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HomeMy WebLinkAboutContract 48501-R1 CITY SECRETARY CITY OF FORT WORTH CONTRACT N0. X1915O 1- RA FIRST RENEWAL OF AGREEMENT WHEREAS the City of Fort Worth ("City"),), and Shield Engineering Group, PLLC ("Contractor"), entered into that certain ORIGINAL AGREEMENT (City Secretary #48501, M&C C-28047) for the PROJECT generally described as: Village Creek Sanitary Sewer Rehabilitation Improvements of Various Sanitary Sewer Mains; and WHEREAS, the ORIGINAL AGREEMENT may be renewed up to two times as provided by M&C C-28047; and WHEREAS, The City and Contractor desire to renew the ORIGINAL AGREEMENT for an additional term at the same price terms and conditions. Funding for said FIRST RENEWAL is available in the 2018 operating budget of the Water and Sewer Fund, as appropriated in Ordinance#23319-08-2018. NOW, THEREFORE, it is agreed by the City and Contractor as follows: Article I The Scope of Services as set forth in the ORIGINAL AGREEMENT has not changed. Article II The Contractor's compensation shall be in the amount up to $300,000.00. The Term of this renewal agreement shall be for one year, effective as of the effective date or the expenditure of the funding, whichever occurs first. Article III The Agreement is hereby amended to include the following language: Immigration Nationality Act CONSULTANT shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, CONSULTANT shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. CONSULTANT shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any CONSULTANT employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. [OFFICIAL RECORDFirst Renewal of AgreementeShield Engineering Group,PLLC IJUMARY City SW6KTH1 TX written notice to CONSULTANT, shall have the right to immediately terminate this Agreement for violations of this provision by CONSULTANT. Article IV The Agreement is hereby amended to include the following language: Prohibition on Contracts with Companies Boycotting Israel CONSULTANT acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, CONSULTANT certifies that CONSULTANT's signature provides written verification to the City that CONSULTANT. (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Article V All other provisions of the Original Agreement not expressly amended herein, shall remain in full force and effect. EXECUTED by each party's duly authorized representative and EFFECTIVE as of the date subscribed by the City's designated City Manager. SIGNATURE PAGE TO FOLLOW First Renewal of Agreement Page 2 of 3 Shield Engineering Group,PLLC VC SS Rehab City Secretary No.48501 City of r ort W orr'n Shield Engineering Group, PLLC Jesus J. Chapa rcvLCraig Barnes P.E. J C 66 Assistant City Manager President DATE: 2., —/9 DATE: APPROVAL RECOMMENDED: Christopher Harder, P.E. Acting Director, Water Department APPROVED AS TO FORM AND LEGALITY: CItj Nr-vr- ick M&C: C-28798 Date: _August 14, 2018_ Form 1295 No.:2018-333819 Douglas W. Black Sr. Assistant City Attorney AT ®�SORT �ar'J. Kayser Cit, Secretary �'EXAS Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all perform e and reporting requirements. S'gna ivaine of Employee _S e rt;vI- c( Ltj_ ,h A P!. OFFICIAL RECORD Title CITY SECRETARY FT.WORTH,TX First Renewal of Agreement Page 3 of 3 Shield Engineering Group,PLLC VC SS Rehab City Secretary No.48501 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/14/2018 - Ordinance No. 23319-08-2018 DATE: Tuesday, August 14, 2018 REFERENCE NO.: **C-28798 LOG NAME: 60VCSSREHABR1-SHIELD SUBJECT: Adopt Appropriation Ordinance in the Amount of$390,000.00 to Fund the First Renewal of City Secretary Contract No. 48501 with Shield Engineering Group, PLLC in the Amount of$300,000.00 for Village Creek Sanitary Sewer Rehabilitation Improvements of Various Sanitary Sewer Mains, Provide for Project Management, Real Property Acquisition, Utility Coordination and Material Testing and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of$390,000.00 from available funds for Village Creek Sanitary Sewer Rehabilitation Improvements of various sanitary sewer mains (City Project No. 100275) DISCUSSION: On December 13, 2016, Mayor and Council Communication (M&C C-28047)the City Council authorized the City Manager to execute an engineering agreement in the amount of$300,000.00, with the option of two renewals, with Shield Engineering Group, PLLC for Village Creek Sanitary Sewer Rehabilitation Improvements of Various Sanitary Sewer Mains. The City and the engineer desire to exercise the first renewal of the contract in the amount of$300,000.00 and with the same terms and conditions. In addition to the contract amount$90,000.00 is required for project management, real property acquisitions, survey, contingencies, material testing and inspection. This project will have no impact on the Water Department's operating budget when completed. This project is part of the Water Department's Sanitary Sewer Overflow Initiative Program. Construction is expected to start February 2019 and be completed by February 2020 or when the contract amount is exhausted. M/WBE OFFICE- Shield Engineering Group, PLLC agrees to maintain its initial SBE commitment of six percent that it made on the original and extend and maintain that same SBE commitment of six percent to this first. Shield Engineering Group, PLLC remains in compliance with the City's BDE Ordinance and attests to its commitment by its signature on the Acceptance of Previous SBE Commitment form executed by an authorized representative of its company. The project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Water and Sewer Capital Fund. The Fiscal Year 2018 Water Operating Fund budget includes http://apps.cfwnet.org/ecouncil/printme.asp?id=25844&print=true&DocType=Print 8/16/2018 appropriations of$29,022,689.00 for the purpose of providing Pay-As-You-Go funding for Sewer Capital Projects. After this transfer for Fiscal Year 2018, the balance will be$7,718,440.00. Appropriations for the Village Creek Sanitary Sewer Rehabilitation Improvement project is as depicted below: FUND Existing Additional Project Total* Appropriations Appropriations Water& Sewer Bond 2017 $1,972,811.00 $0.00 $1,972,811.00 Fund 56013 1 11 ruter& Sewer Capital $659,689.00 $390,000.00 $1,049,689.00 Fund 56002 Project Total $2,632,500.00 IF$390,000.00 -$3,022,500.00 * Numbers rounded for presentation purposes. FUND IDENTIFIERS (FIDS): TO Fund Department ccoun Project JProgram ctivity Budget Reference# moun ID ID Year Chartfield 2 FROM Fund Department ccoun Project JProgram ctivity Budget Reference# mount ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Chris Harder (5020) Additional Information Contact: Robert Sauceda (2387) ATTACHMENTS 1. 60VCSSREHABR1 SHIELD MWBE.pdf (CFW Internal) 2. 60VCSSREHABR1-SHIELD Form 1295.pdf (Public) 3. 60VCSSREHABR1-SHIELD SAM.pdf (CFW Intemal) 4. 60VCSSREHABR1-SHIELD 60 AO 18.docx (Public) 5. 60VCSSREHABRi-SHIELD FID Table (Dan).docx (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=25844&print=true&DoeType=Print 8/16/2018 i� Q L L X X Q a Q a a � • • • • ci C5 ci • I� � c o • • o o Q Q Q N ly Z LL 'AWL\ L } .• •• • • _ • • �I L04 N J • i Y • Q • N • • LO LOLO LOO UU N U fll Q • • • • Q� K W • c � N c c • •C) LO • 0 LO o • • o U • U • Q Q Q ca C • • • • Q • • Q • • + 0 • • Q • • Q • • • • .. • • • • • • O • • O LU LO LO LO LO cr C C -alrn� CERTIFICATE OF INTERESTED PARTIES Forton 1295 1ot1 Complete Nos.1.4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6Ifthere 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. 2018-333819 Shield Engineering Group,PLLC Fort Worth,TX United States Date Flied: 2 Name of governmeniii entity or state agency that is a party to the contract for which the forms 04/03/2018 being filed. City of Fort Worth Date Acknowl d: 3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. Village Creek SS Renewal 1 Civil Engineering Design and Survey Services 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Barnes,Craig H. Fort Worth,TX United States X Alexander,Jean Marie Fort Worth,TX United States X 7- 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is ' 11J —AVAOL(Ar ALXGA S/0 frit- and my date of birth is a2-!/fir 1 My address is SFf6t1i"OJ �({�tJ� ,t.. LJ,o-,rw 'fGL2o _jam__. (street) (city) (ate) (zip coda) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in &.e- County, State of �r S on the_=day of.Awe- 201f_. (nxxrtn) (Year) Si azure of authorized agentof contracting business entity (Deciersnq Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0,5523 CITY SECRETARY CONTRACT NO. DJ J 5 FORT WORTH,,, %01 PROFESSIONAL SERVICES AGREEMENT 9.9 This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH(the"City"or"Client"), a home- rule municipal corporation acting by and through its duly authorized Assistant City Manager, and Nelson\Nygaard Consulting Associates, Inc.("Consultant"),a California corporation,and acting by and through jiffLt4 -Tlj , its duly authorized T ryle QLAk . City and Consultant are each individually referred to herein as a "party" and collectively referred to as the "parties." The term "Consultant" shall include the Consultant, its officers, agents, employees, representatives, contractors or subcontractors. The term "City" shall include its officers, employees, agents, and representatives. 1. Scope of Services. Consultant hereby agrees, with good faith and due diligence, to provide the City with professional consulting services for evaluating Trinity Metro's Master Plan and developing priorities and strategies for mobility investment in the City of Fort Worth transportation planning. Specifically, Consultant will perform all duties outlined and described in the Statement of Work, which is attached hereto as Exhibit "A" and incorporated herein for all purposes, and further referred to herein as the "Services." Consultant shall perform the Services in accordance with standards in the industry for the same or similar services. In addition, Consultant shall perform the Services in accordance with all applicable federal, state, and local laws, rules, and regulations. If there is any conflict between this Agreement and Exhibit A, the terms and conditions of this Agreement shall control. 2. Term, This Agreement shall commence upon September 1, 2018 ("Effective Date") and shall expire no later than February 28, 2020 ("Expiration Date"), unless terminated earlier in accordance with the provisions of this Agreement or otherwise extended by the parties. This Agreement may be renewed once for an additional one (1)year period at the City's option. 3. Compensation. The City shall pay Consultant for services provided in the prior month on a percentage complete for tasks and direct expense incurred invoice basis an amount not to exceed $450,000.00 in accordance with the provisions of this Agreement, as outlined in " and incorporated herein for all purposes. Consultant shall be required to make up tc twen,%(20) w Nelson\Nygaard Consulting Associates,Inc. OFFI�IIAL RECORD Professional Services Agreement—General Ext cuMNARCMARY Page 1 of 10 pip TX ff.WORTH, trips, excluding any of Consultant's staff that may be in the Fort Worth area, and City will reimburse Consultant for actual expenses in an amount not to exceed $25,500.00. The travel amount outlined in this section and in Exhibit B is included in the not to exceed amount of $450,000.00 above. Consultant shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. 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. City agrees to pay all invoices of Consultant within thirty (30) days of receipt of such invoice. Consultant may charge interest on late payments not to exceed one percent(1%). 4. Termination, 4.1. Convenience. The City may terminate this Agreement at any timeand for any reason by providing the Consultant with 30 days written notice of termination. 42 Breach. If either party commits a material breach of this Agreement, the non-breaching Party must give written notice to the breaching party that describes the breach in reasonable detail. The breaching party must cure the breach ten (10) calendar days after receipt of notice from the non-breaching party, or other time frame as agreed to by the parties. If the breaching party fails to cure the breach within the stated period of time, the non-breaching party may, in its sole discretion, and without prejudice to any other right under this Agreement, law, or equity, immediately terminate this Agreement by giving written notice to the breaching party. 43 Fiscal Funding Out. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, the 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. 44 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 and certify that all City data has been removed from Consultant's computers and other electronic devices. 