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HomeMy WebLinkAbout065655 - Construction-Related - Contract - Kimley-Horn and Associates, Inc.CITY OF FORT WORTH, TEXAS CSC No. 65655 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: Chapel Hill Park, Cibolo Hill Park, Harriet Creek Ranch Park and Kristi Jean Burbach Park Improvements— Project No.106675. 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 $461,475.00 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 Chapel Hill, Cibolo Hill, Harriet Creek Ranch & Kristi Jean Burbach Park Improvements Standard Agreement for Engineering Related Design Services CPN 106675 Revised Date: August 18, 2025 OFFICIAL RECORD Page 1 of 14 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. 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 Chapel Hill, Cibolo Hill, Harriet Creek Ranch & Kristi Jean Burbach Park Improvements Standard Agreement for Engineering Related Design Services CPN 106675 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 Chapel Hill, Cibolo Hill, Harriet Creek Ranch & Kristi Jean Burbach Park Improvements Standard Agreement for Engineering Related Design Services CPN 106675 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 Chapel Hill, Cibolo Hill, Harriet Creek Ranch & Kristi Jean Burbach Park Improvements Standard Agreement for Engineering Related Design Services CPN 106675 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 work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. L. Independent Consultant City of Fort Worth, Texas Chapel Hill, Cibolo Hill, Harriet Creek Ranch & Kristi Jean Burbach Park Improvements Standard Agreement for Engineering Related Design Services CPN 106675 Revised Date: August 18, 2025 Page 5 of 14 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. ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City City of Fort Worth, Texas Chapel Hill, Cibolo Hill, Harriet Creek Ranch & Kristi Jean Burbach Park Improvements Standard Agreement for Engineering Related Design Services CPN 106675 Revised Date: August 18, 2025 Page 6 of 14 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 materials. In consideration of the associated risks that may give rise to City of Fort Worth, Texas Chapel Hill, Cibolo Hill, Harriet Creek Ranch & Kristi Jean Burbach Park Improvements Standard Agreement for Engineering Related Design Services CPN 106675 Revised Date: August 18, 2025 Page 7 of 14 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 amended or a separate agreement will be negotiated between the parties. City of Fort Worth, Texas Chapel Hill, Cibolo Hill, Harriet Creek Ranch & Kristi Jean Burbach Park Improvements Standard Agreement for Engineering Related Design Services CPN 106675 Revised Date: August 18, 2025 Page 8 of 14 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 Chapel Hill, Cibolo Hill, Harriet Creek Ranch & Kristi Jean Burbach Park Improvements Standard Agreement for Engineering Related Design Services CPN 106675 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, 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. City of Fort Worth, Texas Chapel Hill, Cibolo Hill, Harriet Creek Ranch & Kristi Jean Burbach Park Improvements Standard Agreement for Engineering Related Design Services CPN 106675 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. L. Immigration Nationality Act City of Fort Worth, Texas Chapel Hill, Cibolo Hill, Harriet Creek Ranch & Kristi Jean Burbach Park Improvements Standard Agreement for Engineering Related Design Services CPN 106675 Revised Date: August 18, 2025 Page 11 of 14 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 the contract. The terms "boycott energy company" and "company" have the City of Fort Worth, Texas Chapel Hill, Cibolo Hill, Harriet Creek Ranch & Kristi Jean Burbach Park Improvements Standard Agreement for Engineering Related Design Services CPN 106675 Revised Date: August 18, 2025 Page 12 of 14 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 Chapel Hill, Cibolo Hill, Harriet Creek Ranch & Kristi Jean Burbach Park Improvements Standard Agreement for Engineering Related Design Services CPN 106675 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 Dana Burghdoff Assistant City Manager Date: 08/11 /2026 a� pORTwad ATTEST: nEXoso.d Jannette Goodall City Secretary cc cc BY: ENGINEER Kimley-Horn and Associates, Inc. Scott R. Arnold, P.E. Vice President Date: 08/05/2026 APPROVAL RECOMMENDED: %Vela 7howtaim -1y S P Tc, 10, 2026 14:1843 CDT) gy. SP Teresa Thomason Deputy Director, Park & Recreation Department APPROVED AS TO FORM AND LEGALITY warn By: Douglas Black (Aug 10. 2026 14:30:43 CDT) Douglas W Black Sr. Assistant City Attorney Contract Compliance Manager: M&C No.: 26-0419 M&C Date: 06/09/2026 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. Blaise Grissom Park Planner OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Chapel Hill, Cibolo Hill, Harriet Creek Ranch & Kristi Jean Burbach Park Improvements Standard Agreement for Engineering Related Design Services CPN 106675 Revised Date: August 18, 2025 Page 14 of 14 M&C Review Page I of 3 r_I CITY COUNCIL AGEND Create New From This M&C DATE: 6/9/2026 REFERENCE **M&C 26- LOG NAME: NO.: 0419 CODE: C TYPE: CONSENT PUBLIC HEARING: Official site of the City of Fort Worth, Texas FORTWORTI-I "111v 80CHAPEL HILL, CIBOLO, HCR AND KJB PARKS ENGINEERING SERVICES NO SUBJECT: (CD 4, CD 7 and CD 10) Authorize Execution of an Engineering Agreement with Kimley Horn and Associates, Inc. in an Amount Up to $560,000.00 for Fiscal Year 2026 Chapel Hill, Cibolo Hill, Harriet Creek Ranch and Kristi Jean Burbach Park Improvements Project, Adopt Appropriation Ordinance, and Amend the Fiscal Years 2026-2030 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an engineering agreement with Kimley Horn and Associates, Inc. in an amount up to $560,000.00 for Fiscal Year 2026 Chapel Hill, Cibolo Hill, Harriet Creek Ranch and Kristi Jean Burbach Park Improvements project (City Project No. 106675); 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the PARD Dedication Fees Fund in the cumulative amount of $1,493,787.00, with no net change to overall appropriations, by (I) increasing estimated receipts and appropriations in the PARD New Enhancements Programmable project (City Project No. P00132) in the amount of $1,493,787.00 and (II) decreasing the (a) PARD Maintenance & Replacement Programmable project (City Project No. P00133) by $849,000.00; (b) PARD Studies Programmable project (City Project No. P00119) by $75,000.00; (c) PARD Dedication Fee Unspecified Funds (City Project No. UNSPEC) by $368,000.00; and (d) Neighborhood Unit 5-17 (City Project No. UN8048) by $201,787.00; and 3. Amend the Fiscal Years 2026-2030 Capital Improvement Program. DISCUSSION: The purpose of the Mayor and Council Communication (M&C) is to authorize an engineering agreement with Kimley Horn and Associates, Inc. in an amount up to $560,000.00 for the Fiscal Year (FY) 2026 Chapel Hill, Cibolo Hill, Harriet Creek Ranch and Kristi Jean Burbach Park Improvements project and to reallocate funds among various projects to pay for the agreement without increasing total appropriations. The purpose of this project is to prepare plans and construction documents for four parks, including Master plan designs for Chapel Hill Park and Cibolo Hill Park, and construction documents for improvements in Cibolo Hill Park, Harriet Creek Ranch Park and Kristi Jean Burbach Park. Improvements include walking trails, pavilions, playgrounds, lighting, natural areas, sports courts, site furniture, and sports fields. After construction documents have been prepared for Cibolo Hill Park, Harriet Creek Ranch Park and Kristi Jean Burbach Park the City will go out to bid for construction services. Total Project Funding (Design and Construction Phases): PARK NAME Chapel Hill CAPITAL FUND NAME PARD Dedication Fees �(301 10) JAUTHORITY11 this M&C MOUNT $75,000.00 Cibolo Hill IF this M&C 11 $820,787.00 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=34462&councildate=6/9/2026 6/11/2026 M&C Review Page 2 of 3 PARD Dedication Fees (30110) Harriet Creek PARD Dedication Fees Ranch �(301 10) this M&C $598,000.00 Kristi Jean PARD Dedication Fees Burbach �(301 10) FY25 CIP $274,258.00 Total 1 1$1,768,045.00 Funding for this project was not included in the FY2026-2030 Capital Improvement Program due to projects initially budgeted in other PARD Programmables. The action in this M&C will amend the FY2026-2030 Capital Improvement Program as approved in connection with Ordinance 27979-09- 2025. Adoption of the attached appropriation ordinance will move funds within the PARD Dedication Fees Fund from the PARD Maintenance & Replacement Programmable project, the PARD Studies Programmable project, Neighborhood Unit 5-17 project and Unspecified -All Funds project to the same PARD New Enhancements Programmable project for the FY 2026 Chapel Hill, Cibolo Hill, Harriet Creek Ranch and Kristi Jean Burbach Park Improvements project for the Park & Recreation Department. Kristi Jean Burbach Park is located in COUNCIL DISTRICT 4. Chapel Hill Park and Cibolo Hill Park are located in COUNCIL DISTRICT 7. Harriet Creek Ranch Park is located in COUNCIL DISTRICT 10. