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HomeMy WebLinkAboutContract 31916 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 Wilbur Smith Associates, (the "ENGINEER"), for a PROJECT generally described as the City of Fort Worth Mobility and Air Quality Plan - Phase II. Article I 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 E NGINEER w ill i ssue monthly i nvoices 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 ENGINEER shall have no liability to CITY for ENGINEERING CONTRACT(REV 4/14/05) Page 1 of 15 " = ..:iL) d�..e 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 furnishing 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. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible plastic film sheets, or a s otherwise a pproved b y C ITY, w hich s hall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. ENGINEERING CONTRACT(REV 4/14/05) Page 2 of 15 E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER o r its personnel i n a ny way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if -the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If, for any reason, the ENGINEER should make an on-site observation(s), on the basis of such on-site observations, if any, the ENGINEER shall endeavor to keep the CITY informed of any deviation from the Contract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no ENGINEERING CONTRACT(REV 4/14/05) Page 3 of 15 - ., control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that -the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others,and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority and Woman Business Enterprise (M/WBE) participation In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Engineer acknowledges the IVI/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. J. Right to Audit ENGINEERING CONTRACT(REV 4/14/05) Page 4 of 15 (1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of 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. K. 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 $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 ENGINEERING CONTRACT(REV 4114105) . r' f• ' 1 u r1�1' Page 5 of 15 T 1,� -r 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. (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. ENGINEERING CONTRACT(REV 4/14/05) Page 6 of 15 (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. Q) 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 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. The ENGINEER will be technically responsible for the work of any subconsultant that does not have professional liability insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. ENGINEERING CONTRACT(REV 4/14/05) Page 7 of 15 M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the ENGINEER will, if requested, assist the CITY in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting a uthorities' p ublished d esign c riteria a nd/or p ractice standards c riteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data The CITY will make available to the ENGINEER all technical data in the CITY's possession relating to the ENGINEER's services on the PROJECT. The ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. ENGINEERING CONTRACT(REV 4114105) , Page 8 of 15 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 mariner 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. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER w ill perform p art of t he work a t C ITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. ENGINEERING CONTRACT(REV 4/14/05) Page 9 of 15 G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article W.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. ENGINEERING CONTRACT(REV 4114105) Page 10 of 15 r J. 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 a ssist i n 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. K. 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 designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure 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. D. Termination (1) This AGREEMENT may be terrninated 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 ENGINEERING CONTRACT(REV 4/14/05) Page 11 of 15 _` 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 degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996). ENGINEERING CONTRACT(REV 4/14/05) Page 12 of 15 G. Assignment Neither party shall assign all or any part of this A GREEMENT 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. I. 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 CONTRACT(REV 4/14/05) Page 13 of 15 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 V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive termination of this AGREEMENT for any cause. 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 a nd a II 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. 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 Executed this the ,day of � , 2015 . (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) ENGINEERING CONTRACT(REV 4/14/05) Page 14 of 15 - ATTEST: CITY OF FORT WORTH f—v\ " By: MUUM 9AMAU5Z, Marty HendrixA, , ". � Assistant City Manager & City Secretary APPROVED AS TO FORM APPROVAL RECOMMENDED: AND LEGALITY Assistant City Attorney ATTEST: ENGINEER y L ;ontract Authorizatiox Date ENGINEERING CONTRACT(REV 4/14/05) - Page 15 of 15 v ATTACHMENT "A" SCOPE OF SERVICES MOBILITY AND AIR QUALITY PLAN — PHASE II FORT WORTH, TEXAS This document presents the scope of services between Wilbur Smith Associates (WSA) and the City of Fort Worth (City) for the Fort Worth Mobility and Air Quality Study (MAQ). This scope of services describes what work the WSA Team will perform for the City, identifies what issues will be addressed by the WSA Team, and what deliverables will be provided to the City. Study Area This project is intended to produce a coordinated set of individual yet complementary transportation plan elements covering the City of Fort Worth, The T service area (Fort Worth, Richland Hills and Blue Mound), and extending out into the adjacent areas in Tarrant, Johnson, eastern Parker, southwestern Denton and northwestern Dallas Counties. Phases of Work Phase 1 of the Mobility and Air Quality Study (MAQ), completed previously, documented the existing conditions in the study area and some of the issues that need to be addressed. The products of Phase 1 will be considered as inputs to the work in Phase 2. It is the purpose of Phase 2 of the MAQ to evaluate alternative transportation treatments that will create a coordinated system to address the transportation needs of the community, while evolving a transportation system that results in more effective use of resources and minimizes air quality impacts. The level of detail to be used is consistent with long-range transportation planning efforts, i.e. conceptual engineering and system-wide corridor analysis, not detailed project specific analysis. The end product is a list of prioritized capital projects that can be adopted into the long- range transportation plan. MAQ Plan - Phase II Work Area 1: Project Management Objective: To ensure a project that addresses known significant issues and is completed on time and within budget. Percent of Fee: 13% Tasks: 1.1 Project Management Plan. WSA will prepare a document consisting of the detailed scope of work, t he role of each consultant team member, schedule of project deliverables, and contact information of all involved agency representatives and advisory committee members as well as the members of the consultant team. The scope, schedule, pr ject-progress, Pe,1'..: and contacts will be updated each month and provided to the City project manager for distribution to the Steering Committee and other involved agencies and persons at the discretion of the City. 1.2 Quality Assurance/ Quality Control Plan. WSA has an established QA/QC program. WSA project managers and task leaders are trained each year on client management, public input and project delivery processes and procedures. 1.2.1 Contact Summary will be maintained by the WSA Team for the tracking of comments and issues by all contacted persons and all comments forwarded to the WSA Team. The S ummaryw ill keep track of each contact, paraphrase individual comments or issues, and comment on their incorporation into the project. WSA will provide the City project manager with an updated summary of contacts each month. 1.2.2 Task to Budget Summary will be used to establish percentage completion for the purposes of invoicing. Per discussions with the City, it is our understanding that this will be a lump sum project. Monthly invoices will detail efforts completed on each task and indicate percentage of total effort expended. Any scheduling issues will also be indicated. 