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HomeMy WebLinkAboutContract 60025CITY SECRETARY60025 CONTRACT NO. CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES This agreement ("Agreement") is between the City of Fort Worth, a Texas home -rule municipality ("City"), and Kimley-Horn and Associates, Inc., authorized to do business in Texas ("Consultant"), for a project generally described as: City of Fort Worth ADA Compliance Plan ("Project") — Project No. Article I Scope of Services (1) Consultant hereby agrees to perform professional services as set forth in this Agreement and the Scope of Services, attached hereto as Attachment "A" ("Services"). These Services shall be performed in connection with the Project. (2) Additional services, if any, will be memorialized by an amendment to this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of City, and shall be furnished to the City, prior to or at the time such services are completed, or upon termination or expiration of Agreement. Article II Compensation Consultant shall be compensated an amount up to Two Hundred Thousand and 00/100 Dollars ($200,000.00) ("Contract Amount") in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Consultant shall provide monthly invoices to City. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Consultant of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III OFFICIAL RECORD ADA Compliance Plan CITY SECRETARY Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. FT. WORTH, TX Page 1 of 9 Term Time is of the essence. The term of this Agreement shall commence on the Effective Date and shall continue until the expiration of the funds or completion of the subject matter pursuant to the schedule, whichever occurs first, unless terminated in accordance with the terms of this Agreement. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of 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 orjoint venture between City and Consultant. Article V Professional Competence Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Consultant's work or work product 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 performance of the Services. Article VI Indemnification CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFYAND HOLD CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER ADA Compliance Plan Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. Page 2 of 9 THAN THE CITY) OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. Article VII Insurance Consultant shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. Article VIII Force Majeure City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. Article IX Transfer or Assignment Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) City may terminate this Agreement for convenience by providing written notice to Consultant at least 30-days prior to the date of termination, unless Consultant agrees in writing to an earlier termination date. (2) Either City or Consultant may terminate this Agreement for cause if either party fails to substantially perform, through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Consultant, Consultant shall discontinue Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article II of this Agreement and in accordance with Exhibit "B". Article XI ADA Compliance Plan Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. Page 3 of 9 Right to Audit (1) Consultant agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to Agreement. Consultant agrees that 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 subcontractor agrees that 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 subcontractor(s), involving transactions 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 article. City shall give Consultant and any subcontractor reasonable advance notice of intended audit. (3) Consultant and subcontractor(s) agree to photocopy such documents as may be requested by City. 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. Article XII Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with City's Business Equity Ordinance No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), Consultant acknowledges the MBE and WBE goals established for Agreement and its execution of this Agreement is Consultant's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by Consultant may result in the termination of Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XIII 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 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 ADA Compliance Plan Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. Page 4 of 9 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 or its subcontractor(s). Article XIV Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s) who perform work under Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate Agreement for violations of this provision by Consultant. Article XV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of 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. Agreement shall be construed in accordance with the laws of the State of Texas. Article XVI Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of 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 City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. ADA Compliance Plan Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. Page 5 of 9 Article XVII Severability The provisions of Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of 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 Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVIII Notices Notices regarding Articles IX or X are to be provided 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: Christina Brooks Diversity and Inclusion Department Hazel Harvey Peace Center for Neighborhoods 818 Missouri Ave. Fort Worth, Texas 76104 With a copy to: City Attorney's Office 200 Texas Street Fort Worth, Texas 76102 Consultant: Kimley-Horn and Associates, Inc. Attn: Brian Shamburger 801 Cherry Street Suite 1300, Unit 11 Fort Worth, Texas 76102 All other notices may be provided as described above or via electronic means. Article XIX Prohibition On Contracts With Companies Boycotting Israel ADA Compliance Plan Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. Page 6 of 9 Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Consultant has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifies that Consultant's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Article XX Prohibition on Boycotting Energy Companies Consultant acknowledges that in accordance with Chapter 2274 of the Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XXI Prohibition on Discrimination Against Firearm and Ammunition Industries Consultant acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to ADA Compliance Plan Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. Page 7 of 9 those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Article XXII 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 Agreement. Article XXIII Attachments, Schedules and 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. The following attachments and schedules are hereby made a part of Agreement: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Changes to Agreement Attachment D - Project Schedule Attachment E — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. [SIGNATURES ON FOLLOWING PAGE] ADA Compliance Plan Agreement for Professional Services Between The City of Fort Worth and Kimley-Horn and Associates, Inc. Page 8 of 9 BY: CITY OF FORT WORTH Fernando Costa Assistant City Manager Date: Aug 30, 2023 ATTEST: Janne e Goodall City Secretary op �o P�II� nE4p5� <. APPROVAL RECOMMENDED: CYJus�1a.,6-� Christian Brooks Director, Diversity & Inclusion Department APPROVED AS TO FORM AND LEGALITY By: ih�o�a&Hasen Assistant City Attorney Contract Compliance Manager: BY: CONSULTANT Kimley-Horn and Associates, Inc. '1.4f 4mel Scott R. Arnold, P.E. Vice President Date: August 28, 2023 Form 1295 No.2023-1055194 M&C No.: 23-0672 M&C Date: 08/22/2023 By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. C� 1: ihrist`i'na`t'rob`Wg,'bi'rector ofV'bli ersity and Inclusion Department ADA Compliance Plan OFFICIAL RECORD Agreement for Professional Services Between CITY SECRETARY The City of Fort Worth and Kimley-Horn and Associates, Inc. Page 9 of 9 FT. WORTH, TX FORT WORTH. ATTACHMENT "A" Scope for Professional Services for the Citv of Fort Worth ADA Compliance Plan The scope set forth herein defines the work to be performed by the CONSULTANT in completing the project. Both the CITY and CONSULTANT have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The CITY wants to develop its Americans with Disabilities Act (ADA) Self -Evaluation and Transition Plan in multiple phases. Tasks 1 — 8 as written in the Work to be Performed will constitute Phase 1 of the ADA Self - Evaluation and Transition Plan and will consist of the development of the ADA Compliance Plan, documentation of the CITY's efforts to date related to Title II compliance, inventory of CITY programs, services, activities, and facilities to be evaluated in future phases, and development of a budget and schedule to complete the CITY's Self -Evaluation. No evaluations of the CITY's programs, services, activities, or facilities will be completed as part of the Compliance Plan. The deliverable for this assignment will summarize the CITY's efforts - to -date and outline the remaining tasks to complete the CITY's Self -Evaluation and Transition Plan. Future phases of this project could include, but are not limited to: • Physical evaluations of buildings, parks, public rights -of -way curb ramps, sidewalks and pedestrian crossings through cross streets and driveways, pedestrian equipment at signalized intersections, unpaved pedestrian trails, and pedestrian bridges including determination of compliance status, possible solutions, cost estimates to implement possible solutions, and prioritization of evaluated facilities for implementation; • Evaluations of programs, services, activities, employment practices, ordinances, emergency management plans, website, and design standards; • Development of the CITY's ADA Transition Plan; and • Updates to the Transition Plan to document additional work. City of Fort Worth, Texas City of Fort Worth ADA Compliance Plan Attachment A Page 1 of 7 FORT WORTH:, WORK TO BE PERFORMED Task 1. Project Management Task 2. Project Kick-off Meeting Task 3. Programs, Services, and Activities Inventory Task 4. Facilities Inventory Task 5. Ongoing ADA/Accessibility Program Summary Task 6. Transition Plan Development Task 7. Project Meetings Task 8. Public Outreach TASK 1. PROJECT MANAGEMENT 1.1 The CONSULTANT will maintain project records, budgets, and communications for the duration of the project. It is understood the project will have a 9-month duration. 