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HomeMy WebLinkAboutOrdinance 26824-04-2024Ordinance No. 26824-04-2024 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE TAX INCREMENT REINVESTMENT ZONE - GENERAL CAPITAL FUND FOR THE BERRY STREET CORRIDOR PLAN PROJECT IN THE AMOUNT OF $200,000.00, TRANSFERRED FROM THE TAX INCREMENT REINVESTMENT 'ZONE NUMBER TWELVE — EAST BERRY RENAISSANCE FUND, FOR THE PURPOSE OF FUNDING 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 increased estimated receipts and appropriations in the Tax Increment Reinvestment Zone -General Capital Fund for the Berry Street Corridor Plan project in the amount of $200.000.00, transferred from the Tax Increment Reinvestment Zone Number Twelve — East Berry Renaissance Fund, for the purpose of funding the Berry Street Corridor Plan proje-et (City Project No. 104214). SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3, That this ordinance shall be cumulative of Ordinance 26453-09-2023 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shalt take effect upon adoption, APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY Jannette S. Goodall Assistant City Attorney City Secretary ADOPTED AND EFFECTIVE: Apri19, 2024 ,0'4� F4RT as � 04000a000Qoa�I� f�o �ac a=oo A� n - Ay M&G Review 5-.(4 1 [ P'.' CITY COUNCIL AGENDA Create New From This M&C DATE: 11/29/2022 REFERENCE NO.: CODE: C TYPE FORTF�'ORTII "M$C 22 LOG NAME: 20BERRY STREET 1007 CORRIDOR CONTRACT CONSENT PUBLIC NO NO SUBJECT: (CD 5, CO 8, and CD 9) Authorize Execution of a Professional Services Agreement with Kimley-Horn and Associates. Inc. in the Amount Up to $700,000.00 for the East Berry Street Corridor Project RECOMMENDATION: It is recommended that the City Council authorize execution of a professional services agreement with Kimsey -Horn and Associates. Inc. in the amount up to S700.000.00 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: Ranking Order ProposersScore 1 Kimley-Horn and Associates, Inc. 189 2 ;Freese and Nichols, Inc. 183 3 IHDR Engineering, Inc. E7 4 Design Workshop, Inc. _— 176 �5 iBurns & McDonnell, Inc. �74 1 'Moore lacofano Moore, Inc. Kimley-Horn 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 TIRZ-General Capital Fund for the purpose of funding the Berry Street Corridor Plan project, as appropriated via M&C 22-0689. M/WBE OFFICE - Kimley-Horn and Associates, Inc. is in compliance with thte City's Business Equity Ordinance by committing to 321% Business Equity participation on this project. The City's Business Equity goal on this project is 10%%. apps.cfamet orgrcouncil.packeUmc_review.asp7lD=30560&councild_ite=11r29t2022 1 2 2129124, 5:42 PM M&C Review The East Berry Street Corridor is located in COUNCIL DISTRICTS 5, 8, AND 9. FISCAL. INFORMAMONICERTI FICATI914 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. ect li: Budget I Reference # i Amount Amount r lRubmitted foran ger's Officehyj QligingliLrag, DengrtmentHead: Addittonal_I'nformation Contact: William Johnson (5806) Lauren Prieur (6035) Monty Hall (8662) Kelly Porter (7259) & ACHIIAENTS 013ERRY sTkr=ET CORRIDOR CONTACT, Fla table.xi (CFW Internal) ?,Q ERRY STREET CORRIDOR CONTACT funds availat?ility.pdf (Public) Contract Compliance Memo Ferry Street Corridor.pdf (CM Internal) E Berry st study Area Map.01 (Public) ► Form 1295 Certificate 100969291 8 Co pdf (CPlNlntemal) SAM•goy_Search Kimley Horn. df (Public) apps.cfwneLarglcound(,packeUmc reviewasp?lD=30560&counaldate=1112912022 2/2 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 l . Barbara Pryor TPW - initial Dec 9, 2022 2. Scott Arnold, Kirnley-Horn Consultant - Signature S.e. Dec 9, 2022 3. Mary Elliott TPW - Signature _ Dec 9, 2022 4. Kelly Porter TPW -initial Dec 14, 2022 S. TPW Dir. Lauren Prieur (interim) TPW - signature Dec 16, 2022 6. Doug Black Legs] - signature d Dec 20, 2022 7 William Johnson CMO -signature Dec 20, 2022 8 Jannette Goodall CSO - signature Dec 21, 2022 9 TPW Contracts TPW 10 DOCUMENTS FOR CITYMANAGER'S SIGNATURE: All documents received from anv 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 O o RUSH: ❑YES K, to SAME DAY: OYES ❑No NEXT DAY: []YES ❑No ROUTING TO CSO: ®YES ❑No Action R uired: ❑ Attach Signature, Initial and Notary Tabs ❑ As Requested ❑ For Your Information ® SignaturelRouting and or Recording ❑ Comment ❑ File Return To: TPWContra_ctsPa,FortWorthTexas.xov at ext. 7233 or 8363, for pick up when completed. Thank you! - CSC No. 58542 CITY OF FORT WORTH, TEXAS 'STANDARD AGREEMENT FOR GMERAL PROFESSIONAL SERVICES This agreement CAgreemerfl, is between the City of Fort Worth, a Texas home -rule municipality ("City), and lUmley-Horn and AssoclateS, Inc., authorized to do business in Texas ("Consultant"), for -a project generally described as: East Berry Street Corridor Design and Planning Study (Project°') — Project No.104914. Article I Scope of Services (1) Consultant hereby agrees to perform professional services as set forth in this Agreement and tha Scope of Services, attached hereto as Attachment W ("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 Clty, 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 u Compensation Consultant