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HomeMy WebLinkAboutContract 40019CITY SECRETARY CONTRACT NO. loo 19 PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation situated in portions of Tarrant, Denton, Parker and Wise Counties, Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and HDR Engineering, Inc. ("Consultant"), acting by and through Ramon F. Miguez, its duly authorized Vice President. 1. SCOPE OF SERVICES. 1.1 Consultant hereby agrees to provide the City with professional consulting services for the purpose of providing planning and engineering design consultant services for the City's proposed Modern Streetcar System. Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit A, Scope of Services, more specifically describing the services to be provided hereunder. 1.2 Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any additional work resulting from oral orders of any person. 2. TERM. This Agreement shall commence upon � t�V� � � �� � ZG) � ("Effective Date") and shall expire on h9jj i ,` el (V) 11 nless terminated earlier in accordance with the provisions of this Agreement. 3. COMPENSATION. The City shall pay Consultant an amount not to exceed $821,409.00 in accordance with the provisions of this Agreement and the Fee and Payment Schedule attached as Exhibit B, which is incorporated for all purposes herein. 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. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by the City of Consultant's invoice for payment of same. RECORD Professional Services Consultant Agreement it CITY SI=CRETARY FTo WORTH, TX 4. TERMINATION. 4.l . Written Notice. The City or Consultant may terminate this Agreement at any time and for any reason by providing the other party with 30 days written notice of termination. 4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Consultant of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, the City shall pay Consultant for services actually rendered up to the effective date of termination and Consultant shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination. All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 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. Consultant, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. 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. Professional Services 2 Consultant Agreement 6. RIGHT TO AUDIT. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the consultant involving transactions relating to this Contract at no additional cost to the City. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant reasonable advance notice of intended audits. 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 the right to examine at reasonable times any directly pertinent books, 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 reasonable notice of 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 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. 8. LIABILITY AND INDEMNIFICATION. CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, Professional Services 3 Consultant Agreement HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PR OPER TY DA MA GE OR LOSS (INCL UDING A LLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANYAND ALL PERSONS, OF ANYKIND 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. 10. INSURANCE. Consultant shall provide the City with certificates) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement. 10.1 Coverage AT; (a) Commercial General Liability $1,000,000, Each Occurrence $1,000,000, Aggregate (b) Automobile Liability $1,000,000, Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by the Consultant, its employees, agents, representatives in the course of the providing services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non - owned Professional Services 4 Consultant Agreement (c) Worker's Compensation -Statutory limits Employer's liability $100,000, Each accident/occurrence $100,000, Disease - per each employee $500,000, Disease - policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee (d) Professional Liability (Errors &Omissions) $1,000,000 Each Claim Limit $1,000,000 Aggregate Limit If coverage is written on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement. The insurance shall be maintained for the duration of the contractual agreement and for five (5) years following the completion of the service provided under the contractual agreement. The certificate of insurance shall state that the coverage is claims -made, and include the retroactive date. An annual certificate of insurance shall be submitted to the City to evidence coverage. 10.2 General Requirements. (a) The commercial general liability and automobile liability policies shall name the City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of the City of Fort Worth. (c) A minimum of thirty (30) days notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent Professional Services $ Consultant Agreement to the Risk Manager, City of Fort Worth, 1000 1 hrockmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of the City to request required "insurance documentation shall not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that the Consultant has obtained all required insurance shall be delivered to the City prior to Consultant proceeding with any work pursuant to this Agreement. 11. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. Consultant agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies Consultant of any violation of such laws, ordinances, rules or regulations, Consultant shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Consultant, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Consultant's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non-discrimination covenant by Consultant, its personal representatives, assigns, subcontractors or successors in interest, Consultant agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. 