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the PARD Maintenance & Replacement Programmable project, the PARD Studies Programmable project, Neighborhood Unit 5-17 project and Unspecified -All Funds project within the PARD Dedication Fees Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the PARD Dedication Fees Fund for the PARD New Enhancements project to fund the 26 Chapel Hill Cibolo HCR KJB project to support execution of the agreement. Prior to an expenditure being incurred, the Park & Recreation Department has the responsibility of verifying the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Dana Burghdoff (8018) Originating Department Head: Teresa Thomason (5708) Additional Information Contact: Joel McElhany (5745) ATTACHMENTS 80 Chapel Hill Cibolo Harriet Creek Ranchv2.xlsx (CFW Internal) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=34462&councildate=6/9/2026 6/11/2026 M&C Review Page 3 of 3 80CHAPEL HILL CIBOLO HCR AND KJB PARKS ENGINEERING SERVICES ordinance hwk5.13.26 CLEAN.docx (Public) 80CHAPEL HILL, CIBOLO, HCR AND KJB PARKS ENGINEERING SERVICES funds avail.docx (CFW Internal) CHAPEL HILL SITE MAP.docx (Public) CIBOLO HILL SITE MAP.docx (Public) Form 1295 Certificate 101530330.pdf (CFW Internal) HARRIET CREEK RANCH SITE MAP.docx (Public) KRISTI JEAN BURBACH SITE MAP.docx (Public) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=34462&councildate=6/9/2026 6/11/2026 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2026-1454944 Kimley-Horn and Associates, Inc. Dallas, TX United States Date Filed: 04/29/2026 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Fort Worth, Texas Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Fort Worth Park Proposal Chapel Hill Park, Cibolo Hill Park, Harriet Creek Park, and Kristi Jean Burbach Park 4 Name of Interested Party City, State, Country (place of business) 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 UNSWORN DECLARATION My name is Tyler Henrichs and my date of birth is 09/28/1990 My address is 13455 Noel Road, Two Galleria Office Tower, Suite 700 Dallas TX 75240 USA (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Dallas County, State of Texas on the 29th day of April 2026 (month) (year) Signature of autAbrized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.b6ef2aab Attachment "A" DESCRIPTION OF SERVICES City of Fort Worth, TX PROJECT #1: CHAPEL HILL PARK MASTER PLAN Proiect Understandin It is our understanding that the City of Fort Worth, Texas (City) would like Kimley-Horn and Associates, Inc. (KH) to provide Master Plan design services for Chapel Hill Park which is located in North-West Fort Worth, south of Bonds Ranch Road, west of Saginaw Boulevard, north of Boat Club Road, and east of Morris Dido Newark Road. It is approximately 68.16 acres. Citv Resaonsibilities KH understands that City will provide the following information, on which it may rely, for its use in completing this Scope of Services: A) Boundary survey has been provided by the City B) Any City of Fort Worth design requirements or standards applicable to each park in the project. C) Any record drawings (infrastructure and development record plan), existing plans and specifications of the park; City standards or examples for the proposed site improvements, within or adjacent to the site. Services Task 1 Project Management and Meetings KH will manage its design team and subconsultants, facilitate communication, coordinate internally and externally with members of the project team and City staff, and address project issues and review design decisions with the City's Project Manager and other assigned City representatives. KH will attend up to five (5) meetings with City staff as described below. This task includes up to 50 hours of KH effort. Meetings KH will attend the following meetings with City as part of this task. A) Meeting #1 — Project Kickoff Meeting KH attends one (1) project kickoff meeting with the City to review the project scope, schedule, deliverables, status reporting, and expectations for the project. B) Meeting #2 -Public Meeting No.1 KH coordinates with the City to conduct one (1) public work session before design work commences to gather input from residents by presenting initial programmatic ideas, precedent images, possible design elements as agreed upon with City. KH will provide two representatives to attend the public meeting and provide the related meeting notes. C) Meeting #3 — Master Plan Design Review Meeting KH attends one (1) meeting with the City staff to review the preliminary Master Plan and receive comments from the City. 2 D) Meeting #4 - Public Meeting No.2 KH coordinates with the City to conduct one (1) public presentation session after the preliminary Master Plan design to gather input from the residents and other stakeholders to further refine the plan. KH will provide two representatives to attend the public meeting and provide the related meeting notes. E) Meeting #5 — Park Board Meeting KH attends one (1) regularly scheduled Park Board meeting to present the final Master Plan as an information item. KH will provide one representative to attend the board meeting. Task 2 Field Visit and Data Collection KH shall perform the following tasks: A) Gather and review available relevant project data provided by the City and other sources. B) One project site visit to observe and photographically document existing observable above -ground conditions within the project limit. C) Prepare a project base map for the project site utilizing KH's gathered relevant project data. Project Base Map will be in digital (PDF/ACAD2020) format. It includes black and white line work and color aerial (300dpi). Task 3 Illustrative Master Plan Booklet KH shall perform the following tasks: A) Production efforts for exhibition boards to be presented at the public meetings listed in Task 1. B) Illustrative Master Plan Based upon data gathered and input received in previous tasks, KH shall prepare preliminary and final Master Plans. Two (2) preliminary Master Plan options will be prepared in a hand -sketched format and submitted to the City for review and comment, which will be incorporated into the final Master Plan. KH will attend one (1) design review meeting included in Task 1. C) Preliminary Opinion of Probable Construction Cost (OPCC) for Final Master Plan Once the final Master Plan is approved. KH will provide a preliminary OPCC based on the quantities indicated on the Master Plan. Because KH 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, will be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. KH cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. DeliverahlPs KH shall provide a Master Plan booklet that consists of site background, bubble diagram, site context analysis, public meeting summaries, stakeholder & public comments, preliminary and final Master Plans, and OPCC. The booklet will be in 22" x 34" digital PDF format. 3 Task 4 On -Call Services At the City's request, KH will provide assistance on Project related matters including preparing for and attending meetings or conference calls with the City and City's consultant outside of those listed in the previous tasks. Due to the unpredictability of the effort required at the time of this Agreement, Kimley-Horn will provide these services on an hourly basis at the Client's request at our then current hourly rates. 4 PROJECT #2: CIBOLO HILL PARK MASTER PLAN AND PHASE 1 DEVELOPMENT Project Understandin It is our understanding that the City of Fort Worth, Texas (City) would like Kimley-Horn and Associates, Inc. (KH) to provide professional design services for Cibolo Hill Park, which is located in North-West Fort Worth, south of Peoria Drive, west of N Saginaw Blvd, north of Cibolo Hills Pkwy, and east of Shoshoni Dr. It is approximately 15.21 acres. Total budget for phase 1 construction is $1.2 Million. Phase 1 design plans will be prepared to align with the available construction budget. Design of additional park elements or additional scope in excess of $1.2 Million estimated construction value will be provided as an additional service. Plat for this park has been done. The fees and level of effort presented herein are based on Parks #2, #3, and #4 progressing through design review, bidding, and construction administration concurrently as a coordinated program. Should any of the projects be advanced separately, require independent review cycles, separate bid packages, or additional coordination beyond the assumptions of this scope, such effort shall be considered Additional Services and shall be authorized through a mutually agreed upon amendment. Citv ReWonsibilities KH understands that the City will provide the following information, on which it may rely, for its use in completing this Scope of Services: 1) Any Boundary information of the park. 2) Any City of Fort Worth design requirements or standards applicable to each park in the project. 