HomeMy WebLinkAboutContract 43232 (2)CITY OF FORT WORTH, TEXAS
CITY SECRETARY
CONTRACT WO. _=
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality
(the "CITY"), and Kimley-Horn and Associates, Inc., authorized to do business in Texas an
independent contractor ("Consultant"), for a PROJECT generally described as: 2013
Transportation Impact Fee Study.
Article
Scope of Services
(1) Consultant hereby agrees to perform as an independent contractor the services set
forth in the Scope of Services attached hereto as Attachment "A". These services
shall be performed in connection with 2013 Transportation Impact Fee Study.
(2) Additional services, if any, will be requested in writing by the City. City shall not pay
for any work performed by Consultant or its subconsultants, subcontractors and/or
suppliers that has not been ordered in writing. It is specifically agreed that
Consultant shall not be compensated for any alleged additional work resulting from
oral orders of any person.
Article II
Compensation
Consultant shall be compensated in accordance with the Fee Schedule shown in
Attachment "B". Payment shall be considered full compensation for all labor, materials,
supplies, and equipment necessary to complete the services described in Attachment "A".
However the total fee paid by the City shall not exceed a total of $470,000 unless the City
and the Consultant mutually agree upon a fee amount for additional services and amend
this Agreement accordingly.
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 City of Consultant's invoice for payment of same.
Acceptance by Consultant of said payment shall operate as and shall release the City from
all claims or liabilities under this Agreement for anything related to, done, or furnished in
connection with the services for which payment is made, including any act or omission of
the City in connection with such services.
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 04/06/2012
Page 1 of 8
05-17-12 P03:39 IN
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Article III
Term
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of one-
year, beginning upon the date of its execution, or until the completion of the subject matter
contemplated herein, whichever occurs first.
Article IV
Independent Contractor
Consultant shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Consultant shall have exclusive control of and the
exclusive right to control the details of its work to be performed hereunder and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
agents, employees, contractors and subcontractors. The doctrine of respondent superior
shall not apply as between City and Consultant, its officers, agents employees, contractors,
and subcontractors, and nothing herein shall be construed as creating a partnership or joint
venture between City and Consultant.
Article V
Professional Competence and Indemnification
(1) Work performed by Consultant shall comply in all aspects with all applicable local,
state and federal laws and with all applicable rules and regulations promulgated by
the local, state and national boards, bureaus and agencies. Approval by the City
shall not constitute or be deemed to be a release of the responsibility and liability of
Consultant or its officers, agents, employees, contractors and subcontractors for the
accuracy and competency of its services performed hereunder.
(2) In accordance with Texas Local Government Code Section 271.904, the Consultant
shall indemnify, hold harmless, and defend the City against liability for any damage
caused by or resulting from an act of negligence intentional tort, intellectual
property infringement or failure to pay a subcontractor or supplier committed by the
Consultant or Consultants agent, consultant under contract, or another entity over
which the Consultant s exercises control.
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 04/06/2012
Page 2 of 8
Article VI
Insurance
(1) Consultant shall not commence work under this Agreement until it has obtained all
insurance required under this Article and the City has approved such insurance, nor
shall Consultant allow any subcontractor to commence work on its subcontract until
all similar insurance of the subcontractor has been so obtained and approval given
by the City; provided, however, Consultant may elect to add any subconsultant as
an additional insured under its liability policies.
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of
coverage if written on a split limits basis). Coverage shall be
on any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage Be $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Consultant's worker's
compensation insurance policy, the City, its officers, employees and servants shall
be endorsed as an additional insured on Consultant's insurance policies.
b. Certificates of insurance shall be delivered to the Planning and Development
Department, Attention: Katherine Beck, 1000 Throckmorton Street, Fort Worth, TX
76102, prior to commencement of work.
c. Any failure on part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty days
notice of cancellation, non -renewal, and/or material change in policy terms or
coverage. A ten days notice shall be acceptable in the event of non-payment of
premium.
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 04/06/2012
Page 3 of 8
e. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
g.