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, or (2) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: Professional Services Consultant Agreement To The CITY: To CONSULTANT: City of Fort Worth HDR Engineering, Inc. Attn: Planning & Development Department 210 East 3rd Street 1000 Throckmorton Street Suite 300 Fort Worth TX 76102-6311 Fort Worth, TX 76102 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. 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. 16. NO WAIVER. The failure of the City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW /VENUE. This Agreement shall be construed in accordance with the 1 laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis %J 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 by any court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement 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 Professional Services � Consultant Agreement 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. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 22. AMENDMENTS /MODIFICATIONS / EXTENSTIONS. No extension, modification or amendment of this Agreement shall be binding upon a party hereto unless such extension, modification, or amendment is set forth in a written instrument, which is executed by an authorized representative and delivered on behalf of such party. 23. ENTIRETY OF AGREEMENT. This Agreement, including the schedule of 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 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. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. [SIGNATURE PAGE FOLLOWS] Professional Services $ Consultant Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this day of ;',-i 1 , 201 0 . CITY OF FORT WORTH: By:� Assistant City Manager HDR ENGINEERING, INC.: By: Name: Ramon Miguez Title: Vice President Date: 4V�zz�p Date: 4/22/2010 ATTEST: By: 0R�G�,� 00 Marty Hendr , y SecrCit oq, oop000 ° °oabi+ 19 % 0 APPROVED AS TO FO °° D °©° MELISSA B. WEIN®ERA s LEGALITY: a �O°O0"° ����Y� ,,r� �t°ry PubllC, State of Texas 4b�,Cx'� �p �.,,,�°FA6ommisslonEVIres07.31-10 B . y .. UIA la vn Assistant City Attorney CONTRACT AUTHORIZATION: Date Approved: 41 (Q � l7 Professional Services Consultant Agseement 0 WORTH, TIC EXHIBIT A FORT WORTH MODERN STREETCAR PLANNING AND DESIGN SCOPE OF SERVICES Project Workplan —Purpose and Content: This Workplan is intended to guide the completion of Project Tasks as described below. The Workplan articulates the Scope of Work into specific Tasks and Subtasks and details the Deliverables for each. A Task Schedule is included and is keyed to the Date of Planned Completion for each Deliverable. This plan may be revised as Phase 1 is completed, and as work proceeds into Phase 2 based on project development decisions made during Phase L The Consulting Team —Allocation of Tasks: The Consultant team for the project has been assembled, consisting of Consultant and subconsultant staff, as identified in the original proposal and as detailed in the task assignments below. The description of tasks and responsibilities below clearly delineate lead responsibilities for tasks and subtasks. In addition, a small amount of general on -call support is expected from each subconsultant, as requested by the Consulting Team Project Manager. Project Management Team —Description of Responsibilities: City of Fort Worth Project Manager: Management responsibility for the project is vested in City's Project Manager, David Gaspers. Mr. Gaspers will supervise the work of the consulting team as it performs the tasks detailed in the project's Scope of Work. He will facilitate and support the function of all aspects of the Project. Fort Worth Transportation Authority Project Manager: Mr. Gaspers will be assisted by the Fort Worth Transportation Authority's Project Manager, Carl Weckenmann, who will represent the Fort Worth Transportation Authority in this project and coordinate the involvement of other Fort Worth Transportation Authority staff in the project. North Central Texas Council of Governments (NCTCOG) Project Manager: Mr. Gaspers will also be assisted by the North Central Texas Council of Government's Project Manager, Tom Shelton, who will represent the North Central Texas Council of Governments in this project and coordinate the involvement of other NCTCOG staff in the project. Consulting Team Project Manager: Overall consulting team management responsibility for the project is assigned to Charles Hales of Consultant. Mr. Hales will be responsible for coordinating all in-house and subconsultant activities, and will lead the completion of the project's technical work. He will be the primary point of contact for the consulting team. Professional Services j Consultant Agreement Communications It is the goal of the Consultant team to work as a specialized extension of City of Fort Worth, Fort Worth Transportation Authority, and NCTCOG staff in advancing the Project, and to support both the "big picture strategy" and the "small details" of the project's work in ways that reflect well on the City, the Fort Worth Transportation Authority and NCTCOG. To ensure appropriate communication among the team members, the consulting team will direct project communication primarily through the Consulting Team Project Manager and on particular Tasks, the Task Leader assigned. For purposes of consistency and coordination, most project communication will be through these key staff. Likewise, most project communication at the City, the Fort Worth Transportation Authority and NCTCOG will be directed through the City's, Fort Worth