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HomeMy WebLinkAboutOrdinance 26823-04-2024Ordinance No. 26823-04-2024 AN ORDINANCE ADJUSTING APPROPRIATIONS IN THE TAX INCREMENT REINVESTMENT ZONE NUMBER TWELVE — EAST BERRY RENAISSANCE FUND BY DECREASING THE GENERAL OPERATING & MAINTENANCE CATEGORY IN THE AMOUNT OF $200,000.00, AND INCREASING THE TRANSFER & OTHER CATEGORY BY THE SAME AMOUNT, FOR THE PURPOSE OF TRANSFERRING TO THE TAX INCREMENT REINVESTMENT ZONE -GENERAL CAPITAL FUND FOR THE BERRY STREET CORRIDOR PLAN PROJECT (CITY PROJECT NO. 104214); PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2023-2024 in the Budget of the City Manager, there shall also be adjusting appropriations in the Tax Increment Reinvestment Zone Number Twelve-- East Berry Renaissance Fund by decreasing the General Operating & Maintenance category in the amount of $200,000.00, and increasing the Transfer & Other category by the same amount, for the purpose of transferring to the Tax Increment Reinvestment Zone -General Capital Fund for the Berry Street Corridor Plan project (City Project No. 104214). SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance 26453-09 2023 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: qV? 5h'T Assistant City Attorney ADOPTED AND EFFECTIVE: April 09, 2024 CITY SECRETARY lannette S. GoodalI City Secretary o�Of FOua'aa °°°°°°°°0 O � �0 00 0 d A4 4 2129124, 5:12 PM M&C Review The East Berry Street Corridor is located in COUNCIL DISTRICTS 5, 8, AND 9. FISCAL INFORMATION CERTIFICATION: The Director of Finance certifies that funds are available in the current captial budget, as previously appropriated, in the General Capital Projects & TIRZ-General Capital Funds for the Berry Street Corridor Plan project to support the approval of the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. Fund Department Account Project Program Activity Budget Reference # Amount 1D ID Year Chartiield 2 OM Fund Department Account I Project 1 Program 1 Activity Budget 1 Reference # Amount lD 10 Year (Chartiield 2 Submitted for City Managees Office by_ Originating Department Head: Additional Information Contact: William Johnson (5806) Lauren Prieur (6085) Monty Hall (8662) Kelly Porter (7259) ATTACHMENTS 20BERRY STREET CORRIDOR CONTACT FID table.xlsx (CFW Internal) 20BERRY STREET CORRIDOR CONTACT funds ayaliabllitypd (Public) Contract Compliance Memo Bevy Street Corddor pdf (CM Intemal) - EBerry St Study Area Map.pdf (Public) Form 1295 Certificate/00969291 Beay Street CorridorCPN104214.pdf (CFW Internal) SAM.gov Search Kimiey Ham.pdf - (Public) aAes.clwnet.crg/councll,packeYmc review.asp?lil=20560&councildate=t1/29/2M 212 FoRTWORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: E. Berry Street Corridor Design & Planning Study M&C: 22-1007 CPN: 104214 CSO: DOC#: Date: To: Name Department Initials Date Out 1: Barbara Pryor TPW.- initial Dec 9, 2022 2. Scott Arnold, Kimley--Horn Consultant - Signature s"" Dec 9, 2022 3. Mary Elliott TPW - Signature Dec 9, 2022 4. Kelly Porter T 1W -initial Dec 14, 2022 5. TPW Dar: Lauren Prieur (Interim) TPW - signature Dec 16, 2022 6. Doug Black Legal - signature Dec 20, 2022 7 William Johnson CMO - signature M Dec 20, 2022 8 Janette Goodall CSO - signature Dec 21, 2022 9 TPW Contracts TPW 10 VuLoUIVIEIN! S IfUK LITY MANAVEWS SIUNATURE: All documents received irom.any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES MNo RUSH: ❑YES MNo SAME DAY: ❑YES ❑No ROUTING TO CSO: MYES ❑No Action Required: ❑ As Requested ❑ For Your Information ® SignaturelRouting and or Recording ❑ Comment F1 File NEXT DAY: ❑YES ❑No ❑ Attach Signature, Initial and Notary Tabs Return To: TPWContracts@yortWorthTexas.gov at ext. 7233 or 8363, for pickup when Pam pleted. Thank you! Updated 12.07.2022, rdhw CSC No. 58642 CRY 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 rCity), and IQmley-Hom and Associates, Inc., authorized to do business in Texas CConsultanf ), for a project generally described as: East Berry Street Corridor Design and Planning Study ("Project") — Project No.104214. Article I Scope of:Services (t) 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 11 Compensation Consultant shall be compensated an amount up to $700,000.00 CContract Amount') In accordance with the Fee Schedule 'shovm 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. Constiltant 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 underthis 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 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 eomple0on of the subject matter pursuant to QtYa F0dWajM. Tex= E=EerryWeet Corridor Design and PrannftStudy Standard Agm merdfor Prof **anal Ser trps CPN 104214 P-"on fY�—_ km=berM, IOZ1 Page 1 of 9 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 Consultantshall operate hereunder as an independent contractor and not as art officer, agent, servant, or employee of City. Consultant shall have excluslye 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 ads and omissions of its officers, agents, employees, contractors and subcontractors_ The doctrine of respondeaf 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 jaintventure 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, ATNO COST TO THE.C1Tl ; AGREES TO INDFMNIFYAND 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 LOSTPROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAYRELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSUL TANT'S BRFACFJ OF (r) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (it) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER, 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. Cityot Fort Worth . Terms Lust Berry Street Corridor Design and Planning Study Shandard Agreementfor Rrofessbnal Services CPN 104214 Rear pale: NovemberZl, 2021 Paget or9 Article Vll 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 Vlll 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 'govemmental authority andfor 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 discontinde Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article 11 of this Agreement and in accordance with Exhibit 013". Article X1 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 C1tyof FOrtWcWL Tams East 13erryStreet Corridor Design and Plantiing Study Standard AgrepnentlarP�nfessional Servlae9 CPN 104214 itevtslor, Dale: NoverntrPs 23.2021 NO 3 at9 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 thls 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. (8) Consultant and subcontractor(s) agree to photocopy such -documents as may be requested by City. Cityagrees to reimburse Consultantforthe cost of copies at the rate published in the Texas Adriiinistrative Code in effect as of the time copying Is performed. Article Xil 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 Consultants 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 resultin the termination of Agreement and debarmentfrom participating in City contracts far a period of time of not less than three (3) years. Article Xlll 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 arid corriply 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 or Its subcontractor(s). Ckya} FottWotth Tc= East BerryStreer CorridorDesign and Planning Study StandardAgreemer4lorProfc5; lor.wSerrteea C13.N104214 Rei Wan Date Nmrnber23, 2024' Page 4 of a 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 Verifcation 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 Iegally 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 ofAgreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court fot the Narthem 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 revise d. Agreeme nt 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 Consultanrs respective right to insist upon appropriate performance onto assert -any such Tight on -any future occasion. 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 City of Fw%Worth.Texas East BcrrySar= Corridor Design and Planning Study StaridardAgreementrorProfesslonel Services CPN 104214 Revision GawNovember 2X2021 Pag8 5 bf a 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 of 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: Kelly Porter Transportation and Public Works Department 200 Texas Street Fort Worth, Texas 76102 Consultant: Kimsey -Horn and Associates, Inc. Attn: Jeff Whitacre 801 Cherry Street, Suite 1300 Fort Worth, Texas 76102 All other notices may be provided as described above or via electronic means. Article XU( Prohibition On Contracts With Companies Boycotting Israel 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. CRY of Fort WOM Texas East Betty Street Carridar Design and Planning Study Standa+d Agreement for Pra[es lww setvlc es CPN 10421 A ReNslor Oats: laovember 23, 2021 Page 9 of a 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 Goverment 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 teterms rm of the contract against a firearm entity or firearm trade association. The tes "discriminate," `firearm entity" and "firearm trade association" 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. 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. Gaya} Fort Word%Te= East Berry Street Corridor Design and PlanningShtdy Stardard V eenwl for Profs=Wnal Services CPN 104214 Revision Date: November 23, 20M Page 7 of 9 Article =11 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 folioWng 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 - Locati6n Map Attachment F — Insurance Requirements Duly executed by,each partys designated representative to be effective on the date subscribed by"the Cit?s designated Assistant City Manager. BY: CITY OF FORT WORTH LLA SKi14n (D . 2^7 MIS CST) William Johnson Assistant City Manager Date: Dec 20, 2022 ATTEST: Ie S Gwcfall(Dcc21.= ST) Jannette Goodall City Secretary APPROVAL RECOMMENDED: �/;umen Pne�r[n�e te.7antu5esTi Lauren Prieur Interim DQecbr, Transportation and Publioworics BY: CONSULTANT lGmley.