HomeMy WebLinkAboutContract 48543 a `' g7 $ 9,O
CITY SE`i1rC IAR r
CONTRACT NO, y
PROFESSIONAL SERVICES AGREEMENT
Kimley Horn and Associates,Ina
t1 �ROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into
`� ygat d%etween the CITY OF FORT WORTH (the"City"), a Texas home rule municipal corporation,
acting by and through Jesus J. Chapa,its duly authorized Assistant City Manager,and Kimley-Horn and
Associates, Inc. ("Consultant" and "ALC"), a North Carolina Corporation, and acting by and through
Scott R. Arnold, its duly authorized Assistant Secretary, each individually referred to as a "party" and
collectively referred to as the "parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Agreement for Professional Services
2. Exhibit A—Statement of Work, Consultant's Proposal in response to RFP 16-0422;
3. Exhibit B—Price Schedule;
4. Exhibit C-Verification of Signature Authority Form
Exhibits A,B and C,which are attached hereto and incorporated herein, are made a part of this Agreement
for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and
the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement
shall control.
1. SCOPE OF SERVICES.
Consultant hereby agrees to conduct the 2017 Transportation Impact Fee Study, including the
update of Land Use Assumptions and Capital Improvements Plan required by the Texas Local
Government Code Chapter 395, for the Planning and Development Department ("Services"). Attached
hereto and incorporated for all purposes incident to this Agreement is Exhibit"A," Statement of Work,
more specifically describing the services to be provided hereunder.
2. TERM.
This Agreement shall begin on December 14, 2016 ("Effective Date") and shall expire on
December 13, 2017 ("Expiration Date"), unless terminated earlier in accordance with this Agreement
("Initial Term"). There shall be no renewals.
3. COMPENSATION.
The City shall pay Consultant in accordance with the fee schedule of the Consultant personnel
who perform services under this Agreement in accordance with the provisions of this Agreement and the
Price Schedule attached as Exhibit`B,"which is incorporated for all purposes herein;total payment made
under this Agreement by the City shall be in the amount of Four Hundred Seventy-Five Thousand Five
Hundred Dollars($475,500.00).Consultant shall not perform any additional services or bill for expenses
incurred for the City not specified by this Agreement unless the City requests and approves in writing the
additional costs for such set vices. The City shall not be liable for any additional expenses of Consultant
not specified by this Agreement unless the City first approves such expenses in writing.
Professional Services Agreement OFFICIAL RECORD
Kimley-Horn and Associates, Inc. CITY SECRETARY
Page 1 of 11 FTS WORTH,TX
4. TERMINATION.
4.1. Written Notice.
The City or Consultant may terminate this Agreement at any time and for any reason by
providing the other parry with 30 days' written notice of termination.
4.2 Non-appropriation of Funds.
In the event no funds or insufficient funds are appropriated by the City in any fiscal period
for any payments due hereunder, City will notify Consultant of such occurrence and this
Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to the City of any kind whatsoever, except as to the portions
of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties.
In the event that this Agreement is terminated prior to the Expiration Date,the City shall
pay Consultant for services actually rendered up to the effective date of termination and
Consultant shall continue to provide the City with services requested by the City and in
accordance with this Agreement up to the effective date of termination. Upon termination of this
Agreement for any reason, Consultant shall provide the City with copies of all completed or
partially completed documents prepared under this Agreement. In the event Consultant has
received access to City information or data as a requirement to perform services hereunder,
Consultant shall return all City provided data to the City in a machine readable format or other
format deemed acceptable to the City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Consultant hereby warrants to the City that Consultant has made
full disclosure in writing of any existing or potential conflicts of interest related to Consultant's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Consultant hereby agrees immediately to make full disclosure to the City in writing.
5.2 Confidential Information. Consultant, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any
such information to a third party without the prior written approval of the City.
5.3 Unauthorized Access. Consultant shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Consultant shall notify the City immediately if the security or integrity of any
City information has been compromised or is believed to have been compromised, in which event,
Consultant shall, in good faith, use all commercially reasonable efforts to cooperate with the City in
identifying what information has been accessed by unauthorized means and shall fully cooperate with the
City to protect such information from further unauthorized disclosure.
Professional Services Agreement
Kimley-Horn and Associates,Inc.
