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HomeMy WebLinkAboutContract 33064 CITY SECRETARY CONTRACT NO. CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Kimley-Hom and Associates, Inc. (the "ENGINEER"), for a PROJECT generally described as: Roadway Impact Fee Policy Development. Article 1 Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The ENGINEER shall provide the CITY sufficient documentation to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full, including interest. In the event of suspension of services, the ENGINEERING AGREEMENT w:tiU � ROADWAY IMPACT FEE POLICY � Page 1 of 12 C1, 2�i y,j•;r•� i�I Y I"J�0 ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the ENGINEER Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this AGREEMENT, providing professional engineering consultation and advice and fumishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. 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. D. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years ENGINEERING AGREEMENT �- �l� ROADWAY HaACTFEE POLICYk.J Page 2 of 12 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 three (3) 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 subcon-sultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. E. Minority and Woman Business Enterprise (MIWBE) Participation In accord with City of for Worth Ordinance No. 15530, the CITY has goals for participation of minority business enterprises and woman business enterprises in CITY contracts. ENGINEER acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the ENGINEER may result in the termination of this AGREEMENT and debarment from participating in CITY contracts for a period of time of not less than three (3) years. F. ENGINEER's Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the CITY certificate(s) of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence ENGINEERING AGREEMENT 1 a ROADWAY Itv1PACIFEE POLICY Page S of 12 ? , •„ 'i�+`gip�I�G10 $2,000,000 aggregate Automobile Liability $1,000,000 each accident on a combined single limit or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned when said vehicle is used in the course of the PROJECT. Worker's Compensation Coverage A: Statutory limits Coverage B: Employer's Liability $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability $1,000,000 each claim $2,000,000 aggregate Professional liability shall be written on a claims-made basis and shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. (a) Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. (b) Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. ENGINEERING AGREEMENT ROADWAY IMPACT FEE POLICY Page of 12 ''s't 151.1:�i (c) Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d) A minimum of forty-five (45) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. (e) Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A: VII in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. (f) Deductible limits, or self insured retentions, affecting insurance required herein shall be acceptable to the CITY in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the CITY, (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. (i) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the CITY approves such exclusions. (j) For all lines of coverage underwritten on a claims-made basis, other than Professional Liability, the retroactive date shall be coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims- made. (k) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement and all insurance required in this section, with the exception of Professional Liability, shall be written on an occurrence basis. (1) Sub consultants and subcontractors to/of the ENGINEER shall be ENGINEERING AGREEMENT ROADWAY HAPACT FEE POLICY Page 5 of 12 — U � Y' " t� required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. G. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. H. 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. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) ENGINEERING AGREEMENT ROADWAY IMPACT FEE POLICY Page 6 of 12 Article V Obligations of the CITY Amendments to Article V, if any, are included in Attachment C. 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 and will provide labor and safety equipment as required by the ENGINEER for such access. 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 in Attachment A. 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. ENGINEERING AGREEMENT ROADWAY IMPACT FEE POLICY Page 7 of 12 =tL ... F. 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. G. 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 Amendments to Article VI, if any, are included in Attachment C. 