shall be compensated an amount up to $700,000.00 (Contract Amount") In accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full comperisatian for all Iabor (including all benefts, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Consultant shall provide monthly invoices to City. Payments for services rendered shall be made In accordance with the Texas Prompt Payment Act (Texas Government Code Ch. MI). Acceptance by Consultant of said payment shall release City from all claims .or .liabilities under this Agreement for anything related to, performed, or furnished In connection with the Services forwhich payment is made, including any act or omisslon of City In,c annection with such Services. Article III Term 'rime 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 compjelon of the subject matter pursuant to '0grotRNtW0T"Te= East Benfted CarridorDesign arrd,Pt � i SWdard ApaaatfarWotesstarlal Serdra Re"M o�H�,�,nr 2x Aaga.t ma the schedule, whichever occurs first, unless terminated In accordance with the terms of this Agreement Unless specifcally otherwise .amended, the original term shall not exceed five years from the original effective. date. Article N Independent. Contractor Consultant shall operate hereunder as an Independent contractor and.not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for- the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeaf supedor shall not apply, as between City and Consultant, Its officers, agents, employees, contractap, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Consultanfs work or work product shall not constitute or be deemed to be a,release•of.the responsibility and liability of Consultant orits.officers, agents, employees, contractors and subcontractors for• theaccuracy and competency of its performance -of the Services. Article M 'Indemnification CONSULTANT, A TNO COST TO THE CITY, AGREES TO INDEvNIFYAND HOLD CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY ARID ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, TNOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING AUEGf~D DAMAGE OR LOSS TO CONSULTANTS BUSINESS AND ANY RESUL TING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAYRELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANTS BLEACH OF ,@ ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR _(lr) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE C" OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. Cdyot FortWoft Twop East BMStrm Corridor Design and Planning Study � Novrd s for Pr �202iwwl SmIms CPU 1=4 Papa 2crn Article VIl 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 hot be held liable for any delayy or omisslon In performance due to force mateure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, .strikes, lockouts, natural disasters, epidemics/parrdefi ics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. Article IX Transfer or Assignment Consultant, its lawful successors and assigns, shall not assign, sublet or transfier any interest in.fhis Agreement without pdor mitten 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 recelpt of written notice or thereafter fails to diligently pursue the correction to completion: (3) If City chooses to terminate this Agr60rrient,, upon receipt of notice of termination by Consultant, Consultant shall discontinue Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article 11 of this Agreement and in accordance with Exhibit V. Article Xi M ht 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, ddcuments, papers and records of Consultant involving transactions relating to Agreement Consultant agrees that City shall have access during normal evotFort worn% -rmw Ease Berry Street [orrrdorDes%n and PlannTng Sandy Standardf+giednentTOtTiofesslwralSQ7v1eC9 CPN 10*14. Ra"On Data NovtmEcr?3,?D21 NN63 Cd 9 waNng hours to all necessaryfacilities and shall be provided adequate and appropriate workspace In order to conduct audits. in compliance with the provisions of this section. City shall give Consultantreasonable 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 pertirient books, documents, paper$ and records of such subcontractor(s), involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any subcontractor reasonable advance notice of intended audit. (3)-Consultant and subcontractors) agree to photocopy such documents as may be requested by City. Cityagrees to reimburse Consultant for the cost of copies at the rate published In the Texas Administrative Code M effect as ofthe time copying Is performed. Article X11 Business Equity Participation City has goals for the full and equitable participation of mlrtority business and/or women business enterprises in City contracts greater than $100,000. In accordance with City's Business Equity Ordinance No. 2516540 2021 (replacing Ordinance No. 2453.4-11 2020, as codified 1n Chapter 20, Article X of the Cl y's Code of Ordinances, as amended, and any relevant policy or guidance documents), Consultant acknowledges the MBE and WBE goals established for Agreement and ifs execution of this Agreement Is Consultant's written commitmentto meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by