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HomeMy WebLinkAboutContract 29493 CITY SECRETARY CONTRACT NO. , D CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Kimley-Horn and Associates, Inc. (the "ENGINEER"), for a PROJECT generally described as the Transportation Gap Analysis. 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) Monthly invoices will be issued by the ENGINEER 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 the ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving seven (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 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. All design plans shall be prepared by, or under the direct supervision of, a Texas licensed professional engineer who is regular full- time employee of the consultant company. 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 as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. -- E. Engineering Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or 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 or 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 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 proceduresi and marked„ 1t/' (I7I. •,^l[� 'L.�'S��,Ile':, J -3- �, conditions; time or qualify or 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 the City of Fort Worth Ordinance No. 11923, as amended by Ordinance 13471, the CITY has goals for the participation of minority business enterprises and woman business enterprises in CITY contracts. ENGINEER acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the ENGINEER may result in the termination of this agreement and debarment from participating in CITY contracts for a period of time of not less than three (3) years. J. Right to Audit (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 b oks,,. docurq i Sr f �`�1. 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 workspace 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 necessary subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to 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 which are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the PROJECT. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease— policy limit $100,000 disease— each employee Professional Liability $1,000,000 each claim/annual aggregate - D (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 enforced 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 coverages specified according to Section K.(1) and K.(2) of 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 thirty (30) days notice of cancellation, non-renewal or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non- payment of premium. Such terms shall be endorsed onto ENGINEER's Insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. (e) Insurers for all policies must be authorized to do business in the State of Texas or be otherwise approved by the CITY; and, such insurers shall be acceptable to the CITY in terms of their financial strength and solvency. (f) Deductible limits, or self insured retentions, affecting insurance required herein may be acceptable to the CITY at 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 such are approved by the CITY. (j) The Professional Liability insurance policy, if written on a claims made basis shall be maintained by the ENGINEER for a minimum two (2) year period subsequent to the term of the respective PROJECT contract with the CITY unless such coverage is provided the ENGINEER on an occurrence basis. (k) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. It is understood that insurance cost is an allowable component of ENGINEER's overhead. (1) All insurance required in Section K., except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the CITY. (m) Subconsultants to the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When insurance coverage is maintained by subconsultants, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subconsultant's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by ENGINEER of the Agreement. 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. 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 owners. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest which 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. 2� ;l Rn O. Permitting Authorities— Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonable 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. 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,,_,drawnn ,, o� specifications, proposals, and other documents; obtain advice f'salT; #t �r'D insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule in Attachment D. E. Prompt Notice The CITY will give prompt 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 and Indemnification (1) To the maximum extent permitted by law, the CITY will indemnify and release ENGINEER and its officers, employees, and subcontractors from all claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation expenses arising out of or relating to the presence, discharge, release, or escape of hazardous substances, contaminants, or asbestos on or from the PROJECT. Nothing contained herein shall be construed to require the CITY to levy, assess or collect any tax to fund this indemnification. (2) The indemnification and 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 such hazardous substance, contaminant or asbestos is brought onto the PROJECT by ENGINEER. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.