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. Nelson\Nygaard Consulting Associates,Inc- Professional Services Agreement—General Execution copy 8/29/18 Page 2 of 10 5.2 Confidential Information. The City acknowledges that Consultant may use products, materials, or methodologies proprietary to Consultant. The City agrees that Consultant's provision of services under this Agreement shall not be grounds for the City to have or obtain any rights in such proprietary products, materials, or methodologies unless the parties have executed a separate written agreement with respect thereto. Consultant, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by the City ("City Information")as confidential and shall not disclose any such information to a third party without the prior written approval ofthe 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. 6. Right to Audit. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, 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 Agreement 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 not less than 10 days written notice of any intended audits. Consultant further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until expiration of three (3)years after final payment of the subcontract,have access to and documents, papers and records of such subcontractor involving transactions related to the subcontract, and further that city shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor not less than 10 days written notice of any intended audits. 7. Independent Contractor. It is expressly understood and agreed that Consultant shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Consultant shall have the exclusive right to control the details of its operations and Nelson\Nygaard Consulting Associates,Inc Professional Services Agreement—General Execution Copt'8/29/18 Page 3 of 10 activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. Consultant acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Consultant, its officers, agents, employees, servants, contractors and subcontractors. Consultant further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Consultant. It is further understood that the City shall in no way be considered a Co-employer or a Joint employer of Consultant or any officers, agents, servants, employees or subcontractors of Consultant. Neither Consultant, nor any officers, agents, servants, employees or subcontractors of Consultant shall be entitled to any employment benefits from the City. Consultant 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 subcontractors. 8. Liability and Indemnification. 8.1 LIABILITY - CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE ANDIOR 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 OREMPLOYEES. 8.2 GENERAL INDEMNIFICATION - CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND 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 ANYAND ALL PERSONS, OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED,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. 9. Assignment and Subcontracting. Consultant 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 Consultant under which the assignee agrees to be bound by the duties and obligations of Consultant under this Agreement. The Consultant and Assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with the Consultant referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Consultant under this Agreement as such duties and obligations may apply. The Consultant shall provide the City with a fully executed copy of any such subcontract. Nelson\Nygaard Consulting Associates,Inc. Professional Services Agreement—General Execution copy 8/29/18 Page 4 of 10 10. Insurance, 10.1 The Consultant shall carry the following insurance coverage with a company that is licensed or authorized to do business in Texas or otherwise reasonably approved by the City: 1. Commercial General Liability with a combined limit of not less than $1,000,000 per occurrence, $2,000,000 general aggregate, $2,000,000 products/completed operations aggregate. 2. Automobile Liability Insurance with a combined limit of not less that $1,000,000 per accident. 3. Professional Liability (Errors & Omissions) in the amount of$1,000,000 per claim and $1,000,000 aggregate limit. 4. Statutory Workers' Compensation per the amount required by statute, and Employer's Liability with limits of $1,000,000 per accident, $1,000,000 policy limit — disease, $1,000,000 each employee - disease. 5. Any other insurance as required byCity as long as commercially available and reasonably affordable. 10.2 General Insurance Requirements: 1. 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, and volunteers in respect to the contracted services. 2. The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of the City of Fort Worth. 3. A minimum of Thirty(30)days'notice of cancellation shall be provided to the City.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. 4. 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. 5. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. 6. 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 to 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 theviolation. NelsomNygaard Consulting Associates.Inc. Professional Services Agreement—General Execution copy 9/29/19 Page 5 of 10 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 CITYHARMLESS FROM SUCH CLAIM. 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 party, 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: City of Fort Worth With Copy to the City Attorney Attn: Susan Alanis at same address 200 Texas Street Fort Worth TX 76102 Facsimile: (817)392-6134 TO CONSULTANT: Name: Nelson\Nygaard Consulting Associates, Inc. Attn: Managing Director 116 New Montgomery Street, Suite 500 San Francisco, California 94105 Facsimile: (415) 284-1544 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. This provision shall not apply to an employee who responds to a general solicitation or advertisement of employment by eitherparty. 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. Nelson\Nygaard Consulting Associates,Inc Professional Services Agreement—General Esacuaon cope 8/29/19 Page 6 of 10 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 and 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 on the basis of 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. 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 (force majeure), 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 and shall not be deemed a part of this Agreement. 21. Rcyiew of Counsel. The parties acknowledge that each party has reviewed this Agreement and had a reasonable opportunity to have its respective counsel review 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 hereto. 22. Amendments. No amendment of this Agreement shall be binding upon a party hereto unless such amendment is set forth in a written instrument, and duly executed by an authorized representative of each party. Nelson\Nvgaard Consulting Associates,Inc. Professional Services Agreement—General Execution copy 8/29/18 Page 7 of 10 23. Entirety of Agreement, This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference, 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. Signature Authority. The person signing this Agreement, and any amendment hereto, 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. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 25. Counterparts, This Agreement may be executed in 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. An executed Agreement, modification, amendment, or separate signature page shall constitute a duplicate if it is transmitted through electronic means, such as fax or e- mail, and reflects the signing of the document by any party. Duplicates are valid and binding even if an original paper document bearing each party's original signature is not delivered. 26. Third Party Beneficiaries, The provisions and conditions of this Agreement are solely for the benefit of the City and Consultant, and their lawful successors or assigns, and are not intended to create any rights, contractual or otherwise, to any other person orentity. 27. Survival. Section 4.4 (Duties and Obligations of Parties), Section 5 (Confidentiality), Section 6 (Right to Audit), and Section 8(Liability and Indemnification) shall survive termination of this Agreement. 28. 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 (30) days from 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 City to Consultant for the nonconforming services. Nelson\Nygaard Consulting Associates,Inc. Professional Services Agreement g Execution copy 8/29/18 Page 9 of 10 29. Immigration Nationality Act. Consultant shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I- 9). Upon reasonable request by City, Consultant shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement, provided that Consultant has a reasonable opportunity to request and also receives prior authorization from the Social Security Administration or Department of Homeland Security to make such disclosure and that such disclosure is not a violation of any applicable law or regulation. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. ' 30. 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 City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). 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 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 City. 31. Change in Company's Name or Ownership. Consultant shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The authorized official of Consultant must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 32. Prohibition on Contracting with Companies that Boycott Israel. Consultant acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless Nelson\Nygaard Consulting Associates,Inc Professional Services Agreement—General Execution copy 8/29/18 Page 9 of 10 the contract contains a written verification from the company that it: (1)does not boycott Israel; and (2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott Israel,and(2) will not boycott Israel during the term of the Agreement. Executed in multiples this the�day of 20A. AGREED: AGREED: CITY OF FORT WORTH_: NELSON/NYGAARD Consulting &' 1LQQ----, Associates,BBSName cj�� � pmt_AManager Title Date: Date: -{,1�9� Contract Compliance Manager: ATTEST: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Name paVIJ Title CovgMCA5 A.55'c Stave{ Name of ployee Title ATT T: OF,�p.. By: d, CA z : M K yser Q C• Se retary XN APP O AS TO FORM D L ITY: * r' By: Jessicj& Avang� Senio istant City Attorney CONTRACT AUTHORIZATION: M&C: G-19335 Date Approved: 8/7/18 OFFICIAL RECORD Form 1295 Certification No. 2018-387087 CITY SECRETARY Nelson\Nygaard Consulting Associates,IncFT.WORTH,TX. Professional Services Agreement—General �XO-UUUH CU Page 10 of 10 City Secretary ContractNo. EXHIBIT A STATEMENT OF WORK Nelson\Nygaard Consulting Associates,Inc. Professional Services Agreement—General Execution copy 8/29/18 Nelson\Nygaard Scope of Work FINAL3 8-3-2018 Project Background In February 2016, a Master Plan for Trinity Metro was concluded by Nelson/Nygaard Consulting Associates. Broad conclusions were: • Trinity Metro's services have not kept up with the region's growth. • Projected growth and changing demographics will only increase demand for transit service. • Limited funding has constrained growth of Trinity Metro's system. • Trinity Metro lags its peers in most respects, including funding levels,the amount of service provided, and ridership. • Too much service operates too infrequently and for hours that are too limited to be attractive to most residents, workers, and visitors. • Little service is available in many areas with significant demand. • Too few premium services are provided. • Major investments and new funding will be needed. • Trinity Metro's image is poor. When you compare Tarrant County to Dallas County,there are several stark distinctions: • DART has achieved broad membership across Dallas and Collin Counties;Trinity Metro serves primarily Fort Worth with full services,with the exception of TRE and TEXRail commuter rail. • DART had the benefit of owning a number of abandoned rail corridors that have been conducive to implementing light rail while Fort Worth rail is co-existing on freight rail lines. • DART has a full penny of sales tax from many jurisdictions; Trinity Metro has half a penny from Fort Worth and Blue Mound with the City of Fort Worth investing alternatively in a Crime Control and Prevention District. Both cities got what they paid for. While the City of Fort Worth participated in the Master Planning effort at a staff level and the City Council received a briefing at the February 2017 City Council retreat,the City has work to do to reach consensus about what level of service the City is willing to fund and for the achievement of what objectives. During the summer of 2017 budget process, and in consideration of the conclusions of the City's Economic Development Strategic Plan and