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HomeMy WebLinkAbout064468 - Construction-Related - Contract - Kimley-Horn and Associates, Inc.CSC No. 64468 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality ("CITY"), and Kimley-Horn and Associates, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Bomber Spur Trail Phase II — Project No. 106243. 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 $644,070.00 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 OFFICIAL RECORD Bomber Spur Trail Phase II Standard Agreement for Engineering Related Design Services CPN 106243 Revised Date: August 18, 2025 CITY SECRETARY Page 1 of 14 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. Designation of Engineer's Personnel (1) The ENGINEER and CITY shall agree upon the designation of the ENGINEER's "Project Manager" prior to starting work on contract. (2) ENGINEER shall inform CITY in writing of a proposed change to their designated project manager prior to making the change or immediately upon receiving notification that the designated project manager is separating employment with the ENGINEER. (3) ENGINEER shall provide resumes to the CITY of the proposed replacement project manager(s), who shall have similar qualifications and experience as the outgoing person, for review and approval. D. 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. City of Fort Worth, Texas Bomber Spur Trail Phase II Standard Agreement for Engineering Related Design Services CPN 106243 Revised Date: August 18, 2025 Page 2 of 14 (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. E. 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. F. 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 City of Fort Worth, Texas Bomber Spur Trail Phase II Standard Agreement for Engineering Related Design Services CPN 106243 Revised Date: August 18, 2025 Page 3 of 14 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. G. 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. H. 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. City of Fort Worth, Texas Bomber Spur Trail Phase II Standard Agreement for Engineering Related Design Services CPN 106243 Revised Date: August 18, 2025 Page 4 of 14 I. 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. 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 effect as of the time copying is performed. K. INSURANCE Engineer shall not commence obtained all insurance required such insurance. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: August 18, 2025 Page 5 of 14 work under this Agreement until it has under Attachment F and City has approved Bomber Spur Trail Phase II CPN 106243 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. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V City of Fort Worth, Texas Bomber Spur Trail Phase II Standard Agreement for Engineering Related Design Services CPN 106243 Revised Date: August 18, 2025 Page 6 of 14 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. 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 City of Fort Worth, Texas Bomber Spur Trail Phase II Standard Agreement for Engineering Related Design Services CPN 106243 Revised Date: August 18, 2025 Page 7 of 14 materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. Litigation Assistance 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 City of Fort Worth, Texas Bomber Spur Trail Phase II Standard Agreement for Engineering Related Design Services CPN 106243 Revised Date: August 18, 2025 Page 8 of 14 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. D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. City of Fort Worth, Texas Bomber Spur Trail Phase II Standard Agreement for Engineering Related Design Services CPN 106243 Revised Date: August 18, 2025 Page 9 of 14 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 property infringement, orfailure 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. City of Fort Worth, Texas Bomber Spur Trail Phase II Standard Agreement for Engineering Related Design Services CPN 106243 Revised Date: August 18, 2025 Page 10 of 14 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. I. 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. 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. City of Fort Worth, Texas Bomber Spur Trail Phase II Standard Agreement for Engineering Related Design Services CPN 106243 Revised Date: August 18, 2025 Page 11 of 14 L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies ENGINEER acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, 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 City of Fort Worth, Texas Bomber Spur Trail Phase II Standard Agreement for Engineering Related Design Services CPN 106243 Revised Date: August 18, 2025 Page 12 of 14 the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 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, 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. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the 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 City of Fort Worth, Texas Bomber Spur Trail Phase II Standard Agreement for Engineering Related Design Services CPN 106243 Revised Date: August 18, 2025 Page 13 of 14 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH IN, WIN 0IJ Dana Burghdoff Assistant City Manager 12/15/2025 noona ATTEST: pfoF°ORr�YaA �Agr bC dO A ,.liac6.0 o°-0 89�0 .rG lannette Goodall a�+�^101 0,011P City Secretary aa�TeXpsaaa 644� APPROVACOMMENDED: By: Dave Lew s Director, Park & Recreation Department APPROVED AS TO FORM AND LEGALITY RV Dough Block( c12,202516 366Tf Douglas W Black Sr. Assistant City Attorney Contract Compliance Manager: BY: ENGINEER Kimley-Hom and Associates, Inc. Scott R. Arnold, P.E. Vice President 12/04/2025 M&C No.: 25-0997 M&C Date: 10/2812025 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. Oliver Penny Landscape Architect Park & Recreation Department clrymwnv .T� OFFICIALRECORD IMnlxr sw Trail Mn 11 SIa�N Agreement lm Egiemg RHa N qn Semss CPN 1%M 12eNsm hate: august 16, M5 CITY SECRETARY Page tam to FT. WORTH, TX City of Fort Worth, Texas Mayor and Council Communication DATE: 10/28/25 M&C FILE NUMBER: M&C 25-0997 LOG NAME: 80BOMBER SPUR PHASE II ENGINEERING SERVICES AGREEMENT SUBJECT (CD 3) Authorize Execution of an Engineering Services Agreement with Kimley-Horn and Associates, Inc., in the Amount of $644,070.00 for Engineering Related Professional Services for the Bomber Spur Trail Phase I I Project RECOMMENDATION: It is recommended that the City Council authorize execution of an engineering services agreement with Kimley-Horn and Associates, Inc., in the amount of $644,070.00 for engineering related professional services for the Bomber Spur Trail Phase II project (City Project No. 106243). DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of an engineering services agreement with Kimley-Horn and Associates, Inc. (Kimley-Horn), in the amount of $644,070.00. Project scope includes engineering design, environmental study, and construction administration services for the Bomber Spur Trail Phase II project. Bomber Spur Trail Phase II will begin south of US Route 377 / Camp Bowie Boulevard at the endpoint of Bomber Spur Trail Phase I improvements. The trail will continue south approximately 1.3 miles to Vickery Boulevard. The trail alignment will be located within the abandoned Bomber Spur rail right-of-way. Anticipated improvements include a 12-foot-wide concrete paved trail, 2-foot-wide shoulders on both sides of the trail, trail structures (retaining walls, drainage structures, etc.), traffic control devices, interpretive trail signs, and landscaping improvements adjacent to the trail. The City Council authorized an Advanced Funding Agreement with Texas Department of Transportation in the amount of $5,907,684.00 on June 10, 2025 (M&C 25-0492) for the Bomber Spur Trail Phase II project. Funding is budgeted in the Grants Cap Projects Federal Fund for the Park & Recreation Department for the purpose of funding the Bomber Spur Trail Phase II project, as appropriated. The Bomber Spur Trail is located in COUNCIL DISTRICT 3. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget as previously appropriated in the Grants Operating Federal Fund for the Bomber Spur Trail Phase II project to support the approval of the above recommendation and execution of the agreement. Prior to expenditures being incurred, the Park & Recreation Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office W. Dana Burghdoff 8018 Originating Business Unit Head: Dave Lewis 5717 Additional Information Contact: Joel McElhany 5745 Attachment A SCOPE OF SERVICES PART 1 - OVERALL PROJECT DESCRIPTION Bomber Spur Trail Phase II study area is within the City of Fort Worth (CITY) beginning approximately 445' south of US 377/Camp Bowie Boulevard and continuing south approximately 1.3 miles to Vickery Boulevard. The trail alignment will be located within the right-of-way of the abandoned Bomber Spur rail and Vickery Blvd. The scope of work to be performed by the ENGINEER consists of preparing design development and final construction documents, environmental study and report for final environmental clearance, and opinions of probable construction costs (OPCC) at each milestone for Bomber Spur Trail Phase II. Phase II engineering design, environmental study, and easement acquisition is solely funded by the CITY. Trail construction is funded by TxDOT and CITY. This new trail shall meet AASHTO design guidelines for bicycle facilities, be 12 feet wide, concrete paved, ADA accessible, and provide a significant link in the Metroplex Veloweb system. Anticipated improvements consist of: ■ Trail paving (12-foot-width concrete paved ADA accessible