Other than worker's compensation insurance, in lieu of traditional insurance, City
may consider alternative coverage or risk treatment measures through insurance
pools or risk retention groups. The City must approve in writing any alternative
coverage.
Workers' compensation insurance policy(s) covenng employees employed on the
Project shall be endorsed with a waiver of subrogation providing rights of recovery
in favor of the City.
h. City shall not be responsible for the direct payment of insurance premium costs
for Consultant s insurance.
Consultant's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self -funded or commercial coverage
maintained by City shall not be called upon to contnbute to loss recovery.
In the course of the Agreement, Consultant shall report, in a timely manner, to
City's officially designated contract administrator any known loss occurrence which
could give rise to a liability claim or lawsuit or which could result in a property loss.
k. Consultant's liability shall not be limited to the specified amounts of insurance
required herein.
I. Upon the request of City Consultant shall provide complete copies of all
insurance policies required by these Agreement documents.
Article VII
Transfer or Assignment
City and Consultant each bind themselves, and their lawful successors and assigns, to this
Agreement Consultant, its lawful successors and assigns, shall not assign, sublet or transfer
any interest in this Agreement without prior written consent of the City.
Article VIII
Termination of Contract
(1) City may terminate this Agreement for its convenience on 30 days' written notice.
Either the City or the Consultant for cause may terminate this Agreement if either
Party fads substantially to perform through no fault of the other and does not
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 04/06/2012
Page 4 of 8
commence correction of such nonperformance with 5 days of written notice and
diligently complete the correction thereafter
(2) If City chooses to terminate this Agreement under Article 8 upon receipt of notice of
termination, Consultant shall discontinue services rendered up to the date of such
termination and City shall compensate Consultant based upon calculations in Article
2 of this Agreement and Exhibit "B" attached hereto and incorporated herein.
(3) 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.
Article IX
Right to Audit
(1) 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 any directly
pertinent books, documents, papers and records of Consultant involving transactions
relating to this Agreement. Consultant agrees that the City shall have access during
normal working hours to all necessary facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of
this section. City shall give Consultant reasonable advance notice of intended audits.
(2) Consultant further agrees to include in all its subcontracts hereunder, a provision to
the effect that the subcontracting consultant agrees that the City shall, until the
expiration of three (3) years after final payment under the subcontract, have access
to and the right to examine any directly pertinent books, documents, papers and
records of such sub -consultant, involving transactions to the subcontract, and
further, that City shall have access during normal working hours to all sub -
consultant facilities and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this article. City shall
give Consultant and any sub -consultant reasonable advance notice of intended
audit.
(3) Consultant and sub -consultants agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Consultant for the cost of copies
at the rate published in the Texas Administrative Code in effect as of the time copying
is performed.
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 04/06/2012
Page 5 of 8
Article X
Minority and Women Business Enterprise (M/WBE) Participation
In accordance with City Ordinance No. 15530, the City has goals for the participation of
minority business enterprises and woman business enterprises ("M/WBE') in City contracts.
Consultant acknowledges the M/WBE goal established for this Agreement and its
commitment to meet that goal. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Consultant may result in the
termination of this Agreement and debarment from participating in City contracts for a period
of time of not Tess than three (3) years.
Article XI
Observe and Comply
Consultant shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance
thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City
and all of its officers, agents and employees from and against all claims or liability arising out
of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its
employees.
Article XII
Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision 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. This Agreement shall be construed in accordance with the laws of
the State of Texas.
Article XIII
Contract Construction
The Parties acknowledge that each party and if it so chooses, its counsel have reviewed
and revised this Agreement and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 04/06/2012
Page 6 of 8
Article XIV
Severability
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof to
any person or circumstance shall ever be held by any court of competent jurisdiction to be
invalid or unconstitutional for any reason, the remainder of this Agreement and the
application of such word, phrase, clause, sentence, paragraph, section, or other part of this
Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion had never been
contained therein.