the Tourism Master Plan, the City has begun evaluating the role of transit in the current and future vitality of the City. However, it is clear that the City cannot solve or fund this issue alone and that all services cannot be a priority. • As a starting place, the Mayor and County Judge initiated a conversation among the Tarrant County Mayors' Council regarding transit across the county. They recently approved a resolution to seek NCTCOG funding for an implementation study that develops a 10-year strategy to include: o The development of a countywide implementation strategy that utilizes innovative technologies and identifies opportunities for public-private and public-public partnerships; o Right-sizing services and vehicles for corridors and communities; 1 o Leveraging existing services and assets; o Development of service guidelines for high-, medium-, and low-density areas; o Evaluation of innovative options and services for the delivery of citizen-centric paratransit services; o A 10-year implementation and development plan that is financially constrained and evaluates multiple federal and local funding options, including plans for financial matching support; and o Procurement policies and strategies for innovative services. [Note that the language above is directly from the resolution. The Technical Advisory Team will consider the existing Trinity Metro service standards and their anticipated update in September. In addition, the Technical Advisory Committee will evaluate the implications of FTA spare ratios and the constraints on owning a varied fleet.] Specific opportunities exist to standardize certain services such as paratransit across the County. In addition, Tarrant County, Fort Worth and Trinity Metro are in the midst of an RFP process for transportation network company (TNC) services that could be accessed by members or a contract to provide first-mile/last-mile options, services in transit deserts, services to replace poorly performing transit lines, or options to serve suburban oriented areas of the County. • The Fort Worth Chamber of Commerce Transportation Committee has been asked by the City Manager to participate, recognizing the vital role that the business community must play in a successful transit system. This group pulls together business leaders and participants from the County, Blue Zones, the Real Estate Council, and Trinity Metro. o Their effort focuses on employment centers and workforce origin issues. In addition, they may consider supporting certain pilots with TNCs. o Review key elements ofEconomic Development Strategic Plan and Tourism Master Plan as they relate to transportation. o Provide input at appropriate intervals on the Implementation Plan and the consultant/committee work described in this Scope of Work, along with other stakeholder groups (education, healthcare, millennials, seniors, etc.) Despite these efforts, the City of Fort Worth has work to do to fully integrate plans related to transportation including the City's Master Thoroughfare Plan, Active Transportation Plan, Comprehensive Plan, Capital Improvement Plan, etc. The City currently has more than 850,000 residents covering more than 350 square miles. This is expected to grow to more than 1 million people by 2024. Decisions we make today regarding transportation and transit will have permanent effects on congestion, air quality, the workforce, the economy and the general quality of life in Fort Worth. This introspection will be the basis of this project and Nelson Nygaard Associates has been engaged due to their preparation of the Trinity Metro Master Plan. Technical Advisory Team A team of representatives from the City, the County, and Trinity Metro will be assembled to guide the work of the consultant through monthly recurring meetings and through specific technical committees as recommended by the Consultant. Members will include: 2 City of Fort Worth Chelsea Adler, Mayor's Office Susan Alanis, Assistant City Manager Kate Beck, Planning and Development Sr. Capital Project Officer; Race and Culture staff liaison Dana Burghdoff, Planning and Development Deputy Director Cynthia Hume, Budget Office Mattie Parker, Mayor and Council (represented by Laken Rapier) Julia Ryan, Planning and Development Sr. Planner Robert Sturns, Economic Development Director Douglas Wierseg, Public Works Director , Regional Mobility and Innovation Officer Tarrant County Chandler Merritt, Judge's Chief of Staff Russell Schaffner Mobility Coordinator Patricia Ward, Community Development Trinity Metro Kathy Bridwell, Procurement Sal Espino,Government Relations Reed Lanham, Strategy and Technology Maurice Pearl, Operations Detra Whitmore, Administration Community Stakeholders Rachel Albright—Tarrant Transit Alliance Travis Clegg, Tarrant Transit Alliance/Real Estate Council/Peloton Development Dan Gadbury, Tarrant County MHMR, Mayor's Committee on Persons with Disabilities Miss Rainey Matthews, Chair of Mayor's Committee on Persons with Disabilities Rebecca Montgomery, Fort Worth Chamber Rosa Navejar, Rios Group, Race and Culture Task force, past board member of TM Brandy O'Quinn, Blue Zones Project/DASH The Consultant shall work with Project Advisory Team during project kick-off to begin identifying goals and objectives to define CFW's role in transit planning, development and implementation to help maintain an attractive sustainable community as the city and region continue to grow. These goals shall be based on a combination of established city plans,the Trinity Metro Master Plan and stakeholder input through the public engagement process. The initial activities are tentatively described below. Concurrent with this project, Trinity Metro is issuing a Request for Proposals to acquire on- demand shared ride mobility services for all users including paratransit. This will be used as an opportunity to partner with Arlington and other cities in the County who are interested in contracting for this service. It will also allow pilot projects in poorly served areas. It can also allow an opportunity to standardize paratransit across the County. Plan Goals and Objectives 3 The analysis will assist the City in developing a vision for the transit and transportation investments in the City of Fort Worth within the broader context of Tarrant County and the region. The analysis will document the vision and priorities of the City of Fort Worth to improve transit, move people, increase access and make progress serving the needs of residents, employers, and visitors to Fort Worth. The recommendations will specifically consider the growth and economic development issues that will affect the livability and vitality of this community now and in the future. The conclusions of the previously-adopted Trinity Metro Master Plan will be revaluated through this lens, with a specific look at the progress that has been made to date in implementing the Master Plan. The analysis will be led by the City of Fort Worth (CFW) but will include engagement of Tarrant County and Trinity Metro as partners. In addition, consultation and collaboration with current riders, potential riders, the business community, education systems, healthcare systems, adjacent cities and other stakeholders will occur. Finally, from a funding standpoint, advice will be sought regarding the County's Implementation Plan, North Central Texas Council of Governments, the State of Texas and federal opportunities. A key priority will be to understand the implications of emerging technologies and the sharing economy as they relate to traditional forms of public transportation and the long-term opportunities. Throughout the project, the Consultant shall advise the City on participation in short-term pilot initiatives. Guiding principles will include: Inclusiveness and Effectiveness—Create a transit system that is optimized for a variety of goals such as mobility, equity, economic development, sustainable growth and land use patterns,job creation, regional access to Fort Worth. It should be complementary and well-connected with other modes. Coordination, Collaboration and Integration—Coordinate and integrate with other transportation plans and investments, both local and regional, to better leverage resources for successful plan implementation. Collaboration among City divisions and departments, local and regional stakeholders, public and private schools and universities, and state and federal partners, with an increased emphasis on coordination and collaboration with Trinity Metro. Best Practice and Innovation —Research and utilize best practices and the success of transit planning in select peer cities/regions. Engagement, Advocacy and Equity—Use an engagement process drawing from neighborhood organizations, advocacy groups, the business community, and the general public. Additional engagement strategies (to be proposed by Consultant) shall include adjacent jurisdictions' staff to help address regional aspects of transit service. Tasks and Deliverables The following tasks and subtasks provide guidance for the development of the scope of work for the Fort Worth plan. These tasks represent anticipated responsibilities of the consultant team. These tasks will be further refined during final scope negotiations and project kick-off and will 4 most likely evolve as the project progresses. The consultant team is encouraged to propose innovative solutions and applicable transit planning best practices to address each of these tasks. Task 1: Proiect Management and Administration Task 1 includes the oversight and administrative tasks required to support the overall plan development needs including project work plan and schedule, external and internal committee and support teams, communication protocol, and materials and technical assistance. Task 1.1: Project Kick-Off Following the issuance of a notice to proceed, CFW project management and the Consultant team shall conduct project kick-off meeting(s)at CFW offices. Kick-off meeting(s)will begin the development of project goals and objectives, communication protocols,formation of project committee/teams, define data needs and refine, if needed,the work plan details, processes, schedule, and plan deliverables. In addition, the Consultant shall identify the applicable data that will be used in the analyses in the following tasks. During the project kick-off meeting,the PMT and the Consultant will discuss data needs, sources of data, and what data will be provided by local agencies or gathered by the Consultant. Task 1.2: Project Management The Consultant shall work with CFW in developing the project management approach that best serves the project. The management and support of the project will include the following management roles and the teams/committees described in the following tasks. The CFW Project Director will provide senior oversight throughout the project.The Project Director will also participate in the (Project Management Team)PMT meetings and upper management project leadership teams that are created for this project. The CFW Project Manager will be responsible for the day-to-day management of the Consultant team including primary authority for contract management, review consultant progress, reports and invoices, hold regular meetings with the PMT, and lead the various project meetings with the support of the Consultant Project Manager. The CFW Project Manager will be supported by internal working groups and project management teams comprised of key CFW staff, including the Project Director. The Consultant Project Manager will be the primary contact for overall project day-to-day coordination,provide project updates to the CFW project management,and manage budgetary and staff-related matters. The Consultant Project Manager shall provide monthly progress/upcoming activities reports to the CFW Project Manager. CFW project management shall hold regular PMT meetings with key Consultant team staff to provide guidance on project progress, deliverables, and public engagement. Most meetings will be held in-person at the CFW offices; however, some meetings, upon the decision of the CFW Project Manager, may be held via teleconference/video conference call to utilize sustainable meeting practices when practical. Task 1.3 Technical and Advisory Team/Committees The Consultant shall work with CFW to identify the structure of the project management, technical and advisory teams/committees. The Consultant shall propose what committees and 5 working groups would be recommended for teams/committees. The Consultant shall propose what committees and working groups would be recommended for successful plan development based on a firm understanding of CFW's current role in transit planning, development and implementation and in the context of Tarrant County and the North Texas region. These teams will be responsible for reviewing and providing input on analysis and deliverables during the