3) Any record drawings (infrastructure and development record plan), existing plans and specifications of the park; City standards or examples for the proposed site improvements, within or adjacent to the site. Services Task 1 Project Management and Meetings KH will manage its design team and subconsultants, facilitate communication, coordinate internally and externally with members of the project team and City staff, and address project issues and review design decisions with the City's Project Manager and other assigned City representatives. KH will attend up to four (4) meetings with the City staff as described below. This task includes up to 45 hours of KH effort. Meetings KH will attend the following meetings with the City as part of this task. A) Meeting #1 - Public Meeting No.1 KH coordinates with City to conduct one (1) public work session before design work commences to gather input from residents by presenting initial programmatic ideas, precedent images, and possible design elements as agreed upon with the City. KH will provide two representatives to attend the public meeting and provide the related meeting notes. B) Meeting #2 - Public Meeting No.2 KH coordinates with City to conduct one (1) public presentation session after initial conceptual design has been completed to gather input from residents and other stakeholders to further refine design. KH will provide two representatives to attend the public meeting and provide the related meeting notes. If a project kick-off meeting or a Master Plan design review meeting is required for this project, they will be combined into the meeting for Chapel Hill Park. A) Meeting #3 — 30% Construction Document Review Meeting B) Meeting #4 — 60% Construction Document Review Meeting C) Meeting #5 — 90% Construction Document Review Meeting Task 2 Field Visit and Data Collection KH shall perform the following tasks: A) Gather and review available relevant project data provided by the City and other sources. B) One project site visit to observe and photographically document existing observable above -ground conditions within the project limit. C) Prepare a project base map for the project site utilizing KH's gathered relevant project data. Project Base Map will be in digital (PDF/ACAD2020) format. It includes black and white line work and color aerial (300dpi). Task 3 Illustrative Master Plan Booklet KH shall perform the following tasks: A) Production efforts for exhibition boards to be presented at the public meetings listed in Task 1 B) Illustrative Master Plan Based upon data gathered and input received in previous tasks, KH shall prepare preliminary and final Master Plans. Two (2) preliminary Master Plan options will be prepared in a hand -sketched format and submitted to the City for review and comment, which will be incorporated into the final Master Plan. KH will attend one (1) design review meeting included in Task 1. C) Preliminary Opinion of Probable Construction Cost (OPCC) for Final Master Plan Once the final Master Plan is approved. KH will provide a preliminary OPCC based on the quantities indicated on the Master Plan. Because KH 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, will be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. KH cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. Deliverables KH shall provide a Master Plan booklet that consists of site background, bubble diagram, site context analysis, public meeting summaries, stakeholder & public comments, preliminary and final Master Plans, and OPCC. The booklet will be in 22" x 34" digital PDF format. 0 Task 4 30% Construction Documents for Phase 1 Based on the approved final Master Plan and the construction budget as listed in Project Understanding, KH shall perform the following tasks: A) Identify the amenities to be developed in Phase 1 Based on the construction budget as listed in Project Understanding, KH will work with the City and identify the amenities and the limit of work for Phase 1. B) Prepare and submit 30% design/construction documents for Phase 1 to the City for review. These documents shall incorporate the City comments and input from the previous review during Master Plan design phase C) The design/construction documents shall plan and instruct the installation of park improvements, as based on the Phase 1 development in the approved final Master Plan. Park improvements will consist of the following elements. a. Vehicular pavement if necessary • concrete parking areas • A geotechnical report will be required to determine appropriate vehicular pavement construction. b. Pedestrian walks/trails • concrete connecting walkways c. Enhanced landscape • Sod, seed, shrubs and groundcover d. Other amenities within the construction budget as listed in Project Understanding Note: All improvements will follow applicable City standards and details, unless directed otherwise. Park Facility Standards will be provided by the City. All other required standards will need to be researched, verified, and acquired separately. D) 30% construction documents will include: a. Design/construction plans E) Per Meeting #3 listed in Task 1, KH shall attend a meeting with the City to discuss review comments regarding the 30% submittal and obtain the City input prior to KH's preparation of 60% construction documents. Task 5 60% Construction Documents for Phase 1 Based on the approved final Master Plan and the construction budget as listed in Project Understanding, KH shall perform the following tasks: F) Identify the amenities to be developed in Phase 1 Based on the construction budget as listed in Project Understanding, KH will work with the City and identify the amenities and the limit of work for Phase 1. 7 G) Prepare and submit 60% design/construction documents for Phase 1 to the City for review. These documents shall incorporate the City comments and input from the previous review during Master Plan design phase H) The design/construction documents shall plan and instruct the installation of park improvements, as based on the Phase 1 development in the approved final Master Plan. Park improvements will consist of the following elements. e. Site grading and drainage • erosion control measures f. Vehicular pavement if necessary • concrete parking areas • A geotechnical report will be required to determine appropriate vehicular pavement construction. g. Pedestrian walks/trails • concrete connecting walkways h. Enhanced landscape • Sod, seed, shrubs and groundcover i. Other amenities within the construction budget as listed in Project Understanding Note: All improvements will follow applicable City standards and details, unless directed otherwise. Park Facility Standards will be provided by the City. All other required standards will need to be researched, verified, and acquired separately. 1) 60% construction documents will include: b. Design/construction plans c. Anticipated technical specifications (outline only) d. OPCC J) Per Meeting #4 listed in Task 1, KH shall attend a meeting with the City to discuss review comments regarding the 60% submittal and obtain the City input prior to KH's preparation of 90% construction documents. Task 6 90% Construction Documents for Phase 1 KH shall perform the following tasks: A) Prepare and submit 90% design documents for Phase 1 park improvements to the City for review, incorporating previous City review comments and input. B) 90% construction documents will include: a. Design/construction plans and necessary details b. Anticipated technical specifications (approximated final copies) c. OPCC W C) Per Meeting #5 listed in Task 1, KH will attend a meeting with the City to discuss review comments regarding the 90% submittal and obtain the City input prior to KH's preparation of 100% final construction documents. Task 7 100% Construction Documents (IFC) for Phase 1 KH shall perform the following tasks: A) Prepare and submit 100% construction documents for Phase 1 park improvements to the City for review, incorporating previous City review comments and input. B) 100% construction documents will consist of: a. Cover sheet (electronic format — template to be supplied by the City b. Design/construction plans and necessary details c. OPCC d. Final technical specifications (considered ready for bidding documents) e. Construction manual including the bidding forms, the construction agreement, and applicable City specifications. (This single project manual will cover the necessary info for Cibo/o Hill Park, Harriet Creek Park and Krisit Jean Burbach Park.) Task 8 Irrigation Plans for Phase 1 — Contingent Service KH will prepare irrigation plans and details for the project in general conformance with the directives of the City and the current published landscape and irrigation requirements set forth in the City development regulations. The irrigation plans will be prepared upon the City's approval of the 90% landscape construction documents and will illustrate head layout, pipe sizing, controller/valve locations and standards details. The City is to specify preferred irrigation equipment brand (Toro, Hunter, Weathermatic, or Rainbird) prior to KH starting the irrigation design. This task includes addressing up to one round of ordinary and reasonable simultaneous comments from the City. Additional rounds of revisions to obtain approvals shall be considered an additional service. Additional services for this task will be billed to the City on an hourly basis. Task 9 Electrical Engineering for Phase 1 — Contingent Service KH shall perform the following tasks through the use of a subconsultant: A) Providing electrical engineering design services including: Designing new lighting at select locations throughout the park. The lighting fixtures will be pedestrian scale solar lighting fixtures on direct buried concrete poles. • Completion of the COMCheck IECC compliance forms for the new lighting defined within the scope of work. This document will be required for permitting. B) Preparation of one (1) set of reproducible PDF drawings using Autodesk Revit or AutoCAD suitable for bidding, permit, and construction. 