Article XV
Notices
Notices to be provided hereunder shall be sufficient if forwarded to the other Party by
hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage
prepaid, to the address of the other Party shown below:
City of Fort Worth
Attn: Katherine Beck
1000 Throckmorton Street
Fort Worth, Texas 76102
Consultant:
Kimley-Horn and Associates, Inc
Attn: Aaron Nathan
801 Cherry Street, Unit 11
Suite 950
Fort Worth, TX 76102
Article XVI
Headings
The headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 04/06/2012
Page 7 of 8
Article XVII
Counterparts
This Agreement may be executed in one or more counterparts and each counterpart shall,
for all purposes, be deemed an original, but all such counterparts shall together constitute
but one and the same instrument.
Executed and effective this the
BY:
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
Date:
APPROVAL ROMMENDED:
B
Randle
day oVi11
Director, Planning and Development
BY:
ENGINEER
Kimley-Horn and Associates, Inc
Glenn Gary
Senior Vice President
Date: �`� � I 0 — 20/2.
APPROVED ^S TO FORM AND LEGALITY M&C No.: 2- 5-CU
ouglas W. Black
Assistant City Attorney
ATTEST:
Mar#J. Kayser
City Secretary
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 04/06/2012
Page 8 of 8
M&C Date: 5, X� � Z
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ATTACHMENT "A"
SCOPE OF SERVICES
2013 TRANSPORTATION IMPACT FEE STUDY
FORT WORTH, TEXAS
PROJECT UNDERSTANDING
The goal of this project is to update the existing Transportation Impact Fee Study dated
December 2007 This scope of services will provide the City of Fort Worth with
professional services required by Chapter 395 of the Texas Local Government Code to
update the Land Use Assumptions, Capital Improvement Plan for Impact Fees, and the
maximum transportation impact fee that may be assessed. The ENGINEER will also
assist the CITY with minor updates to the Master Thoroughfare Plan, along with
providing CITY staff assistance at various presentations required during the public
hearing and adoption process.
S COPE OF SERVICES
If services beyond those defined in this scope are required, the Parties shall attempt to
negotiate a written amendment to this Agreement ENGINEER shall not proceed with
work on any additional services prior to the Parties executing a written amendment. The
S cope of Services includes the following primary tasks:
• Task 1
• Task 2
• Task 3
• Task 4
• Task 5
• Task 6
• Task 7
- Project Initiation and Management
- Land Use Assumptions
- Minor Master Thoroughfare Plan Update
- Transportation Impact Fee Analysis
- Financial Analysis
- Adoption Process
- Administrative Tools
Task 1 — Project Initiation and Management
Task 1.1 — Proiect Team Status Meetinas and Coordination
• The ENGINEER will prepare for and attend a kick-off meeting. The ENGINEER
will conduct an Impact Fee 101 Workshop at the kick-off meeting. Attendees to
the workshop will be determined by the CITY.
The ENGINEER will participate in bi-weekly (once every other week) meetings
with CITY staff These meetings will be held on specific days and times as
agreed to by the CITY A maximum of three hours will be anticipated for each
meeting and may include up to two members of the ENGINEER's team. The
ENGINEER shall prepare meeting notes from each meeting. A maximum of 12
meetings will be held It is anticipated that the work will be completed within 6
months
• The ENGINEER will prepare and submit monthly status reports regarding project
schedule, critical tasks, and subconsultant coordination.
Task 2 — Land Use Assumptions
The ENGINEER will prepare the land use assumption tasks listed below in conformance
with Chapter 395 of the Local Government Code for each of the service areas. The
ENGINEER intends to prepare the land use assumptions for the nineteen (19) fee
service areas identified in the previous study. The development of land use
assumptions for additional service areas will be considered additional services.
Task 2.1 — Data Collection
• Data Collection. The ENGINEER will coordinate with the CITY to obtain the
following data:
• Contacts — The CITY will provide the organization structure and contact
information for the applicable CITY staff involved with the land use
assumptions.
• Comprehensive Master Plans — The CITY will identify and provide the most
recent comprehensive master plans
• Building permit history (both residential and non-residential) for the previous
five (5) years.