Page 2 of 10
6. RIGHT TO AUDIT.
Consultant agrees that the City shall, until the expiration of three (3) years after final payment
under this contract, or the final conclusion of any audit commenced during the said three years, have
access to and the right to examine at reasonable times any directly pertinent books, documents, papers
and records of the Consultant involving transactions relating to this Contract at no additional cost to the
City. Consultant agrees that the City shall have access during normal working hours to all necessary
Consultant 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 Consultant reasonable advance
notice of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Contractor shall operate as an independent Contractor
as to all rights and privileges and work perforrned under this agreement, and not as agent,representative
or employee of the City. Subject to and in accordance with the conditions and provisions of this
Agreement, Contractor shall have the exclusive right to control the details of its operations and activities
and be solely responsible for the acts and omissions of its officers, agents, servants, employees,
Contractors and subcontractor. Contractor acknowledges that the doctrine of respondeat superior shall
not apply as between the City, its officers, agents, servants and employees, and Contractor, its officers,
agents,employees,servants,Contractors and subcontractor. Contractor further agrees that nothing herein
shall be construed as the creation of a partnership or joint enterprise between City and Contractor. It is
further understood that the City shall in no way be considered a Co-employer or a Joint employer of
Contractor or any officers,agents,servants,employees or subcontractor of Contractor.Neither Contractor,
nor any officers, agents, servants, employees or subcontractor of Contractor shall be entitled to any
employment benefits from the City. Contractor shall be responsible and liable for any and all payment
and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or
subcontractor.
8. LIABILITY AND INDEMNIFICATION.
A. LIABILITY- CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL
INJURY,INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY
THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR
INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
B. GENERAL INDEMNIFICATION- CONSULTANT HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS
OFFICERS,AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINST ANYAND
ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST
PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH,
TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS
OR MALFEASANCE OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR
EMPLOYEES.
Professional Services Agreement
Kimley-Horn and Associates,Inc.
Page 3 of 10
C. INTELLECTUAL PROPERTY INDEMNIFICATION— Consultant agrees to defend,
settle, or pay, at its own cost and expense, any claim or action against the City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement,it being understood that this agreement to defend,settle or pay shall not apply if
the City modifies or misuses the software and/or documentation. So long as Consultant bears
the cost and expense of payment for claims or actions against the City pursuant to this section,
Consultant shall have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect the City's interest, and City agrees to
cooperate with Consultant in doing so. In the event City, for whatever reason, assumes the
responsibility for payment of costs and expenses for any claim or action brought against the
City for infringement arising under this Agreement, the City shall have the sole right to
conduct the defense of any such claim or action and all negotiations for its settlement or
compromise and to settle or compromise any such claim; however, Consultant shall fully
participate and cooperate with the City in defense of such claim or action. City agrees to give
Consultant timely written notice of any such claim or action, with copies of all papers
City may receive relating thereto. Notwithstanding the foregoing, the City's assumption of
payment of costs or expenses shall not eliminate Contractor's duty to indemnify the City
under this Agreement. If the software and/or documentation or any part thereof is held to
infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or
compromise, such use is materially adversely restricted, Consultant shall, at its own expense
and as City's sole remedy,either: (a)procure for City the right to continue to use the software
and/or documentation; or (b) modify the software and/or documentation to make it non-
infringing, provided that such modification does not materially adversely affect
City's authorized use of the software and/or documentation; or (c) replace the software
and/or documentation with equally suitable, compatible, and functionally equivalent non-
infringing software and/or documentation at no additional charge to City; or (d) if none of
the foregoing alternatives is reasonably available to Consultant, terminate this agreement,
and refund all amounts paid to Consultant by the City,subsequent to which termination City
may seek any and all remedies available to City under law.
9. ASSIGNMENT AND SUBCONTRACTING.
Contractor shall not assign or subcontract any of its duties, obligations or rights under this
Agreement without the prior written consent of the City. If the City grants consent to an assignment, the
assignee shall execute a written agreement with the City and the Contractor under which the assignee agrees
to be bound by the duties and obligations of Contractor under this Agreement. The Contractor and Assignee
shall be jointly liable for all obligations of the Contractor under this Agreement prior to the effective date
of the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written
agreement with the Contractor referencing this Agreement under which the subcontractor shall agree to be
bound by the duties and obligations of the Contractor under this Agreement as such duties and obligations
may apply. The Contractor shall provide the City with a fully executed copy of any such subcontract.