Consultant may result in the term#nation of Agreement and debarmentfrom participating in City contracts for a period of time of not less than three (3) years. Article XI11 Observe and Comply Consultant shall at all times observe -and :oornply with at federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect Agreement and the work hereunder, and shall observe and cbmply with all orders, laws ordinances and regulations which may exist or may be enacted later by govemlog 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 subcontracior(s). CigrnfFortworh Taos EagUerryr54eer Corridor ue 6gn and PionnIngSiudy ShMard �Ave+emn�Pwresssond Sentees C04104214 ReiWm ftga 4 of e Article XIV Immigration Nationality Act Consultant shall verify the Identity and employment eligibility of its employees and employees of all subcontrector(s) who perform work under Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with dppies of all 1-9 forriis 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 to that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR 'L.OSSES DUE. TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTOR% AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately temlinateAgreement 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 pf Agreement, venue for -such action shall lie in state co'u' s located in Tarrant County, Texas or the United States District Court for the Northern District of Texas -- Fort Worth division. Agreement shall be construed in accordance wlih the laws of the State of Texas. Article XVi Contract-ConstructlonlNo.Waiver The'parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and thatthe 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 interpretaUon'of Agreement or any amendments or exhibits hereto. The failure of City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Consultant's respective right to Insist upon appropriate performance or to.assert any such right on any future occasion. Article XVII Severability The provisions of Agreement are severable, and V 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 CltycfFormolm.Texa9 East Be"Streetcorridor Desrgnand P1©nn1rg5tudy SlandwdAgmementforPttsfess1ona1Sovkmz CPX IM14 PUMOan DAw Nbvamaer23, 2021 Page S of 9 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 pffected thereby and Agreement shall be construed as If sudh Invalid or unconstitutional portion had never been contained therein. Arficie XVlil Notices Notices regarding Articles IX or X are to be provided to the other Party by hand -delivery or Via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of -Fort Worth Attn: Kelly Porter Transportation and Puhllc Wbrks Department 200 Texas Street Fort Worth, Texas 76102 Consultant: Wey-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 Chapter2271 of the Texas Government 'Code, If Consultant has 10 or more full time -employee's 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 meaning's ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifies that Gonsultant's signature provides written verification -to the City that if Chapter2271, Toxas Govdminerit Code applies, Consultanb,(1) does. not boycott Israel; and (2) will not boycott Israel during the term of the contract C1tyalFndWattRTexas Eau BeWStteer CaddorDesign and P]anriig5tudy - S dardA9rcaneMfarPro[essloroSerkee CPN104214 F2etilsion D NovembeT2'021 -Paso 5 cis 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, 137th Leg., RS., 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 finds 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 "comparif have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as .added by Acts 2021, 87.th Leg., R.S., S.B.13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, .by signing this Agreement, Consultant certifies that Consultant's signature -provides written verification to the City that Consultant: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XXI Prohibition on Discrimination Against Firearm and Ammunition industries Consultant acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added 'by Acts 2021, 87th Leg., R.S., S.B. 19, § 1); the City is prohibited from entering into a contract for goods or services that has a value of $1009000 or more which will be paid wholly or parity fr6m public funds of the City, with a company (with 10 or more full-time employees) unless the oontract contains a written verification from the company that it (1) does not have a practice,.policy., guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) wil[ not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate; "firearm entity" and "firearm trade association" have the:meaning-ascribed to those temis by Chapter 2274 of the Texas Goyenjmgnt Code (ad added byActs 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by •signing this /Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not have a.practice, policy, guidance, or directive that -discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of"this Agreement, Article XXII Headings The headings contained herein are for the convenience lh reference and are not intended to define or limit the scope of any