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HomeMy WebLinkAbout066052 - General - Contract - Kimley-Horn and Associates, Inc.CITY SECRETARY66052 CONTRACT NO. CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES This agreement ("Agreement") is between the City of Fort Worth, a Texas home -rule municipality ("City"), and Kimley-Horn and Associates, Inc., authorized to do business in Texas ("Consultant"), for a project generally described as: City of Fort Worth ADA Self -Evaluation and Transition Plan — Phase 2 ("Project") - Project No. 26-29 CFW ADA Trans Article I Scope of Services (1) Consultant hereby agrees to perform professional services as set forth in this Agreement and the Scope of Services, attached hereto as Attachment "A" ("Services"). These Services shall be performed in connection with the Project. (2) Additional services, if any, will be memorialized by an amendment to this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of City, and shall be furnished to the City, prior to or at the time such services are completed, or upon termination or expiration of Agreement. Article II Compensation Consultant shall be compensated an amount up to Nine Hundred Twenty -Nine Thousand and 00/100 Dollars ($929,000.00) ("Contract Amount") in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Consultant shall provide monthly invoices to City. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Consultant of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. OFFICIAL RECORD ADA Self Evaluation and Transition Plan — Phase 2 CITY SECRETARY Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. FT. WORTH, TX Article III Term Time is of the essence. The term of this Agreement shall commence on the Effective Date and shall continue until the expiration of the funds or completion of the subject matter pursuant to the schedule, whichever occurs first, unless terminated in accordance with the terms of this Agreement. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Consultant's work or work product shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its performance of the Services. Article VI Indemnification CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFYAND HOLD CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO THE EXTEND CAUSED BY THE CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. INTENTIONAL MISCONDUCT OF CONSUL TANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. Article VII Insurance Consultant shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. Article VIII Force Majeure City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. Article IX Transfer or Assignment Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) City may terminate this Agreement for convenience by providing written notice to Consultant at least 30 -days prior to the date of termination, unless Consultant agrees in writing to an earlier termination date. (2) Either City or Consultant may terminate this Agreement for cause if either party fails to substantially perform, through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Consultant, Consultant shall discontinue Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article II of this Agreement and in accordance with Exhibit "B". ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. Article XI Right to Audit (1) Consultant agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to Agreement. Consultant agrees that City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontractor agrees that City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor(s), involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any subcontractor reasonable advance notice of intended audit. (3) Consultant and subcontractor(s) agree to photocopy such documents as may be requested by City. City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article XII Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with City's Business Equity Ordinance No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), Consultant acknowledges the MBE and WBE goals established for Agreement and its execution of this Agreement is Consultant's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than negligent misrepresentation) and/or the commission of fraud by Consultant may result in the termination of Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XIII Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees or its subcontractor(s). Article XIV Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s) who perform work under Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employees who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate Agreement for violations of this provision by Consultant. Article XV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas - Fort Worth Division. Agreement shall be construed in accordance with the laws of the State of Texas. Article XVI Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. Article XVII Severability The provisions of Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVIII Notices Notices regarding Articles IX or X are to be provided to the other Party by hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Kristen Smith Civil Rights Office, Human Resources 100 Trail Drive Fort Worth, Texas 76102 With a copy to: City Attorney's Office 100 Trail Drive Fort Worth, Texas 76102 Consultant: Kimley-Horn and Associates, Inc. Attn: Erin Eurek 801 Cherry Street Suite 1300, Unit 11 Fort Worth, Texas 76102 All other notices may be provided as described above or via electronic means. ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. Article XIX Prohibition On Contracts With Companies Boycotting Israel Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Consultant has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifies that Consultant's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Article XX Prohibition on Boycotting Energy Companies Consultant acknowledges that in accordance with Chapter 2274 of the Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XXI Prohibition on Discrimination Against Firearm and Ammunition Industries Consultant acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Article XXII Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of Agreement. Article XXIII Attachments, Schedules and Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of Agreement: Attachment A - Attachment B - Attachment B-1 Attachment C - Attachment D - Attachment E - Scope of Services Compensation Consultant Invoice Changes to Agreement Project Schedule Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. [SIGNATURES ON FOLLOWING PAGE ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. CITY OF FORT WORTH: ONTRACT COMPLIANCE MANAGER: Name: Dianna Giordano Title: Assistant City Manager Date: 10/16/2026 AL RECOMMENDED: ame: Kristen Smith tle: Human Resources Director onq TTEST: p Four naa Aga 9.1d K�ou+ae t✓¢5uce� aana aExp5oa Jannette Goodall City Secretary VENDOR: Kimley-Horn and Associates, Inc. Date: October 15, 2026 By: Name Scott R. Arnold, P.E. Title: Vice President ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. signing, I acknowledge that I am the person sponsible for the monitoring and administration of is contract, including ensuring all performance id reporting requirements. K� S me: Kristen Smith e: Human Resources Director PROVED AS TO FORM AND LEGALITY: Ime: Jordan P. Alvarez le: Assistant City Attorney II ONTRACT AUTHORIZATION: &C: 26-0878 Date: 9/15/26 )rm 1295:_2026-1498694 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT "A" Scope for Professional Services for the City of Fort Worth ADA Self -Evaluation and Transition Plan — Phase 2 The scope set forth herein defines the work to be performed by the Consultant in completing the project. Both the City and Consultant have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The City wants to develop its Americans with Disabilities Act (ADA) Self -Evaluation and Transition Plan in multiple phases. Tasks 1 — 8, as written in the Work to be Performed, will constitute Phase 2 of the ADA Self - Evaluation and Transition Plan and will consist of an ADA compliance review of select City buildings, parks, signalized intersections, public right-of-way sidewalks, curb ramps, at -grade pedestrian railroad crossings, and accessible on -street parking. Possible solutions to bring any non -compliant elements that are not de minimis barriers and are not "safe harbored" will be provided. The 2024 City of Fort Worth ADA Compliance Plan will be updated to develop an ADA Transition Plan, which will formally document tasks and associated observations outlined in this Scope of Services. ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. W K TO BE PERFORMED Task 1. Project Management Task 2. Building Review Task 3. Park Review Task 4. Trail Review Task 5. Public Rights -of -Way Review Task 6. Processing of Existing Sidewalk and Curb Ramp Data Task 7. Transition Plan Development Task 8. Project Meetings ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. TASK 1. PROJECT MANAGEMENT 1.1 The Consultant will maintain project records, budgets, and communications for the duration of the project. It is understood that the project will have an 18 -month duration. 1.2 The Consultant will prepare monthly progress reports for the duration of the project. 1.3 The Consultant will participate in up to 18 monthly status calls with the City to discuss the project for the duration of the project (30 -minute calls). Task 1 Deliverables: • Monthly invoices with progress reports. TASK 2. BUILDING REVIEW 2.1 Building Evaluations. The Consultant will establish field teams that will conduct evaluations for compliance with Title II of the ADA. The evaluation forms will be based on the applicable ADA standards in effect at the time of construction or alteration: Properties constructed before September 15, 2010 will be reviewed against the 1991 ADA Standards for Accessible Design (ADA Standards) or Uniform Federal Accessibility Standards (UFAS). Properties constructed between September 15, 2010 and March 15, 2012 will be reviewed against the 1991 ADA Standards, UFAS, or the 2010 ADA Standards. Properties constructed after March 15, 2012 will be reviewed against the 2010 ADA Standards. State and local building codes under which the project was originally constructed are excluded from the evaluations. The Consultant will evaluate up to 10 buildings and associated parking lots. Building evaluations are limited to all publicly accessible areas. Employee -only areas and work areas, including common -use spaces within them, are excluded from the evaluation. The Consultant will evaluate all on -site sidewalks (excluding perimeter sidewalks within the public right-of-way) and all associated curb ramps, ramps, stairs, and other pedestrian paths of travel required to be ADA-compliant within the building site. Only non -compliant issues along exterior pedestrian paths of travel will be recorded. 2.2 Database & Facility Reports. The Consultant will create a geodatabase and coordinate with City staff to verify the database structure and existing data relationships. The Consultant will create a separate report for each building. Any modifications to the report format requested by the City will be considered Additional Services. Each facility report will identify the compliance status of each facility and consist of the following: • Listing of facilities that are not in compliance with ADA requirements. • Possible solutions to resolve non-compliance issues for each facility. ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. Barrier priority using criteria developed by the Consultant. "Cost report" that assigns conceptual budget estimates to each possible solution. The Consultant has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to the Consultant at this time and represent only the Consultant's judgment as a design professional familiar with the construction industry. These opinions of costs are for corrective actions and involve a single solution without extensive study, destructive testing, or design. Opinion of costs represents material and labor costs only and does not include other factors such as design, permitting, overhead, and contingencies. The Consultant cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. If the City wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the City will be paid for as Additional Services. Cost report pay item descriptions, pay item units, and unit prices will be based on construction resources such as RS Means, Consultant's experience with past costs for similar projects, City cost indexes, and City -provided information. The compliance status and possible solutions will be based on the applicable ADA standards in effect at the time of construction or alteration. Properties constructed before September 15, 2010 will be reviewed against the 1991 ADA Standards or UFAS. Properties constructed between September 15, 2010 and March 15, 2012 will be reviewed against the 1991 ADA Standards, UFAS, or the 2010 ADA Standards. Properties constructed after March 15, 2012 will be reviewed against the 2010 ADA Standards. State and local building codes under which the project was originally constructed are excluded