0 C) Preparation of one (1) set of reproducible PDF technical specifications using MS Word suitable for bidding and construction. Note: Site photometrics analysis is not included in the scope. Task 10 Limited Topographic Survey for Phase 1 Kimley-Horn will prepare a Limited Topographic Survey of a portion of Lots 16X and 17X, Block 26 of Cibolo Hill, situated in the B. Thomas Survey, Abstract No. 1497 and J.A. Gill Survey, Abstract No. 570, City of Fort Worth, Tarrant County, Texas, and shown on the attached exhibit. This survey will be based on a nominal 50' grid system, including grade breaks, on -site utilities, flow lines of accessible utilities and DigTESS markings. Kimley-Horn will prepare an electronic map showing existing contour lines at 1' intervals and existing visible on -site improvements and applicable information from available as -built plans to be provided by others. The information will be tied to existing control points and City of Fort Worth benchmark system. Kimley-Horn reserves the right to revise this fee if the Client requires evidence of underground utilities existing on or serving the surveyed property as determined by markings coordinated by the surveyor pursuant to a private utility locate request. Reference Attachment "D" for limit of work for this task. Task 11 Geotechnical Investigation for Phase 1 KH shall perform the following tasks through the use of a subconsultant: A) Provide through the use of a subconsultant, a geotechnical investigation, analysis, up to seven (7) site borings, and engineering as required for Phase 1 of the park site. • Shade Structures (Pavilions) and Sport Court — Three (3) borings drilled to depths of 15 to 20 feet, depending on depth to gray limestone. • Area Trails/Parking — Four (4) borings drilled to a depth of 5 feet. B) An engineering report will be prepared to present the results of the field and laboratory data together with analyses of the results and recommendations. The subconsultant will provide an electronic copy of the report which will address: • General soil and groundwater conditions • Recommendations for foundation type, depth and allowable loading including the use of a monolithic, slab -on -grade • Foundation construction requirements • Recommendations for floor slab support, including an evaluation of the swell characteristics (PVR) of the subgrade soils • Earthwork recommendations • Guidelines for parking lot and trail pavement design 10 Task 12 TDLR Plan Review Submittal (TAS) Kimley-Horn will utilize a subconsultant that is a Registered Accessibility Specialist (RAS) for the purposes of reviewing the Cibolo Hill Park Phase 1 construction plans, for conformance with the Texas Accessibility Standards (TAS). Kimley-Horn will coordinate with the RAS for project registration with the Texas Department of Licensing and Regulation (TDLR), and project inspection at the site, upon completion of construction. Kimley-Horn will prepare plans in an effort to conform to TAS and will make one (1) round of revisions to the plans based on comments received from the RAS. Inspection and registration fees for TDLR are included in this fee. Task 13 Bid Phase Assistance KH shall perform the following tasks: A) Prepare and submit written responses to bidder requests for information (RFI's), through the City B) Attend pre -bid conference, in support of the City C) Assist the City with bid analysis, bid tabulation, and bid award recommendation This task includes up to 12 hours of effort. If additional effort is required or the bid phase is extended beyond a reasonable time due to difficulty in securing qualified bids, administrative delays, or other unforeseen circumstances, an additional service will be required. Task 14 Construction Phase Service KH shall perform the following tasks: A) Visits to Site and Observation of Construction. KH will make visits at intervals as directed by the City in order to observe the progress of the Work. Such visits and observations by KH are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Based on information obtained during such visits and such observations, KH will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and KH will keep the City informed of the general progress of the Work. B) KH shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall Kimley-Horn have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, KH neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. C) Clarifications and Interpretations. KH will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to Client as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by Client. 11 D) Change Orders. KH may recommend Change Orders to Client and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. E) Shop Drawings and Samples. KH will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. F) Substitutes and "or -equal." Evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. G) Limitation of Responsibilities. KH shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. Kimley-Horn shall not have the authority or responsibility to stop the work of any Contractor. H) Construction Coordination Meetings. Attendance for construction coordination meetings once Landscape Architecture services are under construction. Frequency of meetings will be determined once construction begins. This task includes up to 12 hours of KH effort. Should additional effort be required, this effort will be billed on an hourly basis in addition to the budget amount after written authorization from the Client. Tree tagging and Nursery visits are not included in this task. Any additional effort beyond the specified amount will be billed to the City hourly, accordingly to the current Professional's rates, as authorized by the City or its representatives. 12 PROJECT #3: HARRIET CREEK PARK PHASE 2 DEVELOPMENT Project Understandin It is our understanding that the City of Fort Worth, Texas (City) would like Kimley-Horn and Associates, Inc. (KH) to provide professional design services for Phase 2 of Harriet Creek Park which is located in North Fort Worth, south and west of Cowboy Trail, north of Mariet Creek Drive, and east of Elementary Drive. The overall park is approximately 32.17 acres. Phase 1 of this park has been built. Phase 2 development will be based on the Master Plan dated Aug. 2008 provided by the City. Total budget for Phase 2 construction is $400,000. Phase 2 design plans will be prepared to align with the available construction budget. Design of additional park elements or additional scope in excess of $400,000 estimated construction value will be provided as an additional service. Final plat for this park has been done. The fees and level of effort presented herein are based on Parks #2, #3, and #4 progressing through design review, bidding, and construction administration concurrently as a coordinated program. Should any of the projects be advanced separately, require independent review cycles, separate bid packages, or additional coordination beyond the assumptions of this scope, such effort shall be considered Additional Services and shall be authorized through a mutually agreed upon amendment. City Responsibilities KH understands that the City will provide the following information, on which it may rely, for its use in completing this Scope of Services: 1) Boundary survey for Harriet Creek Park has been provided by the city. 2) Any City of Fort Worth design requirements or standards applicable to each park in the project. 