• Currently adopted Land Use Assumptions.
• Available demographic projections from the North Central Texas Council of
Govemments (NCTCOG)
• Maps — the CITY will provide the ENGINEER with available GIS shapefiles,
associated databases, and layer files in ESRI ArcGIS 8.x format. All data will
be projected in NAD 83 State Plane, North Central Texas Zone coordinates.
Data should include:
• Master Thoroughfare Plan;
• Future Land Use Plan Map;
• Existing plats on file with the CITY;
• Water Department Plats;
• City Limits and ETJ Map; and
• Most recent digital orthophotograph (DOQ) of the CITY.
Task 2.2 — Service Area Boundaries
• The ENGINEER will meet with the CITY to review the current transportation
impact fee service area structure (27 service areas). The ENGINEER will
coordinate with the CITY to modify the service area boundaries to incorporate
annexations or other changes to the corporate limits of the CITY since the
previous service area boundaries were established. The ENGINEER will work
with the CITY to establish a new service area structure that simplifies the
administration of the transportation impact fee by maintaining a similar service
area structure to the previous service area boundaries. The ENGINEER will then
develop the new service area boundaries in compliance with state law.
Task 2.3 — Existing Land Use Assumptions
The ENGINEER will prepare the existing land use information in a format
suitable for use in the impact fee update. The information will be presented in
tabular form by transportation service area. For each service area, population
(persons and number of dwelling units) and employment (amount of square
footage of basic, service, and retail land uses) will be summarized. The existing
land use assumptions will be completed for the year 2012.
Task 2.4 — Build -out Land Use Assumptions
The ENGINEER will develop the build -out demographics (population and
employment) for the CITY in tabular format for each transportation service area.
The development of these demographics will be an interactive process between
the ENGINEER and CITY staff. It is anticipated that ten (10) two-hour meetings
will be held with CITY during this task. It is estimated that two service areas will
be discussed at each meeting. The meetings will serve as a time to review the
demographics developed by the ENGINEER and obtain information from the
CITY regarding development expectations within each service area. The
ENGINEER will use the future land use data and plat information collected in
Task 2.1 to determine future land uses in undeveloped areas within the existing
CITY limits.
Task 2.5 — Ten -Year Land Use Assumptions
• Chapter 395 states that impact fees may only be used to pay for items included
in the transportation impact fee capital improvements plan and attributable to
new service units projected over a period of time not to exceed ten (10) years.
Based upon guidance from the CITY, the ENGINEER will develop the Ten -Year
Land Use Assumptions for the 2012 — 2022 planning window.
• During the meetings identified in Task 2.4 and using information collected in
Task 2.1, the ENGINEER will collect from with the CITY the projections for
anticipated percentage of residential and non-residential land uses within each
service area to be developed within the next ten years. Using the information
collected during these meetings the ENGINEER will complete the demographic
table for each transportation service area.
Task 2.6 — Land Use Assumptions Documentation
The ENGINEER will incorporate the service area boundaries and Land Use
Assumptions information into Impact Fee Update report. No additional
documentation will be produced by the ENGINEER summarizing the land use
assumptions.
Deliverables
The ENGINEER will develop an ArcGIS shapefile that identifies the proposed service
area boundaries.
Task 3 — Minor Master Thoroughfare Plan Update
Task 3.1 — Update Functional Class of Roadways
• The ENGINEER will coordinate with CITY staff regarding updating the functional
classification of roadways on the current City of Fort Worth Master Thoroughfare
Plan (MTP) CITY staff will provide the list of roadways for consideration for
change in functional classification. It is anticipated that this list will be less than
ten (10) roadways. The ENGINEER will utilize traffic projections developed
during the previous completed Mobility and Air Quality (MAQ) plan to provide
guidance on changing the functional classification of the roadways identified by
CITY staff. No modeling will be performed by the ENGINEER as part of this task.
The CITY staff will perform the necessary tasks to have the revised MTP adopted
by City Council.