from the evaluations. Task 2 Deliverables: • Fieldwork data with associated metadata in shapefile and geodatabase formats. • Individual barrier photos in JPG format. • Facility reports in PDF format. City Responsibilities: • The City will provide floor plans to the Consultant for the buildings to be evaluated. • The City will provide the Consultant access to the areas within the buildings to be evaluated. TASK 3. PARK REVIEW 3.1 Park Evaluations. The Consultant will establish field teams that will conduct evaluations for compliance with Title II of the ADA. The evaluation forms will be based on the applicable ADA standards in effect at the time of construction or alteration: • Properties constructed before September 15, 2010 will be reviewed against the 1991 ADA Standards for Accessible Design (ADA Standards) or Uniform Federal Accessibility Standards (UFAS). • Properties constructed between September 15, 2010 and March 15, 2012 will be reviewed against the 1991 ADA Standards, UFAS, or the 2010 ADA Standards. ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. • Properties constructed after March 15, 2012 will be reviewed against the 2010 ADA Standards. State and local building codes under which the project was originally constructed are excluded from the evaluations. The Consultant will evaluate up to 50 parks and associated parking lots. The Consultant will evaluate the amenities listed on the City of Fort Worth Park and Recreation Department webpage. The Consultant will evaluate all on -site sidewalks (excluding perimeter sidewalks within the public right-of-way) and all associated curb ramps, ramps, stairs, and other pedestrian paths of travel required to be ADA- compliant within the park site. Only non -compliant issues along exterior pedestrian paths of travel will be recorded. 3.2 Database & Facility Reports. The Consultant will create a geodatabase and coordinate with City staff to verify the database structure and existing data relationships. The Consultant will create a separate report for each park. Any modifications to the report format requested by the City will be considered Additional Services. Each facility report will identify the compliance status of each facility and consist of the following: • Listing of facilities that are not in compliance with ADA requirements. • Possible solutions to resolve non-compliance issues for each facility. • Barrier priority using criteria developed by the Consultant. • "Cost report" that assigns conceptual budget estimates to each possible solution. The Consultant has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to the Consultant at this time and represent only the Consultant's judgment as a design professional familiar with the construction industry. These opinions of costs are for corrective actions and involve a single solution without extensive study, destructive testing, or design. Opinion of costs represents material and labor costs only and does not include other factors such as design, permitting, overhead, and contingencies. The Consultant cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. If the City wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the City will be paid for as Additional Services. • Cost report pay item descriptions, pay item units, and unit prices will be based on construction resources such as RS Means, Consultant's experience with past costs for similar projects, City cost indexes, and City -provided information. • The compliance status and possible solutions will be based on the applicable ADA standards in effect at the time of construction or alteration. Properties constructed before September 15, 2010 will be reviewed against the 1991 ADA Standards or UFAS. Properties constructed between September 15, 2010 and March 15, 2012 will be reviewed against the 1991 ADA Standards, UFAS, or the 2010 ADA Standards. Properties constructed after March 15, 2012 will be reviewed against ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. the 2010 ADA Standards. State and local building codes under which the project was originally constructed are excluded from the evaluations. Task 3 Deliverables: • Fieldwork data with associated metadata in shapefile and geodatabase formats. • Individual barrier photos in JPG format. • Facility reports in PDF format. City Responsibilities: • The City will provide floor plans to the Consultant for the park facilities to be evaluated. • The City will provide the Consultant access to the areas within the parks to be evaluated. TASK 4. TRAIL REVIEW 4.1 Trail Evaluations. The Consultant will establish field teams to conduct evaluations for compliance with Title II of the ADA. The evaluation forms will be based on the applicable ADA standards in effect at the time of construction or alteration: Properties constructed before September 15, 2010, will be reviewed against the 1991 ADA Standards for Accessible Design (ADA Standards) or Uniform Federal Accessibility Standards (UFAS). Properties constructed between September 15, 2010 and March 15, 2012 will be reviewed against the 1991 ADA Standards, UFAS, or the 2010 ADA Standards. Properties constructed after March 15, 2012 will be reviewed against the 2010 ADA Standards. State and local building codes under which the project was originally constructed are excluded from the evaluations. The Consultant will evaluate up to 20 linear miles of paved trails. The paved trail length is calculated using the centerline of the pedestrian path of travel. Only non -compliant issues along exterior pedestrian paths of travel will be recorded. 4.2 Database & Facility Reports. The Consultant will create a geodatabase and coordinate with City staff to verify the database structure and existing data relationships. The Consultant will create a separate report for each trail. Any modifications to the report format requested by the City will be considered Additional Services. Each facility report will identify the compliance status of each facility and consist of the following: • Listing of facilities that are not in compliance with ADA requirements. • Possible solutions to resolve non-compliance issues for each facility. • Barrier priority using criteria developed by the Consultant. • "Cost report" that assigns conceptual budget estimates to each possible solution. The Consultant has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to the Consultant at this time and represent only the Consultant's judgment as a design professional familiar with the construction industry. These opinions of costs are for corrective actions and involve a single ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. solution