1.3 Project Review Meetings with City Staff and Steering Committee. 1.3.1 Bi-Weekly Project Management Meetings will be held to facilitate dialogue between the WSA Team leaders and City project leaders. The WSA Team will prepare the agenda for discussion cooperatively with the City project manager and will facilitate these meetings. It is assumed that approximately half of these meetings will be telephone conference calls, and the other half will be in-person meetings. To the extent possible, these in-person meetings will be held in conjunction with other meetings. It is anticipated that subconsultants will participate only on an as-needed basis. 1.3.2 The Project Steering Committee (PSC), consisting of representatives from City departments, the City Planning Commission, The T, TOOT, NCTCOG and adjacent communities and counties, will function as a sounding board and for pre-approval to go public with draft study documents. It will be the City's responsibility to establish the membership of the PSC. The PSC representatives will also serve as the conduit for the exchange of information between the agencies and the WSA Team; it will be the responsibility of PSC members to keep their respective agency leadership apprised of ongoing developments in the project. The WSA Team will facilitate and present technical d ata at monthly Steering Committee meetings organized by City staff. 1.4 Study Progress Reports and Interim Documents. The WSA Team will provide the City project manager with various progress reports and interim documents to facilitate the tracking and understanding of consultant activities and the status of pending deliverables and potential issues. 1.4.1 Bi-Weekly Summary of Actions and Issues will be prepared by the WSA Team and emailed to the City project manager to keep the City staff continually informed and to allow for early indications of project issues or coordination needs. This information will be discussed at the bi-weekly project management meetings, as Page 2 described in Task 1.3.1. (We note that the RFP requested weekly summaries but we believe that bi-weekly summaries are sufficient) 1.4.2 Monthly Invoices, as indicated in Task 1.2.2, will be sent to the City that indicate percentage completion by task, monthly cost and overall cost. Invoices will be reviewed and signed by the WSA project manager to ensure accuracy. 1.4.3 Monthly Progress Report will accompany each monthly invoice to identify the work accomplished d uring t he m onth, a nticipated work t o b e c ompleted i n t he f ollowing month, needed coordination for continuing or upcoming work elements, and any issued to be resolved that may impede the timely or completion or effectiveness of the project. 1.4.4 Project Schedule of Work and Deliverables will be updated monthly using Microsoft Project scheduling software, showing the original schedule and actual completion of work areas and products. 1.4.5 Minutes of meetings with agency and private group representatives will be prepared by the WSA Team and forwarded to the City project manager electronically within 5 days of each meeting. Minutes will not be detailed but highlight discussion items, any decisions made, and follow-up action items. 1.4.6 Technical Memoranda will be prepared and assembled in a compendium of information to outline assumptions and findings that require interim discussion. A Technical Memorandum will not involve lengthy text, but will consist of tabulations, figures and bullet listings of information. The Technical Memoranda will be used as internal documents and will be distributed to the City staff and to the Steering Committee. Technical Memoranda will not be amended or revised, but comments on them will be incorporated into the final Study Reports. An electronic version of Technical Memoranda will be prepared by the WSA Team for distribution to involved city departments and Steering Committee by the City project manager. A summary of findings will be developed and posted on the web. The costs for developing the Technical Memoranda are included in the appropriate tasks. 1.5 Interim Presentations. In support of City staff, WSA Team will assist in preparing and presenting information to City coordinating committees, City Council, and The T Board and other agencies. Up to ten interim presentations involving WSA Team involvement are included in the fee proposal. It is assumed that no more than three special trips (i.e. for sole purpose of making a presentation) will be required by the Project Manager to make these presentations. The WSA Team will be responsible for establishing the Powerpoint template for the presentations, consistent with the look of the newsletter and website and other materials. It is assumed that the preparation of the content of the presentation will be a shared City/WSA Team responsibility. The costs for these presentations are reflected in the various work tasks. 1.6 Regional Coordination. The WSA Team will hold discussion meetings with the affected adjacent counties, including Tarrant, Denton, Wise, Parker, and Johnson, as well as municipalities therein on such issues as major thoroughfare plans and transit. In addition, coordination d iscussions w ill b e h eld w ith N CTCOG a nd TxDOT Fort Worth D istrict. No more than Five meetings related to regional coordination are assumed. Page 3 Deliverables: • Project Management Plan and QA/QC Plan • Meeting Minutes and Monthly Contact Reports • Bi-Weekly Memos of Actions and Issues • Monthly Updated Schedule • Monthly Progress Reports and Billings • Technical Memoranda (hours are included in relevant tasks) • Up to ten Interim Presentations (hours are included in relevant tasks) • Up to five Regional Coordination Meetings Work Area 2: Public Involvement Objective: The stated conclusion of the Phase I effort was that the City cannot continue to grow and provide transportation facilities as we have in the past. Any effort to change current development and travel and mode choice patterns will require extensive input from citizens, businesses and developers to develop consensus and buy-in of the resulting plan along the way. The study will have numerous target audiences, each requiring some type of interface. The WSA Team will facilitate City staff efforts to conduct public involvement for the project. The overall public involvement strategy involves: • focus groups of key stakeholders to use to gauge the overall pulse of the community on specific issues prior to engaging in a broader public outreach effort; • a stakeholder conference to engage local leaders in the overall process; • four rounds of public meetings in up to two locations per round to reach the general public; and • newsletters and a web page to distribute information. Percent of Fee: 19% Tasks: 2.1 Public Involvement Plan. Working cooperatively with City staff, the WSA Team will prepare a Public Involvement Plan (PIP) that describes a systematically programmed approach to public involvement and consensus building for the project. The Plan will detail the WSA Team's recommendations for identifying and targeting advisory committee members, focus group participants, key stakeholders, groups, organizations and individuals to include in the public process; our approach to engaging the public in the study process and the interface we will need from City staff to conduct a successful study. The Plan will further identify recommended meeting dates and discuss project communication materials and mediums to facilitate a successful involvement process. In order to prepare this scope of work and execute a contract, assumptions to the level of effort involved in the public involvement work area have been made. The PIP will use these assumptions as a basis, but expand on them to better define objectives, participants, consultant and City roles, etc. It is assumed that the City will play a major role in the public involvement effort. 2.2 Focus Group Meetings. In cooperation with City staff, the WSA Team will develop focus group discussion questions and guidelines tailored to the target audience, facilitate the Page 4 discussions and prepare a report on the results of each group discussion. City staff will identify the focus group members in consultation with local area leaders, reserve the meeting locations, and host the meetings. Four (4) focus group meetings of not more than 30 persons each are included in the fee proposal. It is assumed that the participants in the focus group meetings will speak and understand English. Should this not be the case, the WSA Team will look to the City to Provide a Spanish language translator. 