1.2 The CONSULTANT will prepare monthly progress reports for the duration of the project. 1.3 The CONSULTANT will participate in up to 18, biweekly status calls with the CITY to discuss the project for the duration of the project (30-minute calls). Task 1 Deliverables: Monthly invoices with progress reports. TASK 2. PROJECT KICK-OFF MEETING 2.1 The CONSULTANT will conduct one (1) meeting with CITY staff representing major program areas and orient them to the process that will be used to develop the CITY's ADA Transition Plan and introduce the proposed project tasks and schedule. The CONSULTANT will produce meeting materials and handouts, lead and facilitate the Kick- off Meeting, and prepare a summary of action items resulting from the meeting (2-hour, in - person meeting). Task 2 Deliverables: Summary of action items from the meeting. CITY Responsibilities: • The CITY will create an ADA Liaison Committee comprised of City staff representing major program areas and/or departments. • The CITY will conduct all internal coordination required to identify City staff to serve on the ADA Liaison Committee for the duration of the project. TASK 3. PROGRAMS, SERVICES, AND ACTIVITIES INVENTORY Task 3 consists of 135 hours of effort. If additional effort beyond the 135 hours is required, it will be billed as an additional service under the CONSULTANT's then -current rate schedule. City of Fort Worth, Texas Attachment A Page 2 of 7 FORT WORTH. The CONSULTANT will not proceed with any additional services without written authorization from the CITY. 3.1 Programs, Services, and Activities Inventorv. The CONSULTANT will coordinate with the City to gather information related to the City's programs, services, and activities, including information available on the City's website for City boards, commissions, and departments. The CONSULTANT will compile a list of core service areas, divisions, sections, and documents that need to be evaluated for compliance under the ADA. The CONSULTANT will document City efforts to date regarding ADA compliance for programs, services, and activities. Items to be identified for evaluation in future phases may include, but are not limited to: • Programs, services, and activities • Policies, procedures, and guidance • Lease agreements • Contracts • Department -specific handbooks • Standard operating procedures • Meeting agendas • Meeting minutes • Online forms • Applications • PDF forms • Checklists • Videos • Employment practices • Design standards • Ordinances • Emergency management documents Task 3 Deliverables: • Programs, services, and activities inventory in Word format. CITY Responsibilities: • The CITY will provide the CONSULTANT with documents to be included in the inventory that are not posted on the City's website. TASK 4. FACILITIES INVENTORY Task 4 consists of 125 hours of effort. If additional effort beyond the 125 hours is required, it will be billed as an additional service under the CONSULTANT's then -current rate schedule. The CONSULTANT will not proceed with any additional services without written authorization from the CITY. 4.1 Facility Identification. The CONSULTANT will coordinate with the CITY to identify City - owned facilities to be evaluated for compliance under the ADA. • Buildings and associated parking lots and on -site sidewalk City of Fort Worth, Texas Attachment A Page 3 of 7 FORT WORTH. • Parks and associated parking lots and on -site sidewalk • Park unpaved trails • Park pedestrian bridges • Signalized intersections • Sidewalk corridors • Unsignalized intersections and driveways along sidewalk corridors • Railroad crossings along sidewalk corridors Task 4 Deliverables: • Facility inventory data in Excel spreadsheet format. CITY Responsibilities: • The CITY will provide the CONSULTANT with previously developed inventories for the facilities listed in Task 4.1 (if the inventories exist). • The CITY will provide the CONSULTANT with maintenance agreements for all CITY- owned/maintained facilities. • The CITY will provide the CONSULTANT with lease agreements for all facilities leased to or by the CITY. TASK 5. ONGOING ADA/ACCESSIBILITY PROGRAM SUMMARY The CONSULTANT will document the CITY's efforts to date regarding ADA compliance of the facilities listed in Task 4.1. These efforts may include, but are not limited to: • Modifications to existing programs, policies, and procedures • Sidewalk/curb ramp maintenance and repair projects • Installation of accessible pedestrian signals (APS) • Building, park, and parking facility renovations and maintenance projects with ADA improvements • Capital Improvement Program projects with ADA and pedestrian facility improvements • Responses to citizen ADA/access concerns/complaints Task 5 Deliverables: • Documentation of ongoing ADA/accessibility program within the Transition Plan (see Task 6 deliverables). CITY Responsibilities: • The CITY will provide the CONSULTANT with any existing information related to completed projects, policies, planning practices, or other elements that supports the documentation of efforts to date toward achieving ADA compliance at City facilities or through City programs, services, or activities offered to the public. TASK 6. TRANSITION PLAN DEVELOPMENT City of Fort Worth, Texas Attachment A Page 4 of 7 FORT WORTH. The CONSULTANT will coordinate with CITY staff in developing the Transition Plan framework as follows: 5.1 ADA Coordinator. The CONSULTANT will work with the CITY to define the role and responsibilities of the ADA Coordinator. 