without extensive study, destructive testing, or design. Opinion of costs represents material and labor costs only and does not include other factors such as design, permitting, overhead, and contingencies. The Consultant cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. If the City wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the City will be paid for as Additional Services. Cost report pay item descriptions, pay item units, and unit prices will be based on construction resources such as RS Means, Consultant's experience with past costs for similar projects, City cost indexes, and City -provided information. The compliance status and possible solutions will be based on the applicable ADA standards in effect at the time of construction or alteration. Properties constructed before September 15, 2010 will be reviewed against the 1991 ADA Standards or UFAS. Properties constructed between September 15, 2010 and March 15, 2012 will be reviewed against the 1991 ADA Standards, UFAS, or the 2010 ADA Standards. Properties constructed after March 15, 2012 will be reviewed against the 2010 ADA Standards. State and local building codes under which the project was originally constructed are excluded from the evaluations. Task 4 Deliverables: • Fieldwork data with associated metadata in shapefile and geodatabase formats. • Individual barrier photos in JPG format. • Facility reports in PDF format. City Responsibilities: • The City will provide the Consultant access to the trails to be evaluated. TASK 5. PUBLIC RIGHTS -OF -WAY REVIEW The Consultant will establish field teams to conduct evaluations of compliance with Title II of the ADA. The evaluation forms will be based on the 2023 Public Right -of -Way Accessibility Guidelines (PROWAG). State and local building codes under which the project was originally constructed are excluded from the evaluations. 5.1 Signalized Intersection Evaluations. The Consultant will evaluate up to 587 signalized intersections. This task will consist of evaluating only pedestrian signal equipment and pedestrian street crossings. 5.2 Sidewalk Evaluations. The Consultant will evaluate up to 114 linear miles of sidewalk. The sidewalk length is calculated using the centerline of the pedestrian path of travel. 5.3 Curb Ramp Evaluations. The Consultant will evaluate up to 630 curb ramps. 5.4 Pedestrian At -grade Railroad Crossing Evaluations. The Consultant will evaluate up to 42 pedestrian at -grade railroad crossings. Railroad crossings without an existing pedestrian access route to cross the tracks will not be evaluated. ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. 5.5 Accessible On -Street Parking Evaluations. The Consultant will quantify the total number of on -street parking spaces per block to determine the required number of accessible parking spaces for each block. The Consultant will evaluate up to 177 accessible on -street parking spaces. The Consultant estimates that this task will consist of evaluating up to 177 blocks. 5.6 Database & Facility Reports. The Consultant will create a geodatabase and coordinate with City staff to verify the database structure and existing data relationships. The Consultant will create a separate report for each signalized intersection and accessible on -street parking block. Any modifications to the report format requested by the City will be considered Additional Services. Each facility report will identify the compliance status of each facility and consist of the following: • Listing of facilities that are not in compliance with PROW G. • Listing of facilities that are in compliance with PROW G. • Possible solutions to resolve non-compliance issues for each facility. • Barrier priority using criteria developed by the Consultant. • "Cost report" that assigns conceptual budget estimates to each possible solution. The Consultant has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to the Consultant at this time and represent only the Consultant's judgment as a design professional familiar with the construction industry. The Consultant cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. If the City wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the City will be paid for as Additional Services. • The compliance status and possible solutions will be based on PROW G. 5.7 Esri Dashboard. The Consultant will create an Esri dashboard for viewing and filtering select attributes of the geodatabase for buildings, parks, signalized intersections, sidewalks, curb ramps, and at -grade pedestrian railroad crossings evaluated in Tasks 2 — 5, sidewalk and curb ramps summarized in Task 6, and existing sidewalk and curb ramp data previously evaluated by the City and the City's representatives (where feasible). The dashboard will consist of the following elements: • Web map displaying point and line features that represent the evaluated facilities. • Summary indicator displaying the total conceptual budget estimate for each facility type and the dynamic conceptual budget estimate for selected facilities/elements. • Summary pie chart displaying barrier priority. • Summary pie chart displaying compliance status (compliant and not compliant). • Site category selector menu that contains a list of each facility. Allows filtering by facility name. • Priority or compliance status category selector for each facility. • Serial (bar) chart with barrier graphs for building facilities and park facilities. • Embedded dashboard instructions and disclaimer in Adobe PDF format. ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. Task 5 Deliverables: • Fieldwork data with associated metadata in shapefile and geodatabase formats. • Individual barrier photos in JPG format. • Signalized intersection and accessible on -street parking facility reports in PDF format. • Esri dashboard. City Responsibilities: • The City will select the sidewalk corridors to be evaluated in Task 5.2 and provide the selected sidewalk corridors in GIS file format to the Consultant. • The City will select the curb ramps to be evaluated in Task 5.3 and provide the selected curb ramps in GIS file format to the Consultant. TASK 6. PROCESSING OF EXISTING SIDEWALK AND CURB RAMP DATA 6.1 The Consultant will determine compliance of the existing field data based on the 2023 PROW G for up to 3,040 miles of sidewalk and up to 33,265 curb ramps. No additional field measurements will be collected for facilities previously evaluated by the City and the City's representatives. 