provision of Agreement. .Cdyaf FdtWo$h,Teos Gast i3enyStreet Cerddcrt7ed&n and PfanftStudy St. n 1xd Agre=mf=ProfeuWW ser4= CFN IN214 Re+Wa 3 Data Nsve nberM, M pagarore Article XXIII Attachments, Schedules and Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of Agreement. - Attachment A - Scope of Services Attachment B — Compensation Attachment C - Changes to Agreement Attachment D - Project Schedule Attachment E- Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH William Johnson Assistant City Manager Date: Dec 20, 2022 ATTEST: Jannette Goodall City Secretary APPROVAL RECOMMENDED: Lauren Prieur Interim Director, Trarlsportabon and Public Works BY: CONSULTANT Kimley-Hom and Associates, Inc. ,4f ��-t Scott Arnold Kimsey -Horn and Associates, Inc. Date: Dec 9, 2022 city of For, WON+, Trams East berry Street Corridor Design and Planning Study Standard Agreement for Professional Se -vices GPK 104214 Revision Date: Nooember 2V, 2021 Page B of 9 APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2022-945817 WA M&C No.: 22-1007 By: •11 .T CST 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 ar;d administration of this contract, including ensuring all performance and reporting requirements. ]r�.�„. c mac:• Mary Elliott, Multimodal Planning Manager City of Fat wont,, Texas East Berry Street Corridor Design and Plannirtg Study S.endard Agreement for Plrofess o al Seti ces CP`! 104214 Revision pass: Novwnber 23, 2021 Page 9 of 9 FORTI ORTH, ATTACHMENT "A" East Berry Corridor Design and Planning Study The scope set forth herein defines the work to be performed by the CONSULTANT in completing the project. Both the CITY and CONSULTANT have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE Bent' 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 1-35%V (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 -modal 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 CONSULTANT's and CITY's time and resources. CONSULTANT will manage change, communicate effectively, coordinate internally and externally as needed, and proactively 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 1 Quality Assurance (QC/QA) is practiced in performance of the work. • Communicate internally among team members. • Task and allocate team resources_ Csty of Fort Worth, Texas East Berry Corridor Design and Ran, irx} Study Attachment A CRN 104214 PW Release Dale: G7.2�2Ct2 Page 1 of 14 IVDRTH. • 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 a,,d Reporting • Prepare and submit monthly invoices, in accordance with Attachment S 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. • Prepare and submit monthly M(WBE Deport 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 MA1'UBE 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 East Berry Corridor Plan. The Community Engagement Plan will also identify a list of key stakeholders. CrTy Of Fort Sh ", Texas Page 2 of 14 Attachrren; A East Be;-,y Corridor Design and Planning Study P616 Release Date: D2.f5'2015 CPN IC4214 Page 2 of 14 FORT WORTH.. 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 websile. 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 J 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 42. Two Open House #1 are anticipated. The CONSULTANT team will provide up to four staff to set-up and facilitate [his event. Two of the staff are anticipated to be with the Community Engagement SJBCONSULTANT, 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 implemertation 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. CriYofFW Wash. Texas Page 3 of 14 Attachment A Fast Berry Gumda Design and Planning Study PMO Release Date: (Y2.062415 CPN t04214 Page 3uf14 FORT NORTH. 2.4 Focus Groups and Targeted Outreach Outreach will be conducted to ensure vulnerable populations are represented in the planning efforts. Vulnerable 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 (10) focus groups/targeted outreach throughout the project with two employees. It is anticipated that at least half of these will be virtual. 2.5 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 Aill 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 material/posts 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. CRY of Fort Worth, TexaS Atlarhment A PMO RnIsmse pats; C2.06 2015 Page 4 of 14 Page 4 of 14 .wt Berry Conidcx Jes:g and Ptan ring Study CPN 104214 Wo City will approve items before posted online. • Meetings will be in person. 