3) Any record drawings (infrastructure and development record plan), existing plans and specifications of the park; City standards or examples for the proposed site improvements, within or adjacent to the site. Services Task 1 Project Management and Meetings KH will manage its design team and subconsultants, facilitate communication, coordinate internally and externally with members of the project team and City staff, and address project issues and review design decisions with the City's Project Manager and other assigned City representatives. KH will attend up to three (3) meetings with the City staff as described below. This task includes up to 10 hours of KH effort. Meetings KH will attend the following meeting with the City, as part of this task. A) Meeting #1 - Public Meeting KH coordinates with City to conduct one (1) public work session before design work commences to gather input from residents on developments amenities for Phase 2 of the park. KH will provide two representatives to attend the public meeting and provide the related meeting notes. If a project kick-off meeting or a Schematic Design review meeting is required, KH will combine it into the single meeting for Chapel Hill Park. B) Meeting #2 — 60% Construction Document Review Meeting 13 C) Meeting #3 — 90% Construction Document Review Meeting Task 2 Field Visit and Data Collection KH shall perform the following tasks: A) Gather and review available relevant project data provided by the City and other sources. B) One project site visit to observe and photographically document existing observable above -ground conditions within the project limit. C) Prepare a project base map for the project site utilizing KH's gathered relevant project data. Project Base Map will be in digital (PDF/ACAD2020) format. It includes black and white line work and color aerial (300dpi). Task 3 Landscape Schematic Plan Based on the Master Plan dated Aug. 2008 provided by the City, the input from the public meeting, the City's direction, and the budget for Phase 2 Construction listed in the Project Understanding, KH will develop the illustrative Schematic Design for Phase 2 of the park. Production efforts for exhibition boards to be presented at the public meetings listed in Task 1 are included in this task. The schematic plans will illustrate the general scope, scale, theme, and relationship of various design components for the following areas: A) Schematic landscape plans B) Proposed hardscape improvements (walks, walls, shade structure, etc.) C) Conceptual fine grading D) General clarifications, assumptions, and narratives provided for pricing Drawings will be conceptual in nature and will include general materials callouts for each of the areas listed above. The information will be thorough enough for pricing take -offs to be completed by the City or a general contractor to determine overall costs for the project, but not enough for the construction of the project. KH will also prepare a preliminary Opinion of Probable Construction Cost (OPCC) for the landscape architecture items listed above for the schematic design. KH will address up to one (1) round of comments from the City on the landscape schematic plans and OPCC, and resubmit the documents to the City as the final submittal. Civil engineering, electrical engineering, and structural engineering are not included in this scope. Deliverables Illustrative SD set digital files in 22" x 34" PDF format. Task 4 60% Construction Documents KH shall perform the following tasks: 14 A) Prepare and submit 60% design/construction documents for Phase 2 park improvements to the City for review. These documents shall incorporate the City comments and input from Task 3. B) The design/construction documents shall plan and instruct the installation of park improvements, as based on the Phase 2 development. Park improvements will consist of the following elements. a. Site grading and drainage a. Erosion control measures b. Vehicular pavement if necessary • concrete parking areas • a geotechnical report will be required to determine appropriate vehicular pavement construction. c. Pedestrian walks/trails • concrete connecting walkways j. Enhanced landscape • Sod, seed, shrubs, and groundcover d. Other amenities within the construction budget as listed in Project Understanding Note: All improvements will follow applicable City standards and details, unless directed otherwise. Park Facility Standards will be provided by the City. All other required standards will need to be researched, verified, and acquired separately. C) 60% construction documents will include: • Design/construction plans • OPCC D) Per Meeting #2 listed in Task 1, KH will attend a meeting with the City to discuss review comments regarding the 60% submittal and obtain the City input prior to KH's preparation of 90% construction documents. Task 5 90% Construction Documents KH shall perform the following tasks: A) Prepare and submit 90% design documents for Phase 2 park improvements to the City for review, incorporating previous City review comments and input. B) 90% construction documents will include: • Design/construction plans and necessary details • OPCC C) Per Meeting #3 listed in Task 1, KH will attend a meeting with the City to discuss review comments regarding the 90% submittal and obtain the City input prior to KH's preparation of 100% final construction documents. Task 6 100% Construction Documents (IFC Set) KH shall perform the following tasks: 15 A) Prepare and submit 100% construction documents for Phase 2 park improvements to the City for review, incorporating previous City review comments and input. B) 100% construction documents will consist of: • Cover sheet (electronic format — template to be supplied by the City • Design/construction plans and necessary details • Detailed opinion of probable costs • Construction manual including the bidding forms, the construction agreement, and applicable City specifications will be combined into the single document under Cibolo Hill Park, Task 7 Irrigation Plans — Contingent Service KH will prepare irrigation plans and details for the project in general conformance with the directives of the City and the current published landscape and irrigation requirements set forth in the City development regulations. The irrigation plans will be prepared upon the City's approval of the 90% landscape construction documents and will illustrate head layout, pipe sizing, controller/valve locations and standards details. The City is to specify preferred irrigation equipment brand (Toro, Hunter, Weathermatic, or Rainbird) prior to KH starting the irrigation design. This task includes addressing up to one round of ordinary and reasonable simultaneous comments from the City. Additional rounds of revisions to obtain approvals shall be considered an additional service. Additional services for this task will be billed to the City on an hourly basis. Task 8 Electrical Engineering — Contingent Service KH shall perform the following tasks through the use of a subconsultant: A) Providing electrical engineering design services including: Designing new lighting at select locations throughout the park. The lighting fixtures will be pedestrian scale solar lighting fixtures on direct buried concrete poles. • Completion of the COMCheck IECC compliance forms for the new lighting defined within the scope of work. This document will be required for permitting. B) Preparation of one (1) set of reproducible PDF drawings using Autodesk Revit or AutoCAD suitable for bidding, permit, and construction. C) Preparation of one (1) set of reproducible PDF technical specifications using MS Word suitable for bidding and construction. Note: Site photometrics analysis is not included in the scope. Task 9 Limited Topographic Survey 16 Kimley-Horn will prepare a Limited Topographic Survey of a portion of Lot 22, Block 16 of Harriet Creek Ranch, situated in the Guadalupe Cardinas Survey, Abstract No. 214, City of Fort Worth, Tarrant County, Texas, and shown on the attached exhibit. This survey will be based on a nominal 50' grid system, including grade breaks, on -site utilities, flow lines of accessible utilities and DigTESS markings. Kimley-Horn will prepare an electronic map showing existing contour lines at 1' intervals and existing visible on -site improvements and applicable information from available as -built plans to be provided by others. The information will be tied to existing control points and City of Fort Worth benchmark system. Kimley-Horn reserves the right to revise this fee if the Client requires evidence of underground utilities existing on or serving the surveyed property as determined by markings coordinated by the surveyor pursuant to a private utility locate request. Task 10 Geotechnical Investigation KH shall perform the following tasks through the use of a subconsultant: A) Provide through the use of a subconsultant, a geotechnical investigation, analysis, up to seven (7) site borings, and engineering as required for Phase 1 of the park site. • Shade Structures and Sport Court — Three (3) borings drilled to depths of 20 to 25 feet, depending on depth to gray limestone. • Area Trails — Four (4) borings drilled to a depth of 5 feet. B) An engineering report will be prepared to present the results of the field and laboratory data together with analyses of the results and recommendations. The subconsultant will provide an electronic copy of the report which will address: • General soil and groundwater conditions • Recommendations for foundation type, depth and allowable loading including the use of a monolithic, slab -on -grade • Foundation construction requirements • Recommendations for floor slab support, including an evaluation of the swell characteristics (PVR) of the subgrade soils • Earthwork recommendations • Guidelines for parking lot and trail pavement design Task 11 TDLR Plan Review Submittal (TAS) Kimley-Horn will utilize a subconsultant that is a Registered Accessibility Specialist (RAS) for the purposes of reviewing the Harriett Creek Park Phase 2 construction plans, for conformance with the Texas Accessibility Standards (TAS). Kimley-Horn will coordinate with the RAS for project registration with the Texas Department of Licensing and Regulation (TDLR), and project inspection at the site, upon completion of construction. Kimley-Horn will prepare plans in an effort to conform to TAS and will make one (1) round of revisions to the plans based on comments received from the RAS. Inspection and registration fees for TDLR are included in this fee. 17 Task 12 Flood Study — Contingent Service At the City's request, KH will prepare a Flood Study to support construction plans for the park improvements. This flood study will support all proposed improvements included within the construction documents. The flood study will not evaluate any future phases of the park or the impacts, this will be done as part of a future flood study to support the construction drawings of those phases. Kimley-Horn will utilize the effective model provided by the City as the baseline model. Kimley-Horn will update the hydraulic model with topographic survey and proposed grading. Kimley-Horn will compare the two scenarios and document no adverse impact is created with the proposed project. Kimley-Horn will prepare a flood study submittal for the City and submit via Accela. Any fee for the flood study will be paid for by the City. Kimley-horn will address up to two rounds of comments. Additional rounds of comments will be considered additional services. Task 13 Floodplain Development Permit — Contingent Service At the City's request, KH will prepare a floodplain development permit and submit via Accela once the flood study has been approved. All fees associated with the Permit will be paid for by the City. Kimley-Horn will address one round of comments. Additional rounds of comments will be considered additional services. Task 14 Bid Phase Assistance KH shall perform the following tasks: A) Prepare and submit written responses to bidder requests for information (RFI's), through the City B) Attend pre -bid conference, in support of the City C) Assist the City with bid analysis, bid tabulation, and bid award recommendation This task includes up to 10 hours of effort. If additional effort is required or the bid phase is extended beyond a reasonable time due to difficulty in securing qualified bids, administrative delays, or other unforeseen circumstances, an additional service will be required. Task 15 Construction Phase Service KH shall perform the following tasks: A) Visits to Site and Observation of Construction. KH will make visits at intervals as directed by the City in order to observe the progress of the Work. Such visits and observations by KH are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Based on information obtained during such visits and such observations, KH will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and KH will keep the City informed of the general progress of the Work. B) KH shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall Kimley-Horn have authority over 18 or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, KH neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. C) Clarifications and Interpretations. KH will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to Client as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by Client. D) Change Orders. KH may recommend Change Orders to Client and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. E) Shop Drawings and Samples. KH will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. F) Substitutes and "or -equal." Evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. G) Limitation of Responsibilities. KH shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. Kimley-Horn shall not have the authority or responsibility to stop the work of any Contractor. H) Construction Coordination Meetings. Attendance for construction coordination meetings once Landscape Architecture services are under construction. Frequency of meetings will be determined once construction begins. This task includes up to 10 hours of KH effort. Should additional effort be required, this effort will be billed on an hourly basis in addition to the budget amount after written authorization from the Client. Tree tagging and Nursery visits are not included in this task. Any additional effort beyond the specified amount will be billed to the City hourly, accordingly to the current Professional's rates, as authorized by the City or its representatives. 19 PROJECT #4: KRISTI JEAN BURBACH PARK PHASE 1 DEVELOPMENT Proiect Understanding It is our understanding that the City of Fort Worth, Texas (City) would like Kimley-Horn and Associates, Inc. (KH) to provide professional design services for Kristi Jean Burbach Park which is located in North Fort Worth, south of Basswood Blvd., west of N Riverside Dr., north of Fossil Park Dr., and east Genevieve Dr. It is approximately 14.71 acres. Total budget for Phase 1 construction is $250,000. Phase 1 design plans will be prepared to align with the available construction budget. Design of additional park elements or additional scope in excess of $250,000 estimated construction value will be provided as an additional service. Plat for this park has been done. It is anticipated that the development will include trails and a pavilion. The fees and level of effort presented herein are based on Parks #2, #3, and #4 progressing through design review, bidding, and construction administration concurrently as a coordinated program. Should any of the projects be advanced separately, require independent review cycles, separate bid packages, or additional coordination beyond the assumptions of this scope, such effort shall be considered Additional Services and shall be authorized through a mutually agreed upon amendment. Citv Resaonsibilities KH understands that the City will provide the following information, on which it may rely, for its use in completing this Scope of Services: 1) Any Boundary information of the park. 2) Any City of Fort Worth design requirements or standards applicable to each park in the project. 3) Any record drawings (infrastructure and development record plan), existing plans and specifications of the park; City standards or examples for the proposed site improvements, within or adjacent to the site. Services Task 1 Project Management KH will manage its design team and subconsultants, facilitate communication, coordinate internally and externally with members of the project team and City staff, and address project issues and review design decisions with the City's Project Manager and other assigned City representatives. This task includes up to 10 hours of KH effort. No separate meetings are included in this task. If a project kick-off meeting or a design review meeting is required for this project, they will be combined into the meetings for Chapel Hill Park. Task 2 Field Visit and Data Collection KH shall perform the following tasks: A) Gather and review available relevant project data provided by the City and other sources. B) One project site visit to observe and photographically document existing observable above -ground conditions within the project limit. 20 C) Prepare a project base map for the project site utilizing KH's gathered relevant project data. Project Base Map will be in digital (PDF/ACAD2020) format. It includes black and white line work and color aerial (300dpi). Task 3 60% Construction Documents for Phase 1 Based on the construction budget as listed in Project Understanding, KH shall perform the following tasks: A) Identify the amenities to be developed in Phase 1 Based on the construction budget as listed in Project Understanding, KH will work with the City and identify the amenities and the limit of work for Phase 1. B) Prepare and submit 60% design/construction documents for Phase 1 to the City for review. C) The design/construction documents shall plan and instruct the installation of park improvements, as based on the Phase 1 development budget. Park improvements will consist of the following elements. a. Site grading and drainage b. Pedestrian walks/trails • concrete connecting walkways c. Enhanced Landscape • Sod, seed, shrubs, and groundcover d. Other amenities within the construction budget as listed in Project Understanding Note: All improvements will follow applicable City standards and details, unless directed otherwise. Park Facility Standards will be provided by the City. All other required standards will need to be researched, verified, and acquired separately. K) 60% construction documents will include: a. Design/construction plans b. OPCC Task 4 100% Construction Documents (IFC Set) for Phase 1 KH shall perform the following tasks: A) Prepare and submit 100% construction documents for Phase 1 park improvements to the City for