6.2 The Consultant will prepare conceptual budget estimates for non -compliant pedestrian facilities in the public rights -of -way. The non -compliant status of each pedestrian facility will be based on data previously collected by the City and its representatives. The Consultant has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to the Consultant at this time and represent only the Consultant's judgment as a design professional familiar with the construction industry. The Consultant cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. If the City wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the City will be paid for as Additional Services. Task 6 Deliverables: The database developed in Task 5 will be updated to include the compliance status of each facility and consist of the following: o Listing of facilities that are not in compliance with PROW G. o Possible solutions to resolve non-compliance issues for each facility. o Barrier priority using criteria developed by the Consultant. o "Cost report" that assigns conceptual budget estimates to each possible solution. o Pay items and associated pay item units needed to develop the cost reports are provided in Exhibit A. Any modifications to Exhibit A will be considered Additional Services. o The compliance status and possible solutions will be based on PROW G. City Responsibilities: ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. The Consultant shall be entitled to rely on the completeness and accuracy of all information provided by the City or the City's representatives. The City shall provide the Engineer with all existing field data for sidewalks and curb ramps. TASK 7. TRANSITION PLAN DEVELOPMENT The Consultant will coordinate with City staff in developing the Transition Plan as follows: 7.1 Implementation Schedule and Strategy. The Consultant will work with the City to determine a schedule for implementing the Transition Plan and outline the steps the City will take each year of the transition period. 7.2 Budget. The Consultant will provide the City with a recommended multi -year budget for accessibility improvements identified in Tasks 2 — 5 and summarized in Task 6. Possible funding sources to achieve compliance will be provided. It will be the City's responsibility to confirm the City's eligibility for each funding source. 7.3 Draft Transition Plan. Based on the facility reviews completed in Tasks 2 — 5 and the previously collected sidewalk and curb ramp data summarized in Task 6, the Consultant will prepare a draft Transition Plan for the City. The plan will consist of: Summary of project purpose, process, and most significant observations. Detailed observations of the facility reviews completed in Tasks 2 — 5. A phased schedule with conceptual budget estimates for the removal of facility barriers identified in Tasks 2 — 5 and barriers summarized in Task 6. 7.4 Final Transition Plan. The Consultant will address one (1) round of written consolidated comments from City staff to prepare a Final ADA Self -Evaluation and Transition Plan for the City. Task 7 Deliverables: • Electronic copies of the draft and final ADA Transition Plan in Microsoft Word and Adobe PDF formats. • Electronic copies of the final ADA Transition Plan Appendix in PDF format will be provided using the Consultant's electronic file sharing system. City Responsibilities: • The City will provide written consolidated comments on the draft ADA Transition Plan and Appendix. TASK 8. PROJECT MEETINGS Task 8 — Project Meetings 8.1 Kick-off Meeting. The Consultant will conduct up to one (1) meeting with City staff to discuss the ADA Title II requirements and the process for developing the City's ADA Transition Plan, and to introduce the proposed project tasks and schedule. The Consultant ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. will produce meeting materials and handouts, lead and facilitate the meeting, and prepare a summary of action items resulting from the meeting (2 -hour, in -person meeting). 8.2 Progress Meetings. The Consultant will conduct up to six (6) meetings with City staff and the ADA Liaison Committee to provide project updates. The Consultant will produce meeting materials, lead and facilitate the meetings, and prepare a summary of action items resulting from the meetings (1 -hour, in -person meetings). 8.3 City Management Meetings. The Consultant will conduct up to two (2) meetings with City management to provide project updates. The Consultant will produce meeting materials, lead and facilitate the meetings, and prepare a summary of action items resulting from the meetings (1 -hour, in -person meetings). 8.4 Council Meetings. The Consultant will prepare for and attend up to two (2) City Council meetings. The Consultant will produce meeting materials and handouts and prepare a summary of action items resulting from the meetings (2 -hour, in -person meetings). Task 8 Deliverables: • Summary of action items from each meeting. • Electronic copies of meeting presentations. City Responsibilities: • The City will create an ADA Liaison Committee comprised of City staff representing major program areas and/or departments. • The City will conduct all internal coordination required to identify City staff to serve on the ADA Liaison Committee for the duration of the project. • The City will conduct all internal coordination required to identify City staff to attend each meeting. • The City will provide the names and email addresses of all staff identified to attend each meeting. • The City will provide a location in which to host the meetings. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scooe of Services — City and Consultant agree that the following services are beyond the Scope of Services described in the tasks above. However, the Consultant can provide these services, if needed, upon the City's written request. Any additional amounts paid to the Consultant as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Evaluation and reporting of facilities not listed in Tasks 2 - 5. • Evaluation of employee -only areas and work areas, including common -use spaces located in employee -only areas. • Providing printed copies of Appendices. • Providing effective communication services, including but not limited to sign language interpreting and captioning services. • Providing deliverables in accessible formats. ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. • Providing deliverables in languages other than English. • Development of an inventory of City services, policies, practices, programs, and activities required to be evaluated for ADA compliance. • Review of City services, policies, practices, programs, and activities required to be evaluated for ADA compliance. • Public outreach. • Staff training. • Digital accessibility review of City website and social media accounts. • Update of Transition Plan to document additional work. ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. ATTACHMENT B COMPENSATION Professional Services for City of Fort Worth ADA Self -Evaluation and Transition Plan — Phase 2 City Project No. 26-29 CFW ADA Trans Lump Sum Project Compensation A. The Consultant shall be compensated a total lump sum fee of $929.000.00 as summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor, materials, supplies, and equipment necessary to deliver the services. B. The Consultant shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the Consultant monthly upon City's approval of an invoice prepared and submitted by the Consultant in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the Consultant. Ill. Progress Reports A. The Consultant shall prepare and submit to the designated representative of the Human Resources Department monthly progress reports and schedules in the format required by the City. ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Kimley-Horn and Associates, Inc. Professional Services $814,110.00 87.6% Proposed MWBE Sub -Consultants $0.00 0.0% Non-MWBE Consultants Daxbot Data Collection $114,890.00 12.4% TOTAL $929,000.00 100% Project Number & Name Total Fee MWBE Fee MWBE CPN 26-29 CFW ADA Trans City of Fort Worth ADA Transition Plan — $929,000.00 $0.00 0.0% Phase 2 City MWBE Goal =NA ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. Consultant Committed Goal = NA EXHIBIT "B-1" CONSULTANT INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. Kirnley))) Horn Invoice for Professional Services Please remit payment electronically to: If paying by check, please remit to: Account Name: KIMLEY-HORN AND ASSOCIATES, INC. KIMLEY-HORN AND ASSOCIATES, INC. Bank Name and Address: WELLS FARGO BANK, N.A., SAN FRANCISCO, CA 94163 P.O. BOX 951640 Account Number: 2073089159554 DALLAS, TX 75395-1640 ABA#: 121000248 CITY OF FORT WORTH ATTN: KRISTEN SMITH 100 FORT WORTH TRAIL FORT WORTH, TX 76102 Federal Tax Id: 56-0885615 For Services Rendered through Jul 31, 2026 Invoice No: 061019999-072 Invoice Date: 3 Jul 31, 2026 Invoice Amount: $10,000.00 Project No: 061019999 Project Name: ADA TRANSITION PLAN Project Manager: EUREK, ERIN Client Reference: CPN 999999 FW080-000000000 LUMP SUM (HA Ref# 061019999.1-25548613 Description Contract Value Complete Amount Earncd to Date Previous Amount Billed Current Amount a Due BASIC SERVICES TASK1 - 25,525.00 39.17% 10,000.00 0.00 10,000.00 TASK2 - 66,474.00 0.00% 0.00 0.00 0.00 TASKS - 217,536.00 0.00% 0.00 0.00 0.00 TASK4 - 28,236.00 0.00% 0.00 0.00 0.00 TASKS - 471,695.00 0.00% 0.00 0.00 0.00 TASK6 - 50,534.00 0.00% 0.00 0.00 0.00 1 AJ1,/ - 93,JU9.uu u.uu ro 0.00 TASKS - 25,496.00 0.00% 0.00 Subtotal 929,000.00 1.0% 10,000.00 Total LUMP SUM Total Invoice: $10,000.00 11 SAMPLE INVOICE 0.00 U.UU 0.00 0.00 0.00 10,000.00 10,000.00 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Professional Services for City of Fort Worth ADA Self -Evaluation and Transition Plan — Phase 2 City Project No. 26-29 CFW ADA Trans No changes to the Standard Agreement ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. FORT WORTH ATTACHMENT "D" PROJECT SCHEDULE A. Consultant Project Schedule Development Consultant shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement. Consultant shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. Consultant's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier" level for the Consultant's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule Consultant will produce an initial project schedule and submit as a "baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule Consultant will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. Consultant's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. w d (O v O m Y o. w y m 0 r- wO > Q J F- a N N N m N N N 1Z N N N M NcoN M O N N o7 N N N N N N O N V V ) N M N N 0 O N N 0) m 0) N 0 O W 1 0) 30 N N 303) M r N- I- N N rO 0033 N 01 N V fh 0)30.00) 03- o N0 N 0300 CO O N O O N O) H N f W H3 O N N bl O to O N N W FA 0. O N 00 fA a M O b9 W 4-00)s .- H) 63 Vj 03 EA o b O N m 0) O O N O N M x o4403 W w U 0 0 H W S 0o 03 w 0 O •0 O O G N X F GOO 0 O N O 03 C W O a .0 Cl) nmN N W N r OW M N N O .- CM O O 0 a MNh N N N NO O O 0) 0 00 o ' 0 S m�mN O N CM m N 0 Llo N O O Lo Q7 p N N A N rnmm V O N N O o N N mrl')o t+J m U 0 wsaw w� c» Ul E rn rn 3-00 V N 00 N — T N O O O OOi a o N m W N 0 V O r O VI N J Q M O O N N ON N O o 0. N yy N ON V U 0 O O C N O O Op N C N N N O N to 001 W 3O C C N f% w a` N O y Ol N C maw N o � U O — o r o r .0 c o yK 2' p_ m o w N S c cW ~ m- v 3- 0)3._- = h >, - m m .. y. . = w E- ; N N 0 d fn > LL LL ly u) G) m w W J LL 0 O m �� � °- m N w m j d m d •> d m °� Vi y m_ E m o N� g v o r E m rn N O °� N" �Ya N tp N E a DOD aao N 3-F❑ CO N a(E(0U O N aw ¢-ow aKUU CO N 0 z N M 0) N M V N N I) f p C N (V fV p M CO CO p V 00 x 0) 0)0) U) N 0) h N p G CO (O wo a2 \m o wo %$ \k ( Oft §«&6\ \/ 54 \ o j) §J/\)( o ft S ] 0 0. a ; !0. ;!& �\ }e }}±§f {\ )\) \\\ EXHIBIT E CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS 1. INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. i. City shall be included as an additional 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. 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. ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. 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 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. 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. ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. 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. 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. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. 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. ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. FORT WORTH CITY OF FORT WORTH CHAPTER 252 EXEMPTION FORM Instructions: Fill out the entire form with detailed information. Once you have completed this form, provide it to the Purchasing attorneys for review. The attorneys will review the information you have provided to determine whether an exemption to Chapter 252's bidding requirements is defensible. Failure to provide sufficient information may result in follow up questions and cause a delay in the attorney's determination. Section 1: General Information Requesting Department: Name of Contract Manager: Departmental Attorney: Item or Service sought: continuation Goods: Service: Anticipated Amount: Vendor: Current/Prior Agreement for item/service: CSC or Purchase Order #: Amount: Projected M&C Date: How will this item or service be used? Human Resources Erin Roden Jordan P. Alvarez Professional consultant Services for ADA $929,000.00 Kimley & Horn Associates Yes ® No ❑ 60025 $225,000.00 8/25/26 Follow up for ADA Transition plan Has your department started a requisition or otherwise contacted the Purchasing Division related to obtaining this good/service? Yes ❑ No If yes, please provide requisition number or brief explanation of contact with Purchasing Division: N/A ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. Section 2: Claimed Exemption and Justification (Other than sole source) NOTE: For sole -source exemption requests, complete Section 3. Please indicate the non -sole -source exemption you believe applies to the purchase and provide information to support its applicability. Please refer to the Exemption Primer (starting on page 5) for detailed information about common exemptions: ❑ A procurement necessary to preserve or protect the public health or safety of the City of Fort Worth's residents; ❑ A procurement necessary because of unforeseen damage to public machinery, equipment, or other property; ® A procurement for personal, professional, or planning services; ❑ A procurement for work that is performed and paid for by the day as the work progresses; 0 A purchase of land or a right-of-way; ❑ Paving drainage, street widening, and other public improvements, or related matters, if at least one-third of the cost is to be paid by or through special assessments levied on property that will benefit from the improvements; ❑ A public improvement project, already in progress, authorized by the voters of the municipality, for which there is a deficiency of funds for completing the project in accordance with the plans and purposes authorized by the voters; ❑ A payment under a contract by which a developer participates in the construction of a public improvement as provided by Subchapter C, Chapter 212; ❑ Personal property sold: • at an auction by a state licensed auctioneer; • at a going out of business sale held in compliance with Subchapter F, Chapter 17, Business & Commerce Code; • by a political subdivision of this state, a state agency of this state, or an entity of the federal government; or • under an interlocal contract for cooperative purchasing administered by a regional planning commission established under Chapter 391; ❑ Services performed by blind or severely disabled persons; 0 Goods purchased by a municipality for subsequent retail sale by the municipality; ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. ❑ Electricity; or El Advertising, other than legal notices. Please provide details and facts to explain why you believe the exemption applies to the purchase. You may also attach documentation to this form. This procurement is exempt from the competitive bidding requirements of Chapter 252 of the Texas Local Government Code pursuant to Section 252.022(a)(4), which exempts procurements for professional services. The requested services provide for the continuation of the City's Americans with Disabilities Act (ADA) Transition Plan. These services require specialized professional expertise in ADA Title II compliance, accessibility assessments, transition planning, federal regulatory requirements, and implementation strategies. The consultant will continue work previously performed under the existing ADA Transition Plan, including updating assessments, refining implementation priorities, developing project scopes, and providing technical guidance necessary to achieve and maintain compliance with federal accessibility requirements. Continuity of professional services is essential to preserve the integrity of the existing assessments, methodologies, data, and implementation recommendations already developed.The skills needed for this service include a strong understanding of ADA Title II regulations and federal accessibility requirements, the ability to evaluate both digital and physical environments for compliance, and experience conducting thorough self -evaluations and developing transition plans that identify barriers and outline steps for remediation. It also requires skill in interpreting regulatory standards, using accessibility testing tools and methods, and applying professional judgment across planning, design, policy review, and implementation. Effective communication, coordination with departments, and the ability to guide long-term accessibility strategies are also essential. Section 3: Claimed Sole -Source Exemption and Justification NOTE: For all non -sole -source exemption requests, complete Section 2. Please indicate the sole -source exemption you believe applies to the purchase and provide information to support its applicability. Please refer to the Exemption Primer (starting on page 5) for detailed information about common exemptions: ❑ items that are available from only one source because of patents, copyrights, secret processes, or natural monopolies; El films, manuscripts, or books; El gas, water, and other utility services; ❑ captive replacement parts or components for equipment; El books, papers, and other library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. ❑ management services provided by a nonprofit organization to a municipal museum, park, zoo, or other facility to which the organization has provided significant financial or other benefits; How did you determine that the item or service is only available from one source? [EXPLAIN HOW YOU DETERMINED EXCEPTION APPLIES (RESEARCH, COMMUNICATIONS, DOCUMENTATION)1 Attach screenshots and provide an explanation of any independent research you conducted, through internet searches, searching cooperatives, or discussions with others knowledgeable on the subject matter that corroborate that the item is available only from a single source. [SHOW YOUR RESEARCH/WORK THAT LEAD TO YOUR CONCLUSION] Did you attach a sole source justification letter? ❑ Yes ❑ No Describe the uniqueness of the item or service (e.g. compatibility or patent issues, etc.). [DESCRIBE THE UNIQUNESS OF THE ITEM/SERVICE THAT QUALIFIES IT AS A SOLE SOURCE] Section 4: Attorney Determination With the facts provided by the department, is the use of the claimed exemption defensible if the City were to be challenged on this purchase? ®Yes ❑No. Was there anything attached to this form that was relied on in making this determination? ❑Yes ®No. If yes, please explain: [DESCRIBE ATTACHMENTS CONSIDERED] Was there anything not included on this form or attached hereto that was relied on in making this determination? ❑Yes ®No. If yes, please explain: [EXPLAIN OUTSIDE