plan development process. Additional committees, working groups, and advisory teams may be identified by CFW. The Consultant shall attend the committee/team meetings with CFW, as requested, with responsibilities including but not limited to preparing meeting materials/presentations, meeting notes/summaries, presenting information and meeting facilitation. Task 1.4 Support Materials and Technical Assistance As requested by CFW, and as further described in the tasks in this scope, the Consultant shall create materials for outreach and to assist in decision-making, press releases, website updates, and meeting announcements. These materials may include, but are not limited to: maps, summary documents, summary graphics and charts. The Consultant may also be requested to prepare for and attend other meetings throughout the project to answer technical questions and support the decision-making process. Task 1 Deliverables • Final work plan • Budget • Schedule • Committee structure • Agendas, presentations, meeting materials and meeting notes Task 2: Public and Stakeholder Outreach and Engagement This task includes the various types of outreach activities,tools, and methods, and creative, convenience-based approaches to communicating with major stakeholders, elected officials and the general public. This task should seek to help define the goals for the transit network that are tied to broader Fort Worth and Tarrant County initiatives and to gain input on corridors, analysis, results and scenarios that meet those goals. The outreach should focus on promoting an understanding of the trade-offs, benefits and opportunities inherent in planning transit and land use together. Basic principles of densities, modes, and best practices will be shared as an integral part of the public process and will also provide a basis for future decision-making. This task shall also specifically include engagement of employers, healthcare providers, educational institutions, seniors, millennials, young professionals, etc. Task 2.1: Public Involvement Plan and Engagement Activities The Consultant shall develop a Public Involvement Plan (PIP)that presents the approach that will be used to engage the public and stakeholders, disseminate project information and gather feedback from major stakeholders, elected officials, and the general public. The PIP will identify key milestones for public engagement, and include the formation of the committee/teams and their involvement as discussed above in Task 1. It will also include various types of outreach activities, tools, and methods, and creative, convenience-based approaches to 6 communicating with major stakeholders, elected officials, and the general public. The outreach will focus on promoting an understanding of the trade-offs, benefits, and opportunities inherent in planning transit and land use together. Examples of the types of elements that will be considered are presented in the table on the following page. The Consultant and City staff will discuss preferred methods at the kick-off meeting. The Consultant will produce a draft PIP within weeks (_business days)after the project kick- off meeting. Task 2.2: Regional Framework The Consultant will guide the City's participation in regional effort through the Tarrant County Mayors' Council and NCTCOG as the implementation study commences. Task 2 Deliverables • Public Involvement Plan • Web Content for the Project • Coordination with the CFW Director of Communication and Public Engagement • Report summary of user experiences and other data and analysis Civic Engagement Efforts METHOD PHOTO DESCRIPTION USE s Formal stakeholder group Ensures meaningful input designed to provide advice over life of a project/helps over the life of a project guide study direction and decisions One-on-one or small group Extremely effective way to "structured conversations" quickly identify stakeholder desires and issues Special name and brand for Attracts attention to the FOCUSproject project, and allows stakeholders to quickly identify project information Dedicated project website Provides easy access to T that.provides project project information and - information and ahility to solicits input on study Mobile project displays and An additional attention - interactive actives getting way to bring the project to where people are +' �£ Scheduled meetings to Provides opportunities for present project information general public to interact and solicit input with projcet team and NOV!- A"design your own transit Increases the understanding system" survey designed to of the trade-offs that must educate key stakeholders onbe made trade-offs 7 I - e Media relations designed to Disseminates project news • • '` generate media attention to a wide audience The use of social media to Increases public EDIA Flo provide information and involvement among solicit information Millennials Task 2.3 Other Meetings/Briefings The Consultant shall also assist CFW in briefing members of City Council, the Trinity Metro Board, the Tarrant County Mayors' Council, the Fort Worth Chamber of Commerce Transportation Committee, elected and appointed officials of neighboring cities, and other stakeholders. Task 3: Collect and Compile Data and Information The Consultant will collect, compile, and review relevant data and previous plans and studies that are relevant to this effort. A partial list of other studies and plans include: • Data: — Land use and zoning — Economic data(including current future development) — Demographic data(age, income, etc.) — Review updated information on transit user and stakeholder data that was the basis of the current Master Plan and provide an evaluation of the results of the changes that have been implemented to date. • Relevant Plans/Studies: — Trinity Metro Transit Master Plan — Comprehensive Plan — Master Thoroughfare Plan — Active Transportation Plan — Economic Development Strategic Plan — Tourism Master Plan Once this information has been collected and reviewed, the consultant will also produce an overview of the studies and sections/information that can guide and inform the City's implementation of Transit Master Plan. Task 3 Deliverable • Review of Existing Studies and Plans document Task 4: State of the System Report The Consultant will update a state of the system report that facilitates a common understanding of the current state of the system, mismatches between existing services and needs, and opportunities. It will: • Describe Fort Worth's existing transit services and the improvements included in the Trinity Metro Transit Master Plan • Analyze transit demands through 2045 8 • Examine gaps between 2045 transit demands and existing and planned services • Describe emerging technologies and new transportation options • Identify key issues and opportunities Task 4.1 Produce Overview of Existing Transportation Services and Planned Improvements The consultant will produce an overview of current Trinity Metro services that operate to, from, and within Fort Worth, and planned and potential improvements included in the Trinity Metro Transit Master Plan. It will include the following types of information: Transit • An overview of existing and planned services in terms of — Service frequencies — Spans of services — Performance • The percent of population and jobs that are within '/4 mile of existing transit • The percent of population and jobs that are within '/4 mile of frequent service • A travel shed evaluation that presents how far residents in each neighborhood can travel by car and transit within 45 minutes. • A travel shed evaluation that presents the number of jobs that residents of each neighborhood can access by transit within 45 minutes. Auto • Number and percent of auto trips and changes over time • Trips/household and miles/capita and changes over time. • Number net new cars are added each year and trends • Percent of downtown workers who drive alone Other • Weekend and evening activity levels in downtown and 7th Street, and visitor origins • Use of and costs for free downtown parking, and changes over time. The consultant will use a variety of data for this work, including NCTCOG regional model data, Streetlight cell phone data, and various U.S. Census data(ACS and LEHD) Task 4.2 Market and Trend Analysis The consultant will conduct a market and trend analyses to address three fundamental questions: t. What will be the underlying demand for transit service over through 2045? 2. For areas with significant transit demand, where will people be traveling to and from? 3. Where are there, and will there be, gaps between underlying demand and current and planned services? 9 Task 4.2.1 Underlying Demand for Transit With transit, it is not a case of"if you build it, they will come," but instead, "if you build it, how many will come?"Assuming that transit will be designed effectively,the answer to this question is related to a large number of factors. However, three are much more important than others: 1. Population and employment densities, as the more people who live work and play near transit, the more people who will be able to use it. 2. Socioeconomic characteristics, as certain groups use transit to a greater degree than other groups; for example: • Millennials • Older Adults • Diverse racial and ethnic groups • Empty Nesters • Households with no or few automobiles compared to household size • Households with low incomes and/or are overburdened with housing costs(>30% of household income) 3. Land Use/Location of Major Activity Centers, with mixed-use areas with all day activity generating much more demand than single-use areas. The beginning of the market analysis will focus on these factors. The Consultant will then map this information in easy to understand formats -for example, population and employment densities, the impacts of socioeconomic characteristics on transit demand, and overall underlying transit demand. Underlying demand will be mapped in terms of approximate service frequencies, for example, service every 10 minutes, every 15 minutes, etc. These transit frequencies will also provide an indication of the types of service for which there would be demand. Task 4.2.2 Travel Flows While it is first important that there is significant transit demand within a certain area, the places that people are traveling to and from and the associated travel volumes are important inputs into transit design. Corridors with high travel volumes are best suited to High Capacity Transit service and other direct services, while lower volume flows are better suited to connecting service. The Consultant will examine travel flows in a manner that will inform where direct services are warranted and the types of service that could be appropriate. Task 4.2.3 Gap Analysis Once the above information has been developed, the Consultant will compare existing and planned transit services with 2045 demand. Using this comparison, and as applicable, the team will identify gaps and issues in terms of: • Prioritization of modes along corridors (e.g., street hierarchy) • Areas of first/last mile service deficiencies • Corridors or segments that are inefficiently served or where service levels are too high for demand • Corridors that have a mismatch between service type, operational characteristics and markets served 10 • Corridors or segments that are not served but where significant demand exists • Transit corridor physical design characteristics and impacts • Programmatic deficiencies for transit dependents, such as low-income, elderly, disabled, and student populations • System elements that are working well and should be maintained or enhanced. • Analysis of future conditions including an assessment of the likelihood, time horizons, locations/opportunities and intensities of transit supportive land use development. Task 4.3 Emerging Technologies and New Transportation Options Traditionally, transit planning has been conducted using regional projections that generally assume that cities will continue to be much like they are today, but bigger, and that past trends will continue into the future. However, history has shown this not to be the case, and that has never been clearer than it is today. For example, Uber was founded only in 2009, but has since brought tremendous changes to transportation, both as competition and a compliment to traditional transit. The advent of autonomous vehicles could reduce the demand for transit, or not. New microtransit providers will also produce challenges and opportunities. Changes such as these mean that the future landscape for transit may be much different than it is today. While it cannot be known with certainty what the future will bring, the team will describe how many of the changes that are on the horizon could impact the demand and provision of transit. The team will determine the topics to be covered in consultation with CFW staff, and examples include the impacts