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 documents prepared for this PROJECT, 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 The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER. ENGINEERING AGREEMENT ROADWAY INVACTFEE POLICY Page 8 of 12 D. Termination (1) This AGREEMENT may be terminated only by the CITY for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the CITY, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing storage containers, microfilm, electronic data files, and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time 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 termination expenses. The CITY'S approval will 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 (1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subcontractors in connection with the PROJECT. (2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative ENGINEERING AGREEMENT ROADWAY IMPACT FEE POLICY Page of 12 n I .:"J�. Jl� Y u•0 degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996). G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. 1. 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. J. Alternate Dispute Resolution (1) All claims, disputes, and other matters in question between the CITY and ENGINEER arising out of, or in connection with this AGREEMENT or the PROJECT, or any breach of any obligation or duty of CITY or ENGINEER hereunder, will be submitted to mediation. If mediation is unsuccessful, the claim, dispute or other matter in question shall be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to be less than $50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of the Association then in effect. Any award rendered by the arbitrators less than $50,000, exclusive of attorney's fees, costs and expenses, will be final, judgment may be entered thereon in any court having jurisdiction, and will not be subject to appeal or modification except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11). (2) Any award greater than $50,000, exclusive of attorney's fees, costs and expenses, may be litigated by either party on a de novo basis. The award shall become final ninety (90) days from the date same is issued. If litigation is filed by either party within said ninety (90) day period, the award shall become null and void and shall not be used by either party for any purpose in the litigation. ENGINEERING AGREEMENT y•,J`,;r e ROADWAY IMPACT FEE POLICY Page 10 of 12 c',CV'fti111J -�� nn K. 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 IV.D., VI..B., VI.D., VI.F., VI.H., VI.I., and VI.J. shall survive termination of this AGREEMENT for any ca use. L. 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. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) ENGINEERING AGREEMENT J = ' ROADWAY MACT FEE POLICY Page 11 of 12 Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. 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 Attachment D - Schedule Executed this the I day o 200/( ATTEST: CITY OF FO T WORTH r B6, Y Marty Hendrix 0 Marc A. City Secretary Assistan City Manager -*;LX%%Lk contract Authori z a t io n APPROVAL RECOMMENDED 1)ouGL.w6nf` 1 . 0-V�/J Date 4.. Robert D. Goode, P.E. Director, Transportation and Public Works APPROVED AS TO FORM AND LEGALITY a, Assist4nt City Attorney ENGINEER: ATTEST: Kimley-Hom and Associates, Inc. By: G. Brad Trib e, P.E. Senior Vice President ENGINEERING AGREEMENT - ROADWAY IMPACT FEE POLICY Page12 of 12 �" 4; ATTACHMENT "A" SCOPE OF SERVICES ROADWAY IMPACT FEE POLICY DEVELOPMENT FORT WORTH,TEXAS PROJECT UNDERSTANDING The goal of this project is to develop and implement a Roadway Impact Fee policy for the City of Fort Worth. The City of Fort Worth has had a Water and Wastewater Impact Fee policy in place since the early 1990's, which has been updated on multiple occasions, the last update occurring in August 2004. This scope of services will provide the City of Fort Worth with the technical analysis required by Chapter 395 of the Texas Local Government Code to determine the maximum roadway impact fee that may be assessed; along with providing CITY staff assistance at various presentations required during the public hearing and adoption process. SCOPE OF SERVICES If services beyond those defined in this scope are required, the Parties shall attempt to negotiate a written amendment to this Agreement. ENGINEER shall not proceed with work on any additional services prior to the Parties executing a written amendment. The Scope of Services includes the following primary tasks: • Task 1 —Project Initiation • Task 2—Land Use Assumptions • Task 3—Roadway Impact Fee Analysis • Task 4—Financial Analysis • Task 5—Rough Proportionality Policy Development • Task 6—Development of Roadway Impact Fee, Proportionality Regulations, and Administrative Guidelines • Task 7—Public Hearings and Approval Process Task 1 — Project Initiation In order to assess a roadway impact fee under Chapter 395 of the Local Government Code, two major components must be developed