--Horn and Associates, Inc. Scott Arnold IGmley--Hom and Associates, Inc. Date: Dec 9, 2022 CRY of FartWorth, Texas East BerryStreet Corridor Design and PlannGgStudy Standard Agra mantfdr Professional Ser%icm CPN 104214 Recision Date: Now-, ber23, 2021 Page0of9 APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2022-945817 WA M&C No.: 22-1007 Byo,�uz±tom 4 Douglas W Black M&C Date: November 29, 2022 Sr. Assistant City Attorney Contract Compliance Managers: 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. Mary Elliott, Mul imodal Planning Manager CRY of Fort Worth, Taws East Berry Street Corridor Design and Planning Study Standard 1peemerntfor Profession! Seryiees C PN 104214 Revision Rode: November 23, 2021 P.,999or9 ATTACHMENT "A" East BeMrr Corridor Design and Planning Stud� 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 dearly define the work to be performed and address the needs of the Project. OBJECTIVE Berry Street is a regional minor arterial that runs from west to east, starting with its intersection with Bellaire Drive and terminating just short of Lake Arlington to the east. This study will examine the corridor east of 1-35W (about six miles) to develop a set of context - sensitive corridor concepts, strategies, and actionable steps to help transform East Berry Street Into a smart, walkable, multi -modal corridor for all -ages and abilities. The study will position the East Berry corridor for development and re=development opportunities, stronger community connectivity, and improved access to greater Fort Worth's economic opportunities and jobs. Strategies should consider equity and market feasibility, while addressing future cross -sections, access management, multi -nodal transportation elements, safety Improvements, operational improvements, and recommendations for a private realm built form. These elements are to support different modes of transportation and create a sense of place. WORK TO BE PERFORMED Task 1. Project Management and Coordination Task 2. Community Engagement Strategy Task 3. Assessment Task 4. Analysis Task 5. Concept Plan Alternatives Task 6. Action TASK 1. PROJECT MANAGEMENT AND COORDINATION CONSULTANT will manage the work outlined in this scope to ensure efficient and effective use of CONSULTANTs and CITY's time and resources. CONSULTANT will manage change, communicate effectively, coordinate internally and externally as needed,, and proacUvely .address issues with the CITY's Project Manager and others as necessary to make progress on the work 1.1 Team Management • Lead, manage, and direct team activities including subconsultants • Ensure Quality Control / Quality Assurance (QC/QA) is practiced in performance of the work. • Communicate internally among team members. • Task and allocate team resources. Ory of FodWort , Texas East Berry Cordd Deslgn and Planning Study AtWctmerdA CPN 104214 PMO Roleo_se bate: 07.232012 Page 1 of 14 • Create a Project Work Plan that will provide a brief understanding of the project, highlight the project team members involved, and include a milestone schedule that assigns target dates to each deliverable. Project contacts, data exchange protocols, and invoicing procedures will also be discussed in this document. 1.2 Communications and Reporting • Prepare and submit monthly invoices, in accordance with Attachment B to this Standard Agreement, in the format requested by the CITY. • Prepare and submit monthly project status reports In the format provided by the respective Transportation and Public Works Department. G Prepare and submit monthly M/WBE Report Form and Final Summary Payment Form at the completion of the Action Plan. • Prepare and submit baseline project schedule initially, and project schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement. 1.3 Progress Meetings • Attend up to twenty-four (24) monthly progress meetings with the CITY to review progress, provide updates, and receive feedback on the work. • Schedule, provide logistics, conduct, and prepare meeting notes for progress meetings. CONSULTANT will provide materials needing review five business days ahead of time for CITY review. ASSUMPTIONS • Project is anticipated to take twelve (12) months. • CONSULTANT will prepare meeting materials. DELIVERABLES A. Project Work Plan B. Monthly invoices, status reports and MfWBE Report. C. Baseline project schedule. D. Meeting summaries with action items. E. Subconsultants Contracts TASK 2. Community Engagement Strategy 2.1 Community Engagement.Plan • Develop a plan for community and stakeholder outreach and communication. The Community Engagement Plan will incorporate outreach and engagement methods that will foster meaningful participation and provide needed input for the successful development and implementation of the Fast Berry Corridor Plan The Community Engagement Plan wBl also identify a list of key stakeholders. CrrYof FWWOM, Tems Page 2 of 14 Attadunent A East Berry Corridor Design and Planning Study PMO Rofease Date: 02M2015 CPH 104214 Page 2 of 14 2.2 Stakeholder Advisory Committee The Stakeholder Advisory Committee (SAC) (to be identified by the City) will serve as a review, input, and advisory body for the corridor study throughout the planning process. The CONSULTANT will meet with the SAC at key points during the planning process to present topical materials and obtain feedback and recommendations from the SAC. The City will be responsible For providing a venue for the committee meetings and notifying committee members of meeting dates and times. The CONSULTANT will provide agendas and materials for facilitated discussion at each meeting. Customized East Berry Corridor Plan Business cards using the City's will be provided to the committee to hand out for the project website. • Over the course of the project, the CONSULTANT will conduct five (5) meetings with the SAC with up to two members from the CONSULTANT team in attendance. Meeting topics are summarized below. Meeting 1 Team Intro and Discovery Meeting 2 Assessment Meeting 3 Analysis Meeting 4 Concept Plan Alternatives Meeting 5 Action 2.3 Open Houses • The CONSULTANT will use three sets of open houses with the community. The CONSULTANT will prepare the materials for the events. The City will secure the venues. If food or entertainment is desired City will secure those items for the public meetings. The following Open Houses are anticipated: Open House 1: Community Symposium. This open house will be designed to elevate the projects importance in the minds of the community leaders and public, increase awareness, and gather valuable Information. This open house will be designed to educate the public but also help establish the boundaries and locations for the concepts to be developed in Open House #2. Two Open House #1 are anticipated. The CONSULTANT team will provide up to four staff to set-up and facilitate this event. Two of the staff are anticipated to be with the Community Engagement SUBCONSULTANT. Open House 2: Charrette Style Open House. This open house will focus on concept plans and what the corridor could look like. This event will occur over a 3-day period ending with a presentation to display the final result. One Open House #2 is anticipated. The CONSULTANT team will provide -up to six staff to set-up and facilitate this event Two of the staff are anticipated to be with the Community Engagement SUBCONSULTANT and two of the staff will be from the Urban Design and Zoning SUBCONSULTANT. Open House 3: What's Next, Action Plan. This open house will be designed to display the results and describe what`s next for the community as the implementation occurs. Two Open House #3 are anticipated. The CONSULTANT team will provide up to four staff to set-up and facilitate this event Two of the staff are anticipated to be with the Community Engagement SUBCONSULTANT. crnrofFortwonn, rams Page 3 of 14 MadeWease DataentA 02 06 7D15 East Barry corridor Deslgn and � �stndy PO Page 3 of 14 2.4 Focus Groups and Targeted Outreach Outreach will be conducted to ensure vulnerable populations are represented in the planning efforts. Vulrierable.populations are defined as low-income, minority, senior, school -aged, people with disabilities, zero -car households, populations with limited English proficiency, and other groups as deemed necessary. Outreach materials may need to be translated Into Spanish and other languages as needed. Targeted outreach may be used to elicit feedback from elected officials, property owners, businesses within the district, developers and other groups or populations as deemed necessary. The CONSULTANT will attend up to ten (1 D) focus groupsltargeted outreach throughout the project with two employees. It is anticipated that at least half of these will be virtual. 2.6 Online Presence An online hub for engagement will be maintained and operated by the CONSULTANT during the duration of the project. The CONSULTANT will utilize Social Pinpoint for the online hub. The online hub will host a variety of activities. It is anticipated that the Social Pinpoint will be updated in alignment with the open houses identified in Task 2.3 and include a digital survey at the beginning and end of the project, online interactive map tool and a document library with copies of public meeting boards. A hard copy version of the activities will be available for use. 2.6 Outreach Outreach content will be developed by a subconsultant for use by the _City to promote involvement in the project, and includes the following In both English and Spanish: ■ Public meeting notices for each open house in Task 2.3, 15 days prior to the meeting ■ Project overview handouts on 8.5 x 11" format for each open house in Task 2.2 • Project fact sheets (up to 2) • E-mail blasts (up to 6) — every other month • Media releases (up to 3) -- after open houses • The City will manage the social media. The CONSULTANT will provide materiallposts for up to two social media posts per month (up to 24) 2.7 Engagement Documentation • Document engagement metrics, photos of events, and develop a report of each public meeting and stakeholder meeting to be included in the draft and final report as an appendix to the overall corridor study report. ASSUMPTIONS • ENGINEER will prepare all meeting materials. CITY will print materials. CrrYvrFortWarth, Texas AttadhmentA PMO Release Dam: 020 .2015 Pegs 4 of 14 Page 4 of 14 East berry Cw ldnr Design and Planning Study CPT! 104214 i City will approve items before posted online. t ! O Meetings will be in person. j ■ City to sign contract and pay for venues if necessary. DELIVERABLES A. Community Engagement Plan and Meeting Schedule B. Materials for Stakeholder Advisory Committee Meetings (5 meetings) C. Materials for Open House (5 open houses total) D. Meeting Notes for Stakeholder Meetings E. Survey F. Outreach material G. Content for posting on website TASK 3. Assessment 3.1 Data Collection • The CONSULTANT will collect available CITY data to evaluate existing transportation, land use, market, and environmental (natural, built, human) conditions within the project study limits. The CITY will provide the following items: ■ Any ongoing construction work for the corridor between IH,35W and Lake Arlington ■ City of Fort Worth Comprehensive Plan and Future Land Use Map (2022) ■ City of Fort Worth Master Thoroughfare Plan (2016) ■ South East Fort Worth Master Plan ■ City of Fort Worth Active Transportation Plan (2019) ■ City of Fort Worth Park, Recreation and Open Space Master Plan (2020 Update) ■ City of Fort Worth Race and Culture Taskforce -- Final Report (2018) ■ NCTCOG Mobility 2045 ■ take Arlington Master Plan (2011) and subsequent CFW implementation matrix ■ Lake Arlington Shoreline Trail NPS Survey Results ■ CFW Open Space Conservation Program land prioritization tool (2022) ■ Current zoning ■ Subdivision Regulations ■ Cavile PlacetStop Six Improvement Plans (coordinate with transit) ■ Economic Development Revitalization Target Areas o Request for 2c ssion of interest at NW comer of Berry and Loop 820 ■ TxDOT Southeast Connector/Loop 820 Project ■ City of Fort Worth Economic Development Strategy & Refresh (2017 & 2022) crrrorrrortwoM, Texas Page 5 of is AltadimentA Fast Berry Corridor Design eM Plamitng Study PMd Reteasa Date, 