of: • Autonomous vehicles • Ridesharing companies (Uber and Lyft) • Microtransit providers • Transit technology providers Task 4.4: The Impact of Current City Land Uses and Investment Patterns on Transit Success The Consultant will understand and lead discovery sessions to answer questions including, but not limited to those that follow. • Why hasn't the city had growth around the ITC and other rail stations? • Has the city fully integrated MTP, sidewalks, bike, parking and transit plans with an overlay of zoning/future land use information? How are capital investments balanced across modes? • How does MPO guide regional planning on transportation, housing and employment/training? How should Comp Plan be adjusted to assist with this? • How many housing units will be needed to accompany the number of jobs the city is targeting and where would we incentivize? • What changes are necessary to support the recommendations in the Economic Development Strategic Plan and the Tourism Master Plan? • What changes are needed in the City's approach to land use and zoning to support the success of transit? Task 4.5 State of the System Report 11 The Consultant will produce a State of the System report that present the current state of transit in the City of Fort Worth. This will be a public facing "briefing book"that will present key information concisely and in a highly illustrated manner and will include: • An overview of existing transit services bus and rail services provided by Trinity Metro, and currently planned services. • A summary of key market analysis findings, including projected demand for transit, recent trends, and likely changes. • A description of how well—or not—existing services match future needs • An overview of emerging technologies and new transportations providers • Current land use as it relates to transit • Key issues and opportunities that the City's implementation of the Transit Master Plan will need to address Task 4 Deliverables • A highly illustrated and reader-friendly State of the System Briefing Book presenting the information described above. Task 5: Development of City Vision, Goals, Objectives and Evaluation Framework The Consultant shall work with CFW during project kick-off to begin identifying draft goals and objectives to define CFW's role in transit planning, development and implementation to help maintain an attractive and sustainable community as the city and region continues to grow. The purpose will be to evaluate and ensure alignment with the goals and objectives outlined in the Transit Master Plan with an understanding of how they will be weighted in the allocation of resources. These goals shall be based on a combination of existing goals as established in Trinity Metro Master Plan, current city plans and stakeholders input through the public engagement process. 5.1 Develop Vision, Goals,and Objectives The goals and objectives will guide what the project should achieve and how alternatives should be evaluated. However, goals and objectives can also be tedious and reduce, rather than increase, people's interest. To avoid this, the project will use a"less is more" approach that focuses on the goals and objectives that are most important to stakeholders, as opposed to every concept possible. Goals and objectives will also be grouped into themes that stakeholders can easily relate to. For example, for Nashville's Transit Master Plan, the themes were"Connect," "Enhance," "Simplify,"and "Sustain." 12 Nashville nMotion Goals and Objectives sem -,�- -t people to life in Middle Terni ,!1 Make Transit a competitive travel z Easy to understand U 1010. more Middle Tennesseans. Easy to communicate ® Reflect most important priorities Support decisions Develop a transit system that complements oil �, .. � As part of the development of the vision, goals, and objectives,the Consultant shall facilitate visioning workshops with the City Council to determine: • What are Fort Worth's goals? — Get people out of cars? — Improve environment? — Promote economic development? — Serve the most people or service the most places? • How do they align with the goals of Tarrant County? • Determine method of engaging community to set clear objective that is agnostic on solutions or locations. o "Doubling current number of residents within '/4 mile of frequent service, defined as at least every 15 minutes." o Take_cars off the road by The workshops may be structured as outlined below but are subject to additional discussion between the PMT and the Consultant. Workshop 1 -Following a review of this analysis and stakeholder input, the Consultant will lead a workshop with the City Council to ensure a common understanding and to develop a common vision for transit in Fort Worth, now and in the future. Goals could include but are not limited to topics related to: connectivity, health, mobility, equity, access, reliability, network effectiveness, prioritization, economic development and opportunities to utilize new technologies and services to provide first-mile/last-mile,transit desert, and other specialized services. In addition, this work should facilitate regional and adjacent city partnerships where appropriate. Workshop 2 - The Consultant shall provide draft vision statement, goals and objective recommendations based on the guidance received from elected officials during the first work shop. The Consultant shall guide the adoption of an Action Plan that should include recommendations regarding service priorities, innovative integration of various modes, funding strategies and technology application opportunities to integrate payment and route planning across modes. 13 Task 5.2 Develop Evaluation Criteria The evaluation criteria, which will ultimately be used to evaluate strategies and scenarios, will consist of a combination of quantitative and qualitative measures that will directly address each objective. Examples include: • Ridership • Travel time savings • Operating costs • Capital costs • Cost effectiveness • Support for local plans • Support for local businesses • Ability to stimulate transit-oriented development • Financial feasibility • Environmental impacts • Implementation challenges • Environmental justice and Title VI impacts To the extent possible,the evaluation criteria will be limited to measures that are most important, that will be differentiators, that will resonate with stakeholders, and that can be presented in an easily understandable manner. This ensure that the project team focuses on the most important issues and avoids getting distracted by secondary issues. Task 5 Deliverables • Workshop agendas and materials • Evaluation framework document that describes the project visions, goals, and objectives, and the evaluation criteria Task 6: Inform Participants or Identify Additional(as needed) Strategies Based on the needs and issues identified and articulated in Task 4 and the vision, goals, and objectives developed in Task 5, the Consultant will provide education and guidance on the tactics already identified in the Transit Master Plan and guide discussion to identify any additional strategies to address each. These strategies will be a combination of services, programs, and policies that will address the following and other questions: • What could Fort Worth's bus system look like if we imagined it from a clean sheet of paper? • Should the city have a grid system like Houston or remain as largely hub and spoke? • Where are additional opportunities for bus lanes? • Should the city revisit the decision to eliminate all free rides? • Should stop consolidation efforts be increased to fulfill the preference for longer walks to shorter routes? • Should paratransit user guidelines be revised? • What are additional opportunities for transit priority? • How are shared-ride mobility services impacting the demand for transit and are there better ways to both compete and partner? 14 • What new technologies should be pursued(including but not limited to shared-ride mobility services, Mobility as a Service(Go Pass 2.0), on-demand ride share(Via, Chariot), stored value fare cards, and fare capping? • Should there be a Trinity Metro expansion policy and service connection policy? • Can/should the city develop a citizen-centric, "zero-based" service policy that would create a service matrix based on 1)citizen input, 2) ridership, 3)density, 4) subsidy per passenger per boarding, and 5)mobility-utility(i.e., what's its function)to ascribe the correct mobility service to the route/area/community? • What is the next priority if there were additional resources? (may be geographical, customer-oriented, or service type) • Addressing which circuitous routes or routes with excessive deviations would have the most immediate return for customer experience? • Should underperforming routes be replaced with on-demand shared ride services? Example strategies that could be relevant for this project are shown in the table on the next page. Two particular focus areas will be: • The development of shared mobility strategies and paratransit services that Trinity Metro could provide or administer on behalf of member communities. • First mile/last mile connections to Trinity Metro services. To identify the specific strategies,the Consultant will start with the issues and opportunities articulated in the State of the System report. Then, working with CFW staff,the team will identify the strategies that could best address each. This process will consist of a combination of experience from similar circumstances elsewhere, internal brainstorming among project team staff, and brainstorming with CFW staff. The above process will develop a very large and robust list of potential improvements. To present these,the team will develop: • A description of overall service improvement strategies that would provide the best opportunities for improving service,plus a description of potential changes by route and for key geographical areas. • Strategy papers that(1)describe the strategy,(2)provide examples of how the strategy is used elsewhere, and(3) illustrate how it could be employed in Fort Worth. These strategies will then be used as"building blocks" for the development of transit improvement scenarios that will represent different way of improving transit. Once the strategies have been developed,the Consultant will discuss them with CFW staff and the Project Management Team to determine which appear to provide the greatest potential and merit further consideration. 15 Example Strategies Light rail Streetcar BRT Microtransit Circulators Mobility on Demand Scheduled vanpool New bus routes New commuter rail services New commuter rail stations ' • More frequent service and longer hours Frequent Transit Network Network changes Corridor improvements, including Transit Emphasis Corridors Upgrades to local bus services(to LRT, BRT, or Rapid Bus) On-demand Flex Service (no advance reservations) • Pedestrian and bicycle • • Park and ride, including new lots Ridesharing(Uber, Lyft, etc.) Publicly and privately operated shuttles On-demand public transit/Flex Bus ' • ' ' • ' Transit signal priority Bus lanes Queue jump lanes Curb extensionsibus bulbs Use of freeway shoulders • • New transit centers • Mobility Hubs Better bus stop amenities, including heat ' • ' Integration with private shuttles With private transportation providers (for example, Uber and Lyft) • i More extensive real-time passenger information Clean buses/green fleet • ' • • Real-time Traditional Wayfinding New sources Implementation strategies • TOD opportunities Transit as part of complete streets 16 Task 6 Deliverables • Update transit strategy papers that describe potential strategies, how they are used elsewhere, and how they could be used in Fort Worth. • Transit Strategies briefing book update that provides an overview of all of the potential strategies that is informed by the City's adoption of a vision, goals, and objectives and evaluation criteria. Task 7 Develop and Evaluate Scenarios Task 7.1 Develop Future Scenarios Transit can be provided in many ways; however, to be most effective, different modes and services must be matched to the correct markets. Transit can also be optimized for particular strategic goals such as mobility, economic development or equity. These scenarios that can be overlaid to create scenarios that support the greatest number of community goals. Appropriate balances must also be developed between demand and coverage-based services, between commuter and frequent traveler services, between urban and suburban services, and other factors. To determine the best way to put the pieces together for Fort Worth,the Consultant will combine different strategies into scenarios, each of which will build upon the market analysis and other work conducted in previous tasks. Each scenario will be developed to represent different combinations of strategies and/or that will emphasize certain strategies, rather than entire packages that would need to be selected as a whole. They will also be designed to ensure that all of the"pieces" fit together as a system. The scenarios may also reflect different expenditure levels. In total,the purpose will of the scenarios will be to determine which strategies, or combinations of strategies,would generate the highest levels of support, and then to ultimately combine the best elements of each scenario into a recommended plan. The Consultant will develop five scenarios, including a no action future scenario. The scenarios will allow CFW to better understand opportunities, concerns, and trade-offs among the transit system scenarios, relationship to other modes of travel, and other components including economics and land use. As part of the development of the scenarios,the Consultant shall conduct a third workshop with the City Council that will include a guided discussion regarding the system scenarios to include recommendations regarding short-, mid-, and long-term strategies for implementation. Once developed,they will be presented in formats that are easy for stakeholders to understand using maps, written descriptions, and illustrations, but at the same time describe the critical elements of each scenario, including specific services, expected impacts, and costs. Task 7 Deliverables • Scenario Briefing Book designed for public distribution that describes each of the scenarios. • Additional materials designed for presentations and other outreach activities (for example, surveys, presentations, web materials, etc.). 