Transportation Authority's, and NCTCOG's Project Managers. The Consultant team will coordinate its activities with the City Project Manager in order to ensure regular reporting of project activities and progress through summary progress reports accompanying each invoice. Project Plan and Phasing The consulting team's effort is organized into two phases. The first phase will focus on project definition, through completion of tasks to determine guiding principles and design assumptions for the project. A review of bus options, including optimal integration with the existing bus route structure, will be conducted. A utility review and a determination about the type and schedule of an environmental document will be completed. Economic impact analysis and ridership estimates will be completed. Key intended results of the Phase 1 work are to set the parameters for subsequent phases and to inform a project phasing recommendation at the completion of the next set of tasks. Phase 2 will determine whether a modern streetcar system should be part of Fort Worth's overall transportation plan at this or any other time. As applicable, this phase will recommend an initial phase and future phases for implementation, including a business and financial plan for the project. The Modern Streetcar Task Force will review the deliverables associated with Phase 1 and provide recommendations to the Fort Worth City Council and the Fort Worth Transportation Authority Board. The Consultant will only begin tasks within Phase 2 after presentations to the Fort Worth City Council and the Fort Worth Transportation Authority Board. Project management and public outreach tasks will occur through the life of the Project. Professional Services 2 Consultant Agreement PHASE 1 — ALIGNMENT EVALUATION AND DEFINITION, ECONOMIC ANALYSIS AND COST ESTIMATES Task 0 -Project Management, Administration and Coordination Starting with a kickoff meeting following Notice to Proceed, the team will maintain close communication with the City, Fort Worth Transportation Authority, and NCTCOG Project Managers, to ensure measurable progress and timely completion of the project tasks. Project tracking will be conducted either through onsite meetings or via conference calls, as directed by the Project Managers. Some of these meetings will likely be scheduled to coincide with key project workshops. Arrangements may be made to meet more or less frequently in special circumstances, or as the project requires. Project management tasks will include creating agendas for meetings, preparing minutes, and establishing the Administrative Record for the Project, budget and scope control, and monthly invoicing and project status reports. The project will be initiated with a Kickoff Workshop, guided by a detailed agenda to be prepared by the Consultant Project Manager, in consultation with the City, Fort Worth Transportation Authority, and NCTCOG Project Managers. Portions of the workshop will be attended by Consultant and Subconsultant Task Managers. This workshop will address the project's Guiding Principles (Scope of Work Task 6), address data needs and establish lines of communication for the technical work to be completed. Monthly written progress reports will accompany each invoice, designed as well for use in the City's computerized project management system; combined with evidence of the work accomplished since the previous report. The report will contain bar charts indicating the percentage of work completion of each task. Deliverables: (1) A Project Workplan detailing task assignments, deliverables, dates, and responsibilities. (2) A Project Kickoff Workshop that includes work sessions with key City, Fort Worth Transportation Authority, and NCTCOG staff, and meeting(s) with the Modern Streetcar Task Force. (3) Monthly Progress Reports completed no later than the tenth day of the succeeding month. DATE OF PLANNED COMPLETION: At Notice -to -Proceed for (1); May 5-6, 2010 for (2); ongoing for (3). DELIVERABLE RESPONSIBILITIES: Consultant Professional Services 3 Consultant Agreement Task I -,Alignment Selection and Development of Design and Operation Assumptions The purpose of this task is to evaluate potential alignments and provide assumptions to be used for developing the economic impact analysis, ridership projections, and construction and operating cost estimates. The Consultant shall review previous studies, including: the Fixed -Rail Trolley Line Feasibility Study (1998), Fort Worth Transit Alternatives Analysis (2002), The T's Strategic Plan (2005), Central City Redevelopment Committee White Paper (2008), Modern Streetcar Study (2008) and the Mobility and Air Quality Plan (2009). Potential alignments in Downtown shall include a connection to the Intermodal Transportation Center. Outside Downtown, the alignments to be evaluated shall include: South Main Street, Magnolia Avenue, East Rosedale Street, North Main Street, and West 71h Street. The Consultant shall provide an independent recommendation on potential alignments. Consultant will communicate with NCTCOG and utilize relevant NCTCOG data with applicable subtasks. A. Provide design assumptions of potential alignments, including traction power system standards, typical sections, guidelines for lane selection in streets, substation requirements, station/stop locations and appropriate guidelines for utility relocation, signal modifications, and roadway reconstruction. This task will include identification of alternatives, development of evaluation criteria, evaluation of alternatives and recommendations for: • Alignment • Station/stop locations • Maintenance facility location and building requirements B. Provide operational assumptions including headways, hours of service, fare system, maintenance