02.06.2015 CPN tOR21b Page 5 of 14 3.2 Assess Existing Conditions and GIS Basemapping The CONSULTATION will set up GIS basernapping for the corridor and SUBCONSULTANT will use ArcGIS Utban as a foundation for GIS analysis. The data collection will pay particular detail to multi -modal transportation items, including counts at signalized intersections (via available data). These base maps will be the foundation for the field verification and will include locations of exisUnglmissing sidewalks, bicycle facilities, bus stops, crosswalks, curb ramps, driveways, wayfurding locations, and other infrastructure that will impact multi - modal transportation. As part of the basemapping, boundaries will be established to indicate different context and neighborhoods along the corridor. Existing Conditions Synthesis Map to include: ■ Delineation of corridor influence areas, neighborhoods, sub areas and character areas • Identification of current and proposed roadways, transit, bicycle infrastructure, sidewalks, and traits ■ Outline anchors, business activity centers and hubs ■ Identify community assets -- amenities, facilities, destinations, historic and/or cultural assets, and parksfopen space • The CONSULTANT will review Level D Subsurfaoe Utility Engineering (SUE) to identify existing utilities and their general location to be utilize in fatal flaws during the corridor concept plan alternatives (Task 5) • Upon completion the CONSULTANT and CITY will tour the corridor and discuss existing conditions 3.3 Market Assessment Utilizing commonly accessible data from the City. ESRI, and US Census, the CONSULTANT will collect detailed irrformation, analyze the data and develop analysis on the potential for the corridor. This will be based on several factors, including: ■ Population trends ■ Ethnicity ■ Income Jobs and employment ■ Psychograhics & tapestry segments ■ Housing trends ■ Retail potential ■ Office market conditions • These will establish a base market profile that will then be extrapolated to determine potential for selected catalytic sits, along with a strategy for realizing the actual growth potential and timeframe for absorption within the corridor. 3.4 Vision and Goal Setting clrrorr-ortwo11%re29 Page 6 of 14 Attachment A East Seny Canidw Design and PtambV Sludy PMo Release Date: 02062015 CPN 104214 Pave6or14 • The CONSULTANT will utilize the online engagement and iterative process with the SAC to develop vision and goals For the corridor. The vision and goals will serve as a basis for &e development of the corridor. The on-line survey will ask strategic questions regarding vision and goals. The SAC will weigh-in and during the Open House #1 these vision and goals will be presented. 3.5 Land Use and Zoning Assessment • The SUBCONSULTANT will review the City Comprehensive Plan, Futurie Land Use Plan and other past plans relevant to the study area. Key findings and preliminary recommendations will be summarized and transmitted to the CITY and included in the Foundation Report (Task 3.6). The SUBCONSULTANT will examine the existing zoning landscape along the corridor and identity metrics and regulations that may be producing undsireable outcomes in the built environment. This analysis will include a review of uses, setbacks, floor area ratio (FAR.), and other metrics associated with site development. Key findings will be presented to the CITY as a baseline for -future remedies that will more closely align with the vision and the market. 3.6 Foundation Report The CONSULTANT will establish a foundational understanding of current conditions and expectations for the corridor from a current conditions assessment, community needs, a review of other plans and studies, and input from the first round of public engagement. The vision will be a value proposition to capture future possibilities summed up in a brief and graphical deliverable used to communicate with participants and serve as the first in a series of deliverables. ASSUMPTIONS • Data will be formatted in GIS, AutoCAD, and Excel. • Engagement during this phase will be Open House #1 and survey on website. DELIVERABLES A. Existing conditions base map B_ Existing Conditions and Needs Assessment Report (Foundation Report) C. ArcGIS Urban Model D. Zoning Analysis E. Level D SUE TASK 4. ANALYSIS 4.1 Muldmodal • The CONSULTANT will evaluate mobility operations within and throughout the corridor. The existing multi -modal facilities will be evaluated to identify current opportunities for enhancement. The following will be evaluated: crrirorFbdWartn, Tam Page 7 of 94 Attachment A East Berry Corridor Design and RwIng Study PMO Release pate: 02.DB 2015 CPN 104214 P�ge7at14 ■ Traffic analysis: The Kimley-Horn team will develop a baseline analysis for intersections and street segments based on existing vehicular level of service and a future conditions analysis based on growth from the NCTCOG Travel Demand Model. • Safety Analysis: Based on our field observations and review of the vehiclelpedestrianfbicycle crash data, CONSULTANT will identify applicable safety countermeasures to be implemented along the corridor based on the Crash Modification Factors (CFM) available in the Highway Safety Manual, the Unsignalized Intersection Improvement Guide, and the Crash Modification Factors Clearinghouse. • Connectivity: The CONSULTANT will evaluate the street grid along the corridor and identify barriers that might prohibit the establishment of a street grid. This evaluation will include connectivity and access to transit. • Pedestrian experience: The Consultant will identify gaps in the sidewalk connectivity and improvements to the walking-expeoence along Berry. • Bicycle experience: The CONSULTANT will complete a bicycle inventory and analysis to improve bicycling and connectivity in the area. Transit assessment: The CONSULTANT will conceptually review and evaluate transit (including micro) within the corridor. ■ Low impact development opportunities: The SUBCONSUI_TANT will evaluate potential drainage and water filtration components found in low - Impart development and green streets to reduce and mitigate urban heat islands_ 4.2 Emerging Technology • The CONSULTANT will evaluate opportunities for technology including_ fiber conduit, smart signals, electric vehicle charging stations, connected Infrastructure, and other smart technologies to make this a HOT condor that includes the advanced technology infrastructure to enhance smart cities. 4.3 Land Use Suitability Analysis • The CONSULTANT will create a land use,inventory that, when considered with future entitlements, will convey enhanced carrying capacity for the corridor. The undeveloped and underdeveloped parcels will be flagged for further evaluation for market and development feasibility and potential catalytic development sines with a focus on publicly owned land. 4.4 Potential new development/Redevelopment Analysis • Walkable/MU redevelopment focus area analysis — The analysis willalso consider areas that -have the greatest potential for placemaking and enhanced walkability that need to be prioritized for redevelopment or new development. ArcUrban will complement this analysis. The analysis would evaluate issues and opportunities including barriers to redevelopment, market opportunities and gaps, Cr Yof FortW*th, Texas Page 8.of 94 AttachmerdA East 9aW Cwddw Design and Planning Study' PMO Polo Sa late: 02.062M C;PN M4214 Page 8 of 14 and considerations of connections and transitions to adjoining neighborhoods. In addition, the analysis will prioritize leveraging existing assets such as access to Lake Arlington, area parks, trails, and shopping. ASSUMPTIONS • CITY will provide GIS data for analysis. DELIVERABLES A. Existing and future Synchro traffic analysis models B. Summary of proposed multi -modal improvements C. Land use analysis TASK 5. Concept Plan Altemative 5.1 Street Design Concepts The East Berry Street changes context along the corridor. The Fort Worth Master Thoroughfare shows East Berry Street as a corridor that changes multiple contexts as one travels through it. It changes from a commercial corridor to a neighborhood corridor to an activity street. The street design concept shall Identify alternatives for cross sections along East Berry Street and within the study and should be based on these changes in context. The corridor concept will be an illustration that shows the following recommendations. The corridor concept will illustrate recommendations for Task 4. The CONSULTANT will prepare up to five (5) prototypical roadway enlargement plans (400') to Illustrate the design intent for the range of improvements Identified along the corridor. • An conceptual alignment evaluation,will be completed to connect the Lake Arlington area, east of US 820 from 30.3 to IH 20 to me added to the CITY's Master Thoroughfare Plan. 5.2 Development Design Concept Based on the inputfrom the previous two phases, the team, in collaboration with the City, will identify up to four strategic opportunity sites along the corridor to be the subject of more detailed study. The SUBCONSULTANT will lead the urban design exercise to snow potential redevelopment scenarios for the opportunity sites. illustrative plans and basic three-dimensional massing models will show proposed infill development (including building/ housing types), Type 'A' Frontages, potential catalytic sites, recommended block structure, new streets. parking consolidation, and placemaking. This task will occur primarily during the Open House #2 in Task 2. CITY0dF0rtwar1N Tm= Page 9 of 14 AttachmentA East Berry Corridor Dealgn and Planning Study PMO Release oats; 02.OS 2015 CPN 104214 Page 9 $14 5.3 Form Based Code Framework Concurrent with the development of the concept plans, the zoning and code team, led by the SUBCONSULTANT, will begin to establish a recommended form -based code zoning framework to establish key metrics that will facilitate the vision illustrated in the concept plans. The framework will establish boundaries for implementation of new zoning and may use various tools, including base zoning and overlay zoning to establish design standards. The framework will address elements of use, setbacks and build -to lines, establish priority frontages (W Frontages), building scale, and parking. The Preliminary Code Framework document will be reviewed with City staff and amended prior to the start of the coding task in Task B. 5.4 Fiscal Evaluation The CONSULTANT will develop the following for up to four catalytic concepts: ■ Financial Assessment Kimley-Horn will prepare high-level financial assessments for up to four catalytic concepts along the last Lancaster Corridor. As part of the assessments, we will compare a summary of development costs with expected project revenues to determine if each concept has a return on investment that would be attractive for private development. Project costs, including construction costs and operating expenses, will be based on regional averages for each of the different land uses. Revenues will be based on average price points identified as part of the market research. ■ Go -to -Market Strategy. The CONSULTANT, wr11 prepare go -to -market strategies for up to four catalytic concepts. The strategies will utilize recommendations identfied in Task 5.1 and Task 5.2 and provide additional insight based on the concept, location, and infrastructure improvements that are planned. 