Professional Services Agreement
Kimley-Horn and Associates,Inc.
Page 4 of 10
10. INSURANCE.
Consultant shall provide the City with certificate(s) of insurance documenting policies of the
following minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability
$1,000,000 Each Occurrence
$2,000,000 Aggregate
(b) Automobile Liability
$1,000,000 Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by the Consultant,its employees, agents,
representatives in the course of the providing sei vices under this Agreement. "Any
vehicle"shall be any vehicle owned,hired and non-owned.
(c) Worker's Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease-per each employee
$500,000 Disease-policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with
statutory benefits outlined in the Texas workers' Compensation Act(Art. 8308— 1.0 et
seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of
$100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and
$100,000 per disease per employee
(d) Professional Liability(Errors&Omissions)
$1,000,000 Each Claim Limit
$1,000,000 Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Cormnercial General Liability(CGL)policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims-made, and maintained for the duration of the contractual
agreement and for two (2)years following completion of services provided.An annual
certificate of insurance shall be submitted to the City to evidence coverage.
Professional Services Agreement
Kimley-Horn and Associates,Inc.
Page 5 of 10
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall name the
City as an additional insured thereon, as its interests may appear. The term City
shall include its employees, officers, officials, agents, and volunteers in respect to
the contracted seivices.
(b) The workers' compensation policy shall include a Waiver of Subrogation (Right
of Recovery)in favor of the City of Fort Worth.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of
coverage shall be provided to the City. Ten (10) days' notice shall be acceptable
in the event of non-payment of premium.Notice shall be sent to the Risk Manager,
City of Fort Worth, 1000 Throckmorton,Fort Worth,Texas 76102,with copies to
the City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do business in the
State of Texas. All insurers must 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. If the rating is below that
required,written approval of Risk Management is required.
(e) Any failure on the part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that the Consultant has obtained all required
insurance shall be delivered to the City prior to Consultant proceeding with any
work pursuant to this Agreement.
11. COMPLIANCE WITH LAWS ORDINANCES RULES AND REGULATIONS.
Consultant agrees that in the performance of its obligations hereunder, it will comply with all
applicable federal, state and local laws,ordinances,rules and regulations and that any work it produces in
connection with this agreement will also comply with all applicable federal, state and local laws,
ordinances,rules and regulations. If the City notifies Consultant of any violation of such laws,ordinances,
rules or regulations, Consultant shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Consultant,for itself,its personal representatives,assigns,subcontractors and successors in interest,
as part of the consideration herein, agrees that in the performance of Consultant's duties and obligations
hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals
on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF
THIS NON-DISCRIMINATION COVENANT BY CONSULTANT, ITS PERSONAL
REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST,
CONSULTANT AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND
THE CITY AND HOLD THE CITY HARMLESS FROM SUCH CLAIM.
Professional Services Agreement
Kimley-Horn and Associates,Inc.
Page 6 of 10
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand-delivered to the other parry, its agents, employees, servants or
representatives,(2)delivered by facsimile with electronic confirmation of the transmission,or(3)received
by the other party by United States Mail,registered,return receipt requested, addressed as follows:
To the CITY: To CONSULTANT:
City of Fort Worth Kimley-Horn and Associates,Inc.
Attn: Jesus J. Chapa,Assistant City Manager Scott R.Arnold,P.E.,Assistant Secretary
200 Texas Street 801 Cherry Street,Unit 11, Ste. 950
Fort Worth, TX 76102-6314 Fort Worth, TX 76102
Facsimile: (817) 392-8654 Facsimile: N/A
With copy to City Attorney's Office at same address
14. SOLICITATION OF EMPLOYEES.
Neither the City nor Consultant shall, during the term of this agreement and additionally for a
period of one year after its termination, solicit for employment or employ, whether as employee or
independent contractor, any person who is or has been employed by the other during the term of this
Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing,
this provision shall not apply to an employee of either party who responds to a general solicitation of
advertisement of employment by either party.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, the City does not waive or
surrender any of its governmental powers or immunities.