17 Task 8 Vet and Evaluate Scenarios For this project to be successful, it will need to produce develop and implement service improvements that meet the project's goals and objectives and achieve a high level of stakeholder support. For this reason, following development of the scenarios,the team will vet them with the public and other stakeholders and evaluate them using the evaluation criteria. Task 8.1 Vet Scenarios with Stakeholders As described in Task 2, public involvement activities will take place throughout the project. However, input on the scenarios will be particularly important, as the scenarios will present different transit"futures"and public engagement at this time provides the best opportunity for a robust discussion on Fort Worth's transit future. This engagement will consist of a variety of in person and web-based input designed to determine: 1. Which types of improvements will achieve the highest levels of support 2. Which are less popular 3. Preferences and how trade-offs should be made 4. Issues that need to be addressed before recommendations are developed The specific engagement methods that will be used will be determined through development of the Public Involvement Plan but will include a variety of in-person and web-based input, including"transit talks," surveys, and web forums. Task 8.2 Evaluate Scenario Components Once it has determined which strategies/scenario components would achieve a high level of public and stakeholder support, the Consultant will evaluate each using the evaluation framework developed in Task 5. The Consultant will then present impacts in written and graphical formats, with an emphasis on illustrating meaningful differences between alternatives and clear presentation. The team will present findings in both absolute terms and relative terms, but with a greater focus on presenting relative differences to facilitate decisions. Task 8 Deliverables • Summaries of the public input received on the scenarios. • Spreadsheets and technical memoranda that present the evaluation methodology and results. Task 9: Prioritization Based on prior Master Plan and additional analysis conducted with the PMT, the Consultant shall work with CFW to prioritize corridors that link neighborhoods, business, civic amenities and parks, schools, and major activity centers(employment, retail, etc.).This would include a high- level evaluation of transit-compatibility relative to walk and bike access, land use and zoning, presence of transit dependent populations, geographic and social equity, and other factors to develop an appropriate network of transit corridors. This analysis shall consider the availability of new and emerging technologies that offer alternative modes to support a variety of needs efficiently. This activity shall include a public engagement/input activity. Task 9.1: Land Use Land use and transportation are inextricably linked. In order to ensure compatibility with the City's vision,the Consultant shall assist with the following: 18 • Develop transit-supportive land use connections to appropriate areas identified in the City's Comprehensive Plan and the Economic Development Strategic Plan. • Funding strategies that are potentially tied to land use • Through the evaluation of corridors and system scenarios, the Consultant shall evaluate economic development opportunities and recommended corridors that might be priorities for benefits other than specifically transportation demand. • The Consultant shall create materials to aide in the understanding of the trade-offs and benefits between the quality of transit service and the level of land use intensity. Task 9.2: Corridor Typologies Based on the results from the previous tasks, the Consultant shall identify and recommend service characteristics for the various corridors. These service typologies would act as a high- level recommendation for each corridor. These service types would NOT act as a recommendation of mode/technology, but as a recommendation of"tiers" or a"toolbox of options"to identify different levels of service (e.g., frequency, capacity, access, cost, etc.) along corridors and amenities (e.g., off-board ticketing, real-time displays, security, shelters, etc.), which will depend on the existing and future needs. Task 9 Deliverables • Report, maps, and graphics outlining and illustrating potential corridors that respond to the goals and objectives developed throughout this process, including recommendations on priority areas for zoning changes based on maximizing transit use and return on investment. • Land use technical report, including recommendations for our existing/ongoing plans and policies, which would mutually support Fort Worth's transit system and community vision. • Matrices, maps and other graphic representations that clearly illustrate the relationship between land use and transit, including funding options, intensity/mix of uses relative to mode choice, and geographic areas of special focus. • Technical memorandum outlining strategies, including modeling/analysis methodology, for evaluating corridors in later tasks. • Toolbox of corridor prioritization criteria and corridor typologies that can be applied in future analyses and other corridor projects. • Evaluation report describing the process by which proposed goals and objectives were translated into market-based prioritization criteria. • Report, maps, and graphics outlining and illustrating potential corridor typologies that respond to the project goals and objectives. Task 10: Funding, Governance, Transit Policy, and Implementation Strategies Task 10.1: Best Practices The Consultant shall provide up to three case studies of communities in the United States with similar transit-city relationships. The Consultant shall also research best practices in fostering city-transit relationships where the city is not the owner/operator of transit. 19 The Consultant shall research and identify examples of the various local transit funding mechanisms and resources and implementation resources used in other cities throughout the United States. The Consultant shall also include an evaluation of other opportunities to promote transit as a primary mode of transportation through transportation demand management-type measures e.g., pass programs, buying up services, etc. Task 10.2: Funding Strategies and Resources The Consultant will provide an analysis of the currently available resources and how those currently support or limit the potential for transit. • Create a 10 and 20 year constrained, financial plan on how any(including increases in already allocated sales tax)would be spent • How will any changes in direct funding to cities affect the finances of Trinity Metro? • What upcoming grant opportunities should be a priority and for what purpose? • When will TEXRail debt be paid off and how will available funds be used? • What are the available sales tax revenues across the county and what are the alternative options for contracting? In addition, the Consultant shall update viable local, state and federal financing mechanisms to implement the various system scenarios created the previous tasks and further prioritized in Task 9. These funding opportunities should be evaluated and recommended based on what is feasible in Texas. Task 10.3: Governance CFW currently has no plans to own nor operate public transit. Those duties are anticipated to be the sole responsibility of Trinity Metro. The Consultant shall help to further explore potential options for the roles for both CFW and Trinity Metro in implementing the improvements identified in the plan. Task 10.4: Transit Policy The Consultant shall provide recommended new citywide policies and updates to any citywide transit-related policies identified in the development of the plan goals and objectives (Task 5). This task shall also include identification of any other city or department policies, ordinances, rules, or regulations that may be affected. The Consultant shall also provide a best practices summary from transit agencies in like-sized markets for new transit agency members policies, connecting services policies, and citizen user data privacy policies. Task 10.5: Recommendations/Implementation Strategies The Consultant shall identify near-term, mid-term, and long-term recommendations and implementation strategies based on project prioritization, funding opportunities, governance definitions, policy updates, and political and community prioritization. There will be a particular focus on actionable improvements that CFW and Trinity Metro can implement in the short-term. 20 This task will identify phasing opportunities, coordination with Trinity Metro, pilot projects, short-term operational improvements (e.g., transit only lanes,transit signal priority, queue jumps), and cost-neutral revisions to current service. Task 10 Deliverables • Summary report of case studies and best practices. • Report containing recommended funding strategies, governance,transit policies, and implementation • Financially Constrained 10-20 Year Funding Strategy based on Current and Potential Funding Sources Task 11: Plan Preparation,Review,and Completion Task 11.1 Draft Plan The Consultant shall use the information assembled in each of the reports completed in the previous tasks to prepare a draft plan. This plan will be highly graphic and usable for public entities, including the general public. This plan shall include an Executive Summary that can be distributed as a stand-alone document. The PMT will review the draft plan and provide comments to the Consultant. As part of Task 2 (Public Outreach and Engagement), the Consultants shall propose a method in which to collect public feedback on the draft plan. Task 11.2 Final Plan The Consultant shall edit and finalize the plan, incorporating the feedback received from the CFW, advisory teams, and public review of the draft plan. CFW will review the final plan prior to final printing and publication. 21 City Secretary Contract No. EXHIBIT B PAYMENT SCHEDULE City will reimburse Consultant for completion of the following project category: LABOR 1. Project Management 1.1 WerIFRIanoshedule, and Budget $0 1.2 Project Kick-Off $12,000 1.3 Project Management $5,000 1.4 Technical and Advisory Team/Committees $20,000 1.5 Support Materials and Technical Assistance $15,000 Subtotal $52,000 2. Public Outreach and Engagement 2.1 Public Involvement Plan and Engagement Activities $35,000 2.2 Regional Framework $10,000 2.3 Other Meetings/Briefings $10,000 Subtotal $55,000 3. Collect and Compile Data and Information 3.1 Collect Data and Produce Overview $5,000 Subtotal $5,000 4. State of the System Report 4.1 Overview of Existing System $15,000 4.2 Underlying Demand for Transit $15,000 4.3 EFReFging Teehnelagie-s $0 4.4 Impact of Current City Land Use and Investments $7,500 4.5 State of the System Report $10,000 Subtotal $47,500 5. Develop of Evaluation Framework 5.1 Vision, Goals, and Objectives $10,000 5.2 Evaluation Criteria $7,500 Subtotal $17,500 6. Identify Strategies $0 6.1 Identify Strategies $30,000 Subtotal $30,000 7. Develop and Evaluate Scenarios 7.1 Develop Future Scenarios $25,000 Subtotal $25,000 8.Vet and Evaluate Scenarios 8.1 Vet Scenarios with Stakeholders $20,000 8.2 Evaluate Scenarios $30,000 Subtotal $50,000 Nelson\Nygaard Consulting Associates,Inc. Professional Services Agreement—General Execution copy 8/29/18 City Secretary ContractNo. 