for each service area (an area no greater than six (6) miles in diameter within which impact fees must be collected and spent): Land Use Assumptions and an Impact Fee Capital Improvements Plan. The purpose of this task is to establish the roadway service areas within the City of Fort Worth and determine the service areas for which the maximum assessable impact fee will be calculated. Task 1.1 — Data Collection • The CITY will provide the ENGINEER with the following documents/information: • Most recent Comprehensive Master Plan; Roadway Impact Fee Policy Development 1 r_; • Building permit history (both residential and non-residential) for the previous ten (10) years; • Currently adopted Water and Wastewater Impact Fee Reports; and • Currently adopted Land Use Assumptions for Water and Wastewater Impact Fees. • The CITY will provide the ENGINEER the most current ArcGIS shapefiles and layerfiles for the following datasets (NAD 83 State Plane, North Central Texas Zone coordinates): • Most recent City Limits; • Most recent ETJ Limits; • Currently adopted Master Thoroughfare Plan; and • Currently adopted Future Land Use Plan. Task 1.2—Conduct Policy Development Workshops • The ENGINEER will prepare for and conduct a project kick-off workshop for CITY staff to present roadway impact fee fundamentals. The ENGINEER will facilitate impact fee policy discussion and guidelines applicable to the roadway impact fee and current City of Fort Worth development guidelines. • The ENGINEER will prepare for and conduct a workshop with a Developer's Advisory Committee (or similar group created by the CITY)to discuss the implementation of roadway impact fees within the City of Fort Worth. Task 1.3— Establish Roadway Service Area Boundaries • The ENGINEER, in coordination with the CITY, will develop the roadway service area boundaries consistent with the six (6) mile limit required by law. The ENGINEER anticipates 25— 30 service areas will be required to cover the entire city limits. • The ENGINEER, in coordination with the CITY, will determine the roadway service areas under which a maximum assessable impact fee is to be calculated. Up to eighteen (18)service areas will be included in the impact fee policy development. The inclusion of more than eighteen (18)service areas will be considered additional services. Deliverables The ENGINEER will develop an ArcGIS shapefile and full-size (34" x 44") color map that identifies the proposed service area boundaries and those service areas under which a maximum assessable roadway impact fee will be calculated. The ENGINEER will prepare five (5) copies of the map for the CITY. Meetings The ENGINEER will prepare for and attend up to five (5) meetings with the CITY and conduct two (2) Roadway Impact Fee workshops during this task. Roadway Impact Fee Policy Development 2 1 L3 Task 2 — Land Use Assumptions The ENGINEER will prepare the land use assumption tasks listed below in conformance with Chapter 395 of the Local Government Code for each of the service areas identified for analysis in Task 1.3. Task 2.1 — Existing Land Use Assumptions • The ENGINEER will prepare the existing land use information in a format suitable for use in the impact fee policy development. The information will be presented in tabular form by roadway service area. For each service area, population (persons and number of dwelling units) and employment (amount of square footage of basic, service, and retail land uses) will be summarized. The existing land use assumptions will be completed for the year 2005. Task 2.2— Build-out Land Use Assumptions • The ENGINEER will develop the build-out demographics (population and employment)for the CITY in tabular format for each roadway service area. The development of these demographics will be an interactive process between the ENGINEER and CITY staff. Two meetings will be held with CITY during this task. The first meeting will be to review anticipated densities of development throughout the CITY, while the second will be to review the demographics developed by the ENGINEER. The ENGINEER will use the future land use data collected in Task 1.1 to determine future land uses in undeveloped areas within the existing CITY limits. Task 2.3—Ten-Year Land Use Assumptions. • Chapter 395 states that impact fees may only be used to pay for items included in the Impact Fee capital improvements plan and attributable to new service units projected over a period of time not to exceed ten (10) years. Based upon guidance from the CITY, the ENGINEER will develop the Ten-Year Land Use Assumptions for the 2006 — 2016 planning window. • The ENGINEER will conduct one.