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 right or benefits to anyone-other than tom- CITY and the ENGINEER and there are no third-party be qefipieries (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. 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 assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. 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. Uu 7 �Ill r. ✓'JJY� �,a 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 final designs, drawings, specifications and documents shall be owned by the CITY. 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 terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance within five (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 ppU 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). G. Assignment Neither party will assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. 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 questions 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. -12- Any award rendered by the arbitrators less than $50,000, exclusive of attorney's fees, costs and expenses, will be final, judgement 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. 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, VLH, and VI.J shall survive termination of this AGREEMENT for any cause. L. Observe and Comply ENGINEER shall at all time observe and comply with all federal and State laws and regulations and with all CITY ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws, ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. vP,1DD Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT. Attachment A— Scope of Services Attachment B — Compensation Attachment C —Amendments To Agreement Attachment D — Schedule ATTEST: CITY OF FORT WORTH B � . Gloria Pearson Marc Ott City Secretary Assistant City Janager APPROVED AS TO FORM APPROVAL RECOMMENDED AND LEGALIT Gary Stein erger Robert D. Goode, P.E., Director Assistant City Attorney Transportation and Public Works ATTEST: KIMLEY-HORN AND ASSOCIATES, INC. Charles M. Staples, P.E. Senior Vice-President 7 Contract Authorization Date -14- ATTACHMENT "A" SCOPE OF SERVICES TRANSPORTATION GAP ANALYSIS FORT WORTH, TEXAS PROJECT UNDERSTANDING The goal of this study is to identify and document existing and anticipated gaps in transportation services and transportation infrastructure in the City of Fort Worth. The study will produce a high-level analysis of the City's transportation system. Findings from the study will be incorporated into the City's Mobility and Air Quality Plan and the Fort Worth Transportation Authority Strategic Plan, and will form the basis for further analysis and the development of transportation alternatives and programs to meet future transportation needs and air quality goals. SCOPE OF SERVICES If services beyond those defined in this scope are to be required, the ENGINEER will confer with the CITY to receive further authorization before such additional services are performed. Task 1 — Existing and Future Conditions Analysis The CITY and the Fort Worth Transportation Authority will collect and compile the following information from the CITY, the Fort Worth Transportation Authority, TxDOT, the North Texas Tollway Authority (NTTA), and the North Central Texas Council of Governments (NCTCOG): • Transportation system data; • Service standards; • Basic transportation improvement plans; • Land use data (population and employment); and • Demographic data (income/auto occupancy/households) by Traffic Survey Zone (TSZ). If available, all furnished data will be provided to the ENGINEER for existing (2003 or most recent) and 2030. The ENGINEER will review the furnished data and identify additional data necessary to assess travel demand and mobility needs. If the CITY concurs, the CITY will collect such data. The ENGINEER will collect and compile the following transit-dependent indicative demographic data for the study area from U.S. Census 2000 data. Data will be summarized at the census tract level or smallest geographical area available (if larger than census tract). Mapping will be in meaningful absolute numbers or percentile groups (e.g., highest 20%, lowest 10%). The data will include: • Population by age: over 65 and under 15 years; t lr Transportation Gap Analysis 1 • Population/employment density; • Disabled population; • Household income; and • Household vehicle ownership. Deliverables The ENGINEER in coordination with the CITY and the Fort Worth Transportation Authority will develop a technical memorandum that: • Identifies study area; • Identifies public and private transportation providers; • Identifies existing and future transportation infrastructure; • Identifies existing and future population and employment growth; • Identifies existing and future population and employment densities; • Identifies changes in population and employment growth, trends, and density; • Identifies major activities centers within the study area; • Identifies jobs/housing ratios within the study area; • Identifies degree of urbanization throughout the study area; • Identifies study area socio-demographic/land use data; and • Identifies study area census data indicative of transit-dependency. The ENGINEER will prepare ten (10) copies of the technical memorandum for both the CITY and the Fort Worth Transportation Authority. Task 2 — Identify Travel Demand and Transportation Needs The ENGINEER will work with the CITY and the Fort Worth Transportation Authority to establish project goals