review, incorporating previous City review comments and input. B) 100% construction documents will consist of: • Cover sheet (electronic format — template to be supplied by the City • Design/construction plans and necessary details • Detailed opinion of probable costs • Construction manual including the bidding forms, the construction agreement, and applicable City specifications will be combined into the single document under Cibolo Hill Park. 21 C) Submit plans to a Texas Licensed Registered Accessibility Specialist (RAS) for review. Note: Electrical engineering and lighting design are not included in this scope. Task 5 Irrigation Plans for Phase 1 — Contingent Service KH will prepare irrigation plans and details for the project in general conformance with the directives of the City and the current published landscape and irrigation requirements set forth in the City development regulations. The irrigation plans will be prepared upon the City's approval of the 60% landscape construction documents and will illustrate head layout, pipe sizing, controller/valve locations and standards details. The City is to specify preferred irrigation equipment brand (Toro, Hunter, Weathermatic, or Rainbird) prior to KH starting the irrigation design. This task includes addressing up to one round of ordinary and reasonable simultaneous comments from the City. Additional rounds of revisions to obtain approvals shall be considered an additional service. Additional services for this task will be billed to the City on an hourly basis. Task 6 Limited Topographic Survey for Phase 1 Kimley-Horn will prepare a Limited Topographic Survey of a portion of Lot 1, Block 129 of Summerfields Phase One `B', situated in the Heirs of W.W. Thompson Survey, Abstract No. 1498, City of Fort Worth, Tarrant County, Texas, and shown on the attached exhibit. This survey will be based on a nominal 50' grid system, including grade breaks, on -site utilities, flow lines of accessible utilities and DigTESS markings. Kimley-Horn will prepare an electronic map showing existing contour lines at 1' intervals and existing visible on -site improvements and applicable information from available as -built plans to be provided by others. The information will be tied to existing control points and City of Fort Worth benchmark system. Kimley-Horn reserves the right to revise this fee if the Client requires evidence of underground utilities existing on or serving the surveyed property as determined by markings coordinated by the surveyor pursuant to a private utility locate request. Task 7 Geotechnical Investigation for Phase 1 KH shall perform the following tasks through the use of a subconsultant: A) Provide through the use of a subconsultant, a geotechnical investigation, analysis, up to seven (7) site borings, and engineering as required for Phase 1 of the park site. Picnic Shelter/Playground — Two (2) borings drilled to depths of 15 to 20 feet, depending on depth to gray limestone. Area Trails — Three (3) borings drilled to a depth of 5 feet. B) An engineering report will be prepared to present the results of the field and laboratory data together with analyses of the results and recommendations. The subconsultant will provide an electronic copy of the report which will address: 0 General soil and groundwater conditions 22 • Recommendations for foundation type, depth and allowable loading including the use of a monolithic, slab -on -grade • Foundation construction requirements • Recommendations for floor slab support, including an evaluation of the swell characteristics (PVR) of the subgrade soils • Earthwork recommendations • Guidelines for parking lot and trail pavement design Task 8 TDLR Plan Review Submittal (TAS) Kimley-Horn will utilize a subconsultant that is a Registered Accessibility Specialist (RAS) for the purposes of reviewing the Cibolo Hill Park Phase 1 construction plans, for conformance with the Texas Accessibility Standards (TAS). Kimley-Horn will coordinate with the RAS for project registration with the Texas Department of Licensing and Regulation (TDLR), and project inspection at the site, upon completion of construction. Kimley-Horn will prepare plans in an effort to conform to TAS and will make one (1) round of revisions to the plans based on comments received from the RAS. Inspection and registration fees for TDLR are included in this fee. Task 9 Bid Phase Assistance KH shall perform the following tasks: A) Prepare and submit written responses to bidder requests for information (RFI's), through the City B) Attend pre -bid conference, in support of the City C) Assist the City with bid analysis, bid tabulation, and bid award recommendation This task includes up to 10 hours of effort. If additional effort is required or the bid phase is extended beyond a reasonable time due to difficulty in securing qualified bids, administrative delays, or other unforeseen circumstances, an additional service will be required. Task 10 Construction Phase Service KH shall perform the following tasks: A) Visits to Site and Observation of Construction. KH will make visits at intervals as directed by the City in order to observe the progress of the Work. Such visits and observations by KH are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Based on information obtained during such visits and such observations, KH will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and KH will keep the City informed of the general progress of the Work. B) KH shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall Kimley-Horn have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, 23 schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, KH neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. C) Clarifications and Interpretations. KH will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to Client as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by Client. D) Change Orders. KH may recommend Change Orders to Client and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. E) Shop Drawings and Samples. KH will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. F) Substitutes and "or -equal." Evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. G) Limitation of Responsibilities. KH shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. Kimley-Horn shall not have the authority or responsibility to stop the work of any Contractor. H) Construction Coordination Meetings. Attendance for construction coordination meetings once Landscape Architecture services are under construction. Frequency of meetings will be determined once construction begins. This task includes up to 10 hours of KH effort. Should additional effort be required, this effort will be billed on an hourly basis in addition to the budget amount after written authorization from the Client. Tree tagging and Nursery visits are not included in this task. Any additional effort beyond the specified amount will be billed to the City hourly, accordingly to the current Professional's rates, as authorized by the City or its representatives. 24 Exclusions for Park #1121314 Services not specifically described in the Scope of Services are excluded from this Agreement. The professional services fee has been developed based solely on the tasks, deliverables, meetings, and level of effort expressly identified herein. Performance of any service beyond the defined Scope of Services shall require written authorization from the City and may require an amendment to the Agreement. The following services are specifically excluded from the Scope of Services unless otherwise identified elsewhere in this Agreement: Revisions due to changes in regulations Archaeological Survey Time Extensions in excess of six months, during design and construction phases Separate Engineering Site Development Review Process Sets and Submittals Contractor Type Detailed Estimates (As Prepared by Estimating Service) Record Drawing Survey and Record Drawings HVAC/MEP Design Services of Any Kind Additional Services Kimley-Horn can provide the services listed below upon request by the City; however, these services are not included in the current Scope of Services or compensation. If requested, such services shall be considered Additional Services and shall be authorized through a mutually agreed upon amendment prior to commencement of the work. Additional Services may include, but are not limited to: Franchise Utility Coordination Traffic Impact Studies or Signal Design and Preparation of Traffic control plans Tree Survey Coordination and/or revisions due to any Grant Funding Requirements Topographic survey beyond the area specified in Attachment D Subsurface Utility Engineering (SUE) Additional meetings ALTA Land Title Survey and Platting Preparation of Record Drawings Floodplain related study and coordination for Park #1/2/4 Drainage and flood related study and design for Park #1/2/4 Flood modeling and any efforts related to the preparation of documents required for floodplain development permitting Hydrology and Hydraulic related study, design and modeling CLOMR/LOMR Wetlands Permitting / Delineation