5.5 Public Validation and Check -in: At the end of Task 5, the team will undertake formal presentations at the Advisory Committee, City Council, and any other boards and commissions to get a sign -off on the vision, concept plans, alternatives, and form -based code framework. This is a significant milestone that will direct the action plan, regulatory changes, and capital investment needed to implement the plan and as such, a public validation will be critical to make sure the project is moving in the right direction. ASSUMPTIONS • Up to four catalytic site • Concept plans for sections of the roadway. • One (1) round of comments will be addressed. cnYofFort wortt,, Twms Page 10 of 14 JufachmentA East 9erryConidor Design and MinnEng study PMQ Releaser Date: 04.0620f5 CPN 104214 Page 10 of 14 • Engagement during this phase will be Open House #2, focus groups, and preference survey on website. DELNERABLES A. Planning level cross sections by context area B. Street Network Plan C. Concept Plans for Key Nodes D. Form -Based Code Framework E. Financial Analysis Report TASK 6. Action 6.1 Form Based Code and Zoning Based on the Concept Plans and FBC Framework developed in Phase 39 the SUBCONSULTANT will develop the draft Form -Based Code tools that will provide the City with the necessary zoning tools to implement the vision for the corridor.and mixed -use nodes. The code will be structured and delivered in three components: it New Zoning Categories; The intent of our approach is In use existing zoning categories such as MU-1, MU-2, and UR to the extent that they are appropriate with the vision. Up to.two new base zoning categories will be develop if necessary to implement the vision for the East Berry Street Corridor. Regulating Plans: The SUBCONSUI_TANT will prepare a Regulating Plan for the corridor, which will include the proposed activity areas and nodes (this may be one Regulating Plan or separated into several Regulating Plans). These areas should be prioritized based on the timeline for implementation of public improvements to enhance walkability. The Draft Regulating Plan(s), will regulate development at each node to promote high -quality mobility. connectivity, and access defined by a multi -modal street grid, street type, and building orientation. The Regulating Overlay will geographically establish the key public realm elements such as street types, special frontage designations, and placemaking elements. Form -Based Standards. These standards will provide the more detailed requirements for both the private realm (building and site development) and the public realm (streets and open spaces). The standards will be written as a single code section to cover the anticipated conditions found in the station areas and mixed -use nodes which will be the subject of the overlay. o Private realm standards will include basic building forrn standards, parking location standards, functional building design, signage standards, and transitions to adjoining neighborhoods. MY ofFonwo-Ek Toms Page 11 of 14 AttachmerdA East Barry corridor Resign and Planning Study PMO Release Data: =06=15 CPN 104214 Page 1 i of 14 IJ o Public realm standards will include public spacelstreet standards defining design attributes and geometries that balance the needs of motorists; pedestrians, bicyclists, and transit riders (complete streets) while widths, parking, curb geometry, trees, and lighting. City will be responsible for mailing to effected property owners and will facilitate comments on the zoning that will be filtered to the CONSULTANT for responses. 6.2 Acton Plan • The CONSULTANT will identify near, short-, mid-, and long-term priorities and may include projects that can use existidg funding sources —bond program, roadway rehabilitation, or current programmed Transportation Improvement Program (TIP) or Capital Improvement Program (CIP) projects. The near and shortnshort projects to utilize the 2022 frond funds will be programed In more detail on project sheets. 6.3 Summary Report • The CONSULTANT will prepare and submit a draft report in the following format • Corridor Vision Executive Summary — Short document the documents the recommendations and value of improved corridor • Design Workbook — Summary that include relevant designs for catalytic land opportunities and transportation infrastructure • Summary Report: Public document that memorializes the process with graphics, charts, tables and map and key projects. ■ Appendbc Technical Analysis and Summary of Public Outreach The technical materials (maps, analysis, etc.) will be delivered throughout the project at various SAC and CITY meetings. A summary of the final materials and direction will be discussed with the SAC at the Open Houses. The review process for,the report by the CITY is intended to be: • 60% - technical materials — pull Review (occurs during other Tasks) • 80% -word version of the report— Full Review • 95%-Final Draft layout— Minor Review 6.4 Plan AdopUan Process The CONSULTANT will prepare for and attend up to five (5) meetings during the adoption process. The CONSULTANT will prepare up to two versions of the presentation for adoption. • Plan Adoption Process: Includes Advisory Committee, City Council, and boards and commission meetings associated with adoption of the plan as a policy guide. This ,process does not include any amendments to the Zoning Ordinance or rezoning of properties under any new zoning districts established. CrrYof FbdWath, Taus Page 12 of 14 Attachment A East BeeryCe ldw Dedgn and Planning Study PMD Releaso Data: 02.062015 CPH 104214 Page 12 of 14 Zoning Ordinance Amendments: This task includes the creation of draft amendments to the ciVs zoning ordinance (Including changes to existing zoning districts and/or creation of, any new zoning districts) but does not include required public hearings for adoption of the amendments to the zoning ordinance. This task will Include gathering and curating public input as part of the overall plan process on the recommended zoning amendments only. Rezoning Properties: Based on the specific zoning framework recommended, the plan may recommend rezoning of properties to implement the specific vision for redevelopment. While the process will develop any regulating plans, overlays, and recommended boundaries for zoning changes, it will not include any required public hearings for zoning map amendments. This task will Include gathering and curating public input on the recommended zoning boundaries and changes as part of the overall plan process. ASSUMPTIONS • City will be responsible for required rezoning engagement. CONSULTANT wiii handle focus groups leading to the rezoning. • City will provide 2 rounds of consolidated comments on the Summary Report • Engagement during this phase will be Open House #3 and a specific zoning comment process for the notified properties. • Upon completion of the study, control of the project website will be removed from the consultant and provided to the City of Fort Worth. DELIVERABLES A. Form Based Codes B. Action Plan with Key Projects C. Summary Report D. Presentation adoption process. Additional Services not included in the exMnq Scope of Services — CITY and ENGINEER agree that the following services are beyond'the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CnY's written request. Any additional amounts paid to the ENGINEER 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: • Evaluations outside the study area. • Additional meetings beyond those identified In the scope of services. • Negotiation of easements or property acquisition. • Individual Zoning Correspondence crryofr-ortworttaraw Page 13 of 14 AttadmmtA rat Berry Corridor Design and P[am Study PMO Release Date:OZDS2015 CPN 104214 Pags 13 of 14 • Services related to development of the CrI Y's project financing and/or budget • Services to support, prepare, document; bring, defend, or assist in lifigatlon undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. C1rYoffortworth, Te= Page 14 of 14 .AnachmentA East eery e«ddw Destgn and Plamin5 spray PMO Relaaw OBte: 0206=s CPN 104214 Page 14 of 14 ATTACHMENTS COMPENSATION Design Services for E. Berry Street Corridor Project City Project No.104214 Not to Exceed Sum Project I. Compensation A. The CONSULTANT shall be compensated an amount not to exceed $700,000 as summarized in Exhibit B-1-- Consultant Invoice and Section N—Summaryof Total Project Fees. The project budget shall be used 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 11 - Method of Payment. IL 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 terns of this Agreement by an officer of the CONSULTANT. E. Each invoice should withhold -fnre _petiaht ,(5%) of the chetg@0 amount for ibl:airfage.; Retalr;age %will oe-feleabed in full ►Atff-ifetisfactory completion of each �roje`ct task as ideritrtieii,iri ihe.soope"(Eidiibit`A) 111. 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 Fbrt w wow Texas Machmenl8 E. Beny Street Corridor Design &Planning Atl PMO ot[lctal Ftafease Data. 8.D92012 CPN# 104214 Fyage 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary. of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Project Management, I ssoCl-Hom and Transportation Corridor Associates, Inc. Analysis, Economics Proposed MBE19BE Sub -Consultants $4DO,ODO 57.2% Livable Plahs and Zoning and Development Codes Concepts $140,000 20.0% K Strategles Group Engagement Coordination $70,000 10.0% Non-MSEJSBI± Consultants Mend Collaborative Green Infrastructure $20,060' 2.8% VieWpro ArcUrban. $70,0Q0 %0% TOTAL $70D,000.00 100% Project Number & Name Total Fee MBEJSSE Fee MBEISBE % $ 700 000.00 -$210 000.00 30% % City MBEISBE Goal =-10 % atyar Fort W°rth. Temi4 ,AM3:1 rrentS PMO Ofldal Rel&iso Data SM2012 Fase2ora Consultant Committed Goal = 30_ % E. Berry Street Corridor, Design & Planning CPN# 104214 B-2 m vr= O xm m W Z E. O R V CL 7 I CaysarntaFCallracttdm: I D I D IF.Q t . m- .... I Pcn S:hlmS�t Ia I ApgodcaM4, I D I "; �,�" I D 1 Jlpyttctf=Dt:t_ I LDl1DDD I Fand[n0 � gileol�oa tF101 oLa Complatcd J�iniR'a1na o 9rosv F"•Ra-la-I e t el 0 � ' 0 ! � o I 0 I I =7 D --- I 0 I [ F t I! 1 0 I , I t l l 0 1! I r I 11 f 1 o I I 6 1 0 1 ! t I I 0 11 .1 1 l 0 1 t 1 D 1 I I I 1 I 0 III I I I I 1 ! 1 .....,.w._�.....��.�"�.-.......".�� ��--..--..��w .'.-..n"•� Chan eQrder2 .�•�'..�......