5.2 Grievance Policv and Procedure. The CONSULTANT will review the City's existing ADA grievance policy, procedure, and complaint form. 5.3 ADA Notice. The CONSULTANT will review the City's existing ADA Notice. 5.4 Evaluation and Prioritization Criteria. The CONSULTANT will identify the standards from which facility evaluation criteria should be developed and recommend criteria to prioritize accessibility improvements identified in future phases. 5.5 Budget. The CONSULTANT will assist the CITY to develop a multi -year budget needed to complete the evaluation of elements identified in Task 3.1 and Task 4.1. Possible funding sources to achieve compliance will be provided. It will be the CITY's responsibility to confirm the City's eligibility for each funding source. 5.6 Draft Transition Plan. The CONSULTANT will prepare a draft Transition Plan for the CITY. The plan will consist of: • Introduction which will describe the project purpose and provide a brief summary of Title II requirements; • Documentation of CITY efforts to date related to ADA compliance; • Summary of CITY programs, services, activities, and facilities to be evaluated in future phases; and • A budget and schedule for future phases. The CONSULTANT will provide electronic copies of the Draft Transition Plan in Microsoft Word and Adobe PDF formats to the CITY. 5.7 Final Transition Plan. The CONSULTANT will address one (1) round of written consolidated comments from CITY staff to prepare a Final ADA Self -Evaluation and Transition Plan for the CITY. The CONSULTANT will provide electronic copies of the Final Transition Plan in Microsoft Word and Adobe PDF formats to the CITY. Task 6 Deliverables: • Electronic copy of comments on the CITY's existing ADA grievance policy, procedure, and complaint form for Title II. • Electronic copy of comments on the CITY's existing ADA Notice. • Electronic copies of the draft and final ADA Transition Plan in Microsoft Word and Adobe PDF formats. • Electronic copies of the final ADA Transition Plan Appendix in PDF format will be provided using the CONSULTANT's electronic file -sharing system. CITY Responsibilities: City of Fort Worth, Texas Attachment A Page 5 of 7 FORT WORTH. The CITY will provide written consolidated comments on the draft ADA Transition Plan and Appendix. TASK 7. PROJECT MEETINGS 7.1 Progress Meetinqs. The CONSULTANT will conduct up to eight (8) meetings with CITY staff and the ADA Liaison Committee to provide project updates. The CONSULTANT will produce meeting materials, lead, and facilitate the Progress Meetings, and prepare a summary of action items resulting from the meetings (2-hour, in -person meetings). Task 7 Deliverables: • Summary of action items from the Progress Meetings. • Electronic copies of meeting presentations. CITY Responsibilities: • The CITY will conduct all internal coordination required to identify City staff to attend the Progress Meetings. • The CITY will provide a location in which to host the meetings. Task 8. Public Outreach 8.1 The CONSULTANT will assist the CITY in establishing a public outreach program to gain insight and feedback from the disability community. Examples of public outreach materials include, but may not be limited to PowerPoint presentations, messaging for news and social media posts, public access surveys, and online mapping tools). 8.2 The CONSULTANT will conduct up to three (3) meetings with CITY staff and the Mayor's Committee on Persons with Disabilities to describe the process, timeline, and expectations associated with this project, as well as receive any general input they may provide. The CONSULTANT will produce meeting materials, lead and facilitate the ADA Advisory Committee Meeting, and prepare meeting notes from each meeting (1-hour, in -person or virtual meeting). Task 8 Deliverables: • List of local disability organizations and their contact information in Excel format. • Meeting notes from each meeting. • Electronic copies of each meeting presentation. • Web link to public access survey in SurveyMonkey. • Web link to online mapping tool showing existing CITY facilities. • Summary of online web survey and online mapping results in the ADA Transition Plan. CITY Responsibilities: • The CITY will conduct all internal coordination required to identify City staff to attend the ADA Advisory Committee Meeting. • The CITY will provide the names and email addresses of all staff identified to attend each Progress Meeting. City of Fort Worth, Texas Attachment A Page 6 of 7 FORT WORTH. The CITY will provide a location in which to host the meetings. The CITY will contract for all effective communication services, including but not limited to sign language interpreting and captioning services. Any request for the CONSULTANT to contract and coordinate directly with effective communication service providers will be considered Additional Services. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existinq Scope of Services — CITY and CONSULTANT agree that the following services are beyond the Scope of Services described in the tasks above. However, CONSULTANT can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the CONSULTANT as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Evaluation of CITY programs, services, and activities identified in Task 3. • Physical evaluation of facilities identified in Task 4 and/or other CITY owned/maintained facilities. • Development of facility reports for evaluated facilities that summarize ADA compliance issues, possible solutions, and planning -level cost estimates to remediate compliance issues, and prioritization of facilities for remediation. • Updates to the ADA Transition Plan to document evaluations. • Providing effective communication services, including but not limited to, sign language interpreting, and captioning services. • Providing deliverables in accessible formats. City of Fort Worth, Texas Attachment A Page 7 of 7 ATTACHMENT B COMPENSATION Professional Services for City of Fort Worth ADA Compliance Plan Lump Sum Project Compensation A. The CONSULTANT shall be compensated a total lump sum fee of $200,000.00 as summarized in Exhibit B-1 —Consultant Invoice and Section IV —Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The CONSULTANT shall be paid monthly payments as described in Section II - Method of Payment. Method of Payment A. Partial payment shall be made to the CONSULTANT monthly upon City's approval of an invoice prepared and submitted by the CONSULTANT in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the CONSULTANT. III. Progress Reports A. The CONSULTANT shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B Page 1 of 3 City of Fort Worth ADA Compliance Plan AM ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Kimley-Horn and ADA Consulting Services Associates, Inc. Proposed MWBE Sub -Consultants Non-MWBE Consultants Project Number & Name City of Fort Worth ADA Compliance Plan City MWBE Goal =NA City of Fort Worth, Texas Attachment B Page 2 of 3 Fee Amount % $200,000.00 100.0% $0.00 0.0% TOTAL $200,000.00 100% Total Fee MWBE Fee MWBE % $97,594.00 $0.00 0.0% Consultant Commtted Goal = NA City of Fort Worth ADA Compliance Plan AM EXHIBIT "B-1" CONSULTANT INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth, Texas Attachment B Page 3 of 3 City of Fort Worth ADA Compliance Plan Kimley)))Horn Invoice for Professional Services Please remit payment electronically to: If paying by check, please remit to: Account Name: KIMLEY-HORN AND ASSOCIATES, INC. KIMLEY-HORN AND ASSOCIATES, INC. Bank Name and Address: WELLS FARGO BANK, N.A., SAN FRANCISCO, CA 94163 P.O. BOX 951640 Account Number: 2073089159554 DALLAS, TX 75395-1640 ABA#: 121000248 CITY OF FORT WORTH ATTN: JOHN SMITH, P.E. 1000 THROCKMORTON STREET FORT WORTH, TX 76102 Federal Tax Id: 56-0885615 For Services Rendered through Jul 31, 2023 LUMP SUM (HA Ref # 061018401.1-25548613 Description BASIC SERVICES TASK 1 - TASK 2 - TASK 3 - TASK 4 - TASK 5 - TASK 6- TASK 7 - TASK 8 - Subtotal Total LUMP SUM Total Invoice: $10,000.00 Invoice No: 061019999-0723 Invoice Date: Jul 31, 2023 Invoice Amount: $10,000.00 Project No: 061019999 Project Name: ADA COMPLIANCE PLAN Project Manager: SHAMBURGER, BRIAN Client Reference: CPN 999999 FW080-000000000 % Amount Earned Previous Amount Current Amount Contract Value I Complete I to Date I Billed I Due 10,000.00 100.00% 10,000.00 0.00 15,000.00 0.00% 0.00 0.00 50,000.00 0.00% 0.00 0.00 60,000.00 0.00% 0.00 0.00 40,000.00 0.00% 0.00 0.00 15,000.00 0.00% 0.00 0.00 5,000.00 0.00% 0.00 0.00 5,000.00 0.00% 0.00 0.00 200,000.00 5.000/0 10,000.00 0.00 SAMPLE INVOICE 10,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10,000.00 10,000.00 61 RPL ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for City of Fort Worth ADA Compliance Plan No changes to the Standard Agreement City of Fort Worth, Texas City of Fort Worth ADA Compliance Plan Attachment C Page I of I FORT WORTH ATTACHMENT "D" PROJECT SCHEDULE A. CONSULTANT Project Schedule Development CONSULTANT shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement. CONSULTANT shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Consultant Project Schedule. CONSULTANT's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier" level for the CONSULTANT's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule CONSULTANT will produce an initial project schedule and submit as a "baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule CONSULTANT will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. CONSULTANT's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Worth, Texas Attachment D Page 1 of 1 EXHIBIT E CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered bythe commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non -owned autos is acceptable. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims -made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self -funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. 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. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable in the event of non-payment of premium. f. 