Task 3.2 — Complete Street Cross Section Options
• The ENGINEER will examine the existing cross sections for minor arterials,
major arterials, and principal arterials (existing classifications). The ENGINEER
will propose up to three (3) alternative cross sections for each existing
classification for a total of nine (9) additional cross sections. The intent is to
establish cross sections to compliment a future CITY complete street initiative.
This task is not intended to be the development of a complete street policy or a
context sensitive MTP; instead it will establish alternative cross sections that
could be utilized within the right-of-way available for each existing classification.
The CITY staff will perform the necessary tasks to incorporate the alternative
cross sections into CITY design standards and any other required steps to adopt
these changes.
Task 4 — Transportation Impact Fee Analysis
The ENGINEER will prepare the roadway impact fee update tasks listed below in
conformance with Chapter 395 of the Local Govemment Code for each of the service
areas identified in Task 2.2. It is anticipated this analysis will be done for twenty-seven
service areas.
Task 4.1 — Data Collection
•
•
•
The CITY will provide the ENGINEER with available recent traffic count data for
existing thoroughfare facilities located within the service areas identified for
analysis Additional traffic counts will be collected by the ENGINEER (up to five
(5) locations per service area - 135 locations total) for use in Task 4 2.
Thoroughfare Plan — The ENGINEER will utilize the master thoroughfare plan
adopted by the CITY in Task 3 1. GIS shapefiles databases, and layering
information shall be provided by the CITY.
Historical Project Costing Information — The CITY shall provide the ENGINEER
with available data on the actual CITY costs for previously completed arterial
roadway improvement projects to assist in the development of planning level
project costs for future projects and to include any project costs for previously
completed projects with excess capacity available to serve future growth.
Task 4.2 — 10-Year Growth Proiections and Capacity Analysis
• The ENGINEER will perform an analysis of existing conditions within each
service area. This will include a determination of roadway capacities, volumes,
vehicle -miles of supply and demand, existing excess capacity, and existing
deficiencies.
• Using the Ten -Year Land Use Assumptions identified in Task 2.5, the
ENGINEER will project traffic conditions for the ten-year planning period, the
target year for the impact fee growth projections. This will include growth in
service units and new demand by service area. The ENGINEER will determine
the capacity available for new growth within each service area.
• In consultation with the CITY, the ENGINEER will determine land use categories
to be included in the land use vehicle -mile equivalency table.
• The ENGINEER will identify the service units for new development and the
average trip length. Using the 8th Edition of the Institute of Transportation
Engineer's (ITE) Trip Generation Manual, the ENGINEER will develop updated
trip generation and pass -by trip rates.
Task 4.3 — Transportation Impact Fee Capital Improvements Plan
• The ENGINEER, in coordination with the CITY, will update the Transportation
Impact Fee Capital Improvements Plan, which will include planning -level project
cost projections for each project to be included in the study. The Transportation
Impact Fee Capital Improvements Plan will include existing oversized facilities
and proposed facilities designed to serve future development. The
Transportation Impact Fee Capital Improvements Plan shall include a general
description of each project and a project cost projection. Planning -level cost
projections for future projects will be prepared based on previous ENGINEER
experience with roadway construction costs, capital improvement planning and
input from CITY staff. It is anticipated these project costs will be reviewed by
CITY staff and verified as reasonable costs for CITY capital projects. The CITY
shall provide the ENGINEER with actual CITY cost information for previously
completed projects with excess capacity, and cost contribution information for
developer County, State, Tollway, or other cost -sharing projects.
• The ENGINEER will identify the portion of project improvements required to
serve existing demand and the portion of project improvements required to serve
new development within the 10-year planning period.
Task 4.4 — Maximum Assessable Transportation Impact Fee Calculation
•
Using the newly developed 10-year growth projections, transportation impact fee
capital improvements plan, and capacity available for new growth, the
ENGINEER will determine the cost of transportation improvements by service
area, the maximum costs per service unit, and the resulting maximum
assessable transportation impact fee by service area. The ENGINEER will
incorporate the financial analysis performed in Task 5 to determine the
maximum assessable impact fee per service unit.