�- I 0 D [ 1 I i t 0 1 0 I I D 1 1 l 1 1 p I I I d 1 ! I 1 D I ! I I 0 I I I f 0 1 I I�I Chan a Crder3 rII J j D N EL ca aW 0 a .V N ' Na mm UI U ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Berry Street Corridor Plan CIty Project No.104214 No Changes At achment Cam' Texas E. BerryStreet CeRldcr t]eslgn 8 Planning study PMO Releaso Data 05.192D10 CPNM 104214 Aage]ot1 ATCACHIMENT D PROJECT SCHEDULE Task 1. Project Management and CoordIna6on Ongoing Month 1-18 Task 2. Commun'ify Engagement strategy Ongoing Month 1-18 Task S. Assessment Month 1-4 Task 4. Analysis Month 4-7 Task 5. Concept Plan AltemaUves Month 7-10 Task 6. Action Plan Month 11-18 E. Berry Street Corridor Design & Planning study CPN# 104214- � ee�snnaunw,avicuace �7 mra oono caeiier r oia7r ar epan�aaa r� eO:MDCR raaaEY Ncd NMUV" 7FMaa■C6pg9riilvnr ®Sir is -CAST ovw aLNanlanLi M14• "L ruLLr" lun:ron�c {5 _ QE'RRY t lu LT EXHIBIT 1= 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. i. City small 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 atforded 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 the Project. If Insured owns no vehicles, coverage for hired or non -owned 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. c. Workers' Compensation —Insured shall maintain workers compensation and employers liability insurance and, ,if necessary, commercial umbrella liability CFW Standard insurance Requirements Page 1 of 3 Rev. 10.03.18 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 acid employer's liability or commercial umbrella insurance obtained by Engineer pursuant to this Agreement. d. Professional Wal ility (Errors & Omissions) — If appropriate, 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 claims -made, and maintained for the duration of the contractual agreement and for three (3) years fallowing completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the fist 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 thereon, subject to any defense provided by the policy, as its interests .may appear. The term City shall include ifs.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 %hM 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 commercial coverage maintained by City shall not be called upon to. contribute to loss recovery. Insureds liability shall not be limited to the CFW Standard insurance Requirements Page 2 of 3 Rev.10.03.18 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. Aten (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 AM. Best rating of A W or equivalent measure of financial strength and solvency. g. Any deductible or selfansured retention in excess cf $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, mayconsentto 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 CIVs Contract Compliance Manager any known loss or occurrence which could give rise to a liability claim or lawsuit 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 coinciderrtwith or prior tiothe 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.10.03.18 I I 1 I I i nr.__au. nrr,n MARI Unbhi ACORM CERTIFICATE OF LIABILITY INSURANCE ATE(MMfDA1Y M r312=022 THIS,CERfiFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES SELBW. THis CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IHSURER(S), AUTHORIZED REPRESENTATiV9 OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poiicyous) must have A13DMONAL INSURED provisions or be endorsed. ectto the terms and conditions of the policy, certain pollcies may require an endorsement. A statement an IF SUBROGA'TiON IS WAIVED, suhj this certificate does not confer any rights to the certificate holder In lieu of such endorseinent(s). PRODUCER Greyling Ins. BrokerageMPIC 3780 Mansell Road, Spite 370 Alpharetta, GA 30022 yr�aer Jerry Noycla , .770-220 7699 non jerry.noyola@greyl(r3g.com [NSURFAIST AFFORDING COVERAGE NAIC O INSUREtA• National Union Flrelns. Co. 19445 ItsURgn Kimley--Horn and Associates, Inc. 421 Fayetteville Street, Suite 600 Raleigh, NC 27601 [NsuRERH: Allied world Assurance company (UX.) 19489 INSURERC. Nevi Hampshire Ins. Co. 23841 LNSURER0: Lloyds of London 085202 INSURER e rNSUFR F . t:UVI:HAGES CERTIFICATE NUMBERt 22-23 riEVIstom NumBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE am ISSUE) TO THE iNSUREED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQU[REIAENT, TERM OR CONDMONOF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WMCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THEPOLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POUd1ES. LIMITS SHOWN MAY FWVE eEEN REDUCED BY PAID ciAiMs. [�NNssEXCLUSIONS L7R T1fPE0FW5UR1WC6 I a ue IDUCYNUUMM Pawn EFF PeMM exr LIBUS A X coMIZERCIA GENERALLiMUM cxAWSAME QX OCCUR GL576B169 D410112022 041011202 FauxoccuRmc-E -S 000 000 �RF�MTED 550D 000 X mm Exp mem-mm) s25 000 Contractual Liab PERSGNALAADVDL"LW s1,000 000 AGGREGATEL=. APPLMSPM POLICY ❑x jEcrr a Lao GENE:ALAGGRERAT2 s2000000 GUM PRODUCT`'-00uI5raPAGG s 000 000 S OTHER: A AUTOMo6I.8•LLAnnrrr CA4489663 0410112022 0410112022 FAS1NGLEt[MIT ,000,000 X ALIYAUI'O BOOVWURY(Perpemm) s AUro ONLY Se"MULED SODXy.[NjURY(PeraCditl) S X AU�rO3OMY X AUTOSONLYPROoai enAA1V1G2: S .S B X UMeRELLALI e x OCCUR 03127930 410112022 04101J2023 EAcH OccuRnENce 6000 0a0 AGGREGATE s5 000 000 X EXoESSLIAW cLAWS4VAoe DEO 1 X RnEwnaNslO 000 I IS C • .WOPJCMS COMPFNSAMON ANDEMPLaVEUHLRYIN ANYR1ErORlP D EQNIA madaoFyInU Iyes, deacribo:a:der OF�CPJFrnON OFOPFRATiONSberow wcoiSe93685 (Aos) WC01583() 410112022 410112022 04101120 04/011202 x FUT OTH. E.L EACH ACCIDENT S1 000000OFECPREO E.L.DISEASE- EAEMOYEE 51,000000 ELOISF/lSE-POLICYLSPfJT $1 000000 D Professlonal Llab B0146LDUSA2204948 0i12022 04/01120 Per Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES (ACORD 101, Add%onal fawns Sahadule, ntay beatezebod if mom spsco Is feQU11ad) he: All Projects. The City of Fort Worth, its. employees, officers, officials, agents & volunteers are named as Additional Insureds with respects to General & Automobile Liability where required by written contract. The above referenced liability policies with the exception of workers -compensation & professional liability are primary & non-contributory where required by written contract. Retroactive Date-1010211967. should any of the above described policies he cancelled by the issuing insurer before the expiration date thereof, 30 (See Attached Descriptions) City of Fort Worth 200 Texas Street Fortworth,TX 76102-0000 SHOULD ANY OF THE ABOVE DESCMBED POLICIES BE _CANCELLED OF-FORE EXPIRATION DATE THEREOF, NOTICE WILL EE DELIVERED IN ACCORDANCE VITIN THE: POLICY PROVISIONS. ALIMoR=o AEPRESENTATm ©1988.2015 ACORD CORPORATION. All rights reserved. rt%.urly sa {1U16fiF.i) 1 of 2 The ACORD name and logo are registered maths of ACORD #53183446lIYI3180884 JNOY1 DESCRIPTIONS. (Continued -from Page -1) days' written notice (except 10 days for nonpayment of prernium) will be provided to the Certificate Halder. Waiver of Subrogation in favor of Additional Insured(s) where required by written contract & allowed by law. SAGMA 25.3 (=6103] 2 of 2 #IS31834461M3180884 POLICY NUMBER: GL5268169 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) j Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown In the Declarations. I A. Section II 6 Who Is An Insured is amended to include as an additional insured the persons) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the locationts) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in perfamting operations for a principal as a part of the same project. CO 20 10 12 19 ® Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of Insurance. Page 2 of 2 - ® Insurance Services office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: GM68169 COMMERCIAL GENERAL LIABILITY dG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIA13ILTTY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizationls) Location And Description of Completed Operations ANY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREEMENT. WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF AW CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown In the Declarations. A. Section II -- Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or 1n part, by "your work"' at the location designated and described in the Schedule of this endorsement perforrhed for that additional insured and Included in the "products -completed operations hazard". However: I. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respeot to the insurance afforded to these additional insureds, the following Is added to Section III -- Limits Of Insurance: If coverage provided to the additional Insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable remits of insurance; whichever Is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 0 Insurance Services Offike, Inc., 2018 Page 1 of 1 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only vrh6ri this endorsement is issued subsequent to preparation of the po5cy.) This endorsement, effective 12:01 AM 04101=22 forms a part of Policy No. WC01589-V365 (AOS) Issued to icimley-Horn and Associates, Inc. By NEW HAMPSH I RE INSURANCE COMPANY This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3A of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Dame of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2-0 percent of the premlum developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: WC4203046 Countersigned by — — — — — — — — — — — — — — — —#I--------- (Ed. 6-14) . Authorized Representative 0 Copyright 2014 National Council on Compensation Insurance, Inc. AU Rights Reserved. 12MQZ 9:09 AM CITY COUNCIL AGENDA Create Now From This M&C M&C Review of ed _- tm of the Ory of rat Worth, 1ms FORTWORTH Ir- DATE: 11/29/2022 REFERENCE "M&C 22 LOG NAME: 20BERRY STREET CORRIDOR NO.: 1007 CONTRACT CODE: C TYPE: CONSENT ,PUBLIC NO HEARING: SUBJECT (CD 5, CD 8, and CD 9) Authorize Execution of a Professional Services Agreement with Klmley-Horn and Associates, Inc. in the Amount Up'to $100,000.00 for the East Berry Street Corridor Project 'ECOMMENDATION• It is recommended that the City Council authorizeexecution of a professional services agreement with IGmley-Hom and Associates, Inc. In the amount up to $700,000.00 for the East Berry Corridor project (City Project No.104214). DISCUSSION: On September 13, 2022, City Council approved Mayor and Council Communication 22-0689 which authorized funding for the East Berry Street Corridor project. The project extends from Interstate Highway 35 to Cravens Road, near the western shore of Lake Arlington. The corridor project will Include project development for a multi -modal, walkable mixed -use corridor (City Project Number 104214). This Mayor and Council Communication (M&C) recommends engaging Kimley Horn and Associates, Inc. to assist staff with this project. The project is expected to start in fall 2022 and be completed by winter 2023. Upon completion of the project there will be no anticipated impact on the General Fund operating budget. The project was advertised for.proposals on July 28, 2022 and August 4, 2022 In the Fort Worth Star - Telegram. On September 8, 2022 the following responses were received, reviewed and scored by a committee consisting of members from the Transportation and Public Works, Development Services and Economic Development Departments. The table reflects the final ranking of the respondents: iRanking Order Proposers score 1 Kimiey-Horn and Associates, Inc. 89 2 lFreese and Nichols, Inc. 183 3 JHDR Engineering, Inc. 179 4 IDesign Workshop, Inc. 176 6 113ums & McDonneli, Inc. 174 6 Imoore lacofano Moore, Inc. J61 