facility needs and potential maintenance facility locations. C. Provide preferred technology options including vehicle specifications, propulsion system, fare collection method, and information and communication requirements. D. Assess vehicle procurement timelines and preferred vehicle selection process. E. Identify the preferred connection to the Intermodal Transportation Center (ITC). G. Identify potential benefits and issues associated with initially single -tracking routes. H. Assess issues with any necessary railroad and bridge crossings and clearances. I. Assess issues with operation of a streetcar network in relation to multiple routes and termini. J. Evaluate Bus -Rapid Transit as a mode for potential alignments and provide a preferred scheme for the best utilization of existing or new bus routes to complement the Bus -Rapid Transit and streetcar alignments. This task will include development of evaluation criteria, including, but not limited to, cost (capital and operating), development/economic impacts, consistency with City of Fort Worth Comprehensive Plan and subarea/neighborhood plans, etc. K. Conduct a basic utility review indicating those utilities that will likely need to be relocated based on the utility relocation guidelines developed in the design assumptions. L. Determine the type and schedule for preparation of an environmental document for the project. Professional Services 4 Consultant Agreement M. Coordination with streetscape, street/bridge reconstruction, and adjacent private construction projects — Consultant will coordinate with City planning and infrastructure departments to receive information on public and private projects that will or may directly influence the development of the streetcar starter system. Consultant will also communicate with NCTCOG on developments associated with the proposed grade separation solutions at Tower 55. Task 1 Deliverables: (1) A Design Assumptions Technical Memorandum that includes: • Alignment geometrics (scale will be determined by that of the aerial photography) • Track type • Turnouts • Stray current protection • Utility relocation guidelines • Traction power system standards and typical sections • Substation requirements (both footprint and capacity) • Typical Station Stops and footprint requirements • Vehicle dynamic envelope • Traffic signal modification guidelines • Maintenance facility location and building requirements • A utility review that includes a tabulation of the utilities in the corridor and provides an indication of those utilities that will likely need to be relocated based on the utility relocation guidelines developed in the design assumptions. (2) An Alignment Refinement Technical Memorandum that includes: • Operational assumptions (to be used further in the development of an operating cost estimate —see Task 3 below) • Alignment issues (Scope Subtasks E — I) • A Bus Rapid Transit Option review that evaluates the costs and benefits of using a bus project to serve the same operating and alignment assumptions (3) A Vehicle Options Review Technical Memorandum that includes: Professional Services $ Consultant Agreement • Operational assumptions (to be used further in the development of an operating cost estimate — see Task 3 below) • Vehicle type and technology options, recommended general specifications, as well as likely vehicle procurement timelines and a recommended approach to vehicle procurement and selection DATE OF PLANNED COMPLETION: May 17, 2010 for (1) and (3), June 14, 2010 for (2) DELIVERABLE RESPONSIBILITIES: Consultant, with support from LTK, CAI, and ANA Task 2 —Economic Development Impact Analysis The purpose of this task is to provide an analysis of economic development potential of properties within a 1/4 mile buffer of selected alignments. Items to be considered will include: • An analysis of vacant and under -developed sites and their development potential, • Projected property value appreciation and forecasted increase in property tax revenues over a no -build scenario, • Projected new residential units, • Projected new commercial square feet Consultant will prepare a summary of development potential along the alignments, the potential revenue the development could generate, and the potential for public -private partnerships for real estate development. As a component of this task, the Consultant team will conduct a land use analysis to understand the best and highest uses of adjacent land in order to provide expanded funding probability and optimized ridership. This analysis will be conducted using a spreadsheet -based model to calculate the anticipated benefits to ridership as land uses around the alignment(s) change. As public -private partnerships are built to support this project, this analysis will be used to prioritize alignment decisions and inform the development of public -private partnerships. Consultant will utilize NCTCOG population and employment projections and data on regional public private partnerships. The outcome of this analysis will be a projected total economic impact of the alignments) which will assist in the development of the financial package and a project phasing recommendation. Consultant will also identify the effect on Fort Worth Convention Center scheduling and general attendance and impacts to ridership and funding of the streetcar. Consultant will also conduct an evaluation of the streetcar on parking demand in the corridor. Task 2 Deliverables: Professional Services Consultant Agreement 1. A Technical Memorandum describing the total potential economic impact of the streetcar including the potential role of public -private partnerships and the analysis of the components of the economic impact. DATE OF PLANNED COMPLETION: July 31, 2010 