16. NO WAIVER.
The failure of the City or Consultant to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or
Consultant's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
17. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas.If any action,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action
shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
Professional Services Agreement
Kimley-Horn and Associates,Inc.
Page 7 of 10
19. FORCE MAJEURE.
The City and Consultant shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public
enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority,transportation problems and/or any other similar causes.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this Agreement
and that the normal rules of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement or Exhibits A,B, and C.
22. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No amendment,modification, or extension of this Agreement shall be binding upon a party hereto
unless set forth in a written instrument,which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
This Agreement,including Exhibits A,B and C, contains the entire understanding and agreement
between the City and Consultant, their assigns and successors in interest, as to the matters contained
herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the
extent in conflict with any provision of this Agreement.
24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
25. WARRANTY OF SERVICES.
Consultant warrants that its services will be of a professional quality and conform to generally
prevailing industry standards.City must give written notice of any breach of this warranty within thirty(3 0)
days fiom the date that the services are completed. In such event, at Consultant's option, Consultant shall
either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms with
the warranty,or(b)refund the fees paid by the City to Consultant for the nonconforming services.
Professional Services Agreement
Kimley-Horn and Associates,Inc.
Page 8 of 10
26. IMMIGRATION NATIONALITY ACT.
The City of Fort Worth actively supports the Immigration&Nationality Act(INA)which includes
provisions addressing employment eligibility,employment verification,and nondiscrimination. Consultant
shall verify the identity and employment eligibility of all employees who perform work under this
Agreement. Consultant shall complete the Employment Eligibility Verification Form (I-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all employees, and
upon request, provide City with copies of all I-9 forms and supporting eligibility documentation for each
employee who performs work under this Agreement. Consultant shall establish appropriate procedures and
controls so that no services will be performed by any employee who is not legally eligible to perform such
services. Consultant shall provide City with a certification letter that it has complied with the verification
requirements required by this Agreement. Consultant shall indemnify City from any penalties or liabilities
due to violations of this provision. City shall have the right to immediately terminate this Agreement for
violations of this provision by Consultant.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation, created, published, displayed, and/or produced in conjunction with the services provided
under this Agreement, collectively, "Work Product". Further, City shall be the sole and exclusive owner
of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product.
Ownership of the Work Product shall inure to the benefit of the City from the date of conception, creation
or fixation of the Work Product in a tangible medium of expression (whichever occurs fust). Each
copyrightable aspect of the Work Product shall be considered a "work-made-for-hire" within the meaning
of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is
not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended,
Consultant hereby expressly assigns to City all exclusive right,title and interest in and to the Work Product,
and all copies thereof, and in and to the copyright,patent,trademark, trade secret, and all other proprietary
rights therein,that the City may have or obtain,without further consideration,free from any claim,lien for
balance due,or rights of retention thereto on the part of the City.
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement on behalf of the respective party,and that such binding authority has been granted by proper
order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto,
may be executed by any authorized representative of Consultant whose name, title and signature is affixed
on the Verification of Signature Authority Form, which is attached hereto as Exhibit "C". Each party is
fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
[SIGNATURE PAGE FOLLOWS]
Professional Services Agreement
Kimley-Horn and Associates,Inc.
Page 9 of 10
TNESS WHEREOF, the parties hereto have executed this Agreement on the �day of
ACCEPTED AND AGREED:
KIMLEY-HORN AND ASSOCIATES,INC.
CITY OF FORT WORTH:
//�� By:
By: � Gso� Scott R. Arnold,PE
Fernando Costa Assistant Secretary
Assistant City Manager Date: IqI Zo16
D ec�N,be•
Date: 14�/7
ATTEST:
APAR E MMENDE
By • _
od, ,Due for Title: Vi Gt /7jL-jriPpjT
Pluming and Development Department
ATTEST- ,� OF PO
By: '.