2.3 Project Advisory Committee Input and Coordination. The Project Advisory Committee (PAC), consisting of representatives from the City Planning Commission, neighborhood civic leaders, business leaders, developer/real estate representatives, and other persons identified by the City staff, will function as a sounding board for ideas and concepts that address neighborhood and business needs and issues. The WSA Team will facilitate and present technical data at Advisory Committee meetings organized by City staff. The fee proposal assumes six PAC meetings. 2.4 Stakeholder Conference. The WSA Team will facilitate a Stakeholder Conference (anticipated to be a half-day workshop), targeting a diverse list of between 200-300 interested groups and individuals from throughout the study area. Invitations requiring an rsvp will be mailed/e-mailed to each individual by the City. The WSA Team will work with the City to develop the mailing list. It is assumed that the City will mail the invitations, monitor the rsvps, and arrange (and pay for) the meeting site. It is assumed that the participants will speak and understand English. Should this not be the case, the WSA Team will look to the City to provide a Spanish language translator. The WSA Team will prepare and print the agendas, meeting materials, and a meeting summary that the City will mail to all participants (the summary will also be included in the project newsletter and placed on the web site). The conference will be early in the process in an effort to establish guiding principles and policies. Benefits of the conference include the synergy that comes from group discussion as well as the increase in the number of stakeholders that are actively engaged in the process. 2.5 Public Meetings. The WSA Team will facilitate a series of public meetings that target the various corridors under consideration. The meetings will be scheduled, arranged, organized and hosted by City staff and local elected leaders. The WSA Team will prepare presentation graphics and other presentation and handout materials, and will present technical materials at the meetings as requested by the City. The WSA Team will also prepare public meeting summaries. It is assumed that the participants in the public meetings will speak and understand English. Should this not be the case, the WSA Team will look to the City to provide a Spanish language translator. A total of eight (8) public meetings are included in the fee proposal. 2.6 Newsletters/Summary Brochures. The WSA Team will prepare up to eight different communication materials — either newsletters, brochures, fact sheets, etc. related to the corridors under consideration. It is assumed that City staff will be responsible for the cost of producing and mailing the materials. These project-related materials will be designed to further inform and educate stakeholders and interested others about the project goals, objectives, schedules, milestones and other project related information. Copies will be posted on the project website and will remain on the website through the conclusion of the study. Page 5 2.7 Website. The WSA Team will prepare pdf versions of project materials for posting by the City on the City's website concerning the progress and results of the MAQ Study. The WSA Team will prepare materials for up to eight web site updates, which the City will implement. 2.7 Special Presentations. The WSA Team will assist City staff to present the project direction and progress, initial findings and recommendations to special interest groups for up to ten (10) different meetings. It is assumed that the Project Manager will not have to make any special trips to make them (i.e., the p resentation will be o n t he same day a s a Steering Committee meeting or another project function that the Project Manager is in Fort Worth for). Additionally, the WSA Team will meet with City staff, as necessary, to prepare for those meetings and review meeting minutes prepared by City staff. 2.8 Media Relations and Other Communications. The WSA Team will cooperate with the City and the T's public information officers and appropriate other staff persons by providing digital versions of materials produced during the project so that these agency staff may conduct other communications as deemed necessary to inform and solicit input from the full range of interest groups in the study area. As described in Task 2.1, the WSA Team will advise City staff regarding media releases to the appropriate local area daily newspapers, special interest publications (e.g., ethnic and language specific, environmental, transportation and others as appropriate), relevant broadcast news and cable public access channels, and appropriate follow-up to ensure the level of exposure the study will receive from these outlets. Deliverables: • Draft Public Involvement Plan for advancement with City staff • Facilitation of four focus group meetings • Six Project Advisory Committee meetings • Presentation, and handout materials for up to 8 public meetings and 1 Stakeholder Conference • Eight communication materials • Information for website updates by City staff • Assistance to City staff at up to ten (10) special interest presentations Work Area 3: Guiding Principles and Policies Objectives: We envision the study with four technical phases — purpose and need, definition of alternatives, alternatives analysis and selection of preferred alternative. Work Area 3 relates to the first step — purpose and need. Much of the work of this effort has been established with the initial Gap Analysis. Specifically, this work area involves developing MAQ Plan goals, objectives and policies to help define the vision for the future transportation system. This task will set the tone for the remainder of the MAQ program of transportation development. This work area will establish the purpose and need, goals and objectives, and general framework for alternative strategies. Percent of Fee: 6% Tasks: 3.1 Review Related Programs. The WSA Team will review the principles, policies, goals and objectives of existing long-range 'transportation plans and air quality initiatives of the City, The T, NCTCOG, TxDOT and other local agencies to allow the development of complementary and supporting elements of the MAQ. Page 6 3.2 Principles and Policies Workshop. The W SA Team will conduct a workshop with the Policy Committee of City Council and representatives of The T to review and develop concurrence on principles and policies. The workshop will be arranged and hosted by the City and will be held before the Stakeholder Conference. A staff-level principles and policies workshop will be held in advance of the higher-level workshop to review the materials to be presented and to initiate staff-level discussions and WSA Team understanding of the issues. It is assumed that each of these workshops will be held concurrent with another study function such that a special trip by the Project Manager is not required. 3.3 Guiding Principles and Policies. With input from the principles and policies workshop, the WSA Team will develop the purpose and need statement that reflects the guiding principles and policies and will identify and establish the project goals and objectives. The guiding principles and policies will include a summary of the Gap Analysis findings. A technical memorandum on guiding principles and policies will be prepared. Typical of all technical memoranda, review comments on this technical memorandum will be incorporated into the final documentation for the project. 3.4 Presentations and Public Review. The guiding principles and policies will be discussed at all focus group meetings, be a focus of the Stakeholder Conference and be presented at the initial round of public meetings. Up to two briefings (of the maximum of 10 that the WSA Team will assist with — see Task 1.5) to City Council, the T Board or other agencies are assumed. 