Kimley-Hom and Associates, Inc. was the highest ranked firm based on the following criteria: previous experience, effective planning processes and outcomes, project management structure and experience, availability of consultants, work quality and references, and additional services, ideas and measures. Funding is budgeted In the Transportation and Public Works Department's General Capital Projects Fund & the TI RZ-General Capital Fund for the purpose of funding the Berry Street Corridor Plan project, as appropriated via M&C 22-0689. MMBE OFFICE - Klmley--Hom and Associates, Inc. Is in compliance with thte City's Business Equity Ordinance by committing to 321°/o Business Equity participation on this project The City's Business Equity goal on this project is 1010/,,. apps.dvmetotWcounal—packetfmc mviewasp?1D=w56o&counddate`11R9r2o22 12 12aW, 9:09 AM M&C Review The East Berry Street Corridor is located in COUNCIL DISTRICTS 5, 8, AND 9. FISCAL INFORMATION CERTi 1C 71ON: The Director of Finance certifies that funds are available In the current captial budget, as previously appropriated, in the General Capital Projects & T1RZ-General Capital Funds for the Berry Street Corridor Plan project to support the approval of the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. Fund Department Account Project Program Activity Budget Reference # Amount ID I I ID I I I Year I (Chadfield 21 Fund Department Account I Project I Program I Activity I Budget Reference # Amount ID I ID Year I (Chartfield 21 S rbmttted for City art ger%.Qffice by: OJj'ginating Departme!3t lead: Additional Information Contact: William Johnson (5806) Lauren Pdeur (6035) Monty Hall (8662) Kelly Porter (7259) ATTACHMENTS BERRY STREET CORRIDOR CON CT Fl[ table.xis (CFW Internal) 0BER S REET CORR CT.fu s avail bil' .p f (Public) Contract Campliance Memo, Belly Street Corridor..pol (CM Internal) j E Seriv_St Studv Area Map. (Public) Form 1295 Certificate 100959291 Begy Street Corridor CPN 104214.(CFW Intemal) SAM.gov Search KlmlLay Hom,p (Public) f OPPsztmeiarg/oot ckjmccet/mrtreview.asp7ID=3056D&oourtc;3date=lingrAM yZ I 104214-EPAG-E. Berry Street Corridor Design & Planning Study Final Audit Report 2022-12-09 Created: 2022-12409 BY. Andrea Munoz (AndreaMunoz@fort&vthte)=.gov) status: Canceled ! Decrrned Transaction ID: CBJCHBCAABAAGpBeUbAXy7gUbpcpWpKu4FJJ7kfS-M "I042'14-EPAG-E. Berry Street Corridor Design & Planning Stud y" History 15 Document created by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 202212-M - O:08:49 AM GMT IP address: 204.10.90.100 24 Documentemailed to michelle.mccullough@fortworthiexas.govfor filling 2022-12-09 - 0:2227 AM GMT C' Document emailed to Scott amold (scott.amold@ldmley-hom.com) for signature 2022-12-09 - 02W AM GMT G' Document emailed to Mary.Elriott@fortworthtexas.gov for signature 2022-12-09 - 02227 AM GMT Email viewed by scott amold (scott.amold@IUmley-hommom) 202212-09 - 0?b:50 AM GMT W address:137.27.128.42 C3Q Document e-signed by scoff amold (scott.amold@ldmfey-hom.com) signature Date: 2022-12419-12:53:55 PM GMT -Time Sourw: server- IP address; 32.141.2.166 Email viewed by michefle.mccuilough@fortworthtexas.gov 202242-09 - 2:15:01 PM GMT IP addam: 71.15.113.144 ' Document canceled by Andrea Munoz (Andrea.Munoz@fonvwoithtexas.gov) 2022-12-09-222 9 PM GMT IP address: 204.10.90.100 ORTWORTH. Adoabet by Acrobat Sign 104214-EPAG-E, Berry Street Corridor Design & Planning Study Final Audit Report Created., 2022-12.09 BY Andrea Munoz (Andrea.Munoz@fortworthtexas-gov) Status. Signed Transaction ID: CBJCHBCAABAAaDlorcc-epg%bgbQhpowwoDtliRJZQD 2022-12-21 "104214-EPAG-E. Berry Street Corridor Design & Planning Stud y" History Document created by Andrea Munoz(Andrea.Munoz@fortworthtexas.gov) 202212-09 - 3:33:05 PM GMT- IP address: 204.1040.100 C`. Document emaiied to Barbara.Pryor@fortworthtexas.gov for filling 2022-12-09 - 3:46:33 PM GMT C-► Document emailed to Mary.Elliott@fortworthtexas.gov for signature 2022-12-09 - 3.46:33 PM GMT L y Document emaiied to deirdre.oneal@fortworthtexas.gov for approval 2022-12-09 - 3:46:33 PM GMT Email viewed by Barbara.Pryor@fortworthtexas.gov 2022-12-09-3:47.19 PM GMT IP address: 204.10,90.100 Ci8 Signer Barbara.Pryor@fortworthtexas.gov entered name at signing as Barbara Pryor 2022-12-09-3A8:55 PM GMT IP address: 204.10.90.100 fSp Form filled by Barbara Pryor (Barbara.Pryor@fortworthtexas.gov) Form fi{Gng Date: 202212-09 - 346:57 PM GMT =lima Source: server- IP address: 204.10.90.100 Email viewed by Mary.Eliloo@fortworthtexas.gov 2022-12-09 - 4:08M PM GMT 1P address: 204.10.90.100 dp Signer Mary.Elliott@fortworthtexes.gov entered name at signing as Mary Elliott 2D22-12-09-4:09:37 PM GMT- IP address: 204,10,90,100 &o Document e-signed by Mary Elliott (Mary.Elliott@fortworthtexas-gov) Signature Date: 2022-12-09-4:09:39 Pell GMT - Time Source: server- IP address: 204.10.90.100 oit'iWaRr , Powered Adobe by Acrobat sign 'n Email viewed by deirdre:oneai@fortworthtexas.gov 2022-92-12 - 321:04 PM GMT- IP address: 204.10.90.100 Email viewed by deirdre.oneal@fortworthtexas-gov 2022-12-14-1:13:12 PM GMT-IP address: 204.10.90.100 OG Signer deirdre.oneal@fortworthtexes.gov entered name at signing as Deirdre 0&039;Neal - Risk Management 2022-12-14-1:23:43 PM GMT- IP address: 204.10.9D.100 6o Document approved by Deirdre O'Neal - Risk Management (deirdre.oneai@fortworthtexas.gov) Approval Date: 2022-12-14-1:23:45 PM GMT -Time Source: server- IP address: 204.10.90.100 24 Document emalled to kelly.porter@fortworthtexas.gov for filling 2022-12-14-123:47 PM GMT Email viewed by kelly.porter@fortworthtexas.90v 2022_12-14 -4 03.49 PM GMT- IP address: 204.10-90.100 fso Signer'kelly.porter@fortworthtexas.gov entered name at signing as Kelly K Porter 2022-12-14 - 7:30:29 PM GMT= IP address: 204.10.90,100 1Q Form filled by Kelly K Porter (kelly.porter@fortworthtexas.gov) Form filling Date: 2022-12-14 - 7.M.31 PM GMT- Time Source: server- IP address: 204.10.90.100 H4 Document emalled to Lauren.Prieur@fortworthtexas.gov for signature 2022-12-14 - 7:30:34 PM GMT Email viewed by Lauren.Prieur@fortworthtexas.gov 2022-12-14-7.57:23 PM GMT IP address: 204.10,90.100 Email viewed by Lauren.Prieur@fortworthtexas.gov 2022-12 15 - 8:47:33 PM GMT- IP address:108.209.194A2 Email viewed by Lauren.Pdeur@fortworthtexas.gov 2022-12-16 - 8.44.47 PM GMT- IP address:166.137.115.21 &0 Signer Lauren.Prieur@fortivorthtexas:gov entered name at signing as Lauren Prieur 2022-12-16 - 8:45:17 PM GMT- IP address: 166.137.115.21 d© Document e-signed by Lauren Prieur (Lauren.Pheur@fortworthtexas.gov) Signature Date: 2022-12-15 - 8:45.19 PM GMT -Time Sauree: server- IP address:168.137.115.21 Document emalled to Priscilla.Ramirez@fartwdrthtexas.gov for approval 2022-12-16 - 8:45:22 PM GMT Email viewed by Priscilla.Ramirez@fortworthtexas.gov 2022-12-19 - 6:38:25 AM GMT- IP address: 97.99.130.152 OttTWORTH. i Adobe j Acrobat Sign io Signer Priscilla.Ramirez@fortworthtexas.gov entered name at signing as Priscilla Ramirez 2022-12-19-4.44:41 PM GMT- IP address: 97.99.130.152 &6 Document approved by Priscilla Ramirez (Priscilla.Ramirez@fortworthtexas.gov) Approval Date: 2022-12-19-4.44.43 PM GMT -Time Source: server- IP address: 97.99.130.152 P* Document emailed to Douglas.Black@fortworthtexas.gov for -signature 2022-12-19 - 4:4446 PM GMT Email viewed by Douglas.Black@fortworthtexas.gov 2022-12-20-7:05:27 PM GMT IP address: 204.10.90.100 i3o Signer Dougias.Black@fortworthtexas.gov entered name at signing as DBlack 2022-12 20-7:0726 PM GMT- IP address: 204.10.60.100 �So Document a -signed by DBlack(Douglas.Black@fortworthtexas.gov) Signature Date: 2022-12 20 - 7.07:28 PM GMT - Time Source: server- IP address: 204.10.90.100 C'. Document emailed to William.Johnson@fortworthtexas,gov for signature 2022-12-20 - 7:07.32 PM GMT Email viewed by William.Johnson@fortworthtexas.gov 2022-12-20 - 7.07:38 PM GMT IP address: 40.94.28254 &o Signer William.Johnson@fortworthtexas.gov entered name at signing as William Johnson 20.22-1220-10:18*1 PM GMT- 0 address: 204.1090,100 do Document e-signed by William Johnson (William.Johnson@fortworthtexas.gov) Signature Date: 2022-12-20-10:18:03 PM GMT- Time source: server- IP address: 204.10.90.100 Document emailed to Melissa Brunner (melissa.brunner@foltworthtexas.gov) for approval 2022-12-20-10.18:06 PM GMT Email viewed by Melissa Brunner (melissa.brunner@fortworthtexas.gov) 2022-1220-10:18A 1 PM GMT IP address: 40.94.28254 da Document approved by Melissa Brunner (melissa.brunner@fortworthtexas.gov) Approval Date: 2022-12-21-207:28 PM GMT - Time Source: server- IP address: 204.10.90.100 C'4 Document emailed to jannette.goodall@fertworthtexas.gov, for signature 2022-12-21-2,07:31 PM GMT Email viewed by jannette.goodall@fortworthtexes.gov 2022-12-21 - 2:07:39 PM GMT- IP address: 40.94.28254 O© Signer jannette.goodall@fortworthtexas.gov entered name at signing as Jannette S. Goodall 2022-12-21- 2.31.39 PM GMT- IP address: 204.10.90.1(10 ORT WOIt fPoweredby Adobe Acrobat Sign do Document e-signed by Jannette S. Goodall Qannette.goodall@fortworthtexas.gov) Signature Dale: 2022-12-21-2:31.41 PM GMT - Time 5ourem server- IP address: 204.10.90,100 04 Document emailed to Allison Tdwell (allison.tidwell@fortworthtexas.gov) for filling 2022-12-21 - 2:31:44 PM GMT m� Email viewed by Allison Tidwell (allison.tidwell@fortworthtexas.gov) 2022-12-21 - 11:09.44 PM GMT IP address: 204.10.90.100 Lso Form filled by Allison Tidwell (allison.tidwell@fortworthtexas.gov) Form filling Date: 2022-12-21-11:10:03 PM GMT -Time Source: server- IP address. 204.10.90.1 GO ® Agreement completed. 2022-12-21-11:10.03 PM GMT �rwatz Abby ' I Acrobat SIgn CSC No. 58685 TAX INCREMENT FINANCING FUNDING AGREEMENT East Berry Corridor Study This TAX INCREMENT FINANCING DEVELOPMENT AGREEMENT ("Agreement') is entered into by and between the BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NUMBER TWELYY,, CITY OF -FORT WORTH, TEXAS (`Board"), an administrative body appointed in accordance with Chapter 311 ofthe Texas Tax Code ("TIF Act") to oversee the administration of Tax Increment Reinvestment Zone Number Twelve, City of Fort Worth, Texas, a reinvestment zone designated by ordinance of the City of Fort Worth in accordance With the TIF Act, and the CITY OF FORT WORTH ("City"), a Texas Limited Partnership. The Board and Developer hereby agree that the following statements are true -and correct and constitute the basis upon which the Board and Developer have entered into this Agreement: A. On July 18, 2006, the City Council adopted Ordinance No. 17061-07 2006, establishing Tax Increment Reinvestment Zone Number Twelve, City of Fort Worth, Texas ("TIF District"), and establishing the tax increment fiord of the TIP District ("TIF Fund'J. B. On April 11, 2007 the Board adopted a project and financing plan for the TIF District, ("TIF Project plan"). The TIF Project Plan was approved by the City Council on June 19, 2007, pursuant to Ordinancd No. 17621-06-2007. C The City is pursuing a design and planning study for a multi -modal, walkable, mixed use corridor along East Berry Street to enhance connectivity and access to jobs and commercial investment, with the Board to contribute up to $200,000.00 ("Project"), D. The TIF Project Plan specifically authorizes the Board to enter into agreements dedicating revenue from the TIF fund for public improvements that benefit the general public and facilitate development of the TJF district as an eligible expense. Accordingly, the costs of the Project qualify as lawful `Project` costs," as that term is defined in Section 3I1.002(1) of the TIF Act ("Project Cost"}: Accordingly, the Board is willing to provide funding for the purchase of the land solely in accordance with and pursuant to this Agreement. NOW, THEREFORE, the Board and City, for and in consideration of the terms and conditions set forth herein, do hereby contract, covenant and agree as follows: I. CITY'S:OBLIGATIONS. City will oversee and be responsible for all aspects of the Project in accordance with this Agreement, the Plans, and all Legal Requirements. 