SOURCE OF INFORMATION] Approved By: Date: 8.12.26 Amarna Muhamina / Jordan Alvarez Assistant City Attorney ADA Self Evaluation and Transition Plan — Phase 2 Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. FORT WORTH,. MAYOR AND COUNCIL COMMUNICATION 7.5.14 ADA-CONSULTANT SERVICES DATE: 09/15/26 M&.C FILE NUMBER: M&.C 26-0878 DEPARTMENT: HUMAN RESOURCES SUBJECT (ALL) Authorize Execution of an Agreement with Kimley-Horn and Associates, Inc. in an Amount Up to $929,000.00 for a Three -Year Contract Term for Development of the City's Americans with Disabilities Act Transition Phase II Plan and Related Accessibility Consulting Services and Adopt Appropriation Ordinances for the Transportation&. Public Works, Park&. Recreation, and Property Management Departments RECOMMENDATION It is recommended that the City Council: Authorize execution of an Agreement with Kimley-Horn and Associates, Inc. in an amount up to $929,000.00 for a three-year contract term to develop the City's federally required Americans with Disabilities Act Transition Phase II Plan and provide related accessibility consulting services during fiscal years 2027-2029; 2. Adopt the attached appropriation ordinance reallocating appropriations in the General Fund by decreasing appropriations in the General Operating and Maintenance category in the amount of $74,060.00, and increasing appropriations in the Transfers&. Other category by the same amount, for the purpose of funding the 2026 Americans with Disabilities Act Transition Plan project (City Project No. 107186); 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Capital Projects Fund in the amount of $74,060.00, transferred from the General Fund, for the purpose of funding the 2026 Americans with Disabilities Act Transition Plan project (city Project No. 107186); 4. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the PARO Dedication Fees Fund by decreasing Unspecified - All Funds (City Project No. UNSPEC) by $274,850.00 and increasing estimated receipts and appropriations in the 2026 Americans with Disabilities Act Transition Plan project (City Project No. 107186) by the same amount; and 5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Capital Projects Fund in the amount of $580,090.00 from available transfer from general funds, for the purpose of funding the 2026 Americans with Disabilities Act Transition Plan project (City Project No. 107186). I of 3 DISCUSSION The purpose of this Mayor and Council Communication (M&.C) is to authorize the execution of an Agreement with Kimley-Horn and Associates, Inc. to develop the City's federally required Americans with Disabilities Act (ADA) Transition Plan and provide and accessibility consulting services supporting implementation of the Plan. This agreement supports the 2026 ADA Transition Plan project (City Project No. 107186). The ADA Transition Plan is anticipated to be a three-year recurring initiative that will establish the City's framework for evaluating, prioritizing, and implementing accessibility improvements to ensure City programs, services, activities, and facilities remain accessible and compliant with federal accessibility requirements. Costs associated with development of the Transition Plan and implementation of identified improvements will be shared among the Transportation & Public Works, Park & Recreation, and Property Management Departments. The total agreement amount is up to $929,000.00. Funding for this citywide initiative consists of $580,090.00 from the General Capital Projects Fund, $274,850.00 from the PARD Dedication Fees Fund, and $74,060.00 from the General Fund. The project will support the respective ADA Transition Plan activities of the Transportation & Public Works, Park & Recreation, and Property Management Departments. Under this agreement, Kimley-Horn and Associates, Inc. will inventory and evaluate City -owned facilities and infrastructure for ADA compliance; identify and prioritize accessibility barriers; develop cost estimates and implementation schedules; recommend capital improvements; and provide technical guidance to support ongoing compliance with federal accessibility requirements. Title II of the Americans with Disabilities Act requires public entities with 50 or more employees to maintain an ADA Transition Plan identifying physical barriers to accessibility, establishing priorities for barrier removal, and providing a schedule for achieving compliance. The Transition Plan serves as the City's long-range strategy for improving accessibility to City facilities, parks, sidewalks, trails, public rights -of -way, and other publicly accessible assets. PROCUREMENT: A Chapter 252 Exemption has been approved for the professional services associated with Phase II of the City's ADA Transition Plan. A Small Business goal is not assigned to this solicitation/contract because it is exempt from the Ordinance. 2 of 3 This agreement will serve ALL COUNCIL DISTRICTS. This contract requires a Form 1295. FISCAL INFORMATION/CERTIFICATION The Director of Finance certifies that funds are currently available in the General Fund and in the Unspecified -All Funds project within the General Capital Projects and PARD Dedication Fees Funds and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the General Capital Projects and PARD Dedication Fees Funds for the 2026 ADA Transition Plan project to support the execution of the agreement. Prior to an expenditure being incurred, the Human Resources Department has the responsibility to validate the availability of funds. SUBMITTED FOR CITY MANAGER'S OFFICE BY: ORIGINATING BUSINESS UNIT HEAD: ADDITIONAL INFORMATION CONTACT: Giordano, Dianna, # 7783 Smith, Kristen,# 2697 Wiggins, Heather,# 7230 ATTACHMENTS 1. ORD APP-14ADA-CONSULTANT SERVICES-AO(R2) [7.5.14.1 - 2 pages] 2. ORD APP-14ADA-CONSULTANT SERVICES-AO(R3) [7.5.14.2 - 2 pages] 3. ORD APP-14ADA-CONSULTANT SERVICES-AO(R4) [7.5.14.3 - 2 pages] 4. ORD APP-14ADA-CONSULTANT SERVICES-AO(R5) [7.5.14.4 - 2 pages] 5. 252 Exemption - Kimley Horn Associates - Approved [7.5.14.5 - 6 pages] 3 of 3 FORT WORTH.: City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Kimley & Horn Associates Subject of the Agreement ADA Transition Plan Phase II M&C Approved by the Council? * Yes 8 No B If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No B If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 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: Three years after execution date If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. N/A *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes i No 0 Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.