Service Charge Update — Tap Fees and Study Review Fees. 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 $84,700.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. 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 act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. City of Fort Worth, Texas Water User Fee and Service Charge Update Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 OFFICIAL RECORD Page 1 of 15 CITY SECRETARY FT. WORTH, TX Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of 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 made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth, Texas Water User Fee and Service Charge Update Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the contract documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract documents. City of Fort Worth, Texas Water User Fee and Service Charge Update Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 3 of 15 F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. City of Fort Worth, Texas Water User Fee and Service Charge Update Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 4 of 15 Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with the City's Business Equity Ordinance No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), the City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. Engineer acknowledges the MBE and WBE goals established for this contract and its execution of this Agreement is Engineer's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in City of Fort Worth, Texas Water User Fee and Service Charge Update Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 5 of 15 effect as of the time copying is performed. K. INSURANCE Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondent superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. City of Fort Worth, Texas Water User Fee and Service Charge Update Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 6 of 15 P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. City of Fort Worth, Texas Water User Fee and Service Charge Update Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 7 of 15 F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. City of Fort Worth, Texas Water User Fee and Service Charge Update Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 8 of 15 I. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. City of Fort Worth, Texas Water User Fee and Service Charge Update Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 9 of 15 D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual City of Fort Worth, Texas Water User Fee and Service Charge Update Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 10 of 15 property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. City of Fort Worth, Texas Water User Fee and Service Charge Update Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 11 of 15 The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. City of Fort Worth, Texas Water User Fee and Service Charge Update Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 12 of 15 N. Prohibition on Boycotting Energy Companies ENGINEER acknowledges that in accordance with Chapter 2274 of the Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full- time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be City of Fort Worth, Texas Water User Fee and Service Charge Update Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 13 of 15 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 A - Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH Dana Burghdoff Assistant City Manager Jun 6, 2023 Date: nnq a�F00000000 Lad ATTEST: pao a=o ��p dEXA`ao'dp Jannette Goodall City Secretary APPROVAL RECOMMENDED: Y Christopher Harder, PE Director, Water Utility BY: ENGINEER Kimley-Horn and Associates, Inc. ,4,4.4a, ,. (John Atkins Vice President Date. 05/19/2023 APPROVED AS TO FORM AND LEGALITY Form 1295 No Douglas W Black Sr. Assistant City Attorney City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 14 of 15 M&C No.: N/A N/A M&C Date: N/A Water User Fee and Service Charge Update OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. t8 Ha (May 30,2023 17 26 CDT) Janet B. Hale Deputy Water Director City of Fort Worth, Texas Water User Fee and Se vice Charge Update Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 15 of 15 ATTACHMENT A PROFESSIONAL SERVICES FOR WATER USER FEE AND SERVICE CHARGE UPDATE ATTACHMENT A PROFESSIONAL SERVICES FOR WATER USER FEE AND SERVICE CHARGE UPDATE 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. The CITY requests the ENGINEER to review and update its tap connection fees and manhole fees herein called Tapping Fees. The City also requests the ENGINEER to evaluate and recommend new service charges for the following: • Water Study Review Fees • Sewer Study Review Fees • Water Loading Review Fees • Sewer Loading Review Fees • Fire Flow Request Review Fees • Fire Flow Field Validation Fees This project will consist of the following Tasks: • Task 1 — Tapping Fee Update • Task 2 — Service Charge Development Each Task will contain the following sub -tasks: Task 1A/2A — Benchmarking Evaluation 1A - Tamina Fees One (1) Kick-off Meeting (combined with Service Charges) will be held with CITY to review Benchmark Cities and discuss information needed from CITY staff for ENGINEER to complete evaluation. ENGINEER will collect data, including existing tap fee policies from up to ten (10) entities within Texas. CITY will provide updated cost of material/labor data to ENGINEER for review. Once received, data will be compiled into comparison tables for evaluation of fees and policies for the various entities. Once compiled, ENGINEER will conduct one (1) review meeting (combined with Service Charges) with CITY staff to review the data and establish benchmarks for presentation to stakeholders. 2A — Service Charaes One (1) Kick-off Meeting (combined with Tapping Fees) will be held with CITY to review Benchmark Cities and describe information needed from CITY staff for ENGINEER to complete evaluation. ENGINEER will collect data, including existing Study/Loading/Fire Flow review fees from up to ten (10) entities within Texas. CITY City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 1 of 6 ATTACHMENT A DESIGN SERVICES FOR WATER USER FEE AND SERVICE CHARGE UPDATE will provide information related to level of effort (hour estimates) for study/loading/fire flow reviews. Once received, data will be compiled into comparison tables for evaluation of fees for the various entities. Once compiled, Kimley-Horn will conduct one (1) review meeting (combined with Tapping Fees) with City staff to review the data and establish benchmarks for presentation to stakeholders. Task 1 B/2B — Recommendations 1 B - Tapping Fees After meeting with CITY staff, ENGINEER will analyze the data and review with CITY staff. Fee recommendations for both long and short service line lengths varied by size and pavement type will be developed and summarized for the updated tapping fees. ENGINEER will conduct one (1) review meeting (combined with Service Charges) with City staff to review the recommendations for presentation to stakeholders. 2B — Service Charges After meeting with CITY staff, ENGINEER will analyze the data and review the CITY's staff hour information to develop recommendations for the various service charges. ENGINEER will conduct one (1) review meeting (combined with Tapping Fees) with City staff to review the recommendations for presentation to stakeholders. Task 1 C/2C - Concurrence 1 C/2C - Tapping Fees and Service Charqes ENGINEER will assist with preparation of one (1) presentation to the Water Department's Executive Committee. ENGINEER will prepare and present one (1) presentation to the CITY's Development Advisory Committee (DAC) to convey the proposed changes to the Tapping Fees and proposed new Service Charges. Presentation to include study methodology, benchmarks with other evaluated municipalities/utilities, and recommendations for specified fees and charges. Task 1 — Tapping Fee Update Task 1A Tapping Fee Benchmarking Evaluation 1A.1 Project Management 1A.1.a Project Communication i. Conduct one (1) project kick-off meeting (Combined with Task 2A — Service Charges Benchmarking Evaluation) to review Benchmark Cities and discuss information needed from CITY staff ii. Prepare and e-mail monthly progress reports to the project team (CITY and ENGINEER) 1A.1.b Develop project schedule and interim milestones (coordinate with CITY staff at the project kick-off meeting) 1A.1.c Identify stakeholders and CITY staff needed for input (coordinate with CITY at the project kick-off meeting) City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 2 of 6 ATTACHMENT A DESIGN SERVICES FOR WATER USER FEE AND SERVICE CHARGE UPDATE 1A.1.d Project correspondence and coordination 1A.1.e Administration (accounting, correspondence, filing, invoicing) 1 A.2 Data Collection 1A.2.a 2020 CITY ordinance addressing water and sewer tap connections 1A.2.b 2019 Utility Cut Policy Resolution 1A.2.c Existing tap fee policies from up to ten (10) other Texas municipalities/utilities for comparison 1A.2.d CITY data on tap costs for the most current fiscal year, including cost of material and labor 1A.3 Evaluate Existing Fees 1A.3.a Develop comparison mechanism/spreadsheet to evaluate existing CITY tap fees vs. tap fee policies from up to ten (10) other municipalities/utilities i. Conduct up to one (1) meeting (Combined with Task 2A — Service Charge Benchmarking Evaluation) with