trail) ■ 2' wide shoulder on both sides of the trail (properly graded shoulder with grass to be mowed on a regular base) ■ Trail structures (retaining walls, etc.) ■ Trail way finding signs ■ 911 location signs (signage to be designed as required and placed every'/4 mile along trail alignment) ■ Storm Drain (drainage headwalls, pipes, inlets, etc.) ■ Landscaping PART 2 - SCOPE OF SERVICES DESCRIPTION Basic scope of services of Phase II will consist of preparation of schematic design documents (30%), design development documents (60%), construction documents (60%, 95%, & 100%), technical specifications (60%, 95%, & 100%), permit assistance, bid assistance and construction administration. Task 1 - Coordination/Management/Communication A) ENGINEER will coordinate and facilitate coordination tasks with the CITY, Partner, Administrator, and other entities as necessary, including but not limited to, NCTCOG, TxDOT, utility companies, and local stakeholders. Attend up to ten (10) agency coordination meetings with the CITY, NCTCOG, TxDOT, utility companies and local stakeholders. B) Attend the following meetings with the CITY and TxDOT to review project, schedule, deliverable, status reporting, community communication, and the construction. • One (1) project kick-off meeting with the CITY and TxDOT • Four (4) drawing deliverables review meetings (30%, 60%, 95% and 100%). • Bi-weekly CITY coordination meetings • Monthly TxDOT coordination meetings • One (1) constructability review meeting in the field after 60% plans. C) Provide the CITY a one -page project status report along with the submittal of monthly invoices throughout the design and construction of the project. Task 2 — Boundary and Topographic Survey A) ENGINEER will, via a subconsultant: a. Research the subject property and all adjoining properties and obtain copies of plats, easements, and deeds. Prepare a working sketch to locate property corners and establish existing boundary/right-of-way/easement lines. b. Establish horizontal control for the project utilizing GPS RTK methodology. Horizontal control will be referenced to the Texas State Plane Coordinate System, NAD-82 (2011), North Central Zone (4202), and scaled to surface using a surface adjustment factor of 1.00012. Approximately fifteen (15) control points will be established along the project corridor. c. Establish vertical control for the project employing differential level loops. Vertical control will be based on GPS derived ellipsoid heights utilizing Geoid18 and adjusted to NAVD 88 elevations. Approximately four (4) benchmarks will be established along the project corridor. d. Provide a topographic/design survey of approximately 7,230 linear feet from south of US 377/Camp Bowie to +/- 200 linear feet east along Vickery Boulevard. The survey will consist of locating all existing features X, Y, and Z, such as water valves, water meters, curb and gutter, asphalt, sidewalks, fences, driveways, storm and sanitary sewer manholes with flow line elevations, inlets and storm drain outfalls with flow line elevations, tops and toes of slope, power poles, mailboxes, signs, telephone risers, and any other above ground visible features. e. Deliverables will consist of a digital file in dwg or dgn format containing all features located in the field, one -foot interval contours and TIN, and a digital file containing existing boundary/right-of-way/easement lines. Other deliverables will consist of a copy of all field notes and drawings, a point file of all points located in the survey, and a LandXML file. Task 3 — Geotechnical Survey Subsurface Drilling: A) Geotechnical ENGINEER will evaluate subsurface conditions with following borings (quantities to be recommended by ENGINEER): • Retaining wall borings • Shallow trail borings Engineering Report and Recommendation: B) A geotechnical report will be prepared to present the results of the field and laboratory data together with analyses of the results and subgrade stabilization recommendations. Geotechnical ENGINEER will provide a PDF electronic copy of the report. The report will address: • Plan of borings, boring logs, water level observations, and laboratory test results. • Foundation recommendations for the short retaining walls. Global stability analyses have not been included for the short retaining walls. • Comments on the presence and effect of expansive soils on slab -on -grade construction will be provided. Alternative methods of reducing any anticipated shrink/swell movements associated with expansive clays will be included for slab -on grade construction. • Pavement subgrade stabilization recommendations. • Recommendations for site grading and compaction of earthwork will be presented. Task 4 — Construction Documentation ENGINEER will update previous schematic and submit to TxDOT for 30% design drawings. ENGINEER will deliver design