2. FUNDING BY THE BOARD 2.1 Amount of Funding. Provided'that the City pursues the Project, and the City has complied with all terms and conditions of this Agreement, the Board will provide funding for the Project in an amount up to Two Hundred Agreement forFast Beery Coaidor Study TIP Fmding Ageemmt between TIF District Fast Bevy TIF and City ofFan Worth Page A ofs Thousand Dollars and Zero Cents ($200,000.00) ("Fonds") m accordance.with provisions provided in this Section 2; provided, however, that if there are not sufficient -revenues in the TIF Fund at such time, the financial obligations of the Board to City under this Agreement will be carried forward without interest to the next fiscal year of the TIF District in which there are sufficient revenues in the TIF Fund to satisfy such obligations. In no.event will the Board pay City any portion of the Funding in excess of Funds. 2.2 Reimbursement. All costs incurredpursuant to the Project will be advanced and paid for by City and will not, in any event, be paid by the Board except as a reimbursement to City in accordance with this Agreement. Prior to the. any reimbursement, the City will provide an invoice with supporting documentation to the TIF administrator in the City's Economic Development Department including the plan as set for the Request for Proposal for the Project in order to demonstrate that the Project is complete.. The TIF accountant in the City's Economic Development Department or other staff as designated by the Director of the City's Economic Development Department will be responsible for issuing any reimbursement. Under no circumstances will the City transfer funds without prior written approval ofboth the TIF administrator and TIP accountant. , 2.3 TIF Fund Contributions. The Board acknowledges and consents to the transfer from the TIF Fund of up to the total amount of the Funds, in whole or in part, to the funds or accounts of the City that will be used to pay for the costs -of the Project. 2.4 Limited to Available TIF Funds. Notwithstanding anything to the contrary herein, City understands and agrees that the Board will be required to pay the Funds only from available revenues in the TIF Fund that are attributable solely to tax increment (as defined in Section 311.012 of the Texas Tax Code) generated annually from property located in the TIF District and deposited into the TIF Fund in accordance with the TIF Act. 2.5 PrioKM of Payment Notwithstanding anything to the contrary herein, City understands and agrees that any obligation of the Board to pay all or any portion ofthe Reimbursement Amount will be subject and subordinate to the Board's right to retain reserves in the TIF Fund in any fiscal year to meet all existing contractual obligationsof the Board. Speciflw2y,.and without limiting the generality of the foregoing, the following payments,.as obligated by the following existing contractual obligations, will have priority over payment by the Board of all or any portion of the Reimbursement Amonnt: a. Mason Heights Mixed -Use Project 3. TERM. Time term of this Agreement will be effective upon full execution of this Agreement is upon the earlier of (i) the complete performance of all obligations and conditions precedent by the Board and City; (ii) termination by either the Board or City as permitted by this Agreement; or (iii) termination of the TIF District in accordance with Section 311.017 of the TIF Act. Agmmeat for Fast Beuy CorridorStudy 77F FimdmgAgreemeat between 7IF District Saar Berry Tw acd City of Fort virmtb Yaga 2 01*5 4. SUCCESSORS AND ASSIGNS. City may not. assign its rights or obligations under this Agreement to any other party without the advance written approval of the Board, which may be withheld at the Board's discretion. This Agreement will be binding on and inure to the benefit of the parties, their respective successors and assigns. 5. NOTICES. All written notices called for or required by this Agreement must be addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: Board: Board of Directors East Berry Renaissance TIF Attn: Director of Economic Development 1150 South Freeway Fort Worth, TX 76102 6. VENUE AND CHOICE OF LAW. City: Assistant City Manager 200 Texas Street Fort Worth; Texas 76109 This Agreement will be construed in accordance with the laws of the State of Texas and applicable ordinances, rules, regulations or policies of the City. Venue for any action under this Agreementwiil lie in the State District Court of Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. This Agreement is performable in Tarrant County, Texas. 7. COMPLIANCE WITH LEGAL REQUIREMENTS. This Agreement is spbject to all applicable federal, state and local laws, ordinances, rules and regulations, including, but not Iiurited to, all provisions of the City's Charter and ordinances, as amended, and violation of the same constitutes a default under this Agreement. In .undertaking any work in accordance with this Agreement, City, its officers, agents, servants, employees, contractors and subcontractors mast comply with all federal, state and local laws and all ordinances, rules and' -regulations of the City, as -such laws, ordinances, rules and regulations exist or may hereafter be amended or adopted (collectively, "Legal Requirements'). 8. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any waybe affected or impaired. 9. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which will be deemed an original and constitute one and the same instrument. Agreement for East Berry Corridor study TIFFuu&g Agreement between TJF Dfstriet East Berry TIF sad aty of Fortworth Pagti 3 of5 Its. CAPTIONS. The captions to the various clauses of this Agreement are for informational purposes only and will not alter the substance of the terms and conditions of this Agreement. 11. NO WAIVER The failure of aitherparty to insist npc n the performance of any terns or provision of this Agreement or to exercise any right granted hereunder will not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. 12. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, neither the Board nor the City waives or surrenders any of their governmental poweis or immunities. 13. FORCE MAJEURE. It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather, governmental restrictions, regulations, or interferences, unreasonable delays by the City in issuing any permits or certificates of occupancy or conducting any inspections of or with respect to the Project (based on'the amount of time that the City customarily requires in underteldng such activities and based on, the then -current workload of the City department(s) responsible for undertaking such activities), or delays caused by unforeseen construction or site issues, fire or other casualty, court injunction, necessary condemnation proceedings, acts of the other party, its affiliatesfrelated entities and/or their contractors, or any actions or inactions of third parties or other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar,to any of those enumerated or not; the party so obligated or permitted will be excused from doing or performing the same during such period of delay, so that the time period applicable to such design or construction requirement will be extended for aperiod of time equal to the period such party was delayed 14. BOARD REPRESENTATIVE. City understands and agrees that, in addition to the Administrator, the Board, in its sole discretion, may also appoint certain City staff members, a City, department or another entity to serve as its representative in carrying -out any or all of the responsibilities of the Board hereunder, and that references to "the Board" in this Agreement mean the Board in its entirety or any such designated representative. 15. NO THIRD PARTY RIGHTS. This Agreement -is solely for the benefit of the parties hereto and is not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Agr=mmt forEastBeery QnidorStudy7W Funding Agrxmmt betweea TIF District Fast Barg TiF and wty of Fort worth page 4 of5 16, ENTIRETY OF AGREEMENT. This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the Board and the City, their assigns and successors in interest, as to the matters contained berein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. This Agreement will not be amended unless executed in writing by both parties and approved by the Board in an open meeting held in accordance with Chapter 551 of the Texas Government Code. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed effective as of the Effective Date. BOARD OF DIRECTORS OF TAX INCREMENT REINVESTMENT ZONE NUMBER TWELVE, CITY OF FORT WORTH, TEXAS: By. CtutskattlesjDn19,2D22M4%csn Chris Nettles Chair T1F 12 Resolution No. I2-2022-01 Date of Board Approval: June 1, 2022 CITY OF FORT WORTH, TEXAS a Texas municipality By: Nlil ED 2n220858CS7j William. Johnson Assistant City Manager M&C No: 22-0689 Date: 9/13/2022 Contract Compliance Managers: 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"r� Mary Elliaft uifthaCPIifnt{NW29.2=1',!29CST} M Uaitt�E tl9v30.202214:0iC5T� Martha Collins Mary Elliott TIF 12 Administrator Transportation Manager Economic Development Transportation & Public Works APPROVED AS TO FORM AND LEGALITY: By: d; & aJal/,., C Tyler Wallach Assistant City Attorney ATTEST: T n ,� Gav 11 13y:lart meiCw ZZWC511 Janette Goodall City Secretary Agreement for East Berry Corridor Study TIF Funding Agreement bctwee`n IV District East Berry TIF and City of Fort worth Page 5 of s 116123, 11:49 AM M&G Review Ofridai site of the QV of Fart Worth, Texas CITY COUNCIL AGENDA FORTH Create New From This M&C DATE: 9/13/2022 REFERENCE NO.: **M&C 22- LOG NAME: 20BERRY STREET 0689 CORRIDOR STUDY CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT (CD 5, CD 8, and CD 9) Adopt Appropriation Ordinances for the East Berry Street Corridor Project in the Collective Amount Up to $700,000.00 and Authorize Execution of a Tax increment Financing Development Agreement with Tax Increment Reinvestment Zone Number Twelve -East Berry Renaissance for an Amount Up to $200,000.00 and Amend the Fiscal Years 2022 2026 Capital improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations In the General Capital Projects Fund in'the amount of $500,000:00, from available funds for the purpose of: funding the Fast Berry Street Corridor project (City Project lio. 104214); 2. Authorize execution of a Tax increment Financing Development Agreement. with Tax Increment Financing Reinvestment Zone Number Twelve (East Berry -Renaissance) for an amount up to $200,000.00; 3. Adopt the attached appropriation ordinance -increasing the estimated receipts and appropriations in the Tax Increment Reinvestment ,Zone - General Capital Fund in the amount of $2o0,000.0o transferred from the Tax Increment Reinvestment Zone Number Twelve - East Berry Renaissance Fund, for the purpose lof funding the Berry Street Corridor project (City Project No. 104214); and 4. Amend the Fiscal Years 2022-2026 Capital Improvement Program. DISCUSSION: East Berry Street extends from IH-35W to Cravens Road, along the western shore of Lake Arlington. The corridor project will include pre -engineering for a multi -modal, walkable mixed -use corridor. In order to enhance connectivity and access to jobs and project delivery, it is essential to understand community desires and any physical constraints, such as utility relocation. There are also opportunities to leverage momentum and funding sources across the City and with State and Federal partners. On,May 7, 2022, Fort Worth voters approved the 2022 Bond Program. Proposition A. Streets and Mobility Infrastructure Improvements, includes $2.5 million in funding for implementation of the East Berry Street Corridor improvements (City Project No. 104222) from IH-35W to Martin Luther King Freeway (US 287). This corridor project will encourage complete streets design to enhance safety and comfort for all users, support transit and provide necessary elements for swift capital delivery and economic development_ On June 1, 2022, the Board of Directors for Tax Increment Financing Reinvestment Zone Number Twelve (East Berry Renaissance) (`TIF") approved theexpenditure of up to $200,000.00 to fund a design and planning study along the East Berry Street Corridor. The City and the board of Directors for the TIF will enter into an agreement whereby the City will be reimbursed for the study with TIF funds. Upon approval of this Mayor and Council Communication (M&C), all appropriations and funding will be as summarized in the table below: Fund I Entity Appropriation Amount aPes.cWnet.orglcoundl—paakietfmc review.asp?1U=30241&councildate=911312022 112 11623.11:49 AM M&C Review 130100 .]General Capital Projects i $500,000.00 6286 1TIRZ --Gen_ era[ Capital 1 $200,000.00 The project will follow a four -step planning process, including public outreach, which will begin in fall 2022. First, a needs assessment will be done to document existing conditions, such as traffic counts, mode split, safety, access management, and other analysis. Second, concept development will focus on cross -sections that specify cars, freight, transit, pedestrian and bicycle ihiprovements. The corridor will also benefit from public spaces for all -ages and community uses, parking management, smart technologies, and street grid connections. Third, recommendations and implementation strategies will address near -term, short-term (24 years), medium -term (5-10 years) and long-term (11 plus years). Fourth, the final plan and project program will include a prioritized list of capital projects with cost estimates and funding sources; as Well as, proposed ordinances and regulating plan. Funding for this project was not included in the Fiscal Years 202-2-2026 Capital Improvement Program (CIP) because the project and funding sources were unknown at the time of its development. This action In this M&C will amend the Fiscal Years 2022-2026 Capital Improvement Program as approved In connection with Ordinance 25073-09-2021. The East Berry Street Corridor is located in COUNCIL DISTRICTS 5, 8, AND 9. FISCAL INFORMATIONJCERTIFICAT ON: The Director of Finance certifies that funds are currently available in the Unspecified -All Funds project within the General Capital Projects Fund and in the TIRZ #12-East Berry Renaissance Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the General Capital Projects Fund and the TIRZ-General Capital Fund for the Berry Street Corridor Plan project. Prior to an expenditure being incurred, the Transportation Public Works Department has the responsibility of verifying the availability of funds. Fund Department Account Project Program Activity Budget Reference # Amount ID I I ID I I I Year I (Chartfield 2) Amount t7 Submitted for City Manager`s_Of ice by: Originating Department Head: Additional Information Contact: AMCHMENTS Year William Johnson (5806) Lauren Prieur (6035) Monty Hall (8662) .Mary Elliott (7844) 20SERRY 5TR C R DOR STUDY 1 docx (CFw Internal) 20Bea Street Non Bond gg FID upda1ed.XL5X (CFW Internal) ORD. PP20BER Y STREET CORRIDOR STUDY 30100 A022 v,docx (Public) ORD APP20BERRYSTREET CORRIDOR STUDY 30286 A022 rS).docx (Public) TIF 12 presentation Berry Street June 2022.pdf (Public) app5.dwnet.0rgfc0un01_packetfmc review.asp?]D=30241&oouncildate=9f13f2022 212 City of Fort worth, Texas Mayor and Council Communication DATE: 04/09/24 M&C FILE NUMBER: M&C 24-0271 LOG NAME: 17CIF12 TPW EAST BERRY CORRIDOR PROJECT SUBJECT (CD 5, CD 8, and CD 9) Adopt Appropriation Ordinances for the East Berry Street Corridor Project in the Amount Up to $200,000.00 in Alignment with the Tax Increment Financing Development Agreementwith Tax Increment Reinvestment Zone Number Twelve -East Berry Renaissance and Amend the Fiscal Years 2024-2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance adjusting appropriations in the Tax Increment Reinvestment Zone Number Twelve- East Berry Renaissance Fund by decreasing the General Operating & Maintenance category in the amount of $200,000.00 and increasing the Transfer & Other category by the same amount for the purpose of transferring to the Tax Increment Reinvestment Zone -General Capital Fund for the Berry Street Corridor Plan project (City Project No. 104214); 2. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in theTax Increment Reinvestment Zone - General Capital Fund forthe Berry Street Corridor Plan project in amount of $200,000.00, transferred from the Tax Increment Reinvestment Zone NumberTwelve - East Berry Renaissance Fund, forthe purpose of funding the Berry Street Corridor Plan project (City Project No. 104214); and 3. Amend the Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: East Berry Street extends from Interstate Highway (IH) 35W to Cravens Road, along the western shore of Lake Arlington. The corridor project includes pre -engineering for a multi -modal, walkable mixed -use corridor. In order to enhance connectivity and access to jobs and project delivery, it is essential to understand community desires and any physical constraints, such as utility relocation. There are also opportunities to leverage momentum and funding sources across the City and with State and Federal partners. On May 7, 2022, City of Fort Worth voters approved the 2022 Bond Program. Proposition A. Streets and Mobility Infrastructure Improvements includes $2.6 million In funding for Implementation of the East Berry Street Corridor improvements (City Project No. 104222) from 1H-35W to Martin Luther King Freeway (US 287). This corridor project will encourage complete streets design to enhance safety and comfort for all users, support transit, and provide necessary elements for swift capital delivery and economic development On June 1, 2022, the Board of Directors for Tax Increment Financing Reinvestment Zone Number Twelve -East Berry Renaissance (TIF) approved the expenditure of up to $200,000.00 to fund a design and planning study along the East Berry Street Corridor (City Project No. 104214)_ The City and the Board of Directors for the TIF then entered Into an agreement on January 6, 2023, whereby the City will be reimbursed for the study with TIF funds when funds became available. Funds for reimbursing the City have become available in an amount up to $200,000.00 and the TIF would like to reimburse the City at this time with those available funds. Upon approval of this Mayor and Councli Communication (M&C), all appropriations and funding will be as summarized In the table below: Fund Fund Name I Appropriation Amount 28612 TIRZ #12 -East Berry Renaissance ($200,000.00) 30286 TIRZ- General Capital $200,000.00 On December21, 2022, The City of Fort Worth entered into a contact with FGmety-Horn (M&C 22-1007) for the East Berry Corridor Plan (EBCP). The EBCP process, since February 2023, has.pursued the goals of safety, multimodal travel options, connectivity, upward mobility, belonging, and community building as action items, concepts, and policies that will transform the area into a smart, walkable, and safe corridor for people of all ages and abilities to want to live and visit. The EBCP team's timeline has moved from Data Collection, Existing Conditions Assessment, Analysis, Concept Plan and Recommendation, and an Action Plan, via multiple routes of public involvement including a Stakeholder Advisory Committee providing ongoing feedback. The thoroughfare study should enhance this part of the city and residents that live here with the following deliverables,1) Crass -section design; 2) List of projects for Master Thoroughfare Plan; 3) Zoning; 4) Catalytic site development; and 5) Policy recommendations. The final week of public meetings will be on Wednesday (4117124) and Thursday (4/18124). City Council approval, on Tuesday, August 13, 2024, is the date being pursued for Plan Adoption of these recommendations. Currently, the EBCP team is engaged in preparing relevant documents and meetings, to smoothly reach this apex in the projects timeline, for staff, city managers, commissioners, Councilmembers, Impacted property owners, and the general public in the study area. Funding for this project was not included in the Fiscal Year 2024-2028 Capital Improvement Program (CIP) because the available funding from the TIF was unknown at the time of its development. This action in this M&C % iil amend the Fiscal Years 2024-2028 Capital Improvement Program as approved in connection with Ordinance 26453-09-2023. The East Berry Street Corridor is located in COUNCIL DISTRICTS 5, 8, AND 11. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION ! CERTIFICATION: The Director of Finance certifies that funds are currently available within the TIRZ #12 - East Berry Renaissance Fund and upon approval of the above recommendations and adoption of the attached appropriation'ordinances, funds will be available in the TIRZ-General Capital Fund for the Berry Street Corridor Plan project Prior to an expenditure being incurred, the Transportation Public Worsts Department has the responsibility of verifying the availability of funds. Submitted for CityManager's Office by- William Johnson 5806 Originating Business Unit Read: Robert Stums 2663 Additional Infarmatl_onContact: Martha Collins 2610 WalterCouncii 7844