Water Department to review differences from other municipality's/utility's policies and establish benchmarks for presentation to stakeholders Task 1 B Tapping Fee Recommendations 113.1 Project Management 1 B.1.a Project Communication i. Prepare and e-mail monthly progress reports to the project team 1 B.1.b Project correspondence and coordination 1 B.1.c Administration (accounting, correspondence, filing, invoicing) 1 B.2 Develop fee recommendations for both long and short service line lengths varied by size and pavement type, as well as manhole fees 1 B.2.a Conduct up to one (1) meeting (Combined with Task 2B — Service Charge Recommendations) with Water Department to review recommendations for presentation to stakeholders 1 B.3 Document CITY comments on initial recommendations Task I Tapping Fee Concurrence 1 C.1 Project Management City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 3 of 6 ATTACHMENT A DESIGN SERVICES FOR WATER USER FEE AND SERVICE CHARGE UPDATE 1 C.1.a Project Communication i. Assist with preparation of one (1) presentation to the Water Department's Executive Committee (combined with Task 2D - Service Charge Concurrence) Assist CITY with presentation preparation and attend one (1) presentation to the CITY's Development Advisory Committee (DAC) to convey the proposed changes to the Tapping Fees and proposed new Service Charges (combined with Task 2D - Service Charge Concurrence) 1 C.1.b Project correspondence and coordination 1 C.1.c Administration (accounting, correspondence, filing, invoicing) 1 C.2 ENGINEER to gather input from DAC for necessary revisions and incorporate into revised DRAFT documents to CITY for review and approval. 1 C.3 Submit FINAL documents to CITY for approval at City Council. Task 2 — Service Charge Development Task 2A Service Charge Benchmarking Evaluation 2A.1 Project Management 2A.1.a Project Communication i. Conduct one (1) project kick-off meeting (Combined with Task 1A —Tapping Fee Benchmarking Evaluation) to review Benchmark Cities and discuss information needed from CITY staff ii. Prepare and e-mail monthly progress reports to the project team (CITY and ENGINEER) 2A.1.b Develop project schedule and interim milestones (coordinate with CITY staff at the project kick-off meeting) 2A.1.c Identify stakeholders (coordinate with CITY at the project kick-off meeting) 2A.1.d Project correspondence and coordination 2A.1.e Administration (accounting, correspondence, filing, invoicing) 2A.2 Data Collection 2A.2.a Existing water and sewer study, water and sewer loading, and fire flow review fees, and fire flow field validation fees from up to ten (10) other Texas municipalities/utilities for comparison City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 4 of 6 ATTACHMENT A DESIGN SERVICES FOR WATER USER FEE AND SERVICE CHARGE UPDATE 2A.2.b CITY data on level of effort (hour estimates) for study, loading, and fire flow reviews, and fire flow field validation (general salary information and overhead rates will be needed) 2A.3 Evaluate Existing Fees/Charges 2A.3.a Develop comparison mechanism/spreadsheet to evaluate water and sewer study, water and sewer loading, and fire flow review fees, and fire flow field validation fees from ten (10) other municipalities/utilities i. Conduct up to one (1) meeting (Combined with Task 1A — Tapping Fee Benchmarking Evaluation) with Water Department to review fees from other municipalities/utilities and establish benchmarks for presentation to stakeholders Task 2B Service Charge Recommendations 213.1 Project Management 2B.1.a Project Communication i. Prepare and e-mail monthly progress reports to the project team 2B.1.b Project correspondence and coordination 2B.1.c Administration (accounting, correspondence, filing, invoicing) 2B.2 Develop service charge recommendations utilizing the CITY's staff hour estimates 2B.2.a Conduct up to one (1) meeting (Combined with Task 1 B — Tapping Fee Recommendations) with Water Department to review recommendations for presentation to stakeholders 213.3 Document CITY comments on initial recommendations Task 2C Service Charge Concurrence 2C.1 Project Management 2C.1.a Project Communication i. Assist with preparation of one (1) presentation to the Water Department's Executive Committee (combined with Task 1 D — Tapping Fee Concurrence) ii. Assist CITY with presentation preparation and attend one (1) presentation to the CITY's Development Advisory Committee (DAC) to convey the proposed changes to the Tapping Fees and proposed new City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 5 of 6 ATTACHMENT A DESIGN SERVICES FOR WATER USER FEE AND SERVICE CHARGE UPDATE Service Charges (combined with Task 1 D — Tapping Fee Concurrence) 2C.1.b Project correspondence and coordination 2C.1.c Administration (accounting, correspondence, filing, invoicing) 2C.2 ENGINEER to gather input from DAC for necessary revisions and incorporate into revised DRAFT documents to CITY for review and approval. 