drawings, specifications, and OPCC documents at 60%, 95% and 100% milestones to the CITY and TxDOT on the dates set on the project schedule. Drawing sheets and specifications shall use format provided by TxDOT. Design documents should include each of the anticipated improvements identified in PROJECT DESCRIPTION section. Design for all improvements shall follow current TxDOT and CITY design standards, and AASHTO design guidelines for bicycle facilities unless directed otherwise by TxDOT and CITY. Besides the anticipated improvements mentioned below, ENGINEER's design plans shall also contain the following base information: 0 Project name, street address, and lot and block description. • Date, scale, north point, and the names, addresses, and telephone numbers (if readily available) of each property owner and the person preparing the plan. • Location of existing boundary lines and ROW (with proposed property/easement acquisitions marked and with ownership data summary table on each sheet). • Approximate centerlines of existing water courses and the location of the flood plain; the approximate location of significant drainage features; and the location of existing and proposed streets and alleys, driveways, and sidewalks on or adjacent to the lot. • Location of centerlines of overhead and underground utility lines within and adjacent to the site, and the location of all utilities, utility easements, including the location of utility poles, generators, and equipment. ENGINEER's design plans shall be suitable for use in 22-inch x 34-inch and 11-inch x 17-inch format with black and white line work and with screened -back aerial photo background in the overall site plan. ENGINEER shall provide CITY with PDF files are each milestone submittal, three (3) hardcopies (1 full-size and 2 half-size for plan sets) and CAD files at final construction set submittal. ENGINEER shall, at request of CITY, transmit to CITY electronic copies of ENGINEER work product components including data, photos, images, text, designs, and cost opinions for project -related use by CITY including project budgeting and project coordination/communication. After each milestone review, ENGINEER shall update design drawings and OPCC incorporating input from CITY and TxDOT and provide formal response to the comment for CITY record. ENGINEER shall provide a Materials Reference Exhibit and Conceptual Trailhead Design Options (up to 3) to the CITY for review. A) 60%, 95% and 100% Construction Documents ENGINEER's construction drawings will consist of the following sheets shown below: • Cover • Sheet Index • TxDOT General Notes • Typical Sections • Quantity Summary • Project Location Map • ROW Strip Map • Traffic Control Plan and Detours • Project Control Plan • Existing Conditions and Removals Plan • Overall Paving Layout with key map and references to plan sheets (1 sheet) • Paving Plan and Profile (1:20 scale) • Cross Sections (every 50') • Grading Plan • Existing Drainage Area Map • Proposed Drainage Area Map • Drainage Calculations • Storm Drain Plan and Profile • Signing and Striping • 911 Location Signs: ENGINEER shall design the 911 signs based on the standards provided by CITY. ENGINEER shall also show the location of the signs on the plans and provide the coordinate points of signs in a schedule. 911 signs should be located along the entire length of the trail at 1/4-mile intervals. • Pedestrian Hybrid Beacon Plan • Planting Plan (complete description of new plant materials, including names locations, quantities, and sizes at installation, heights, spread, and spacing.) • Erosion Control (including construction access points, circulation routes, and equipment and material storage locations) • TxDOT Stormwater Pollution Prevention Plan (SWPPP) summary sheets • Environmental Permits, Issues, and Commitments (EPIC) Sheet • Engineering and Landscape Details • Retaining Wall Design (only apply to 60%, 95% and 100%): ENGINEER will prepare structural calculations and construction plans for up to four (4) wall locations. Proposed wall locations are at the northern and southern approaches to Willis Ave. The retaining walls on each side of the trail are anticipated to be a typical cantilever retaining wall between the proposed trail and existing grades. Retaining wall design will consist of: o Retaining wall plan and profile sheets o Retaining wall details, consisting of: ■ Standard or custom structural details ■ Backfill and drainage system details ■ Handrail details ■ Aesthetic details • Technical specifications for all site improvements following TxDOT standards (Only apply to 60%, 95% and 100%). ENGINEER's 100% construction drawings will consist of a sealed and signed construction document package (both hardcopy and electronic version) for bid. ENGINEER shall incorporate any remaining comments from CITY and TxDOT regarding 