3.5 Performance Measures and Evaluation Criteria. To assure that the principles and overarching policies are attained by the MAQ, a set of criteria will be developed to assist in evaluating the alternatives. The evaluation methodology and criteria will consist of several levels of screening to include an initial "fatal flaw" elimination process and a more detailed level of screening and refinement to establish the most feasible alternatives. The evaluation criteria could include evaluation categories for traffic modeling, traffic assignment, and mobility; capital, operating, and maintenance costs; benefit-cost and cost-effectiveness; transportation, and transportation engineering and design; socio-economics, environmental, safety, multi-modal, and hydraulic factors. Based on input from the Project Review Committee and the City the WSA Team will identify the key issues and prepare evaluation criteria and measures of effectiveness for alternative analyses. A technical memorandum (TM) on evaluation methodologies and criteria will be prepared and reviewed by the City; the TM will then be circulated among the Project Review Committee for their comment. Deliverables: • Principles and Policies Workshop • Presentation materials and handouts • Technical Memorandum (TM) #1: Guiding Principles and Policies • TM #2: Evaluation Methodologies and Performance Criteria Work Area 4: Development of Coordinated Transportation Alternatives Objective: Work Area 4 relates to the second technical phase of the study — definition of alternatives. We propose a two-step approach — first developing broad investmept-strategiez-that-- Page 7 can be qualitatively assessed as to the ability to address the guiding principles and policies, and then developing more specific alternatives. For example, the broad investment strategies may show the implications of continued trends versus more emphasis in a particular area or on a particular mode. On the highway side, it may be as simple as indicating how many lane miles of road are necessary to accommodate future demand in a highway investment emphasis. On the transit side, it may be the understanding that a 15% increase in ridership in specific corridors could significantly improve mobility and decrease the need for additional road capacity. In any case, this step is non-project specific and the intent is to identify either on a corridor or quadrant basis the overall strategy elements that could improve mobility and air quality. Once the understanding of the potential impact of various strategies is known, then more detailed alternative investment strategies identifying specific projects can be developed. It is assumed that no more than up to five broad investment strategies will be qualitatively assessed. The detailed alternatives will be shaped by the individual corridor analysis and it is anticipated that 1-2 detailed alternative schemes per corridor (assuming a total of 8 corridors) will be considered. Minor modifications in alternative schemes can be assessed to identify the 1-2 schemes per corridor to be evaluated in detail. It is assumed the City will take the lead in developing the GIS data, providing the WSA Team with the appropriate base mapping, aerial photography, layers of information, etc for analysis by the WSA Team. Percent of Fee: 20% Tasks: 4.1 Summarize Service Deficiencies and Needs. The WSA Team will document the service deficiencies and needs identified in MAQ Phase 1, plus any identified through this phase of the project. This determination will serve to identify key issues related to transportation service, environmental, social, physical, and economic conditions throughout the City. 4.2 Review Currently Proposed Projects. The WSA Team will review the current and proposed updates to the Metropolitan Transportation Plan and Transportation Improvement Plan for Fort Worth and the region. The WSA Team will review long range plans for development in Fort Worth with City staff. The WSA Team will review long range plans for the region with TxDOT and NCTCOG. 4.3 Assess Opportunities for Addressing Deficiencies and Needs. WSA will review existing travel demands and level-of-service, roadway conditions (corridors, street, utility, and railroad rights of way, etc.) and land use, as well as known constraints, control points and sensitive areas within the study area which might eliminate or otherwise influence alternative transportation options, as well as those known opportunities which might be conducive to the development of alternatives. The WSA Team will also review planned and/or proposed land uses along the transportation corridors being studied, identifying land uses which could be positively or negatively affected by the transportation improvements as these improvements are presently planned. 4.4 Identify Appropriate Transportation Alternatives. As previously noted, this analysis will be done in two-steps — first broad strategies and then specific projects. This project is intended to be a coordinated set of individual yet complementary transportation plan elements for the City of Fort Worth and The T service area. The WSA Team will evaluate alternative transportation treatments to creating a coordinated system to a sustainable Page 8 transportation system to meet the needs of the community. The focus of this element is on 2030 conditions. 4.4.1 Roadway Element —T he WSA T earn will review the City's roadway network and evaluate it using NCTCOG's regional travel demand model. NCTCOG's model will be used as a baseline scenario, with further review and refinement of the model to ensure consistency of NCTCOG's socioeconomic assumptions with the City of Fort Worth's future land use plan. It is our understanding that NCTCOG will run the complete model and provide WSA with the output tables and other necessary files in order to develop assignments reflecting alternative roadway network schemes. As outlined below, no more than two alternative land use scenarios will be modeled. Others may be assessed qualitatively, but only two will be modeled. 4.4.1.1 The WSA Team will review and refine the model network and TAZ structure in consultation with the City and NCTCOG. The network may be extended further west to include a portion of Parker County to fully incorporate the City of Fort Worth ETJ and to reflect the importance of east-west movements in Parker County. 4.4.1.2 The regionally approved demographic data set will be used for the official analysis. However, a revised demographic data set will be developed by the WSA Team used to provide insight into specific concerns regarding demographics, employment and economic development. No more than two land use alternatives will be run through the detailed NCTCOG model. The WSA Team will review the existing and projected planning variables by TAZ and identify warranted adjustments based upon known developments and other factors. 4.4.1.3 The WSA Team will then review previous travel demand estimates by NCTCOG. Attention will be given to the availability of estimates based on a reasonable build-out of existing roadway facilities, commuter and freight rail facilities, and transit services. The purpose of this task is the systematic development of travel demand estimates for the corridor alternatives evaluation. Model travel networks will be developed for each of the preliminary and viable alternatives and a traffic assignment will be applied to each. In developing the scope and fee proposal, it is assumed that no more than eight assignments will be produced in the context of developing roadway scenario options. 4.4.1.4 Better utilization of the provided roadway network through incident management and improvement of bottlenecks needs will be reviewed, and recommendations for strategies will be developed by the WSA Team. 4.4.1.5 Demand management to deflect some of the peak load that causes congestion by encouraging adjusted work hours and telecommuting will be reviewed, and recommendations for strategies will be developed by the WSA Team, 4.4.1.6 Traveler information systems will be reviewed for their potential to promote a more efficient use of the transportation infrastructure, and recommendations for strategies will be developed by the WSA Team. Page 9 4.4.2 Transit Element — The WSA Team will conduct the following work tasks to address the Transit Element of the MAQ Study. 4.4.2.1 The WSA Team will review and assist the City to identify individual corridors within Ft. Worth that warrant closer examination to determine appropriate transit-oriented travel strategies to reduce congestion and improve air quality. 4.4.2.2 O nce the corridors for further study have been identified, the WSA Team will examine potential transit strategies that can be coupled with roadway improvements or function independently in each corridor. The most appropriate type of technology will be initially identified based upon broad indexes related to the travel demand in the corridor. 