7),,
Kayse > `C'
City Secretary
APPROVED AS TO FORM
LEGALITY:
By:
-W�—
A*x&rt4er*aiey, Dov, a r,I cx
5r Asf� City Attorney
CONTRACT MANAGER:
Name: y
Title: H JMOZ,
CONTRACT AUTHORIZATION:
M&C: P-11980
Date Approved: 12/13/16
FORM 1295 Traeldng No._2016-128648_
Professional Services Agreement OFFICIAL RECORD
Kimley-Horn and Associates,Inc. CITY SECRETARY
Page 10 of 10 FT®WORTH,TX
EXHIBIT A
STATEMENT OF WORK
I. SCOPE OF WORK
1. Consultant shall conduct the 2017 Transportation Impact Fee Study,including the update of Land Use
Assumptions and Capital Improvements Plan required by Texas Local Government Code Chapter 395,
to be completed at least every five (5)years. The Consultant shall:
1.1 Review the adopted Land Use Assumptions, Capital Improvements Plan,Impact Fee Schedules,
the 2013 Ordinance, Administrative Guidelines, the 2016 City of Fort Worth Master
Thoroughfare Plan and Semi-Annual Transportation Impact Fee reports;
1.2 Update of the City's Land Use Assumptions, Capital Improvements Plan, and Impact Fee
Schedules for Transportation Impact Fees in accordance with Texas Local Govermnent Code
Chapter 395;
1.3 Participate with staff in meetings with the Capital Improvements Advisory Committee for
Transportation Impact Fees, and in public hearings and City Council meetings concerning the
2017 Transportation Impact Fee Study;
1.4 Provide public information program that shall include media relations, news releases, public
notice advertisements and general public relations;
1.5 Prepare the 2017 Transportation Impact Fee Report and ordinance;
1.6 Propose team, office location,key individuals, organizational description and resumes;
1.7 Project approach and schedule,including a description of the primary project tasks and proposed
methodologies;
1.8 Meet SBE Ordinance Requirements of 15%.
EXHIBIT B
PRICE SCHEDULE
1. Consultant proposes a not-to-exceed maximum fee of$475,500.00, which consists of a lump sum
fee of $473,500 (comprised of Tasks 1 thru 7 listed below), shall be paid monthly based on
statements submitted to the City for the work accomplished during the preceding month. Monthly
statements for the lump sum services shall be based upon a reasonable estimation of percent
complete for each task. $2,000 in potential reimbursable expenses, if needed, shall be billed at
actual cost and are listed in Task 8 and 9 below.
TASK TASK DESCRIPTION PROPOSED BUDGET
1. Project Initiation and $23,000.00 Tasks 1 thru 7 total a lump
Management sum fee of$473,500.
2. Coordination with the 2016 $16,000.00
Master Thoroughfare Plan
and Other Policy Initiatives
3. Land Use Assumptions $105,000.00
4. Capital Improvements Plan $205,000.00
for Impact Fees
5. Maximum Impact Fee $95,000.00
Analysis and Credit
Calculation
6. Adoption Process $20,000.00
7. Administrative Tools $9,500.00
8. Additional Report Copies $350.00 Tasks 8 and 9 total a not-to-
(if needed,to be billed at exceed maximum
cost) reimbursable fee of$2,000.
9. Additional Travel Expenses $1,650.00
(if needed,to be billed at
cost)
TOTAL $475,500.00
2. Acceptance by Consultant of said payment shall operate as and shall release the City from all
claims or liabilities under this Agreement for anything related to, done, or furnished in connection
with the Services for which payment is made, including any act or omission of the City in
connection with such services.
EXLOBIT C
VERIFICATION OF SIGNATURE AUTHORITY
Full Legal Name of Company:Kimley Horn and Associates,Inc.
Legal Address:801 Cherry Street,Unit 11,Ste.950,Fort Worth
Services to be provided:Conduct the 2017 Transportation Impact Fee Study.
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or
positions have the authority to legally bind the Company and to execute any agreement,amendment or change order
on behalf of Company. Such binding authority has been granted by proper order, resolution, ordinance or other
authorization of Company.The City is fully entitled to rely on the warranty and representation set forth in this Form
in entering into any agreement or amendment with Company.Company will submit an updated Form within ten(10)
business days if there are any changes to the signatory authority.The City is entitled to rely on any current executed
Form until it receives a revised Form that has been properly executed by the Company.