9. Prioritization 9.1 Land Use $15,000 9.2 MedeliRg/Analysis T-9945 $0 9.3 Corridor Typologies $20,000 Subtotal $35,000 10. Funding,Governance, Policy,and Implementation 10.1 Best Practices $10,000 10.2 Funding Strategies $15,000 10.3 Governance $10,000 10.4 Transit Policy $10,000 10.5 Implementation Strategies $10,000 Subtotal $55,000 11. Plan Preparation, Review,and Completion 11.1 Draft Plan $22,500 11.2 Final Plan $5,000 Subtotal $27,500 Total Labor $399,500 DIRECT EXPENSES City will reimburse Consultant's actual expenses in an amount up to the following for each category: Travel $25,500 Streetlight Data $10,000 Meeting Materials $10,000 Misc $5,000 Total $50,500 GRAND TOTAL An amount not to exceed $450,000 Nelson\Nygaard Consulting Associates,Inc Professional Services Agreement—General Execution copy 8/29/18 DATE(MMIDDrYYYY} CERTIFICATE OF LIABILITY INSURANCE 7/1/2019 8/30/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT 444 W.47th Street,Suite 900 PHONE a°io No Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A:LM Insurance Corporation 33600 INSURED NELSON\NYGAARD CONSULTING ASSOCIATES,INC. INSURER B:Lloyds&London Co 1418374 116 NEW MONTGOMERY STREET,STE.,500 INSURER C:Liberty Mutual Fire Insurance Company 23035 SAN FRANCISCO CA 94105 INSURER D: NELSONWYGAARD I INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 15583237 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE 1=Wvp POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1000 000 C X Y N TB2661066787028 7/1/2018 7/1/2019 CLAIMS-MADE FRI OCCUR PREMISES Ea occurrence) $ 1 000 000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY❑PRO- LOC PRODUCTS-COMP/OPAGG 8 2 000 000 OTHER: C AUTOMOBILE LIABILITYY 11 AS2661066787018 7/1/2018 7/1/2019 COMBINED SIN LE LIMIT $ Ea accident 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY(Per accident) $ XXXXXXX AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY Per accident $ XXXXXXX UMBRELLA LIAB HOCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS-MADE AGGREGATE $ XXXXXXX DED I I RETENTION$ $ XXXXXXX WORKERS COMPENSATIONT X H Y/N Y A AND EMPLOYERS'LIABILITY WC5661066787038 7/1/2018 7/1/2019 SATUTE ET ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If DESCRIPTION OF OPERATIONS below describe under E.L.DISEASE-POLICY LIMIT $ 1000 000 B PROFESSIONAL N N LDUSA1801441 7/1/2018 7/1/2019 $1,000,000 PER CLAIM/$1,000,000 LIABILITY AGGREGATE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is rsqulrsd) RE:2018.0629-FORT WORTH TRANSIT MASTER PLAN.CITY OF FORT WORTH,ITS EMPLOYEES,OFFICERS,OFFICIALS,AND VOLUNTEERS ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY,AS REQUIRED BY WRITTEN CONTRACT.WAIVER OF SUBROGATION APPLIES TO WORKERS COMPENSATION/EMPLOYER'S LIABILITY WHERE ALLOWED BY STATE LAW AND AS REQUIRED BY WRITTEN CONTRACT, CERTIFICATE HOLDER CANCELLATION See Attachments 15583237 CITY OF FORT WORTH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN:JESSICA SANGSVANG THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN TN: STREET ACCORDANCE WITH THE POLICY PROVISIONS. FORT WORTH TX 76102 AUTHORIZED REPRESENTATIV(tI J M ©1988CIO15TCORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Miscellaneous Attachment: M452183 Certificate ID: 15583237 POLICY NUMBER:TB2661066787028 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations Any person or organization with whom you have All Locations agreed, through written contract, agreement or permit to provide additional insured coverage Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage"or"personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or"property damage"occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 Miscellaneous Attachment:M452184 Certificate ID: 15583237 POLICY NUMBER: TB2661066787028 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Insured — OWNERS, LESSEES or CONTRACTORS — COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization(s): Operations ANY PERSON OR ORGANIZATION TO WHOM ANY LOCATION WHERE YOU HAVE OR TO WHICH YOU ARE REQUIRED TO AGREED, THROUGH WRITTEN CONTRACT, PROVIDE ADDITIONAL INSURED STATUS IN AGREEMENT OR PERMIT TO PROVIDE WRITTEN CONTRACT, AGREEMENT OR ADDITIONAL INSURED COVERAGE FOR ERMIT EXCEPT WHERE SUCH CONTRACT COMPLETED OPERATIONS. OR AGREEMENT IS PROHIBITED BY LAW. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II—Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury" or "property damage" caused, in whole or in part,by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Miscellaneous Attachment:M524542 Certificate ID: 15583237 POLICY NUMBER: AS2-661-066787-018 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. Named Insured: Nelson 1 Nygaard Consulting Associates, Inc. Endorsement Effective Date: 7/1/2018 SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization to whom or which you are required to provide additional insured status or additional insured status on a primary basis, in a written contract or agreement, except where such contract or agreement is prohibited by law. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Miscellaneous Attachment:M103930 Certificate ID: 15583237 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Where required by written contract or written agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 07/01/18 Insured Perkins + Will, Inc. Policy No: See Attached Insurance Company LM Insurance Corp WC 00 03 13 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8J7J2018 - Ordinance No. 2$311-08-2018 DATE: Tuesday, August 7, 2018 REFERENCE NO.: G-19335 LOG NAME: 20TRANSIT MASTER PLAN STUDY FUNDING SUBJECT: Adopt Appropriation Ordinance Increasing Appropriations and Receipts in the Amount of$1,000,000.00 in the TPW Gas Lease Project Legacy Fund to Provide Funding for a Transit Master Plan Implementation Study and Authorize an Agreement with Nelson\Nygaard Consulting Associates, Inc., for a Transit Master Plan Implementation Study in the Amount of$450,000.00 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Appropriation Ordinance increasing appropriations and receipts in the 2018 Transit Master Plan Implementation Study Project (City Project No. 101674) in the amount of$1,000,000.00 from available funds in the TPW Gas Lease Project Legacy Fund; and 2. Authorize execution of a professional services agreement with Nelson\Nygaard Associates, Inc., for a Transit Master Plan Implementation Study in the amount of$450,000.00. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to appropriate residual funds from the TPW Gas Lease Project Legacy Fund (39303) for the purpose of funding work efforts associated with the upcoming Transit Master Plan Implementation Study for up to $450,000. The additional $550,000.00 will be available for related pilot projects following future City Council consideration. During the Council Workshop on June 5, 2018, staff outlined the needs for a Transit Master Plan Implementation Study to further assist in developing the City's vision for transit and transportation investments within the broader context of Tarrant County and the region. The Study will develop priorities that maximize the return on transit investments, identify land use and capital investment strategies to support the success of transit, provide advice on funding from potential partner-agencies within the County, NCTCOG, State and Federal sources, and provide a better understanding of emerging technology applications and private sector partnering. Nelson\Nygaard prepared the Trinity Metro Transportation Master Plan that was adopted by Trinity Metro in 2016. By engaging this firm, the City will be able to expand on the original work to evaluate the priorities of the City Council. A technical advisory team that includes representatives from Trinity Metro, Tarrant County, City staff, and various stakeholders has been assembled to guide the work of the group. This will ensure that the results are informed by the expertise of Trinity Metro and the Tarrant County Mayor's Council effort while also reflecting the priorities and realistic funding opportunities for the City of Fort Worth. On April 22, 2008, Council approved allocating unrestricted gas well revenues up to a total of $15,000,000.00 for street improvements (M&C G-16117). Staff has determined the streets obligated for Logname: 20TRANSIT MASTER PLAN STUDY FUNDING Page I of 2 this funding are complete. This Transit Master Plan Study meets the expenditure criteria of the Financial Management Policy Statement for Gas Well Revenues. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the current budget of the TPW Gas Lease Project Legacy Fund (39303). FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM _ Fund Department ccoun Project Program ctivity Budget Reference # �`moun ID ID Year (Chartfield 2)__ I CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Monty Hall (8662) ATTACHMENTS 1. 20TRANSIT MASTER PLAN STUDY FUNDING 39303 A018 v2.docx (Public) 2. FID Transit Study.pdf (CFW Internal) 3. Nelson Nygaard Form 1295 Certificate 100401375.pdf (Public) Logname: 20TRANSIT MASTER PLAN STUDY FUNDING Page 2 of 2 AC- ® DATE(MM/DD/YYYY) � , CERTIFICATE OF LIABILITY INSURANCE 7/1/2019 8i30i2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies NAME:CONTACT 444 W.47th Street,Suite 900 PHONE FAX (AICKansas City MO 64112-1906 E-MAIL (AC.No (816)960-9000 ADDRESS: INSURERS AFFORDING COVERAGE NAIC p INSURER A:LM Insurance Corporation 33600 INSURED NELSON\NYGAARD CONSULTING ASSOCIATES,INC. INSURER B:-Lloyds&London Co 1418374 116 NEW MONTGOMERY STREET,STE.,500 INSURER C:Liberty Mutual Fire Insurance Company 23035 SAN FRANCISCO CA 94105 INSURER D: NELSON\NYGAARD INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 15583237 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM/DD MM/DD LIMITS COMMERCIAL GENERAL LIABILITY $ 1000 000 UA-9—A RENTED C X Y N TB2661066787028 7/1/2018 7/1/2019 EACH OCCURRENCE CLAIMS-MADE 7 OCCUR PR MISES Ee occurrence) $ 1,000,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY 7 PE� F7 LOC PRODUCTS-COMP/OP AGG $ 2 000,000 OTHER: $ B,an C AUTOMOBILE LIABILITY Y N AS2661066787018 7/1/2018 7/1/2019 Ea aidelSINGLE LIMIT $ 1,000,000 IX ANY AUTO BODILY INJURY(Per person) $ XXXXXXX AUTOS ONLYOWNED SCHEDULED BODILY INJURY(Per accident) $ XXXXXXX AUTOS HIREDX AUTOS ONLY X AUUT S ONLDY Peer PEa.,ZI)AMAGE $ XXXXXXX $ XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS-MADE AGGREGATE $ XXXXXXX DED I I RETENTION$ $ XXXXXXX WORKERS COMPENSATION Y WC56610667870387/1/2018 7/1/2019 X STATUTE ETH A AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1000 000 OFFICER/MEMBER EXCLUDED? ❑N N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1.000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 1,000,000 B PROFESSIONAL N N LDUSA1801441 7/1/2018 7/1/2019 $1,000,000 PER CLAIM/$1,000,000 LIABILITY AGGREGATE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RE:2018.0629-FORT WORTH TRANSIT MASTER PLAN.CITY OF FORT WORTH,ITS EMPLOYEES,OFFICERS,OFFICIALS,AND VOLUNTEERS ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY,AS REQUIRED BY WRITTEN CONTRACT.WAIVER OF SUBROGATION APPLIES TO WORKERS COMPENSATION/EMPLOYER'S LIABILITY WHERE ALLOWED BY STATE LAW AND AS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION See Attachments 15583237 CITY OF FORT WORTH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN:JESSICA SANGSVANG THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN TN: STREET ACCORDANCE WITH THE POLICY PROVISIONS. FORT WORTH TX 76102 AUTHORIZED REPRESENTATIV f� © 1988C1015ZCORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Miscellaneous Attachment: M452183 Certificate ID: 15583237 POLICY NUMBER: TB2661066787028 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations Any person or organization with whom you have All Locations agreed, through written contract, agreement or permit to provide additional insured coverage Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage"or"personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or"property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 Miscellaneous Attachment:M452184 Certificate ID: 15583237 POLICY NUMBER: TB2661066787028 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Insured — OWNERS, LESSEES or CONTRACTORS — COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization(s): Operations ANY PERSON OR ORGANIZATION TO WHOM ANY LOCATION WHERE YOU HAVE OR TO WHICH YOU ARE REQUIRED TO AGREED, THROUGH WRITTEN CONTRACT, PROVIDE ADDITIONAL INSURED STATUS IN AGREEMENT OR PERMIT TO PROVIDE WRITTEN CONTRACT, AGREEMENT OR ADDITIONAL INSURED COVERAGE FOR ERMIT EXCEPT WHERE SUCH CONTRACT COMPLETED OPERATIONS. OR AGREEMENT IS PROHIBITED BY LAW. nformation required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II—Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule,but only with respect to liability for"bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Miscellaneous Attachment: M524542 Certificate ID: 15583237 POLICY NUMBER: AS2-661-066787-018 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. Named Insured: Nelson 1 Nygaard Consulting Associates, Inc. Endorsement Effective Date: 7/1/2018 SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization to whom or which you are required to provide additional insured status or additional insured status on a primary basis, in a written contract or agreement, except where such contract or agreement is prohibited by law. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section 11 - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Miscellaneous Attachment:M103930 Certificate ID: 15583237 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Where required by written contract or written agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 07/01/18 Insured Perkins + Will, Inc. Policy No: See Attached Insurance Company LM Insurance Corp WC 00 03 13 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 81712018 -Ordinance No. 23311-08-2018 DATE: Tuesday, August 7, 2018 REFERENCE NO.: G-19335 LOG NAME: 20TRANSIT MASTER PLAN STUDY FUNDING SUBJECT: Adopt Appropriation Ordinance Increasing Appropriations and Receipts in the Amount of$1,000,000.00 in the TPW Gas Lease Project Legacy Fund to Provide Funding for a Transit Master Plan Implementation Study and Authorize an Agreement with Nelson\Nygaard Consulting Associates, Inc., for a Transit Master Plan Implementation Study in the Amount of$450,000.00 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Appropriation Ordinance increasing appropriations and receipts in the 2018 Transit Master Plan Implementation Study Project (City Project No. 101674) in the amount of$1,000,000.00 from available funds in the TPW Gas Lease Project Legacy Fund; and 2. Authorize execution of a professional services agreement with Nelson\Nygaard Associates, Inc., for a Transit Master Plan Implementation Study in the amount of$450,000.00. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to appropriate residual funds from the TPW Gas Lease Project Legacy Fund (39303) for the purpose of funding work efforts associated with the upcoming Transit Master Plan Implementation Study for up to $450,000. The additional $550,000.00 will be available for related pilot projects following future City Council consideration. During the Council Workshop on June 5, 2018, staff outlined the needs for a Transit Master Plan Implementation Study to further assist in developing the City's vision for transit and transportation investments within the broader context of Tarrant County and the region. The Study will develop priorities that maximize the return on transit investments, identify land use and capital investment strategies to support the success of transit, provide advice on funding from potential partner-agencies within the County, NCTCOG, State and Federal sources, and provide a better understanding of emerging technology applications and private sector partnering. Nelson\Nygaard prepared the Trinity Metro Transportation Master Plan that was adopted by Trinity Metro in 2016. By engaging this firm, the City will be able to expand on the original work to evaluate the priorities of the City Council. A technical advisory team that includes representatives from Trinity Metro, Tarrant County, City staff, and various stakeholders has been assembled to guide the work of the group. This will ensure that the results are informed by the expertise of Trinity Metro and the Tarrant County Mayor's Council effort while also reflecting the priorities and realistic funding opportunities for the City of Fort Worth. On April 22, 2008, Council approved allocating unrestricted gas well revenues up to a total of $15,000,000.00 for street improvements (M&C G-16117). Staff has determined the streets obligated for Logname: 20TRANSIT MASTER PLAN STUDY FUNDING Page I of 2 this funding are complete. This Transit Master Plan Study meets the expenditure criteria of the Financial Management Policy Statement for Gas Well Revenues. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the current budget of the TPW Gas Lease Project Legacy Fund (39303). FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun 13 ID Year Chartfield 2 FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year ChartfieId 2 CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Monty Hall (8662) ATTACHMENTS 1. 20TRANSIT MASTER PLAN STUDY FUNDING 39303 A018 v2.docx (Public) 2. FID Transit Study.pdf (CFW Internal) 3. Nelson Nygaard Form 1295 Certificate 100401375.pdf (Public) Logname: 20TRANSIT MASTER PLAN STUDY FUNDING Page 2 of 2 AC ® DATE(MM/DD/YYYY) CC) CERTIFICATE OF LIABILITY INSURANCE 71/zo19 F8i3oi2ols THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT 444 W.47th Street,Suite 900 PHONE FAX Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A:LM Insurance Corporation 33600 INSURED NELSON\NYGAARD CONSULTING ASSOCIATES,INC. INSURERS:Lloyds&London Co 1418374 116 NEW MONTGOMERY STREET,STE.,500 INSURER C:Liberty Mutual Fire Insurance Company 23035 SAN FRANCISCO CA 94105 INSURER D: NELSONWYGAARD INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 15583237 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1000 000 C X Y N TB2661066787028 7/1/2018 7/1/2019 DAMAGE TO RENTE CLAIMS-MADE D }( OCCUR PREMISES Ea occurrence $ 1,000,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY❑JECT �LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ C AUTOMOBILE LIABILITY Y N AS2661066787018 7/1/2018 7/1/2019 COEe eBINEDISINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED AUTOS ONLY AUTOSULED BODILY INJURY(Per accident) $ XXXXXXX X HIRED X NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY Per accident $ XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAB HCLAIMS-MADE AGGREGATE $ XXXXXXX_ DED I I RETENTION$ $ XXXXXXX WORKERS COMPENSATIONX SPR TATUTE ETH Y A AND EMPLOYERS'LIABILITY Y/N WC5661066787038 7/1/2018 7/1/2019 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ 1.000.000 OFFICER/MEMBER EXCLUDED? FNJ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ I QOQ QQQ IIf y s,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$ 1.000.000 B PROFESSIONAL N N LDUSA1801441 7/1/2018 7/1/2019 $1,000,000 PER CLAIM/$1,000,000 LIABILITY AGGREGATE DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:2018.0629-FORT WORTH TRANSIT MASTER PLAN.CITY OF FORT WORTH,ITS EMPLOYEES,OFFICERS,OFFICIALS,AND VOLUNTEERS ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY,AS REQUIRED BY WRITTEN CONTRACT.WAIVER OF SUBROGATION APPLIES TO WORKERS COMPENSATION/EMPLOYER'S LIABILITY WHERE ALLOWED BY STATE LAW AND AS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION See Attachments 15583237 CITY OF FORT WORTH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN:JESSICA SANGSVANG THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 TEXAS STREET ACCORDANCE WITH THE POLICY PROVISIONS. FORT WORTH TX 76102 AUTHORIZED REPRESENTATIV ©1988C101,5ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Miscellaneous Attachment: M452183 Certificate ID: 15583237 POLICY NUMBER: TB2661066787028 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ izations : Locations Of Covered Operations Any person or organization with whom you have All Locations agreed, through written contract, agreement or permit to provide additional insured coverage Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or"property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 0 Miscellaneous Attachment:M452184 Certificate ID: 15583237 POLICY NUMBER: TB2661066787028 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Insured — OWNERS, LESSEES or CONTRACTORS — COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization(s): Operations ANY PERSON OR ORGANIZATION TO WHOM ANY LOCATION WHERE YOU HAVE OR TO WHICH YOU ARE REQUIRED TO AGREED, THROUGH WRITTEN CONTRACT, ROVIDE ADDITIONAL INSURED STATUS IN AGREEMENT OR PERMIT TO PROVIDE WRITTEN CONTRACT, AGREEMENT OR ADDITIONAL INSURED COVERAGE FOR ERMIT EXCEPT WHERE SUCH CONTRACT COMPLETED OPERATIONS. OR AGREEMENT IS PROHIBITED BY LAW. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II—Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Miscellaneous Attachment: M524542 Certificate ID: 15583237 POLICY NUMBER: AS2-661-066787-018 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. Named Insured: Nelson 1 Nygaard Consulting Associates, Inc. Endorsement Effective Date: 7/1/2018 SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization to whom or which you are required to provide additional insured status or additional insured status on a primary basis, in a written contract or agreement, except where such contract or agreement is prohibited by law. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Miscellaneous Attachment: M103930 Certificate ID: 15583237 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Where required by written contract or written agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 07/01/18 Insured Perkins + Will, Inc. Policy No: See Attached Insurance Company LM Insurance Corp WC 00 03 13 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION. Approved Qn.$1712018 -Ordinance No. 311-4$-2018 DATE: Tuesday, August 7, 2018 REFERENCE NO.: G-19335 LOG NAME: 20TRANSIT MASTER PLAN STUDY FUNDING SUBJECT: Adopt Appropriation Ordinance Increasing Appropriations and Receipts in the Amount of$1,000,000.00 in the TPW Gas Lease Project Legacy Fund to Provide Funding for a Transit Master Plan Implementation Study and Authorize an Agreement with Nelson\Nygaard Consulting Associates, Inc., for a Transit Master Plan Implementation Study in the Amount of$450,000.00 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Appropriation Ordinance increasing appropriations and receipts in the 2018 Transit Master Plan Implementation Study Project (City Project No. 101674) in the amount of$1,000,000.00 from available funds in the TPW Gas Lease Project Legacy Fund; and 2. Authorize execution of a professional services agreement with Nelson\Nygaard Associates, Inc., for a Transit Master Plan Implementation Study in the amount of$450,000.00. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to appropriate residual funds from the TPW Gas Lease Project Legacy Fund (39303) for the purpose of funding work efforts associated with the upcoming Transit Master Plan Implementation Study for up to $450,000. The additional $550,000.00 will be available for related pilot projects following future City Council consideration. During the Council Workshop on June 5, 2018, staff outlined the needs for a Transit Master Plan Implementation Study to further assist in developing the City's vision for transit and transportation investments within the broader context of Tarrant County and the region. The Study will develop priorities that maximize the return on transit investments, identify land use and capital investment strategies to support the success of transit, provide advice on funding from potential partner-agencies within the County, NCTCOG, State and Federal sources, and provide a better understanding of emerging technology applications and private sector partnering. Nelson\Nygaard prepared the Trinity Metro Transportation Master Plan that was adopted by Trinity Metro in 2016. By engaging this firm, the City will be able to expand on the original work to evaluate the priorities of the City Council. A technical advisory team that includes representatives from Trinity Metro, Tarrant County, City staff, and various stakeholders has been assembled to guide the work of the group. This will ensure that the results are informed by the expertise of Trinity Metro and the Tarrant County Mayor's Council effort while also reflecting the priorities and realistic funding opportunities for the City of Fort Worth. On April 22, 2008, Council approved allocating unrestricted gas well revenues up to a total of $15,000,000.00 for street improvements (M&C G-16117). Staff has determined the streets obligated for Logname: 20TRANSIT MASTER PLAN STUDY FUNDING Page I of 2 this funding are complete. This Transit Master Plan Study meets the expenditure criteria of the Financial Management Policy Statement for Gas Well Revenues. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the current budget of the TPW Gas Lease Project Legacy Fund (39303). FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project JProgram ctivity Budget Reference # 1moun ID ID Year Chartfiold 2 FROM r-6—ndrtme—n?Depaccoun Project Program ctivi �71ty Budget Reference # ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Monty Hall (8662) ATTACHMENTS 1. 20TRANSIT MASTER PLAN STUDY FUNDING 39303 A018 v2.docx (Public) 2. FID Transit Study.pd (CFW Internal) 3. Nelson Nygaard Form 1295 Certificate 100401375.pdf (Public) Logname: 20TRANSIT MASTER PLAN STUDY FUNDING Page 2 of 2