4.4.2.3 The WSA Team will apply generalized cost estimates to each corridor's recommended technology to develop "ballpark" estimates of the potential construction costs. These costs can be compared with other potential transit and roadway solutions to determine if further study is likely to be productive and eligible for federal funding. Corridors will be prioritized for the transit improvements. 4.4.2.4 Integrated elements of the transit network will also be considered, including HOV, ca rpool/va n pool, guaranteed rides home and other supporting programs, such as paratransit, as part of the entire service. 4.4.2.5 T he WSA Team will coordinate the efforts of the MAQ with the "T's" Strategic Plan. The MAQ study is a more broad-based approach and will not recommend individual route improvements for the T. 4.4.2.6 Transit Sketch Planning - WSA has developed a TransCAD-based utility referred to as the Transit Sketch Planning Tool that will be used as part of the analysis for this study. The major focus of this tool is generally for journey-to- work trips, rather than on other trip purposes. The Sketch Planning Tool is a compilation of TransCAD GISDK scripts organized in a user-interface. While this utility is proposed for use on this project, it is a proprietary WSA analytical tool, and, therefore, cannot be made available to the MPO upon completion of t he study. I t would b e u sed i n conjunction w ith the existing NCTCOG travel demand model. For this study, the Transit Sketch Planning Tool will be used to identify areas where there is a potential for transit service, but for which current service does not exist. The Tool can also be used to identify areas underserved by transit for which service improvements are needed. The Transit Sketch Planning Tool will be used to evaluate areas in which transit service may be supported. These areas will be evaluated with respect to the location of environmental justice communities, activity centers, congested corridors, trip distribution patterns, and employment and population density, as well as other important travel characteristics of the region. 4.4.3 Land Use Element - Land use and transportation linkages can provide not only air quality benefits but also infrastructure financing efficiencies and tax base opportunities. Through its annual comprehensive planning process and other planning initiatives, the City has developed detailed land use plans for its future. Page 10 Those strategies include the City's Urban Village program, as well as particular strategies for key growth corridors. The WSA Team will analyze those strategies in the context of growth trends in order to determine a credible assumed growth scenario for purposes of modeling and assessing the viable transportation alternatives. In the context of these goals, the following activities will be undertaken by the WSA Team: 4.4.3.1 Assess overall City land use plans and policies 4.4.3.2 Assess growth corridors and sectors to identify land use—transportation linkage target areas. 4.4.3.3 Assess current planning in context of growth trends for linkage targets. 4.4.3.4 Recommend general modifications of land use plans and policies to better achieve land use-transportation linkages. 4.4.3.5 Integrate land use linkage opportunities with Work Area 5 (Analysis of Alternatives) and Work Area 6 (Financial Plan) 4.4.3.6 Reassess land use policy recommendations after evaluation of transportation alternatives from modeling. 4.4.4 Freight Element - Phase I of the MAQ Plan did not specifically address the needs for improvements to rail and truck freight movements in the study area, though congestion on area roadways is equally detrimental for trucks unless time of day travel can be pre-defined. The WSA Team will review the issues of goods movement in the study area and recommend potential alternative strategies for reduction of freight movement delays due to other freight movements and general traffic and develop alternative strategies for improvement of overall traffic flow in the region. It is noted that this element does not include a major effort and will involve a general overview of possible improvement strategies. 4.4.5 Aviation Element - Aviation groundside transportation was addressed during Phase 1 of the MAQ in terms of employment at three airports: Spinks general aviation reliever airport, Meacham Field and Alliance airport area. Each has current bus transit stations "nearby" and potential rail transit service under evaluation. The WSA Team will develop airport groundside improvement alternatives such as improved transit service options, enhanced parking, access and circulation at the airport, and other potential air quality improvements on-site such as alternative fuels vehicles. It is noted that this element does not include a major effort and will involve a general overview of possible improvement strategies. 4.4.6 Non-Motorized Element – The WSA Team will collaborate with City of Fort Worth's Bicycle and Pedestrian Coordinator to examine current and potential non-motorized transportation and recreation network concepts and strategies. It is assumed that the City will lead this effort and provide input to the WSA Team for incorporation into the overall plan alternatives. It is noted that this element does not include a major effort and will involve a general overview of possible improvement strategies. 4.5 Land Use-Transportation Policies. The WSA Team believes that the appropriate marriage of land use policy and transportation will not be implemented successfully unless a critical evaluation of all factors is undertaken. This evaluation will provide the means for the WSA Page 11 Tam to provide a roadmap for implementing the effective I inkage of I and use policy and transportation after Phase 11 is complete. The critical factors to be analyzed by the WSA Team include internal planning and departmental coordination, providing the appropriate regulatory framework in terms of the land development code, effective coordination of growth policies with surrounding jurisdictions and the meshing of incentive policies with the core goals of encouraging the type of growth that better leverages efficient investment in transportation such as the location of urban village development at critical transportation nodes. This task overlaps with Task 7.3-Organizational Issues. It is noted that this analysis will not lead to a detailed implementation plan, but will identify the critical issues of an overall framework that m ust b e established. Detailed implementation is part of Phase I I of t his process. 4.6 Initial Screening of Alternatives. The initial evaluation methodology and criteria developed in Task 3.5 will be utilized in conducting an initial "fatal flaw" elimination process to establish the preliminary alternatives. This screening exercise will be conducted jointly by the WSA Team and City staff. 4.7 Documentation of Alternatives. A Technical Memorandum will be prepared listing the characteristics, attributes and constraints and the pros and cons of each improvement alternative. An electronic version will be provided to the City for distribution of the document. A summary of findings will be placed on the project website. 4.8 Presentations. In addition to the presentation of findings to -the Project Steering Committee and Project Advisory Committee, and at public meetings, the WSA Team will assist with up to three briefings (of the maximum of 10 that the WSA Team will assist with — see Task 1.5) to City Council, the T Board or other agencies. Deliverables: • Broad alternative strategies and final detailed corridor strategies • TM #3 on the Development of Initial Alternatives Work Area 5: Analysis of Transportation Alternatives and Programs Objective: Some evaluation will have occurred in the development of the alternatives. This work area deals with the detailed evaluation of the corridor schemes both individually and as a whole system. Percent of Fee: 19% Tasks: 5.1 Refine Evaluation Methodology. The evaluation methodology developed in Task 3.5 and applied for initial screenings in Work Area 4 will be reevaluated by the WSA Team and the City for evaluation of the final set of alternatives. The setting of performance standards, evaluation criteria, and scoring methodologies needs to be as objective as possible and allow comparison of "apples and oranges" in a manner to assess the comparative impact and significance of the individual and collective impacts of the alternatives. These can be done by corridor or catchment area, but eventually, the relative impact and scoring of each preferred corridor alternative will need to be compared for prioritization within a-constrained budget. Page 12 5.2 Refine Alternatives. After the initial screening of alternatives, the need for various modal and intermodal modifications and combinations may become apparent. Further definition of some of the alternatives may be needed to conduct comparable assessments using the refined evaluation methodology. A briefing will be prepared by the WSA Team on the refinements of the alternatives to make sure that all interested parties feel comfortable with the positioning of each potential transportation improvement. 