2C.3 Submit FINAL documents to CITY for approval at City Council. Additional Services not included in the existinq 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: • Additional presentations not identified in the Scope of Services. • Preparation for, or presentation to, City Council approval. • Preparation of technical memorandum or report to document recommendations. • Updates to Kill Tap Fees/Ordinance. • Ordinance revisions and/or coordination with City Attorney's office related to ordinance revisions. • 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 but are in addition to the amount authorized by the original contract. • Development Advisory Committee (DAC) subcommittee review meetings. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 6 of 6 ATTACHMENT B Design Services for Water User Fee and Service Charge Update Time and Materials with Rate Schedule Project Compensation A. The ENGINEER shall be compensated 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 Cateqory 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 2023 Rate ($/hour) Analyst $150 - $230 Professional $200 - $275 Senior Professional 1 $240 - $330 Senior Professional 11 $295 - $350 Senior Technical Support $150 - $260 Support Staff $105 - $135 Technical Support $95 - $140 ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. 4.6% will be added to each invoice to cover certain other internal office cost expenses as to these tasks, such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. 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. Direct reimbursable expenses such as express delivery services, fees, travel, and other direct expenses will be billed at 1.10 times the cost. 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 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. 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 officer of 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 Water Department monthly progress reports and schedules in the format required by the City. IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount Prime Consultant Kimley-Horn User Fee and Service $84,700 Charge Update Task 1A Evaluation — Tapping Fees $14,400 Task 1 B Recommendation — Tapping Fees $19,800 Task 2A Evaluation — Service Charges $15,700 Task 2B Recommendation — Service Charges $22,200 Task 1 C/2C Concurrence — Tapping Fees and $12,600 Service Charges Proposed MWBE Sub -Consultants None Non-MWBE Consultants None Project Number & Name Water User Fee and Service Charge Update City MWBE Goal = 0% 100% TOTAL $84,700 100% Total Fee MWBE Fee MWBE % $84,700 $0 0% Consultant Committed Goal = 0% Exhibit B-2 Level of Effort Summary - User Fee and Service Charge Update Task Description Evaluation -Tapping Fees Data Collection, Fee Comparisons, City Review Meeting, Analyze Benchmarks Data Collection, Fee/Charge Comparisons, City Evaluation -Service Charges Review Meeting, Analyze Benchmarks Develop Short/Long Water and Sewer Tapping Recommendation - Tapping Fees Fee and Manhole Tapping Fee Recommendations, City Review Meeting, Address Comments Develop Water/Sewer Study, Water/Sewer Loading, and Fire Flow Request Review Fee Recommendation - Service Charges Recommendations, Fire Flow Field Validation Fee Recommendations, City Review Meeting, Address Comments Prepare/Attend 1 DAC Meeting Presentation, Concurrence -Tapping Fees and Prepare/Attend 1 Water Department Executive Service Charges (Combined) Committee Presentation TOTAL Hours Fee 104 $ 14,400 140 $ 19,800 94 $ 15,700 119 $ 22,200 57 $ 12,600 514 $ 84,700 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Water User Fee and Service Charge Update No changes to the Standard Agreement. City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page I of I FORT WORTH ATTACHMENT "D" PROJECT SCHEDULE Tasks 1A/2A: Benchmarkinq Evaluation The Consultant anticipates completion of benchmarking evaluation and data collection within 4 weeks of issuance of the Notice to Proceed. Tasks 1 B/2B: Recommendations The Consultant anticipates developing initial recommendations for Tapping Fees and Service Charges within 4 weeks after completion of data collection and benchmarking evaluation. Tasks 1 C/2C: Concurrence The Consultant anticipates presentation to DAC in August 2023. Consultant understands the City's goal of having the Final Tapping Fees and Service Charges approved by City Council in September 2023. City of Fort Worth, Texas Attachment D Revision Date: 07.20.2018 Page 1 of 1 ATTACHMENT "E" LOCATION MAP Design Services for Water User Fee and Service Charge Update N/A THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page I of I ATTACHMENT 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. 