Environmental Impact Statement and Environmental Permitting SWPPP Plan Manual / Submissions 3D Renderings and Fly Through Videos Submittal, Permitting Fees, or Impact Fees Construction Staking Off -Site Drainage and Utility Design 25 Off -Site Roadway Design Off -Site Easement Descriptions Preparation of Preliminary or Final Plat Environmental Impact Statement Detention/Retention Pond Design Signage Design of Any Kind U.S. Army Corps of Engineers Coordination and Permitting Sanitary Sewer Design Services of Any Kind Park and Trail design outside of project limits Bidding and Construction Phase Services for Chapel Hill Park Additional work due to increase in project cost and scope Fee and Billing for Park #1121314 KH will perform the services described in the Scope of Services for the Lump Sum Fee amounts shown in `Professional Fees' (See Attachment "B"). Tasks designated below will be billed on a percent complete basis. All permitting, application, and similar project fees will be paid directly by the City. Fees and times stated are valid for one hundred eighty (180) days. Schedule for Park #1121314 KH has prepared an initial project schedule for the performance of services (See Project Schedule - Attachment "C".) This schedule includes reasonable allowances for review and approval times required by the City, performance of services by City's consultants, and review and approval times required by public authorities having jurisdiction over the Project. This schedule shall be equitably adjusted as the Project progresses, allowing for changes in scope, character or size of the Project requested by the City, or for delays or other causes beyond KH's reasonable control. Proiect Limit of Work for Park #1121314 See Project Limit of Work - Attachment "D" for each park. Attachment `B" Kimley>»Horn PROFESSIONAL FEES BY TASKS City of Fort Worth, TX PROJECT #1: CHAPEL HILL PARK Task 1 Project Management and Meetings $ 15,000 (H) Task 2 Field Visit and Data Collection $ 5,300 (LS) Task 3 Illustrative Master Plan Booklet $ 54,700 (LS) Task 4 On -Call Services As requested (H) Subtotal $ 75,000 PROJECT #2: CIBOLO HILL PARK MASTER PLAN AND PHASE 1 DEVELOPMENT Task 1 Project Management and Meetings $ 14,000 (H) Task 2 Field Visit and Data Collection $ 3,000 (LS) Task 3 Illustrative Master Plan Booklet $ 37,000 (LS) Task 4 30% Construction Documents - Phase1 $ 13,000 (LS) Task 5 60% Construction Documents - Phase1 $ 29,000 (LS) Task 6 90% Construction Documents - Phase 1 $ 32,000 (LS) Task 7 100% Construction Documents - Phase 1 $ 20,000 (LS) Task 8 Irrigation Plan - Phase 1 — Contingent Service $ 5,000 (LS) Task 9 Electrical Engineering - Phase 1 — Contingent Service $ 8,600 (LS) Task 10 Limited Topographic Survey - Phase 1 $ 13,000 (LS) Task 11 Geotechnical Investigation - Phase 1 $ 10,000 (LS) Task 12 TDLR Plan Review Submittal (TAS) $ 3,500 (H) Task 13 Bid Phase Assistance $ 4,000 (H) Task 14 Construction Phase Service — Contingent Service $ 4,000 (H) Subtotal $ 196,100 Kimley>»Horn PROJECT #3: HARRIET CREEK PARK PHASE 2 Task 1 Project Management and Meetings $ 3,500 (H) Task 2 Field Visit and Data Collection $ 1,500 (LS) Task 3 Landscape Schematic Plan (30%) $ 13,000 (LS) Task 4 60% Landscape Construction Document $ 13,500 (LS) Task 5 90% Landscape Construction Document $ 13,500 (LS) Task 6 100% Landscape Construction Document $ 7,000 (LS) Task 7 Irrigation Plan — Contingent Service $ 4,000 (LS) Task 8 Electrical Engineering — Contingent Service $ 6,000 (LS) Task 9 Topographic Survey $ 11,000 (LS) Task 10 Limited Geotechnical Investigation $ 9,800 (LS) Task 11 TDLR Plan Review Submittal (TAS) $ 3,500 (H) Task 12 Floodplain Study — Contingent Service $ 23,000 (LS) Task 13 Floodplain Development Permit — Contingent Service $ 2,000 (LS) Task 14 Bid Phase Assistance $ 3,000 (H) Task 15 Construction Phase Service $ 3,500 (H) Subtotal $ 117,800 PROJECT #4: KRISTI JEAN BURBACH PARK Task 1 Project Management and Meetings $ 3,000 (H) Task 2 Field Visit and Data Collection $ 1,500 (LS) Task 3 60% Landscape Construction Documents - Phase1 $ 9,000 (LS) Task 4 100% Landscape Construction Documents - Phase 1 $ 9,000 (LS) Task 5 Irrigation Plan - Phase 1 — Contingent Service $ 3,600 (LS) Task 6 Limited Topographic Survey — Phase 1 $ 6,000 (LS) Task 7 Geotechnical Investigation - Phase 1 $ 8,500 (LS) Task 8 TDLR Plan Review Submittal (TAS) $ 3,500 (H) Task 9 Bid Phase Assistance $ 3,000 (H) Task 10 Construction Phase Service $ 3,000 (H) Subtotal $ 50,600 Office Expense 5% $ 21,975 Total Fee $ 461,475 Kimley>»Horn Hourly Labor Rate Schedule Classification Rate Analyst $175 - $260 Professional $250 - $315 Senior Professional 1 $275 - $380 Senior Professional II $370 - $400 Senior Technical Support $170 - $295 Support Staff $115 - $160 Technical Support $130 - $165 Effective through June 30, 2026 Subject to adjustment thereafter Internal Reimbursable Expenses will be charged at 5% of Labor Billings External Reimbursable Expenses will be charged at 15% mark-up, or per the Contract Sub -Consultants will be billed per the Contract ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Chapel Hill, Cibolo Hill, Harriet Creek Ranch, & Kristi Jean Burbach Park Improvements City Project No. 106675 NONE City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page I of 1 Attachment "D" Kimley>»Horn The project is anticipated to be completed within 420 calendar days. Several of the tasks noted below will be completed concurrently with other tasks, and design and bidding is anticipated to be completed within 420 calendar days. Shown below is the anticipated time duration breakdown by task: (if projects run simultaneously, the task durations will be extended accordingly.) TASKS DURATION Project #1: Chapel Hill Park Task 1 Project Management and Meetings 120 Days Task 2 Field Visit and Data Collection 30 Days Task 3 Illustrative Master Plan Booklet 90 Days Project #2: Cibolo Hill Park Task 1 Project Management and Meetings 420 Days Task 2 Field Visit and Data Collection 30 Days Task 3 Illustrative Master Plan Booklet 60 Days Task 4 60% Landscape Construction Documents - Phase1 60 Days Task 5 90% Landscape Construction Documents - Phase 1 60 Dyas Task 6 100% Landscape Construction Documents - Phase 1 45 Days Task 7 Irrigation Plan - Phase 1 30 Days Task 8 Electrical Engineering - Phase 1 45 Days Task 9 Topographic Survey - Phase 1 45 Days Task 10 Geotechnical Investigation - Phase 1 60 Days Task 11 TDLR Plan Review Submittal (TAS) 20 Days Task 12 Bid Phase Assistance 45 Days Task 13 Construction Phase Service 180 Days Kimley>»Horn Project #3: Harriet Creek Park Phase 2 Task 1 Project Management and Meetings 360 Days Task 2 Field Visit and Data Collection 30 Days Task 3 Landscape Schematic Plan (30%) 60 Days Task 4 60% Landscape Construction Document 60 Days Task 5 90% Landscape Construction Document 60 Days Task 6 100% Landscape Construction Document 45 Days Task 7 Irrigation Plan 30 Days Task 8 Electrical Engineering 45 Days Task 9 Topographic Survey 45 Days Task 10 Geotechnical Investigation 60 Days Task 11 TDLR Plan Review Submittal (TAS) 20 Days Task 12 Floodplain Study 45 days Task 13 Floodplain Development Permit 45 Days Task 14 Bid Phase Assistance 45 Days Task 15 Construction Phase Service 120 Days Project #4: Kristi Jean Burbach Park Task 1 Project Management and Meetings 360 Days Task 2 Field Visit and Data Collection 30 Days Task 3 60% Landscape Construction Documents - Phase1 60 Days Task 4 Landscape Construction Documents IFC - Phase 1 60 Days Task 5 Irrigation Plan - Phase 1 45 Days Task 6 Topographic Survey — Phase 1 45 Days Task 7 Geotechnical Investigation - Phase 1 60 Days Task 8 TDLR Plan Review Submittal (TAS) 20 Days Task 9 Bid Phase Assistance 45 Days Task 10 Construction Phase Service 120 Days Times for performance shall be extended as necessary for delays or suspensions due to circumstances that KH does not control. Attachment "E" Kimley)))Horn Project "Limit of Work" for each park is shown below. Project #1: Chapel Hill Park TV Y* Pik Project #2: Cibolo Hill Park Park Boundary �41 A44 Bob.. 1� Topographic survey scope as below: Approximate Coordinates: 32.910292, 97.412013 Kimley>»Horn Project #3: Harriet Creek Park Park Boundary Project #4: Kristi Jean Burbach Park Park Boundary Topographic survey scope as below: Approximate Coordinates: 33.040187,-97.321726 Topographic survey scope as below: Approximate Coordinates: 32.867426,-97.304976 -k4qwF 6 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 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 consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims - made basis, shall contain a retroactive date coincidentwith or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Kimley-Horn and Associates, Inc. Subject of the Agreement: Chapel Hill, Cibolo Hill, Harriet Creek Ranch, and Kristi Jean Burbach Park Improvements M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes 0 No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 106675 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 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.