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 as determined by the City's Risk Management division. g. Any deductible or self -insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first -dollar basis. City, at its sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims - made basis, shall contain a retroactive date coincident with or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 ACITY COUNCIL AGEND Create New From This M&C DATE: 8/22/2023 REFERENCE NO.: **M&C 23- 0672 LOG NAME: CODE: C TYPE: CONSENT PUBLIC HEARING: Official site of the City of Fort Worth, Texas FORT WORTH 08ADA CONSULTANT SERVICES M SUBJECT: (ALL) Authorize Execution of a Professional Services Agreement with Kimley Horn, in an Amount Not to Exceed $225,000.00, to Assess the City of Fort Worth's Compliance with the Americans with Disabilities Act and to Prepare the Scope of Work for an ADA Transition Plan, and Authorize Reallocating Appropriations in the Non -Departmental Department Budget in an Amount Not to Exceed $225,000.00 RECOMMENDATION: It is recommended that the City Council authorize the execution of a Professional Service Agreement, in an amount not to exceed $225,000.00, with Kimley Horn to assess the City of Fort Worth's compliance with the Americans with Disabilities Act and to prepare the scope of work for an ADA Transition Plan and authorize reallocating appropriations in the Non -Departmental Department Operating Budget, as appropriated, in the General Fund budget in an amount not to exceed $225,000.00. DISCUSSION: This Mayor and Council Communication is to authorize a professional service agreement with Kimley Horn in an amount not to exceed $225,000.00 to hire a consultant to develop, as phase one of a multi - phased approach, an Americans with Disabilities Act (ADA) compliance plan. This plan would document the City's efforts related to Title II compliance; include an inventory of City programs, services, activities, and facilities to be evaluated in future phases; recommend a required community outreach strategy plan; and include a budget and schedule to complete a full ADA transition plan. The City of Fort Worth is required to comply with Title II of the ADA. Title 11 covers a broad range of activities, including: Effective communication with persons with disabilities, including the provision of accessible documents, accessible websites and the provision of auxiliary aids or services. Accessible programs and activities, which includes making reasonable accommodations/ modifications in policies, programs, procedures, and activities to ensure that a person with a disability can access said programs and activities. Conforming to specific ADA standards in the construction of new public facilities and altering existing facilities. Accessible public transportation, including sidewalks, curb ramps, street crossings and more. Compliance procedures, including who may file a complaint, the time for filing a complaint, where to file a complaint, and compliance reviews. ADA transition plans are required by the ADA and Section 504 for public agencies with more than 50 employees. Under the ADA, public agencies were required to submit an ADA transition plan within six months of January 26, 1992, and according to 28 CFR §35.150(d), required that the plan include, at a minimum: Identification of physical obstacles in the public agency's facilities that limit accessibility of its programs or activities to individuals with disabilities; Description, in detail, the methods that will be used to make the facilities accessible; A schedule specifying the necessary steps to achieve compliance with this section and, if the time period of the transition plan is longer than one year, identify the steps that will be taken during each year of the transition period; and Indication of the official responsible for implementation of the Plan. According to the Federal Highway Administration and industry best practices, public agencies should routinely update their ADA transition plan to ensure that the ongoing needs of the community continue to be met. Additionally, in accordance with 23 CFR, 200.9(b)(7), the Texas Department of Transportation (TxDOT) is responsible for developing and implementing an effective subrecipient monitoring program that conducts reviews of cities, counties, consultant contractors, suppliers, universities and colleges, planning agencies and other recipients of federal -aid highway funds with whom it does business. The City is a subrecipient of federal funding through TxDOT. As noted previously, the last formal update to the City's transition plan occurred in 1992. Since 1990, Fort Worth's population has almost doubled in population from 447,619 (1990 Census) to more than 956,000 residents today. Additionally, technology has also advanced rapidly since 1990 with the creation of the internet, email, smart phones, texting, social media, artificial intelligence, and more. Consequently, the City's 1992 plan does not take into account new facilities, streets, sidewalks, curb cuts, and more; nor does it take into account any new policies, programs, activities, procedures and/or practices implemented since that time or address all the new ways technology is used by the City for residents to access programs, activities and services. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and adoption of the Fiscal Year 2024 Budget by City Council, funds will be available in the Fiscal Year 2024 operating budget, as appropriated, in the General Fund. Prior to an expenditure being incurred, the Diversity and Inclusion Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID I Year (Chartfield 2) Submitted for City Manager's Office by_ Fernando Costa (6122) Originating Department Head: Additional Information Contact: ATTACHMENTS Christina A. Brooks (8988) Angela Rush (6155) Alfred Henderson (8421) Approved Chapter 252 Exemption Form (ADA) PlanTransition.pdf (CFW Internal) FID Table.xlsx (CFW Internal) Form 1295 Certificate.pdf (CFW Internal) Waiver 252 Exemption 07-19-23.pdf (CFW Internal)