95% construction document package before the final submittal of 100% package. B) Cost Estimates ENGINEER shall provide an OPCC at each of the delivery milestones as described above. ENGINEER's opinion of probable construction cost shall be based on the quantities indicated on the ENGINEER's plans and on unit prices current at the time of the cost opinion preparation. Because the ENGINEER does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiarwith the industry. The ENGINEER cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. Task 5 — Environmental Study Categorical Exclusion (CE) Documentation ENGINEER shall perform the following studies related to environmental process for Categorical Exclusion (CE) documentation required by TxDOT since federal funds will be used for the construction of this project. An environmental review and appropriate documentation are required for the proposed project in accordance with the National Environmental Policy Act (NEPA) of 1969 and the Council on Environmental Quality (CEQ) Regulations, 23 Code of Federal Regulations (CFR) Part 771, and 43 Texas Administrative Code JAC) Chapter 2, Subchapter C. The scope of work should assume that the proposed improvements would meet the requirements of 23 CFR 771.117, Categorical Exclusions. The environmental process will follow guidance published by TxDOT regarding CE determinations. The project is assumed to be considered a "c-list" CE project based on 23 CFR 771.117(c)(3) Construction of bicycle and pedestrian lanes, paths, and facilities. In the event it is determined by TxDOT that a CE is not the appropriate level of documentation for the project, ENGINEER will notify the CITY and a supplemental scope of work will be prepared to allow completion of other suitable documentation. The following tasks will be necessary to receive a CE determination from TxDOT. A) Coordination/Administration and Quality Assurance/Quality Control ENGINEER shall be responsible for directing and coordinating activities associated with the environmental services, including necessary coordination with local and/or state agencies. Appropriate communication will be maintained between ENGINEER and the CITY. ENGINEER shall conduct quality assurance/quality control reviews for all draft and final deliverables throughout the duration of the project. B) Project Scoping The purpose of this task is to provide scoping documentation to TxDOT to initiate the CE process and identify the technical studies that will be required for the project. ENGINEER shall obtain digital environmental information available from appropriate local, state, and federal agencies. Data collected through this task will be stored in Geographic Information System (GIS) format. ENGINEER shall complete a Project Description Form and Work Plan Development 1 and 2 ECOS Screens (collectively known as the Scoping Documents) and submit to TxDOT. The following resources will be addressed in the Scoping Documents: • Air Quality • Cultural Resources • Community Impacts • Biological Resources • Water Resources • Hazardous Materials • Traffic Noise • Section 4(f) & Section 6(f) • Parks and Wildlife Code, Chapter 26 • Natural Resources Code, Chapter 183 • Public Involvement C) Technical Reports The purpose of this task is to prepare resource agency coordination requests and technical reports for resources that require additional assessment as defined in the Scoping Documents. The documentation and technical reports shall be submitted to TxDOT Fort Worth District and revised in accordance with comments received from TxDOT. It is anticipated that the following technical reports will be necessary to environmentally clear the project: • Archeological Resources Background Study • Biological Resource Deliverables: o Species Analysis Spreadsheet (pdf and the Macro -enabled Excel file) o Species Analysis Form (pdf) o USFWS IPaC Official Species List with the access date in the filename (pdf) o TPWD RTEST with the access date in the filename (pdf) o NDD figure and Element Occurrence Records with access date in the filename (pdf) o All supporting documents in a single pdf — includes project location, topo, aerial(s), EMST, Observed Veg, , photos, a complete species impact table that includes SGCNs that were assessed, soils report, etc. o EMST Excel spreadsheet • Water Resource Deliverables o Surface Water Analysis Form o Section 404/10 Impacts Form • Hazardous Materials Initial Site Assessment • Historic Resources Project Coordination Request E) Environmental Permits, Issues, and Commitments (EPIC) Sheet An environmental permits, issues, and commitments (EPIC) design sheet shall be prepared and submitted to TxDOT and revised in accordance with comments received from TxDOT. Task 6 — Construction Administration A) Bidding Upon the completion of final construction documents, ENGINEER shall process to