Task 4.5 — Transportation Impact Fee Report.
• The ENGINEER will prepare and submit a draft Transportation Impact Fee
Report that documents the methodology and results of the analysis. The report
will include the following information:
• Methodology;
• Transportation Service Areas;
• Transportation Impact Fee Capital Improvements Plan;
• Impact Fee Calculations;
• Summary Exhibits; and
• Summary Appendices.
Deliverables
The ENGINEER will develop an electronic (.pdf) copy of the draft Transportation Impact
Fee report for CITY review.
For the Public Hearing and Approval Process (Task 6) the ENGINEER will provide the
CITY ten (10) copies of the draft Transportation Impact Fee Report for distribution to the
CIAC and staff.
Task 5 — Financial Analysis
Using the impact fee eligible capital improvement costs and projected service units, the
financial subconsultant will calculate maximum assessable full -cost recovery impact fees
for the designated ten-year period for roadway facilities for nineteen (19) Service Areas.
This financial analysis will include a credit for ad valorem taxes. The financial
subconsultant will provide forecasted cash flows for the maximum assessable impact fee
for the ten-year period based on projected capital improvement program's
implementation schedule (if available) and growth in projected service units. The
ENGINEER will work in conjunction with the financial subconsultant to incorporate the
Capital Improvements Plan identified in Task 4.3. It is anticipated that three (3) will be
held with CITY during this task.
Deliverables
The results of the financial analysis will be incorporated into the Transportation Impact Fee
report prepared as part of Task 4.
Task 6 - Public Hearings and Approval Process
It is anticipated that the Public Hearing and Approval Process will consist of a number of
meetings as required by Chapter 395, along with additional meetings as requested by
the CITY to engage other interested parties and stakeholders. This task provides for the
ENGINEER to prepare for and attend the following meetings:
• Prepare for and attend up to three (3) meetings with the Development Advisory
Committee (or other similar committee established by the CITY) and/or
interested stakeholders to discuss the update of the Transportation Impact Fee.
• Prepare for and attend up to (2) Capital Improvement Advisory Committee
(CIAC) and/or City Council workshops to discuss the Transportation Impact Fee.
• Prepare for and attend one (1) CIAC Workshop to present fundamentals of
Impact Fees, a summary of the Transportation Impact Fee methodology, and the
respective CIP's and Maximum Assessable Impact Fees.
• Prepare for and attend one (1) CIAC public hearing to present the respective
CIP's and Maximum Assessable Impact Fees.
• Prepare for and attend one (1) City Council workshop to present fundamentals
of Impact Fees, a summary of the Transportation Impact Fee methodology, the
respective CIP's, and Maximum Assessable Impact Fee.
• Prepare for and attend one (1) City Council public hearing to present the Land
Use Assumptions and the Final Transportation Impact Fee Report including the
Transportation Impact Fee CIP and Maximum Assessable Impact Fees.
• Attend one (1) City Council meeting where it adopts the Transportation Impact
Fees ordinance.
As part of this task, the ENGINEER will also review the proposed Impact Fee Ordinance
as prepared by the CITY Attomey The ENGINEER will conduct up to three (3) formal
reviews of the proposed transportation impact fee ordinance developed by the CITY. It is
anticipated the CITY Attorney will require exhibits from the Transportation Impact Fee
Report to be included in the ordinance.
Deliverables
Upon final approval of the Transportation Impact Fee by City Council, the ENGINEER
will provide one (1) electronic (.pdf) copy and ten (10) bound copies of the Final
Transportation Impact Fee Report, including Land Use Assumptions, Transportation
Capital Improvement Plan, and Financial Analysis components of the Impact Fee.
Task 7 - Administrative Tools
The ENGINEER will update the Transportation Impact Fee estimator spreadsheet tool to
assist in calculating a development s transportation impact fees based on the impact fee
rates adopted in Task 6. The ENGINEER will also coordinate with the CITY to update
necessary information currently posted on the CITY's impact fee website.
The ENGINEER will prepare for and attend one (1) meeting with the CITY to review the
spreadsheet and receive comments or suggestions the CITY may have regarding the
spreadsheet tool.