DELIVERABLE RESPONSIBILITIES: Consultant Task 3 —Ridership, Initial Capital and Operating Cost Estimates The purpose of this task is to provide estimated ridership and operating costs of selected alignments based on the findings and assumptions developed in Task 1 and the economic development projected in Task 2. Consultant will communicate with NCTCOG and utilize pertinent NCTCOG data, including but not limited to regional rail phasing, existing and projected regional rail ridership, and regional travel demand modeling, with this task. A "market based" approach of streetcar ridership forecasting shall be used for this analysis. The most recent Regional Travel Demand Model will be reviewed for the study area and used as an input to the subarea model and refined. The following steps outline the ridership analysis methodology — • Identify the streetcar market area • Create market area traffic analysis zones and estimating zonal land use • Calculate the number of daily trips generated within the streetcar. market areas • Distribute the market -area trips • Forecast trip market -share of the selected streetcar alignment segments, and thus generating: o Estimated ridership for opening year of service. o Estimated ridership for the Sth year of service. An initial planning level capital cost estimate, segmented to the potential alignments will be produced, using cost data from recent streetcar projects, engineering data produced thus far in the technical work on this project, and agreed -upon contingency amounts. An operating cost forecast will be developed using agreed -upon assumptions about headways, fares and hours of service, and the best available local cost factors. Runtimes will be calculated and overall revenue vehicle hours will be developed, as well as other operating cost factors, thus generating: • Capital Cost Estimate for the starter alignment, and • Estimated 5-year operating and maintenance cost forecast. Professional Services '] Consultant Agreement Task 3 Deliverables: (1) A Technical Memorandum describing the methodology and results of the ridership forecast. (2) A Technical Memorandum and Spreadsheet describing the methodology and results of the capital and operating and maintenance cost forecasts. DATE OF PLANNED COMPLETION: July 225 2010 for (1) and (2) DELIVERABLE RESPONSIBILITIES: Dunbar for (1), Consultant, with support from LTK for (2) PHASE 2 —BUSINESS PLAN AND PHASING RECOMMENDATION Task 4 —Business Plan The purpose of this task is to determine whether a modern streetcar system should be part of Fort North's overall transportation plan at this or any other time, and to provide the framework for the organizational and financial structures necessary for a streetcar system in Fort Worth. Consultant will coordinate closely with NCTCOG to identify innovative financing and organizational approaches to rail projects with this task. This task's schedule and deliverables is anticipated to proceed as proposed and as outlined below. A. Organizational Plan i. Identify the preferred organizational structure including defined roles for the City of Fort Worth, The Fort Worth Transportation Authority, Tarrant County, NCTCOG, and others as necessary. Consultant will identify potential organizational structures for both the development and operating of the streetcar and how the potential structures fit into the context of the NCTCOG Metropolitan Transportation Plan. Each structure will be evaluated and include pros and cons for both the development and operating of the streetcar. This evaluation will be reviewed with the key stakeholders, with the development of a preferred scenario as the outcome of this task. Identify the preferred administrative structure including management roles, staffing demands, training requirements, etc. Professional Services $ Consultant Agreement Once a preferred organization structure is determined, Consultant will develop an implementation plan and timeline that delineates the overall structure for both the development and operating of the streetcar. An estimate of the staffing needs for both the construction and operating will be identified and will include a recommendation of which functions should be provided by the organization and which should be provided by a third party. B. Financial Plan i. Review and assess funding options. Consultant will, working with the City of Fort Worth, the Fort Worth Transportation Authority, the Modern Streetcar Task Force and NCTCOG, compile a list of potential funding options and financing mechanisms for consideration. Research and analysis already completed for the Fort Worth Streetcar project and by NCTCOG will be utilized and not duplicated. Effort will be focused on any financial mechanisms unique to the study area and to the particular economic and financial circumstances of the study area. ii. Provide recommendation regarding the most viable and expedient financial package. The Project Team will discuss methods used successfully in other communities with the Modern Streetcar Task Force and NCTCOG to preliminarily assess their applicability and feasibility in Fort Worth (legally, politically, economically, and otherwise). Some of the initial options under consideration include, but are not limited to, financing mechanisms such as surcharges or fees (parking, hotel, etc.), tax increment financing (TIF), "transportation overlay district" or benefit assessment district, and other options to leverage private partner funding commitments. Consultant and NCTCOG will also identify additional creative, non-traditional funding options and mechanisms for consideration, and will solicit input from local stakeholders and working committees. Consultant will conduct a half day workshop with key stakeholders to review and