5.3 Modeling. The WSA Team will perform, or coordinate the performance of, various simulations of the impact of alternative approaches to transportation improvement strategies. 5.3.1 Traffic Operations Modeling — The WSA Team will assess the impact of the roadway alternatives in terms of vehicle miles of travel, delay, and corridor level of service at a macro-level scale using the regional transportation model. 5.3.2 Transit Sketch Planning — As indicated in Task 4.4.2.6 WSA's Transit Sketch Planning tool will be used to develop transit alternatives and also to identify the impact on ridership. 5.3.3 Economic Sketch Modeling — The WSA Team will forecast the community's future growth under different development scenarios while simultaneously estimating the public cost of each scenario. This is a spreadsheet-based sketch economic planning approach that has been used by WSA on other projects to examine the financial impacts of freight and highway development projects and their impact on public finances. The model will categorize all associated community service costs and revenue sources. Historical and current data for each category identified — associated service costs and revenue streams (property taxes and rates, and other fees) — will be collected and provided to the consultant by City staff. The WSA Team will conduct key departmental staff interviews to identify the availability of information necessary to conduct the impact assessment. A cost/revenue fiscal impact model will be designed for the proposed corridor improvements. As transportation alternatives are defined, the WSA Team will examine the fiscal impacts to the tax base of the City of Fort Worth that could result from alternative land uses that accompany each of the transportation changes under consideration, examining type of land use, taxable values, potential taxable value changes, a nd public sector service costs which accompany each alternative. Itis assumed that five sketch model runs for alternatives can be completed, as well as five base case runs for comparison purposes. 5.4 Assess Air Quality Impacts of Alternatives. NCTCOG currently conducts an air quality assessment of the study area as part of its regional air quality conformance review. The City will arrange for NCTCOG to run an analysis of the final set of alternative improvements using its regionally calibrated Mobil6 program, and to produce various tables and charts to represent the resultant data. The WSA Team will provide NCTCOG with the parameters needed to be able to conduct the air quality impacts of the alternatives, and will interpret and document the air quality analysis. To provide air quality impacts of the various alternatives for evaluation within each corridor, the WSA Team will prepare sketch level estimates of variables related to air quality, Page 13 including travel time delay, to allow inclusion of air quality as an evaluation criteria for each alternative. 5.5 Evaluate Alternatives. Using the refined evaluation methodology from Task 5.1, the WSA Team will evaluate the proposed transportation improvement strategies and alternatives for the attainment of the principles and policies for the Fort Worth Mobility and Air Quality Plan. 5.6 Findings. The WSA Team will provide a set of recommended transportation action items for advancement to funding and implementation. The WSA Team will provide text and tabular descriptions of justification for selection of preferred alternatives. 5.7 Documentation of Alternatives, Evaluation and Findings. The WSA Team will prepare a Technical Memorandum on the evaluations of the alternatives. 5.8 Presentations. In addition to the presentation of findings to the Project Steering Committee and Project Advisory Committee, and at public meetings, the WSA Team will assist with up to three briefings (of the maximum of 10 that the WSA Team will assist with — see Task 1.5) to City Council, the T Board or other agencies. Deliverables: • Technical Brief on the Refinement of Alternatives • TM #4 on Evaluation of Alternatives and Findings Work Area 6: Financial Strategies Objective: It is important to incorporate financial strategies right from the start to have alternatives that consider different funding sources and strategies. Percent of Fee: 13% Tasks: 6.1 Cost Estimates. The WSA Team will prepare order of magnitude costs estimates of the program of transportation improvements that are identified as the desired mobility plan for the future of the Fort Worth study area. The costs, both developmental and life cycle, of the preferred alternatives for each corridor or area will be developed using available cost averages from similar projects. In the case of revenue passenger service and toll facilities, the life cycle revenues will also be estimated. The cost information will incorporate data provided by TxDOT and other agencies on previously identified projects. As appropriate, facility costs may be separated into anticipated stages of development. 6.2 Benefits Estimates. 6.2.1 Travel Time Savings - Using output from the regional transportation demand model, the WSA Team will derive the net travel impacts of the preferred alternatives in terms of the economic value of travel time savings. The WSA Team will tabulate the net benefits of the proposed transportation system improvements compared to a base network. 6.2.2 Air Quality Improvements - Using the output from the sketch level air quality analysis, the WSA Team will compile the net air quality benefits of the improvements. The WSA Team will tabulate the net benefits of the proposed transportation system improvements compared to a base network. Page 14 6.2.3 Economic Analysis. The economic development analysis measures how effectively the economy utilizes fuel cost savings, time savings, and other travel efficiency benefits to create new jobs, increase economic output and raise living standards. Specifically, an improved road system reduces transportation costs, which leads to lower prices and/or increased profits for the local community. This in turn can lead to increased production (expansion by existing firms and/or attraction of new firms), which generates additional economic impact value. The procedure for doing so, as outlined below, is based on foundations developed by WSA over the past 20 years. 1. Evaluate Changes in Access and Cost: Using the combined data from the transportation modeling exercises and local land use and spatial data, the change in operating costs by industry resulting from the proposed improvement will be calculated. In addition, the change in access to terminals and economic activity centers, relative size and access to labor pool, market and customer markets by industry and changes in non-monetary benefits. This will provide estimates of cost shifts, access shifts and other benefits. 2. Model Cost and Access Response Impacts — Through this process, economic development impact estimates will be developed for each jurisdiction that measure how the proposed expansion will impact the region, the state and the entire nation. The inputs for this stage will include changes in operating cost by industry and changes in the size of labor, material and customer markets by industry. The output will include the growth in existing industry sales, jobs and payroll by industry and growth of new industry sales, employment and payroll by industry. 