(1) meeting with the CITY to receive the projections for anticipated percentage of residential and non-residential land uses within each service area to be developed within the next ten years. Based upon the data collected in Task 2.1, the percentage of the projected build out can be utilized to assist in this task. Using the information collected during this meeting, the ENGINEER will complete the demographic table for each roadway service area. Task 2.4— Land Use Assumptions Report • The ENGINEER will prepare and submit a draft Land Use Assumptions Report that documents the methodology and results of the analysis. The report will include the following information: • Methodology; • Roadway Service Areas 'v7 v Roadway Impact Fee Policy Development 3 ' �' `�`'� '`�"; °i a • Existing population and employment data by service area; • Ten-Year (2006 —2016) population and employment data by service area; • Build-Out population and employment data by service area; and • Summary Exhibits. Deliverables The ENGINEER will develop an electronic(.pdf) copy of the draft Land Use Assumptions Report for CITY review. The final version of the land use assumptions will be incorporated into the Roadway Impact Fee report prepared as part of Task 3. Meetings The ENGINEER will prepare for and attend up to ten (10) meetings with the CITY during this task. Task 3— Roadway Impact Fee Analysis The ENGINEER will prepare the roadway impact fee analysis tasks listed below in conformance with Chapter 395 of the Local Government Code for each of the service areas identified in Task 1.3 for which a maximum assessable roadway impact fee will be calculated. Task 3.1 — Data Collection • The CITY will provide the ENGINEER with available recent traffic count data for existing thoroughfare facilities located within the service areas identified for analysis. Additional traffic counts (up to sixty (60) locations)within the CITY required for use in Task 3.2 will be collected by the ENGINEER. Task 3.2— 10-Year Growth Projections and Capacity Analysis • The ENGINEER will perform an analysis of existing conditions within each service area. This will include a determination of roadway capacities, volumes, vehicle-miles of supply and demand, existing excess capacity, and existing deficiencies. • Using the Ten-Year Land Use Assumptions identified in Task 2.3, the ENGINEER will project traffic conditions for the ten-year planning period, the target year for the impact fee growth projections. This will include growth in service units and new demand by service area. The ENGINEER will determine the capacity available for new growth within each service area. • In consultation with the CITY, the ENGINEER will determine land use categories to be included in the land use vehicle-mile equivalency table. • The ENGINEER will identify the service units for new development and the average trip length. Using the 7"' Edition of the Institute of Transportation Engineer's (ITE) Trip Generation Manual, the ENGINEER will develop updated trip generation and pass-by trip rates. IT" ^r i Roadway Impact Fee Policy Development 4 Task 3.3 — Roadway Impact Fee Capital Improvements Plan • The ENGINEER, in coordination with the CITY, will develop a Roadway Impact Fee Capital Improvements Plan, which will include planning-level project cost projections for each project to be included in the study. The Roadway Impact Fee Capital Improvements Plan will include existing oversized facilities and proposed facilities designed to serve future development. The Roadway Impact Fee Capital Improvements Plan shall include a general description of each project and a project cost projection. Planning-level cost projections for future projects will be prepared based on previous experience with Roadway construction costs, capital improvement planning, and input from CITY staff. It is anticipated these project costs will be reviewed by CITY staff and verified as reasonable costs for CITY capital projects. The CITY shall provide the ENGINEER with actual CITY cost information for previously completed projects with excess capacity, and cost contribution information for Developer, County, State, or Tollway projects. • The ENGINEER will identify the portion of project improvements required to serve existing demand and the portion of project improvements required to serve new development within the 10-year planning period. Task 3.4— Maximum Assessable Roadway Impact Fee Calculation. • Using the newly developed 10-year growth projections, roadway impact fee capital improvements plan, and capacity available for new growth, the ENGINEER will determine the cost of roadway improvements by service area, the maximum costs per service unit, and the resulting maximum assessable roadway impact fees by service area. The ENGINEER will incorporate the financial analysis performed in Task 4 to determine the maximum assessable impact fee per service unit. Task 3.5—Roadway Impact Fee Report. • The ENGINEER will prepare and submit a draft Roadway Impact Fee Report that documents the methodology and