identify the potential funding sources to include the pros and cons of each source. The outcome of this workshop will be to develop a list of sources with the most opportunity for implementation. Ranges of funding for the refined list of potential sources will be calculated and compared to the estimated capital costs and annual operating costs to develop the financial package. The financial package will be refined as the capital and operating costs are refined during the process. Professional Services 9 Consultant Agreement Provide a timeline and step-by-step procedures to implement the recommended financial package. Consultant will develop a timeline and procedures to implement the financial package. Included will be an identification of any legislative, legal, and political issues that could impact the implementation of the various mechanisms. iv. Assist in assessment of stakeholder willingness to participate in financing options. Consultant, with Shiels, Obletz, Johnsen (subconsultant) will assist in meeting with the stakeholders to discuss the potential financing options. Consultant will assist in identifying potential key public and private sector partners, including those currently participating in the planning process and others not yet engaged. For each key potential partner, Consultant will identify and quantify anticipated partner benefits from the proposed streetcar investment, preparing a list of potential financing mechanisms and resources specifically related to that partner, and financial participation rates commensurate with the benefits accrued to that specific partner. The result of this task will be a comprehensive review of potential funding options and financing mechanisms addressing needs and resources within the corridor in general, but also focused on the benefits and resources available from specific institutional and private sector partners benefiting from the streetcar investment. Consultant will coordinate with the City of Fort Worth, the Fort Worth Transportation Authority and Modern Streetcar Task Force as appropriate throughout this task. v. Explore, evaluate and document opportunities for cooperative effort between this and other planned streetcar projects, especially concerning the project under development by the City of Dallas and Dallas Area Rapid Transit (DART). Possible cooperative efforts include, are not limited to joint specifications for vehicles, joint procurement of vehicles and joint procurement of other project components such as rail or substations. Incorporating the results of all project work to date, Consultant will work with the stakeholders to develop a project phasing recommendation. Key to the development of this recommendation will be the availability of funding and potential ridership and development. These recommendations will be considered in workshops or meeting with the Modern Streetcar Task Force, the City Council and the Fort Worth Transportation Authority's Board of Directors, as appropriate. Professional Services 10 Consultant Agreement Task 4 Deliverables: (1) Business Plan: The plan will determine whether a modern streetcar system should be part of Fort Worth's overall transportation plan at this or any other time. The plan will describe revenue sources and revenue estimates and also detail scenarios for the financing of capital and operations costs. The plan will also review and evaluate organizational options, and options for coordinated effort with other streetcar projects. (2) Phase 1 and 2 Summary Report, incorporating the contents of completed Technical Memoranda and Business Plan, summarizing progress to date and, as applicable, recommending an initial project phase and future phases. (3) Presentation, to be used in Committee, Council or Board presentations, presenting the key findings and results of Phase 1 and 2 Tasks, along with the rationale and recommendations for an initial project phase. DATE OF PLANNED COMPLETION: June 28, 2010 for (1); August 9, 2010 for (2) DELIVERABLE RESPONSIBILITIES: Consultant, with support from LTK and Shiels, Obletz, Johnsen Task 5 —Public Involvement The purpose of this task is to ensure transparency in the planning process while receiving input and building consensus among stakeholders throughout Phase 1 and 2. The City's Community Relations Department will take an active role in organizing and executing pertinent portions of this task. A steering committee will be formed with representatives from key stakeholder groups to provide guidance to the consultant throughout the process. A. Conduct up to seven meetings with the steering committee and pertinent City and The Fort Worth Transportation Authority staff. B. Provide briefings at the conclusion of Phase 1 to the City Council and The Fort Worth Transportation Authority Board of Directors, and provide final briefings at the conclusion of Phase 2 to the City Council and The Fort Worth Transportation Authority Board of Directors. C. Provide up to three briefings to pertinent TIF boards. D. Conduct up to three community meetings to update and receive feedback from citizens. E. Prepare meeting displays and conduct the technical presentation of these displays. Document the community meeting by transcription summary of pertinent comments. Prepare necessary written responses to questions received at the community meetings. Professional Services 11 Consultant Agreement F. Communicate with the Project Managers (City, Fort Worth Transportation Authority, NCTCOG) on a regular basis to report on the progress of the project. G. Establish gung principles for the project. Task 5 Deliverables: (1) Public Involvement Plan outlining guiding principles, key objectives, schedule of milestones, methods and timing of informing the public and key