3. Estimate Indirect, Induced and Dynamic Impacts — Using a customized model, the economic development impacts of improving the corridor will be compared to the economic costs using a BIC ratio measure. The result will be an estimation of benefits in terms of transportation efficiency, economic development and social benefits for the study area. 6.3 Review Historic and Forecast Revenues. The WSA Team will analyze the historic revenue streams utilized for transportation improvements in the Fort Worth study area. Discussions will be held with City staff and representatives regarding the forecast revenues of the city and targeted levels for transportation investments from these existing revenue sources. The revenue forecasts will be prepared on an annual basis through the study horizon year and assembled into five-year increments. Consideration will be given to the extent to which particular types of revenues are mode-neutral or are specific to particular transportation modes. The projected revenues from existing sources will provide the baseline against which the projected transportation system improvement costs will be compared. As such, these projections will assist in defining the extent of the funding shortfall. In addition, they will provide a basis for alternate approaches to strategic financial planning: a revenue-constrained approach, whereby the proposed program of recommended projects would be phased to reflect revenues projected to be available; and a cost-driven approach, whereby the prioritized program of recommended projects drives the identification and timing for securing supplemental revenues. Page 15 6.4 Review of Future Funding Sources and Strategies. The WSA Team will work with City staff and representatives to identify, screen, and forecast revenues From potential additional sources of federal, state, regional, county and local funding that could be used for funding transportation improvements recommended in the MAQ Study. Potentially available but previously un-utilized sources of funds will be identified, as appropriate, including sources previously considered by the City, MPO, The T, and other study representatives. Of particular interest will be identification of potential revenue sources that relate directly to the purpose and needs to be accomplished in the study area, including concerns related to safety and security, congestion relief, air quality and environmental enhancement, land use and development, access to community and health services, and other needs to be defined. Consideration will also be given to revenues that could potentially be derived from value capture and joint development opportunities associated with specific proposed modal improvements and projects, based on estimates developed in Task 6.2. Potential tolls and passenger fares will also be estimated, as required to support particular transportation improvement recommendations. New formulas for allocation of the Surface Transportation Program funds will need to be considered. Such a proposition will need strong leadership from The T to step forward and carry the message throughout the alternatives development and evaluation process. In conjunction with the City and the Steering Committee, the WSA Team will define a reduced set of more promising potential revenue sources that could be targeted to supplement existing funding sources. Based on comparison with the potential cost and relative priorities of the proposed transportation improvements, the WSA Team will define alternate revenue targets to be achieved over the short, intermediate, and longer-term. In proposing these targets, consideration will be given to the level of funding that would be required to complete the proposed improvements under a gradual, moderate, and accelerated rate of implementation. Working with the City and the Steering Committee, the WSA Team will then propose alternative financial strategies whereby particular revenue sources could be targeted over time. The WSA Team will estimate the federal, state, regional, county a nd local revenue streams that could be u sed for funding transportation improvements recommended in the MAQ Study. Potentially available but previously un- utilized sources of funds will also be identified, as appropriate. New formulas for allocation of the Surface Transportation Program funds will need to be considered. Such a proposition will need strong leadership from The T to step forward and carry the message throughout the alternatives development and evaluation process. A technical memorandum will be prepared documenting the results of Tasks 6.3 and 6.4. 6.5 Strategic Finance Recommendations. Phase 3 of the MAQ will develop a specific plan for implementation of the recommended improvements. In this task the WSA Team will outline the strategic finance possibilities for further consideration. 6.6 Documentation of Financial Strategies. The WSA Team will prepare a Technical Memorandum on the potential funding strategies and summarized for distribution to both the involved technical and non-technical groups. 6.7 Presentations. The WSA Team will present the findings of the development and initial screening of alternatives to City staff and to the Project Steering Committee, Project Advisory Committee, and at public meetings. Deliverables: Page 16 • TM #5: Historic and Forecast Revenues/Alternative Economic Development Scenarios • TM #6 on Funding Strategies and Recommendations Work Area 7: Strategic Implementation Plan Objective: Once the long-term vision has been established an interim model run (2015) will be used to identify which projects should receive priority in terms of advancing to the next phase of planning and implementation. By reviewing base year conditions and 2015 conditions with and without proposed improvements, the plan's most needed projects improvements will become apparent. Of course, financing will be considered when developing the plan's priorities. . Various public policies or legal constructs will also be identified as necessary for implementation of certain projects, such as some of the currently envisioned regional commuter rail projects. Percent of Fee: 5% Tasks: 7.1 Prioritization of Projects and Programs. The WSA Team will prepare a priority listing of recommended projects and programs, incorporating model results and financing strategies as well as feedback received throughout the study regarding the relative importance of specific potential transportation improvements. 7.2 Project Timing Scenarios. Specific -financial plans will be developed in Phase 3. However, to provide an initial working framework for that effort, the WSA Team will prepare an initial programming schedule of major improvements. 7.3 Organizational Responsibilities. The WSA Team will identify the agencies responsible for advancing the various recommended transportation improvements and will noted where there are multiple jurisdictions responsible for various aspects of the project. Also, where additional agency jurisdiction or capabilities are needed, such as transit service outside of existing service areas, these will also be noted. 7.4 Documentation of Strategic Implementation. The WSA Team will prepare a Technical Memorandum on implementation strategies and summarized it for distribution to both the involved technical and non-technical groups. 7.5 Presentations. The WSA Team will present the findings of the development and initial screening of alternatives to City staff, the Fort Worth T Board, and to the Project Steering Committee, Project Advisory Committee, and at public meetings. Deliverables: • TM #7 on Strategic Implementation Work Area 8: Draft and Final Plan Objective: Document the products of the project so that the information can be used in advancing the proposed transportation plan to implementation. Percent of Fee: 5% Tasks: 8.1 Draft Report of Mobility and Air Quality Plan. The WSA Team will combine the essential elements of the seven technical memoranda into one coherent document. The document Page 17 will include table of contents and appendices. The WSA Team will provide 25 copies of the draft plan, along with a .pdf version for placement on the project website. 8.2 Presentations. The WSA T earn will present the f indings of the d evelopment and initial screening of alternatives to City staff, the Fort Worth T Board, and to the Project Steering Committee, Project Advisory Committee, and at public meetings. 