results of the analysis. The report will include the following information: • Methodology; • Roadway Service Areas; • Roadway Capital Improvements Plan; • Impact Fee Calculations; • Summary Exhibits; and • Summary Appendices. Deliverables The ENGINEER will develop an electronic(.pdf) copy of the draft Roadway Impact Fee report for CITY review. Upon final approval of the Roadway Impact Fee Ordinance, the ENGINEER will provide the CITY twenty (20) copies of the Roadway Impact Fee Report, which will include the Land Use Assumptions component (Task 2), Financial Analysis----- component (Task 4), and Rough Proportionality component (Task 5). Roadway Impact Fee Policy Development 5 Meetings The ENGINEER will prepare for and attend up to twenty (20) meetings with the CITY during this task. Task 4— Financial Analysis • Using the impact fee eligible capital improvement costs and projected service units, the financial subconsultant will calculate maximum assessable full-cost recovery impact fees for the designated ten-year period for roadway facilities. The financial subconsultant will provide forecasted cash flows for the maximum assessable impact fee for the ten-year period based on projected capital improvement program's implementation schedule (if available)and growth in projected service units. The ENGINEER will work in conjunction with the financial subconsultant to incorporate the Capital Improvements Plan identified in Task 3.3. Deliverables The results of the financial analysis will be incorporated into the Roadway Impact Fee report prepared as part of Task 3. Meetings The ENGINEER and financial subconsultant will prepare for and attend up to seven (7) meetings with the CITY during this task. Task 5—Rough Proportionality Policy Development Chapter 395 of the Local Government Code prohibits cities from assessing a roadway impact fee within its extraterritorial jurisdiction. The CITY may, however require dedication and construction of road improvements under its subdivision powers in the ETJ, and may charge fees equivalent to road impact fees through development agreements. The 2005 Legislature enacted HB 1835, now in effect, which mandates cities that require developers to dedicate land, pay fees, or pay construction costs as a condition of development approval to certify that such contributions are roughly proportionate share to the impacts of the proposed development. The apportionment of the municipal infrastructure costs are to be calculated by a professional engineer who is retained by the municipality. While the CITY may use impact fees to determine proportionality of development exactions inside city limits, it is necessary to establish a methodology for doing so in the ETJ. Task 5.1 —Rough Proportionality Areas Determination • The ENGINEER, in coordination with the CITY, will determine the specific areas of the City under which to determine a rough proportionality policy. It is anticipated the ENGINEER will develop a land-use vehicle mile equivalency table in four(4) areas of the City and ETJ (Northern ETJ,Western ETJ, Southern ETJ, and Central City). The land use table will provide the number of development units (i.e. dwelling units, square footage, etc.), trip rate (derived from the 7"' Edition of Roadway Impact Fee Policy Development 6 the Institute of Transportation Engineer's(ITE) Trip Generation Manuan, and local trip length (from NCTCOG motorist surveys). Task 5.2—Rough Proportionality Methodology Development • The ENGINEER will prepare a proportionality methodology to allow future development to compare the vehicle-miles of demand created by the new development versus the vehicle-miles of supply being exacted by the CITY for each of the areas identified in this task. When the vehicle-miles of demand exceed the vehicle-miles of supply provided by the new development, the exactions meet the rough proportionality requirements. Task 5.3—Rough Proportionality Documentation • The ENGINEER will prepare and submit a draft Rough Proportionality Report that documents the methodology and results of the analysis. The report will include the following information: • Methodology; • Proportionality Area exhibits; • Land-use vehicle mile equivalency tables; • Sample Calculations; and • Summary Appendices. Deliverables The ENGINEER will develop an electronic(.pdf) copy of the draft Rough Proportionality report for CITY review. The results of the Rough Proportionality Policy Development will be incorporated into the Roadway Impact Fee report prepared as part of Task 3. Meetings The ENGINEER will prepare for and attend up to ten (10) meetings with the CITY during this task. Task 6 - Development of Roadway Impact Fee, Proportionality Regulations and Administrative Guidelines The CITY already has in effect impact fee regulations for water and wastewater facilities and subdivision regulations