ATTACHMENT "B"
COMPENSATION
2013 TRANSPORTATION IMPACT FEE STUDY
FORT WORTH, TEXAS
I. PROFESSIONAL ENGINEERING SERVICES
For Tasks 1 thru 7 included in ATTACHMENT "A" (Scope of Services, Transportation
Utility Policy Development), the CITY agrees to pay the ENGINEER a lump sum
amount based on the following fee schedule:
Task
Task
Task
Task
Task
Task
Task
1 — Project Initiation and Management
2 — Land Use Assumptions
3 — Minor Master Thoroughfare Plan Update
4 — Transportation Impact Fee Analysis
5 — Financial Analysis
6 — Adoption Process
7 — Administrative Tools
TOTAL LUMP SUM FEE
II BASIS FOR COMPENSATION
$22,000
$125,000
$15,000
$198,000
$80,000
$25,000
$5,000
$470,000
For Tasks 1 thru 7, the CITY shall compensate the ENGINEER for the professional
engineering services included in ATTACHMENT "A' on a lump sum fee basis. The
lump sum fee includes labor costs and direct expenses identified in this contract as
well as items such as in-house duplicating, printing, facsimile local mileage
telephone postage, and computer expenses
For Tasks 1 thru 7, the ENGINEER shall be paid monthly based on statements
submitted to the CITY for the work accomplished during the preceding month.
Monthly statements for lump sum services will be based upon a reasonable
estimation of percent complete for each task.
EXHIBIT "B-1"
M/WBE SUMMARY
2013 TRANSPORTATION IMPACT FEE STUDY
FORT WORTH, TEXAS
M/WBE Subconsultant
Toole Design Group
GRAM of North Texas
Total
Services
Task 2 - Land Use Assumptions
Task 4 - Transportation Impact Fee Analysis
Fee
$60,000 (12.7%)
$13,000 (2.8%)
$73,000 (15.5%)
This attachment is provided for informational purposes only to show the projected plan to
meet the M/WBE goal of 15.0%. The actual dollars paid by the ENGINEER to M/WBE
subconsultants may vary for each task as well as for each subconsultant. The
subconsultants listed are those intended for use on this project but the actual
subconsultants used may vary.
City of Fort Worth, Texas
ayor and ouncil ommunication
COUNCIL ACTION* Approved on 5/8/2012 - Ordinance No. 20200-05-2012
DATE• Tuesday, May 08, 2012 REFERENCE NO.: **C-25596
LOG NAME' 061000 - 2013 TRANSPORTATION IMPACT FEE STUDY
SUBJECT:
Adopt Appropriation Ordinance and Authorize Execution of a Contract with Kimley-Horn and Associates,
Inc., in the Amount of $470,000.00 for the 2013 Transportation Impact Fee Study (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the
Transportation Impact Fund in the amount of $470,000.00 from available funds; and
2. Authorize the execution of a contract with Kimley-Horn and Associates, Inc., in the amount of
$470,000.00 for the 2013 Transportation Impact Fee Study.
DISCUSSION:
Chapter 395 of the Texas Local Government Code provides authorization for local governments to enact
and impose impact fees for capital improvements related to roadway facilities Since 2008, the City has
assessed Transportation Impact Fees pursuant to Chapter 30, Article VII I, Division 2 of the City Code
(Ordinance No. 18083-05-2008). State law requires that the City update the land use assumptions and
capital improvements plan at least every five years from the time they are adopted. The City Council
adopted the land use assumptions and capital improvement plan on February 18, 2008 (Resolution No.
3586-02-2008) and the Transportation Impact Fee ordinance on May 13, 2008.