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 the Project. If Insured owns no vehicles, coverage for hired or non -owned 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. c. Workers' Compensation — Insured shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability CFW Standard Insurance Requirements Page 1 of 3 Rev. 10.03.18 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 Engineer pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — If appropriate, 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 claims -made, and maintained for the duration of the contractual agreement and for three (3) 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 thereon, subject to any defense provided by the policy, as its interests may appear. 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 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the CFW Standard Insurance Requirements Page 2 of 3 Rev. 10.03.18 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. 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 Contract Compliance Manager any known loss or occurrence which could give rise to a liability claim or lawsuit 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. 10.03.18 POLICY NUMBER: GL5268169 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 (> Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 f} 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 Name Of Additional Insured Person(s) Or Organization(s) ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. SCHEDULE Location And Description Of Completed Operations PER THE CONTRACT OR AGREEMENT. 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. 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 this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 12:01 AM 04/01/2023 forms a part Of Policy No. WC015893685 (AOs) Issued to Kimley-Horn and Associates, Inc. By NEW HAMPSHIRE INSURANCE COMPANY This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2 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: WC420304B Countersigned by___________________ — (Ed. 6-14) Authorized Representative (D Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing btlSlneSS with locril governmental entity This questionnaire reflects changes made to the law by N.B. 23, 841h Leg., Regular Session. This quoslionnaire is being filed in accordance v41h Chapter 176, Lco-at Government Code, by a vendor who has a business relationship as defined by Section 176ml(I-a) with a 3acai governmental entity and the vendor meets requirements under Section 176.006(a). W lair this quesronnaire must be filed 'Whh the records administrator of the Icca1 gwarnmanzal entity not later than the 7th business day aher the date the vendor ltaoomes aware of facts that require the matemenl to be filed- SoaSection 175.006(a-1), Local Government Code, A vendor commits an offense if the vendor kw;dngly violates Section 176,006, Local Government COD- An otlense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. FORM CIO OFFICE USE ONLY Date Roc*►ed J Fj Check thls box ifyou are filing on update 10 n pt'eviousfy liked questionnaire. (The law requires that you BY an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date, on which you became mvare that the or)ginalty filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the Information is being disclosed, pj Name of officer J Describa each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.002(a)(2)(A), Also describe any family relationship with the local government officer. Complete subparts A a nd B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the kcal government officer or a famih/ membor of the officar receiving or likely to receW taxotrlo income, other than investment incoma, from the vendor? EJYes MNo B. Is thavandor receiving or likely to receive taxable income, other than Investment income, from or at the direction of the local government officer or a famKy member of the officer AND the taxable income is not recallod from the local governmental entity? Yes No J Describe each employment or business relationship that the vendor named In section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership Interest of one percent or more, PIA J Check this box if the vendor has given the local government officer or a [amity member of the officer one or more gifts El 7 9 as described in Section 176,003(a)(2)(8), excluding gifts described in Section 176.003(a-1). J ✓ I �-- '.�?�r attire of vendor doing business wrin the governmental anitly U to Form provided by Texas Ethics Commission weei.ethics,state.tx.us Revised 11I cM21