governing development exactions for road improvements. The adoption of a roadway impact fee program requires amendment to the existing standards; particularly in regard to the CITY's obligation under Chapter 395 to meet its offset and credit requirements (the statute expressly requires that cities credit contributions of land, fees or improvements for off-site roads against roadway impact fees otherwise due). Because of the complexity of calculating such credits compared to credits for water and wastewater facilities, the CITY also may wish to prepare administrative guidelines addressing such matters. Because state law now requires cities to perform a proportionality analysis for development exactions, a procedure that allows use of impact fee methodology or road proportionality methodology to be used for this purpose should be developed. At the same time, the CITY may wish to provide a framework for entering Roadway Impact Fee Policy Development 7 - , into development agreements for land in the ETJ that incorporates the rough proportionality study outlined in Task 5. Task 6.1 —Development of Administrative Guidelines for Roadway Impact Fees • The ENGINEER shall assist the CITY in developing administrative guidelines for implementation of the roadway impact fee program, addressing computation of credits and offsets for pre-existing and future facilities costs required as a condition of development approval and methods for applying and trackings such credits and offsets for plats. Meetings The ENGINEER will prepare for and attend up to three (3) meetings with the CITY during this task. Task 7— Public Hearings and Approval Process Task 7.1 —Develop Public Information Program The ENGINEER will work in conjunction with the CITY to develop a public information program to communicate the proposed impact fee structure to both the general public and the development community. It is anticipated this program with consist of the development of up to two (2) different information pamphlets (8.5" x 11"folding style)for use by the CITY during and after various public meetings and for use in CITY publications. It is anticipated that the ENGINEER will coordinate with the CITY to include the information in the appropriate publication. All listing fees associated with placing ads in newspapers or similar publications will be paid directly by the CITY. Task 7.2—Approval Process It is anticipated that the Public Hearing and Approval Process will consist of a number of meetings as required by Chapter 395, along with additional meetings as required involving the CITY and interested stakeholders. This task provides for the ENGINEER and financial subconsultant to prepare for and attend the following meetings: • Prepare for and attend up to five (5) meetings with the Development Advisory Committee (or other similar committee established by the CITY) and/or interested stakeholders to discuss the implementation of the Roadway Impact Fee and Rough Proportionality Program. • Prepare for and attend up to (2) CIAC and/or City Council workshops to discuss the implementation of the Roadway Impact Fee and Proportionality Program. • Prepare for and attend one (1) Capital Improvement Advisory Committee (CIAC) Workshop to present fundamentals of Impact Fees, a summary of the Roadway Impact Fee methodology, and the respective CIP's and Maximum Assessable Impact Fees. • Prepare for and attend one (1) CIAC public hearing to present the respective CIP's and Maximum Assessable Impact Fees. • Prepare for and attend one (1) City Council workshop to present fundamentals of Impact Fees, a summary of the Roadway Impact Fee methodology, the 411 77 Roadway Impact Fee Policy Development 8 respective CiP's and Maximum Assessable Impact Fee, the Proportionality Study for the ETJ, roadway impact fee regulations, and associated development regulations. • The ENGINEER will provide assistance to the CITY in developing the Roadway Impact Fee and Rough Proportionality ordinance(s). • Prepare for and attend one (1) City Council public hearing to present the Land Use Assumptions, and the Final Roadway Impact Fee Report, including the Roadway Impact Fee CIP and Maximum Assessable Impact Fees, and the Proportionality Study for the ETJ. • Attend one (1) City Council meeting where it establishes the actual Roadway Impact Fees Regulations and adopts roadway impact fee regulations, administrative guidelines and associated development regulations. Deliverables The ENGINEER will submit ten (10) copies of the Draft Roadway Impact Fee Report for distribution to the CIAC and staff. The ENGINEER will submit ten (10) copies of the Draft Roadway Impact Fee Report for distribution to the City Council and staff. Upon final approval of the Roadway Impact Fee and Proportionality Ordinance by the City Council, the ENGINEER will provide one (1) electronic(pdf) copy