1. Name: Scott R.Arnold
Position: Assistant Secretary
Signa—°fore
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Na/me:
C�C
Signature of 124wi4enULGEO
Other Title: Secretaq
Date:
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FOR
COUNCIL ACTION: Approved on 12/13/2016
REFERENCE13P16-0422 TRANS
DATE: 12/13/2016 NO.: **P-1 1980 LOG NAME: IMPACT FEE STUDY DG
PLANDEV
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Contract with Kimley-Horn and Associates Inc., in the Total
Amount Up to $475,500.00 for the First Term for Conducting the 2017 Transportation
Impact Fee Study for the Planning and Development Department (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize execution of a Contract with Kimley-Horn and Associates,
Inc., in the total amount up to $475,500.00 for the purpose of conducting the 2017 Transportation Impact
Fee Study for the Planning and Development Department.
DISCUSSION:
The Planning and Development Department will use this Contract to conduct the 2017 Transportation
Impact Fee Study. Kimley-Horn and Associates, Inc., will update the Land Use Assumptions and Capital
Improvements Plan required by the Texas Local Government Code Chapter 395, to be completed every
five years. The study was last updated in 2013.
BID ADVERTISEMENT-A Request for Proposals (RFP) was advertised in the Fort Worth Star-Telegram
on Wednesdays between September 7, 2016 and October 5, 2016. Additionally, ninety-nine vendors were
solicited from the purchasing database system, one response was received. The proposal was reviewed by
an evaluation committee consisting of staff from the Planning and Development and Economic
Development Departments. The evaluation factors included project understanding, project team,
qualifications, experience and capabilities, project approach and schedule, local sensitivity and SBE goal.
The proposal from Kimley-Horn and Associates, Inc., was found to present the best value to the City.
PRICE ANALYSIS -The flat fee per task offered by Kimley-Horn and Associates, Inc., is 0.74% higher than
the rate charged for the previous Agreement (M&C C-25596, May 2012) due to an increase in labor. The
Planning and Development Department staff reviewed the proposed prices and certified they are fair and
reasonable.
ADMINISTRATIVE CHANGE ORDER-An administrative change order or increase may be made by the
City Manager in the amount up to $50,000.00 without specific City Council approval as long as sufficient
funds have been appropriated.
CONTRACT TERMS - Upon City Council's approval, the Contract will begin December 14, 2016 and expire
on December 13, 2017.
M/WBE OFFICE - Kimley-Horn and Associates, Inc., is in compliance with the City's M/WBE Ordinance by
committing to a 15 percent SBE participation.
FISCAL INFORMATION/CERTIFICATION:
The approval of this action provides purchasing authority up to $475,500.00 as specified. The Director of
Finance certifies that funds are available in the Transportation Impact Fee Capital Legacy Fund of the
Planning and Development Department. Prior to an expenditure being made, the Planning and
Development Department has the responsibility to validate the availability of funds.
BQN\\
http://apps.cfwnet.org/council_packet/mc review.asp?ID=24077&eouncildate=12/13/2016 1/5/2017
M&C Review Page 2 of 2
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Aaron Bovos (8517)
Additional Information Contact: Jack Dale (8357)
Darian Gavin (2057)
ATTACHMENTS
Form 1295 RFP 16-0422.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=24077&councildate=12/13/2016 1/5/2017
CERTIFICATE OF INTERESTED PARTIES FORM 1295
101`1
Complete Nos, 1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-128648
Kimley-Horn and Associates, Inc.
Dallas,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/25/2016
being filed.
City of Fort Worth,Texas Date Acknowledged:
Lk
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provid4 a
description of the services,goods,or other property to be provided under the contract.
RFP 16-0422
Transportation Impact Fee Study
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Atz,John Dallas,TX United States X
Peed, Brooks Dallas,TX United States X
Schiller, Mike Dallas,TX United States X
Wilson,Mark Dallas,TX United States X
5 Check only if there is NO Interested Party.
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
LINDSAY HARTMAN
� rRY Pu��i
;x; :Notary Public,State of Texas
a +PF Comm.Expires 02-26-2D20
''•;F°f',,•` Notary ID 130557501 Si nature of authorized agent of contra tin business entity
�: Y 9 g 9
AFFIX NOTARY STAMP/SEAL ABOVE u` , r ,, ,,,,I
Swornlto and subscribed before me,by the said gar. I' nd'umcd this the 2S 4'h day of ()LA Olaf✓r
20 to certify which,witness my hand and seal of office.
Lcrka\j liay�mac 4u,bu-4infA IS
Signatur<0J
officer administering oath Printed name of 6fficer administering oath Title of officer adrAinisiering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277