To comply with Chapter 395, this study will include preparation of land use assumptions, the required
transportation improvements plan and determination of the maximum assessable Transportation Impact
Fee for each of the 19 active service areas. This study will also include minor updates to the Master
Thoroughfare Plan and financial analysis. On February 1, 2012, the City issued a Request for Proposals
(RFP) for the 2013 Transportation Impact Fee Study. Staff received three proposals on March 2, 2012
and interviewed the three respondents. The Consultant Selection Committee, comprised of Staff from the
Planning and Development, Transportation and Public Works, and Law departments, selected Kimley-
Horn and Associates, Inc., based on its thorough understanding of the City's impact fee program and the
compatibility of its proposed methodology with the ordinance and business processes of the existing
program.
Staff has negotiated a professional services Agreement with Kimley-Horn and Associates, Inc., to
complete this study for a fee of $470,000.00. The fee is considered fair and reasonable for the work
proposed. The proposed schedule estimates project completion six months from issuance of the notice -
to -proceed.
http://apps.cfwnet.org/ecouncil/printmc.asp?id=16794&print=true&DocType=Print 05/09/2012
This contract will be funded from the Transportation Impact Fee revenues from all 19 active service
areas. The contract cost is less than three percent of impact fee revenues to date, which total $16.7
million.
Kimley Horn and Associates, Inc., is in compliance with the City's M/WBE Ordinance by committing to 16
percent M/WBE participation on this project The City s goal on this project is 14 percent.
This project is located in all COUNCIL DISTRICTS.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinance, funds will be available in the current capital budget,
as appropriated, of the Transportation Impact Fund.
FUND CENTERS:
TO Fund/Account/Centers
1) C206
1) C206
1) C206
1) C206
1) C206
1) C206
1) C206
1) C206
1) C206
1) C206
1) C206
1) C206
1) C206
1) C206
1) C206
1) C206
1) C206
1) C206
1) C206
1) C206
1) C206
1) C206
1) C206
1) C206
1) C206
1) C206
488139 061249991100
541200 061249991100
488139 061249991200
541200 061249991200
488139 061249991300
541200 061249991300
488139 061249991400
541200 061249991400
488139 061249991500
541200 061249991500
488139 061249991600
541200 061249991600
488139 061249991700
541200 061249991700
488139 061249991800
541200 061249991800
488139 061249991900
541200 061249991900
488139 061249992000
541200 061249992000
488139 061249992100
541200 061249992100
488139 061249992200
541200 061249992200
488139 061249992300
541200 061249992300
FROM Fund/Account/Centers
$25.555.55 2) C206 531200 062230173310 $470.000.00
$25,555.55
$25,555.55
$25.555,55
$25,555.65
$25.555.65
$25.555,55
$25,555.55
$25.555.55
$25.555.55
$25.555.55
$25,555.55
$25.555,55
$25,555.55
$25,555.55
$25.555,55
$25,555.55
$25.555,55
$25.555,55
$25,555.55
$25.555.55
$25.555,55
$25,555.55
$25,555,55
$25.555,55
$25,555,55
http://apps.cfwnet.org/ecouncil/printmc.asp7id=16794&print=true&DocType=Print
05/09/2012
1) C206 488139
1) C206 541200
1) C206 488139
1) C206 541200
1) C206 488139
1) C206 541200
1) C206 488139
1) C206 541200
1) C206 488139
1) C206 541200
1) C206 488139
1) C206 541200
061249992400
061249992400
061249992500
061249992500
061249992600
061249992600
061249992700
061249992700
061249992800
061249992800
061249992900
061249992900
CERTIFICATIONS:
Submitted for Citv Manager's Office bv:
Originating Department Head:
Additional Information Contact:
$10,000.00
$10, 000.00
$25,555.55
$25.555.55
$25,555.55
$25,555.55
$25,555.55
$25,555.55
$25,555.55
$25,555.55
$25,555.55
$25,555.55
Fernando Costa (6122)
Randle Harwood (6101)
Katherine Beck (7918)
Julie Westerman (2677)
ATTACHMENTS
1. 061000 - 2013 TRANSPORTATION IMPACT FEE STUDY A012.doc (Public)
2. MWBE Contract Compliance Memo.pdf (CFW Internal)
3. Proiect 01733 FARs.pdf (CFW Internal)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=16794&print=true&DocType=Print 05/09/2012