assist CITY in the selection of qualified contractor to complete the project. ENGINEER's tasks are as follows: • Attend pre -bid meeting in support of the CITY; • Prepare and submit written responses to bidder requests for information (RFI's). Preparation of any addenda to the Contract Documents as may be required during the bidding process; • Propose and/or evaluate value engineering with respect to cost implications and effect on quality and/or scope of the work; and • Evaluation and assessment of bids, and prepare the bid tabs. This task assumes project is bid only one time. B) Construction Administration Attend one pre -construction meeting in support of the CITY; Review shop drawings (up to five) and contractor submittals as they relate to the overall site development and general conformance of the design as set forth by the contract documents; Assist in the review of substitutions, contractor schedule reports and pay requests; • Attend bi-weekly online meetings (up to 30 meetings) during construction phase of the project; • Perform up to three required site visits and provide a written report of each site visit; • Participate in final walk-through, keep notes, and provide a punch list of construction items requiring corrective action prior to the contractor's final pay request and CITY's acceptance; • Determine and certify substantial completion. Sign and seal Construction Completion Certification (certification shall be executed on a form provided by the TxDOT). Site visits will not be exhaustive or extend to every aspect of Contractor's work, but will be limited to spot checking, and similar methods of general observation. Based on the site visits, ENGINEER will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Document and keep CITY informed of the general progress of the work. ENGINEER will not supervise, direct, or control Contractor's work, and will not have authority to stop the Work or responsibility for the means, methods, techniques, equipment choice and use, schedules, or procedures of construction selected by Contractor, for safety programs incident to Contractor's work, or for failure of Contractor to comply with laws. ENGINEER does not guarantee Contractor's performance and has no responsibility for Contractor's failure to perform in accordance with the Contract Documents. ENGINEER is not responsible for any duties assigned to it in the construction contract that are not expressly provided for in this Agreement. Task 8 — Miscellaneous Tasks A) Drainage Check List CITY Stormwater division will require the submittal of Drainage Check List to demonstrate proposed trail's impact on the drainage pattern of surrounding area. An additional H&H study may be required per future CITY Stormwater comment and will be negotiated separately. B) State Accessibility Plan Review Upon completion of 100% Plan submittal, the ENGINEER shall submit plans and specifications to a Registered Accessibility Specialist (RAS) for review. ENGINEER will coordinate and pay for TDLR review. C) Tree Removal Permit The ENGINEER shall coordinate with the City of Fort Worth Forester in the Park and Recreation Department (PARD), submit and obtain approval of a Tree Removal Permit when required. PART 3 — PROJECT SCHEDULE ENGINEER shall submit project schedule for CITY review and approval. Anticipated construction letting date is in March, 2027. ATTACHMENT B COMPENSATION Design Services for Bomber Spur Trail Phase II City Project No. 106243 Lump Sum Project Compensation A. The ENGINEER shall be compensated a total lump sum fee of $644,070.00 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 III. 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 Park and Recreation Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B Revised Date: 08/18/2025 Page 1 of 3 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Kimley-Horn and Associates, Inc. $611,770.00 95.0 Proposed Sub -Consultants CMJ Engineering, Inc. Geotechnical Survey $11,800.00 1.8 Tree Mann Solutions, Tree Survey LLC $13,400.00 2.1 GAP Consulting, Inc. TAS Review & Inspection $2,500.00 0.4 Acacia Heritage Environmental Cultural Consulting Resources $4,600.00 0.7 TOTAL $644,070.00 100% Project Number & Name Total Fee Sub Fee CPN 106243 Bomber Spur Trail Phase II $644,070.00 $32,300.00 City of Fort Worth, Texas Attachment B Revised Date: 08/18/2025 Page 2 of 3 EXHIBIT "13-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth, Texas Attachment B Revised Date: 08/18/2025 Page 3 of 3 B-3 E ! \\� � . | 4/� \G# g/9 |;. �) |! |! )i R04 E)2I t|I ! | | |� !! � !� ! |� ! |, )\! ) . � )\� |!,! Q# \=0 )� / ,\ � )) }||§!;| |.....__.;: !! :! E|) !! !! )| Eli,§l,,;, ;ll..,,:;;. !., ... ) � � | �0 WO moo | (§§||||) | I d:f )\ ))i||t§( / ) �\}\\61 {OR ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Bomber Spur Trail Phase I I City Project No. 106243 NO CHANGES City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of I Inn 0 IMMENSENESS n s l - . . loss■,monsoon on l o 1onion ..................... noon. .................... noon. Ions.. ........ .noon. .... .,,, ■,,,, ■,,,, ■,,,, s l Ninon ..................... ..................... ..................... r- €3,uuuuuuuuuuuuuu ............................... . Ninon nnnon E; ............................. N,,,,,non ......son €nun _©- ......................... nnnnn,,,,,,,,,,,,,on N,,,,,son N,,,,,non © C ................ ........non non ................... .n noon..sin C- H 11 son son on on loss son on I €-u H-11-MIN111 - -,,,,,,,,,,, n. III, nn, , ,, ,,,,,N,,, loss11 1' „ n , ■ 1111 inn..soil mom, -,,,,,,,,,,1 „n„N,,, iiiiiiinn, 0�1 ,uu,B,liM'M'. I - I IR ATTACHMENT"E" Bomber Spur - Phase II ' wet Ell "re, a N �O�ve H We envwer LAnaz Hate _ --- ,.. Gel, a Spur 580 Applied we, US 377 e�'vo� a Acadeny / a Apo+° f� P - d / Nya'CWap. g W d � Bomber Spur ? Phase I --/ CSJ 0902-90-337 Bomber Spur Phase II SH 183 Beginning Point .e,ne Ridglea Hills Ril cau'rr Norm 6 all Owl m SH 183 Pensacola Aeerrx 3\ Crossing seed wen 92ia \\ M` g Wna Avenae \ e da y �3 k Willis Avenue X Crossing Rived Will Avmue CUNx hvel 9 SH 183 om: o J�uAFe qBC LBWVevard �: e emce,wex i wrnm src.x;k „ River Park wycim svwt — senaerom c Riverstone ApaNnents we:rvkxe"rye —/ — CSJ 0902-90-337 1 - trlbutMaps r Bomber Spur Phase ll ioity Maps co titai�orz Map lryer co Otanc Map ally Esz by ESfiir•- a"° agVo^ „s0 End Point _ 103'.. _._� 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. 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 bythe 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 coincidentwith or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 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) Locationls) 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. CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 2 ❑ A. Section II - Who Is An Insured is amended to include as an additional insured the persons) 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. 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 0 Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: GL5268169 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 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 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 — 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 pan, 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 infonnukon below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 12:01 AM 04/01 /2025 fors a part of Policy No. WC 067-96-1230 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 hem 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: INCLUDED WC 420304E Countersigned by__________________- - - - - _ r (Ed. 6.14) Authorized Representative ©Copyright 2014 Nabonal Council on Compensation Insurance, Inc. All Rights Reserved. CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f 1 Complete Nos. 1-4 and 6'd there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2025-1384281 Kimley-Horn and Associates, Inc. Dallas, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 11/03/2025 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmenW entity or state agency to track or identity the contract, and provide a description of the services, goods, or other property to be provided under the contract. 106243 Bomber Spur Trail Phase II project Party 4 Name of InterMad P City, State, Court lace of business) try (p Nature of interest (check applicable) Controlling I Intermediary Flanagan, Tammy Dallas, TX United States X McEntee, David Dallas, TX United States X Keil, Ashley Dallas, TX United States X Mutti, Brent Dallas, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSIMORN DECLARATION My name is and my date of birth is �1 My address is USA _-_ __]=J lady) Isbte) (dp cook) (county) I declare under penalty of perjury that the foregoing is true and correct. Fxeoted in Dallas County, State of Texas ,In the 3rd dayof November .2025 - (month) (year) Signature of horireda m of contracting business entity (Dedi Forms provided by Texas Ethics Commission vmrv.'.ethics.state.N.us Version V4.1.0.fl OdDR18 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Kimley Horn and Associates, Inc. Subject of the Agreement: Standard Agreement for Engineering Related Professional Services M&C Approved by the Council? * Yes ® No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ® No ❑ If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ® Ifonly speck information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: If diereni from the approval date. If applicable. Is a 1295 Form required? * Yes ® No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 106243 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ® No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.