and objectives. The ENGINEER will work with the CITY and the Fort Worth Transportation Authority to establish evaluation criteria by which the ENGINEER will determine if there are deficiencies and opportunities in the transportation system. The ENGINEER will obtain from the NCTCOG electronic copies of the following data for both the existing and future travel models: • Person Trip Tables by TSZ; • Vehicle Trip Tables by TSZ; • Demographic datasets by TSZ; and • Network GIS shape files. It should be noted that the ENGINEER will not compare the information listed above with the data collected in Task 1. The ENGINEER will evaluate existing and future demographic changes and growth patterns relative to existing and future transportation infrastructures. The ENGINEER will work with the NCTCOG to complete the following model runs: j Ir U . Transportation Gap Analysis 2 � ,'Y,.„Jlii • Existing transportation network with existing demographics; and • 2025 transportation network with 2030 demographics. The ENGINEER will compare and analyze model output using tools such as screen line analysis, select zone analysis, congestion analysis (v/c), and travel time summaries between major activity centers. The ENGINEER will translate these comparisons and output into identifiable problems and opportunities, from which needs and related issues can be identified. The ENGINEER will also compare the geographic distribution of the model outputs, land use/demographic data, and transit dependence in order to identify those areas where improvements to transportation services and infrastructure may be needed. Deliverables The ENGINEER will prepare and submit a technical memorandum summarizing the evaluation criteria and methodology used to obtain estimates of travel demand and transportation needs. The memorandum should present: • The task findings and summarize all base demographic, socioeconomic, land use, transportation services, and other data collected for the study area; • Maps, charts, and drawings that depict the data gathered in tabular, graphic, or other form for public consumption, including: - Vehicle miles of travel; - Vehicles hours of travel; - Congestion levels; - Delay levels; - Needed person capacity; - Travel time summaries between major activity centers; - Origin/destination desire lines; - Trip production and attraction densities; - Geographic distribution of transit-dependent population; and - Air quality impacts. The ENGINEER will prepare ten (10) copies of the technical memorandum for both the CITY and the Fort Worth Transportation Authority. Task 3 — Documentation of Findings The ENGINEER will summarize the significant aspects of each technical memorandum into a Draft Transportation Gap Analysis Report for submittal to the CITY and the Fort Worth Transportation Authority for review and comment. The report should document the study's purpose, objectives, findings, and conclusions. The ENGINEER will prepare ten (10) copies of the draft report for both the CITY and the Fort Worth Transportation Authority. Following comments from these agencies, the ENGINEER will finalize all text and graphics and submit ten (10) copies of the Final Transportation Gap Analysis Report and an Executive Summary to both the CITY and the Fort Worth Transportation Authority. Transportation Gap Analysis 3 � `�� Deliverables • Draft Transportation Gap Analysis Report (20 copies) • Final Transportation Gap Analysis Report (20 copies) • Executive Summary (20 copies) • Hard copy and electronic files of Reports, Maps, Charts, Tables, and other Graphics Task 4— Presentation of Findings The ENGINEER will coordinate with the CITY and the Fort Worth Transportation Authority to develop one (1) PowerPoint presentation to brief the Fort Worth City Council and the Fort Worth Transportation Authority Strategic Plan Committee on the study findings and conclusions. Deliverables • PowerPoint Information Presentation • Maps, Tables, and other Graphics Task 5— Employment Activity Center Analysis The ENGINEER will summarize and map resident-origin and employment information from U.S. Census 2000 data for six employment activity centers in the study area. These will be confirmed with the CITY and the Fort Worth Transportation Authority, but have initially been identified as the following: 1. Fort Worth Central Business District (CBD); 2. Alliance Airport area; 3. Lockheed Martin; 4. Bell Helicopter Textron; 5. Alcon; and 6. Fort Worth Medical District Completion of Task 5 is dependent upon the release and availability of Journey-to-Work data from the 2000 Census. The estimated release is during March, 2004. This task will be started only when the data is available. Deliverable • Resident-origin data for six employment activity centers. Meetings The ENGINEER will prepare for and attend the following 13 meetings: • Two (2)joint meetings with the CITY and the Fort Worth Transportation Authority during Task 1; • Three (3)joint meetings with the CITY and the Fort Worth Transportation Authority during Task 2; - Transportation Gap Analysis 4 • One (1)joint meeting with the CITY and the NCTCOG during Task 2; • Two (2)joint meetings with the CITY and the Fort Worth Transportation Authority during Task 3; • Two (2)joint meetings with the CITY and the Fort Worth Transportation Authority during Task 4; • One (1) meeting with the Fort Worth City Council during Task 4; and • One (1) meeting with the Fort Worth Transportation Authority Strategic Plan Committee during Task 4. • One (1)joint meeting with the CITY and the Fort Worth Transportation Authority during Task 5; Transportation Gap Analysis 5 ATTACHMENT "B" COMPENSATION TRANSPORTATION GAP ANALYSIS FORT WORTH, TEXAS I. PROFESSIONAL ENGINEERING SERVICES For all professional engineering services included in ATTACHMENT"A" (Scope of Services, Transportation Gap Analysis), the CITY agrees to pay the ENGINEER a lump sum fee of $96,000. 