stakeholders, required materials (branding, communications/ marketing, public education, media) and' recommended system for tracking and responding to issues and public comments (2) Stakeholder meeting coordination and implementation to include: a. Logistical support (securing venue, coordinating invitations and attendance) .Development of meeting materials (agendas, handouts, exhibits/displays, audio/visual equipment and support) c. Documentation and distribution of meeting attendance, minutes and stakeholder comments (3) Community/public meeting coordination and implementation to include: a. Logistical support (securing venue, announcing/promoting meetings, coordinating invitations and attendance) ,Development of meeting materials (agendas, handouts, exhibits/displays, audio/visual equipment and support) c. Development of media materials (displays, press releases, briefing packets) d. Documentation of meeting attendance, minutes and public comments e. Preparation of a video simulation of the planned streetcar project in operation on portions of the selected Phase 1 alignment (4) Web -based media support, to include: a. Development and periodic updating of a microsite to be incorporated into the City webpage devoted to this project b. Distribution of key project information and event announcements through Facebook and other social media in accordance with any applicable City social media policy. DATE OF PLANNED COMPLETION: May 15, 2010 for (1); ongoing, as scheduled, for (2), Professional Services 12 Consultant Agreement (3) and (4) DELIVERABLE RESPONSIBILITIES: Open Channels Group, with support from Consultant through Project Manager and Task Leaders Professional Services 13 Consultant Agreement EXHIBIT B FORT WORTH MODERN STREETCAR PLANNING AND DESIGN FEE AND PAYMENT SCHEDULE Consultant shall be compensated a total lump sum fee of $821,409.00. Payment of the total lump sum fee shall be considered full compensation for the services described in Exhibit A for all labor materials, expenses, supplies, and equipment necessary to complete the project. The Modern Streetcar Task Force will review the deliverables associated with Phase 1 and provide recommendations to the Fort Worth City Council and the Fort Worth Transportation Authority Board. The Consultant will only begin tasks within Phase 2 after presentations to the Fort Worth City Council and the Fort Worth Transportation Authority Board. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by the City of Consultant's invoice for payment of same. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of the Consultant. The project schedule is designed to complete within twelve (12) calendar months. The schedule shown below is representative of the expected project schedule based on issuance of Notice -to - Proceed by late April 2010f Payment shall be made to the Consultant monthly upon the City's approval of an invoice from the Consultant outlining the estimated current percent complete of each task for the project. The monthly payment shall include payment for planning and design services, as well -as subconsultant fees for respective tasks. The estimated fees for the project phases and tasks are as follows: Consultant Task 0: Project Management = $52,708.41 Task 1: Recommended Alignment Evaluation and Development of Design and Operation Assumptions = $172,368.12 Task 2: Economic Development Impact Analysis = $132,087.29 Task 3: Ridership, Initial Capital and Operating Cost Estimates = $59,854.38 Task 4: Business Plan = $150,286.49 Task 6: Public Involvement = $38,104.31 Consultant Subtotal Fees= $605,409.00 Subconsultants Professional Services 14 Consultant Agreement *Open Channels Group, LLC = $61,000.00 *ANA Consultants, LLC = $27,000.00 LTK = $38,000.00 *Dunbar Transportation Consulting = $74,000.00 SOJ = $163000.00 (*Certified DBE Subconsultant) Subconsultant Fees= $2109000.00 Total Project Fees = $821,409.00 Consultant shall submit to the City's designated representative monthly progress reports covering all phases of the project by the 15th of every month in a format agreed upon by the City and Consultant. Professional Services 15 Consultant Agreement M&C C-24] UJ' Revisions RECOMMENDATION: r Od It is recommended that the City Council authorize the City Manager to execute a Professional Services Agreement with HDR Engineering, Inc., in the amount of $821,409 for the preparation of planning and design documents for the Modern Streetcar Project. DISCUSSION: A Request for Qualifications (RFQ No. 09-0204) for modern streetcar planning and design services was issued in September 2009. A consultant selection panel consisting of eight members of the Mayor and Council appointed Modern Streetcar Task Force, chose HDR Engineering, Inc., based on the merits of their submittal and subsequent interview. In July 2008, the Mayor and City Council appointed a Modern Streetcar Study Committee to evaluate the feasibility of developing a modern streetcar system to complement the regional rail system, including identifying a starter alignment and recommending implementation steps. In December 2008, the Modern Streetcar Study Committee recommended to the City Council next steps for implementation of a modern streetcar system that would connect Downtown with up to six urban villages. One of the first steps recommended is to hire a consultant to conduct additional planning work and to prepare the schematic design of the streetcar alignments. In July 2009, the Regional Transportation Council (RTC) allocated $1.6 million in Congestion Mitigation and Air Quality (CMAQ) Improvement Program federal funds for the streetcar project. A $400,000.00 local match is required for the CMAQ funds for a total of $2.0 million for planning and design work. The City