and twenty (20) bound copies of the Final Roadway Impact Fee Report, including Land Use Assumptions, Roadway, and Financial Analysis components of the Impact Fee. Roadway Impact Fee Policy Development 9 ATTACHMENT "B" COMPENSATION ROADWAY IMPACT FEE POLICY DEVELOPMENT FORT WORTH, TEXAS I. PROFESSIONAL ENGINEERING SERVICES For all professional engineering services included in ATTACHMENT"A" (Scope of Services, Roadway Impact Fee Policy Development), the CITY agrees to pay the ENGINEER according to the following lump sum fee schedule: Task 1: Project Initiation $25,000 Task 2: Land Use Assumptions $95,000 Task 3: Roadway Analysis $295,000 Task 4: Financial Analysis $85,000 Task 5: Proportionality Policy $60,000 Task 6: Develop Administrative Guidelines $5,000 Task 7: Public Hearings and Approval $60,000 PROJECT TOTAL $625,000 If. BASIS FOR COMPENSATION The CITY shall compensate the ENGINEER for the professional engineering services included in ATTACHMENT "A" on a lump sum fee basis. The lump sum fee includes labor costs and direct expenses identified in this contract,as well as items such as in-house duplicating,printing, facsimile, local mileage, telephone, postage, and computer expenses. The ENGINEER shall be paid monthly based on statements submitted to the CITY for the work accomplished during the preceding month.. Monthly statements for lump sum services will be based upon a reasonable estimation of percent complete. I4I ATTACHMENT "C" AMENDMENTS TO STANDARD AGREEMENT ROADWAY IMPACT FEE POLICY DEVELOPMENT FORT WORTH,TEXAS The following subsections were eliminated from the City's standard agreement: From Article IV (Obligations of the Engineer); Subsurface Investigations, Preparation of Engineering Drawings, Engineer's Personnel at Construction Site, Construction Progress Payment, Record Drawings,Asbestos or Hazardous Substances, and Permitting Authorities— Design Changes were removed. From Article V (Obligations of the City);Asbestos or Hazardous Substances Release, Contractor Indemnificatiorrand Claims, Contractor Claims and Third-Party Beneficiaries, and City's Insurance were removed. rC Lr, c ATTACHMENT "D" SCHEDULE ROADWAY IMPACT FEE POLICY DEVELOPMENT FORT WORTH, TEXAS The ENGINEER will complete Tasks 1-6 in the scope of services outlined in ATTACHMENT"A" within six(6) months following receipt of Notice to Proceed from the CITY. Task 7 will be completed in approximately four(4) months in accordance with the requirements of Chapter 395 of the Texas Local Government Code. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/1/2005 WI14111)11\'1'111Q1Y AWY1\\\11-111,.Y)!,),Y,, ffli\l'I'.\\OQ., A\Ill'V 1 JIB-,. "".l',l�l,�,\«f//%= DATE: Tuesday, November 01, 2005 LOG NAME: 20IMPACT FEE REFERENCE NO.: **C-21114 SUBJECT: Authorize Execution with Contract to Kimley-Horn and Associates, Inc., for the Development of a Roadway Impact Fee Policy RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Kimley-Horn and Associates, Inc., in the amount of $660,000 for the development of a roadway impact fee assessment policy. DISCUSSION: The City Council directed the Transportation and Public Works Department to develop a policy of Impact Fee Assessment as the City's mechanism for funding regional transportation improvements necessitated by new development. Recent legislation and Texas Supreme Court decisions have limited the City's ability to require participation in transportation infrastructure improvements in relation to a development's impact on the transportation system. Additionally, the existing policy provides no mechanism to ensure connections between improved portions of the transportation network. A policy of roadway impact fee assessment will allow the City to calculate and collect funds for roadway capacity improvements in proportion to the traffic impacts of a new development, as required under State and Federal law. Further, a roadway impact fee policy will allow for the collection of fees from all new developments in the study area, regardless of their adjacency to or the existing condition of bordering arterials. Finally, such a policy will allow the City to schedule capacity improvements in order of priority and in continuous segments designed to be immediately operational. The Department proposes to enter into a Professional Services contract with Kimley Horn and Associates Inc., to develop the Roadway Impact Fee Assessment policy. M/WBE: Kimley Horn and Associates is in compliance with the City's M/WBE Ordinance by committing to 20% M/WBE participation. The City's goal on this project is 20%. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. Logname: 20IMPACT FEE Page 1 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers GG01 531200 0203001 $660.000.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: Katherine Mehl (7918) Logname: 20IMPACT FEE Page 2 of 2