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 AGREEMENT FOR PLANNING, DESIGN, AND ENGINEERING SERVICES Article IV, Paragraph E is deleted. Article IV, Paragraph G is deleted. Article IV, Paragraph H is deleted. Article VI, Paragraph B "Reuse of Project Documents" is replaced with the following: All designs, drawings, specifications, documents, and other work products of the CONSULTANT, hereinafter referred to as the 'Work Product", whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not, and all Work Products shall be owned by the T and the City upon completion or early termination. Consultant shall not be liable for the use of the Work Product for any project other than the Project described herein; and provided further, that Consultant shall not be liable for the consequences of any changes that are made to the Work Product without the written consent of Consultant. Reuse, change, or alteration by the T and the CITY or by others acting through or on behalf of the T and the CITY of any such instruments of service without the written permission of the CONSULTANT will be at the T and the CITY's risk. The T and the CITY shall own the final designs, drawings, specifications and documents. ATTACHMENT "D" SCHEDULE TRANSPORTATION GAP ANALYSIS FORT WORTH, TEXAS The ENGINEER will complete Tasks 1 —4 of the scope of services outlined in ATTACHMENT"A" no later than March 26, 2004. The ENGINEER will complete Task 5 within one (1) month following receipt of 2000 Census Journey-to-Work data from the North Central Texas Council of Governments (NCTCOG). The current estimated release date is during March, 2004. i'3 �� Yr^•UG.�JLL) i City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/27/2004 - Ordinance No. 15845 DATE: Tuesday, January 27, 2004 LOG NAME: 20GAP ANALYSIS REFERENCE NO.: **C-19947 SUBJECT: Award of Contract to Kimley-Horn and Associates, Inc. to Conduct a Transportation Gap Analysis Study 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 $20,000 for the joint funding of the Transportation Gap Analysis; and 2. Adopt the attached appropriation ordinance increasing appropriations by $96,000 in the General Fund, increasing estimated receipts by $20,000 and decreasing the unreserved undesignated fund balance by $76,000; and 3. Authorize the City Manager to execute a contract with Kimley-Horn and Associates, Inc. for a Transportation Gap Analysis Study for the City of Fort Worth in the amount of$96,000. DISCUSSION: The City of Fort Worth Comprehensive Plan calls for the orderly growth and development of the City and its environments. Towards this end, 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 MAQ Plan is a multi-modal plan that will address current and future roadway, transit, bike and pedestrian needs and opportunities. The MAQ Plan will be conducted in two phases. The first phase will involve a Transportation Gap Analysis Study. The purpose of this study is to gather and analyze relevant background information concerning land use, demographics, travel demand, transportation infrastructure and transportation services in Fort Worth and the region. This data will be used to measure the extent to which current and future transportation services and infrastructure meet the travel demand and mobility needs of the citizens of Fort Worth. A primary goal of the Transportation Gap Analysis Study is to identify what sort of improvements are needed by the year 2030, to keep in step with the regional growth that is expected to occur over the next 25 years. This study will involve the following tasks: a) Document existing and future conditions; and b) Identify travel demand and transportation needs; and c) Identify captive transit ridership within the Fort Worth Transportation Authority service area;,and d) Determine origin destination trip characteristics for major activity centers in the study area; and e) Document the study findings; and D Present the study findings. The second phase of the MAQ Plan will involve the study of various multi-modal transportation alternatives Logname: 20GAP ANALYSIS Page 1 of 2 to solve deficiencies identified in the Transportation Gap Analysis Study. Results from the Gap Analysis will help to determine the work scope for this second phase of the Plan. Kimley-Horn and Associates, Inc. was selected for this study because of its professional qualifications and its work involving travel demand modeling and transportation planning. Kimley-Horn and Associates, Inc. is in compliance with the City's M/WBE Ordinance by committing to 10% M/WBE participation. The City's goal on this project is 10%. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the General Fund. Upon completion of this action, the unreserved, undesignated fund balance of the General Fund will be $35,727,535. TO Fund/Account/Centers FROM Fund/Account/Centers (2)GG01 539120 0905500 $96,000.00 (3)GG01 539120 0905500 $96,000.00 (2)GG01 488100 0905500 $20,000.00 Submitted for City Manager's Office by Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: Christa Sharpe (8009) Logname: 20GAP ANALYSIS Page 2 of 2