Council approved the use of $200,000.00 from 2004 Urban Development bond funds for the project in April 2009 (M&C G-16536). The Fort Worth Transportation Authority (The T) Board of Directors completed the allocation of $200,000.00 in matching funds in September 2009. On September 22, 2009, (M&C G-16708) the City Council authorized acceptance of CMAQ funds in the amount of $1,600,000.00 for planning and design of a modern streetcar. At the same time, the City Council authorized the execution of a Local Project Advance Funding Agreement with the Texas Department of Transportation (TxDOT) and the execution of an Interlocal Agreement with The T. The Funding Agreement with TxDOT and the Interlocal Agreement with The T were executed in February 2010. The City has negotiated an agreement with the consultant for phase one and two in the amount of $821,409.00. The consultant will brief the City Council on phase one before proceeding to phase two, and will work closely with the North Central Texas Council of Governments during both phases. It is understood that the streetcar project will complement, not compete with the regional rail system and will not divert any local, state, or federal funds from current commuter rail projects. City staff considers this fee to be fair and reasonable for the scope of services proposed. HDR Engineering, Inc., is in compliance with the City 's DBE Ordinance by committing to 21 percent DBE participation. The City's goal on this project is 20 percent. The project is applicable CITYWIDE. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Grants Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR74 531200 006302406010 $821,409.00 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved As Amended on 4/6/2010 -Amendment Highlighted in Yellow CONTINUED FROM A PREVIOUS WEEK DATE: Tuesday, February 23, 2010 REFERENCE NO.: C-24103 LOG NAME: 06MODERN STREETCAR PROJECT CONSULTANT CONTRACT SUBJECT: Authorize the Execution of a Professional Services Agreement with HDR Engineering, Inc., in the Amount of 6 $821,409 for the Modern Streetcar Planning and Design Project RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Professional Services Agreement with HDR Engineering, Inc., in the amount of $1,880,800.00 for the preparation of planning and design documents for the Modern Streetcar Project. DISCUSSION: A Request for Qualifications (RFQ No. 09-0204) for modern streetcar planning and design services was issued in September 2009. A consultant selection panel consisting of eight members of the Mayor and Council appointed Modern Streetcar Task Force, chose HDR Engineering, Inc., based on the merits of their submittal and subsequent interview. In July 2008, the Mayor and City Council appointed a Modern Streetcar Study Committee to evaluate the feasibility of developing a modern streetcar system to complement the regional rail system, including identifying a starter alignment and recommending implementation steps. In December 2008, the Modern Streetcar Study Committee recommended to the City Council next steps for implementation of a modern streetcar system that would connect Downtown with up to six urban villages. One of the first steps recommended is to hire a consultant to conduct additional planning work and to prepare the schematic design of the streetcar alignments. In July 2009, the Regional Transportation Council (RTC) allocated $1.6 million in Congestion Mitigation and Air Quality (CMAQ) Improvement Program federal funds for the streetcar project. A $400,000.00 local match is required for the CMAQ funds for a total of $2.0 million for planning and design work. The City Council approved the use of $200,000.00 from 2004 Urban Development bond funds for the project in April 2009 (M&C G-16536). The Fort Worth Transportation Authority (The T) Board of Directors completed the allocation of $200,000.00 in matching funds in September 2009. On September 22, 2009, (M&C G-16708) the City Council authorized acceptance of CMAQ funds in the amount of $1,600,000.00 for planning and design of a modern streetcar. At the same time, the City Council authorized the execution of a Local Project Advance Funding Agreement with the Texas Department of Transportation (TxDOT) and the execution of an Interlocal Agreement with The T. The Funding Agreement with TxDOT and the Interlocal Agreement with The T were executed in February 2010. Logname: 06MODERN STREETCAR PROJECT CONSULTANT CONTRACT Page 1 of 2 The scope of work for streetcar planning and design project includes #wee two phases. Phase one is preparing design and operational assumptions, estimated ridership and analysis of economic impacts; phase two is financial and business planning, . The City has negotiated an agreement with the consultant for phase one and two in the amount of $821,409.00. . The consultant will brief the City Council on phase one before proceeding to phase two, and will work closely with the North Central Texas Council of Governments during both phases. It is understood that the streetcar project will complement, not compete with the regional rail system and will not divert any local, state, or federal funds from current commuter rail projects. City staff considers this fee to be fair and reasonable for the scope of services proposed. HDR Engineering, Inc., is in compliance with the City's DBE Ordinance by committing to 21 percent DBE participation. The City's goal on this project is 20 percent. The project is applicable CITYWIDE. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Grants Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers GR74 531200 006302406010 Fernando Costa (6122) Susan Alanis (8180) David Gaspers (8183) $821,409.00 Logname: 06MODERN STREETCAR PROJECT CONSULTANT CONTRACT Page 2 of 2