8.3 Final Report of Mobility and Air Quality Plan. The WSA Team will incorporate review comments received from the Steering Committee, Advisory Committee, other agencies and the general public into a final documentation of the project. The WSA Team will provide the City with 25 copies and digital files of all text and graphics in both original Word, Excel and other formats and in .pdf format. The WSA Team will provide the City with 100 copies of a stand-alone Executive Summary as well as a .pdf version so that the City can make additional copies. Deliverables: • Draft Mobility and Air Quality Plan Report and digital files • Final Mobility and Air Quality Plan Report and digital files • Executive Summary and digital files Schedule We envision this project producing various documentation throughout its 18-month process, with purpose and need completed within the first four months, alternatives developed within the first eight months, alternatives evaluated by the end of the 12th month, draft report of findings and recommendations provided by the end of the 16`h month, and final report documentation ending two months later Page 18 i ATTACHMENT "B" COMPENSATION MOBILITY AND AIR QUALITY PLAN — PHASE II FORT WORTH, TEXAS I. PROFESSIONAL ENGINEERING SERVICES For all professional engineering services included in ATTACHMENT"A" (Scope of Services, Mobility and Air Quality Plan — Phase II), the CITY agrees to pay the ENGINEER a lump sum fee of$670,000. II. BASIS FOR COMPENSATION The CITY shall compensate the ENGINEER for the professional engineering services included in ATTACHMENT"A" on a fixed fee basis. The fixed fee includes labor costs and direct expenses identified in this contract, as well as items such as in-house duplicating, blueprinting, 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. ATTACHMENT "C" AMENDMENTS TO STANDARD AGREEMENT MOBILITY AND AIR QUALITY PLAN — PHASE II FORT WORTH, TEXAS I�Jo modifications to the Standard Agreement were necessary for this project. ATTACHMENT "D" SCHEDULE MOBILITY AND AIR QUALITY PLAN — PHASE II FORT WORTH, TEXAS The ENGINEER will endeavor to meet the CITY's scheduling needs on this project. The ENGINEER will complete the defined Tasks 1-8, in the Scope of Services in eighteen (18) months. Pagel of 3 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/17/2005 - Ord. #16436-05-2005 & 16437-05-2005 DATE: Tuesday, May 17, 2005 LOG NAME: 20MAQPLANPHII REFERENCE NO.: **C-20733 SUBJECT: Authorize Execution of an Interlocal Agreement with the Fort Worth Transportation Authority, Adopt Appropriation Ordinances and Authorize Execution of a Contract with Wilbur Smith Associates to Conduct Phase II of the Mobility and Air Quality Plan for the City of Fort Worth RECOMMENDATION: It is recommended that the City Council: 1.) Authorize the City Manager to execute an Interlocal Agreement with the Fort Worth Transportation Authority to accept $65,000 for the joint funding of Phase II of the Mobility and Air Quality Plan for the City of Fort Worth; 2.) Adopt the appropriation ordinance increasing estimated receipts and appropriations in the Critical Capital Projects Fund in the amount of $65,000 for funds received from the Fort Worth Transportation Authority for participation in the Phase II Mobility and Air Quality Plan for the City of Fort Worth; 3.) Authorize the City Manager to transfer funds in the amount of$1,350,006 from the Meacham Runway 16/34 Improvement project from the Airport Capital Improvement Fund to the Street Improvements Unspecified Project in the Critical Capital Projects Fund; 4) Adopt the appropriation ordinance increasing estimated receipts and appropriations in the amount of $1,350,006 from increased revenue in the Critical Capital Project Funding; and 5.) Authorize the City Manager to execute a contract with Wilbur Smith Associates for Phase II of the Mobility and Air Quality Plan for the City of Fort Worth in the amount of$670,000. DISCUSSION: The City Council of Fort Worth has established the improvement of Mobility and Air Quality as one of the City's strategic goals. To accomplish this goal, the City and the Fort Worth Transportation Authority are developing a Mobility and Air Quality Plan (MAQ) that seeks to integrate transportation systems, improve air quality and increase economic growth for Fort Worth and the region. The Fort Worth Transportation Authority has agreed to enter into an Interlocal Agreement with the City to assist in funding Phase II of the Mobility and Air Quality Plan. The funding provided by the Fort Worth Transportation Authority is $65,000.00. The MAQ Plan is being conducted in three phases. Phase I of the Plan, Transportation Gap Analysis Study, was competed in June 2004. The study findings concluded that the population within the study area will increase by 94% to 2.9 million people by 2030, most of which will locate outside of Loop 820 in single family residential developments. An estimated 895,000 jobs will be http://www.cfwnet.org/council_packet/Reports/mc_print.asp 3/24/2006 Page 2 of 3 added in the study area and 71% of the population will live outside the current Fort Worth Transportation Authority service area. The study conclusions indicate that even with all the planned roadway improvements identified in the region's Mobility 2025 Plan, 40% of the freeways and 42% of the local arterial roadways will be severely congested by 2030. Developing a planned and programmed strategy to address congestion and other mobility issues is needed to ensure the effective and efficient movement of people and goods. Simply providing additional roadway capacity will not meet the City and the region's transportation needs and air quality goals. More transportation options are needed. Phase II of the MAQ Plan will identify, analyze, and recommend transportation alternatives, and programs for improving mobility and air quality for the City of Fort Worth and the region. The overall work program will include the following tasks: Development of a project management plan; Development of a public involvement plan; Development of MAQ Plan guiding principles and policies; Development and Analysis of Transportation Alternatives and Programs; Recommendations for preferred alternatives and programs; and Development of estimated costs and prioritization of projects. Phase III of the Plan will follow and will include: Strategic implementation plan, including funding strategies and recommendations. The final product will be a comprehensive transportation system plan for the City of Fort Worth that provides transportation choices for residents, employees, visitors and firms doing business in Fort Worth. Following a request for proposals and interview process, Wilbur Smith Associates was selected for the Phase II study because of its professional qualifications and its work involving transportation alternatives analysis, land use and economic impact analysis. Wilbur Smith Associates is in compliance with the City's M/WBE Ordinance by committing to 18% M/WBE participation. The City's goal on this project is 18%. In December 2000, Council approved the sale of approximately $45 million in Certificate of Obligations (CO's) for several unfunded and/or underfunded projects. Funding in the amount of $2,780,000.00 was included as 10% match to leverage Federal Aviation Administration funding to reconstruct Meacham Runway 16/34 however, the FAA has determined that the scope of the runway improvements is significantly less and city participation will only require $1,429,994.00. This material project change results in unused funds of$1,350,006.00. Generally, when a CO sale occurs, several specific or general capital projects are referenced in the Notice of Intent to Issue. Project costs are estimates and as a result, if there are any unused funds from a project, the Attorney General's Office allows for funds from one project to be applied to any of the other projects referenced in that particular sale. Eligible projects from this sale included street and park projects throughout the City of Fort Worth. Previously, these funds have been appropriated in the Meacham Runway 16/34 Project in the Aviation Improvements Fund; therefore, staff recommends Council authorize the transfer of these funds to the Street Improvements Fund to be utilized for unfunded and underfunded street improvement projects in the total amount of$1,350,006.00 as follows: - $ 625,000 for Phase II of the Mobility and Air Quality Plan; - $ 250,000 for road repairs on the Eastside of Spinks Airport; - $ 475,006 to supplement Final Payment in the amount of$ 1,177,902.63 to TxDOT for Camp Bowie Blvd./7th St./University Drive/Bailey Avenue intersection improvements. City staff will bring forward a M&C to City Council authorizing the final payment in the next month. In addition to the contract amount, $20,000.00 will also be required for printing maps, report production and postage for public involvement. http://www.cfwnet.org/councit_packet/Reports/me_print.asp 3/24/2006 Page 3 of 3 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the appropriations ordinances, funds will be available in the current capital budget, as appropriated, of the Critical Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C116 451454 020116021901 X61 000.00 31 C24 538070 055240438510 $1,350,006.00 C116 472024 020116021901 $1,350,006.3-1 00 C116 531200 020116021226 $670,000.00 C116 541200 0201.16021901 65 000.00 C116 541200 020116021901 1 350 006.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: Christa Sharpe (8009) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 3/24/2006