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 31 Data Co'lection • 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 Pan (2019) • City of Fort Worth Park, Recreation and Open Space Master Pian (2020 Update) ■ City of Fort Worth Race and Culture Taskforce -- Final Report (2018) ■ NCTCOG Mobility 2045 ■ Lake Arlington Master Plan (2011) and subsequent CFAI implementation matrix ■ Lake Arlington Shoreline Trail NPS Survey Results ■ CFW Open Space Conservation Program land prioritization tool (2022) ■ Current zoning ■ Subdivision Regulations • Cavile Place/Stop Six improvement Plans (coordinate with transit) • Economic Development Revitalization Target Areas o Request for Expression 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) CITY o1 Fort wash, Texas Page 5 of 14 Alta-h.nent A Eas, Berry Corridor design aid Plannmq Study PMQ Re:'ease late: 02.06mlS CPN FC4214 Page5of14 Fox- 3.2 Assess Existing Conditions and GIS Basemapping The CONSULTATION will set up GIS basemapping for the corridor and SUBCONSULTANT will use ArcGIS Urban as a foundation for GIS analysis. The data collection will pay partcular 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 existing/missing sidewalks, bicycle facilities, bus stops, crosswalks, curb ramps, driveways, wayfinding locations, and other infrastructure that will impact multi - modal transportation. As part of the basemapping, boundaries will be established to indicate dfferent 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 trails ■ Outline anchors, business activity centers and 'nubs Identify community assets — amenities, facilities, destinations, historic and/or cultural assets, and parks/open space • The CONSULTANT will review Level D Subsurface 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 ccnditions 3.3 Market Assessment Utilizing commoniy accessible data from the City, ESRI, and US Census, the CONSULTANT will collect detailed information, analyze the data and develop analysis on the potential for the corridcr. 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 Crry Gr Fort worn. re)as Page 6 of 14 Atka :tr rreal A 'East Berry Carridor Design a-d Planning Study PMO Rorease Oafs' C2.06.2015 CPN 104214 Page 6 of 14 WORTH - The CONSULTANT will ut lize 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 the 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, Future 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 (F.A.R.), 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 defiverable 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. DELNERABLES 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 Multimodal • 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: crrYofrorlwonh Tens Page 7 of 14 Axac�hment A East Berry Dchttl r Cmgn a-d plam',N &Wy PMO Release pate 62-06.2015 CPN 104214 Page 7 of 14 FORT WORTH- ■ Traffic analysis: The Kimley-Ham 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 vehicle/pedestrian/bi cycle crash data, CONSULTANT will identify applicable safety countermeasures to be implemented along the corridor based on the Crash Modification Factors (CFM) available n the Highway Safety Manual, the Uns gnalized 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 experience 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 condor. • Low impact development opportunitiesThe SUBCONSULTANT will evaluate potential drainage and water filtration components found in low - impact 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 vehic e charging stations, connected infrastructure, and other smart technologies to make this a HOT corridor 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 underdeve'oped parcels wJ1 be flagged for further evaluation for market and development feasibility and potential catalytic development sites with a focus on publicly owned land. 4.4 Potential new develop menVRedevelopment Analysis • Walkable/MU redevelopment focus area analysis — The analysis will also 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, crrr of FW, worm, Tem, Page 8 of 14 Atlarhmen, A East Se7y Corrdor ❑awgin a-d PMwin ng study. PMO Release Dan: 02.062015 CPN 104214 Page 8 of 14 WORT 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 Alternative 5.1 Street Design Concepts The East Berry Street changes context along the corridor. The Fart 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 303 to IH-20 to me added to the CITY's Master Thoroughfare Plan. 5.2 Development Design Concept Based on the input from 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 show potential redevelopment scenarios for the opportunity sites_ Illustrative plants and basic three-dimensional massing models will show proposed infill development (ncluding 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. crTY of Fort Worth, reXaS Page 9 of 14 Aitach.ment A East Berry Corridor ❑es:gn and Planning Study PM 0 Re!naae pate- 02 D6.2015 CPN :C421a Page 9of14 T WO 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 frameworks 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 (`A' Frontages), building scale, and parking. The Preliminary Cade Framework document will be reviewed with City staff and amended prior to the start of the coding task in Task 6. 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 conoepts along the Past 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 regions; averages for each of the different land uses. Revenues will be based an average price points identified as part of the market research. • Go -to -Market Strategy. The CONSULTANT, will prepare go -to -market strategies for up to four catalytic concepts. The strategies wil utilize recommendations identified 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. MY or Fort w Dr1n, tends Page 10 of 14 futachrnen'.A cast Ben Cordcol Cesign and PtannIng Study PMO Reie•se Date: 02.(C2i315 CPN 1G4214 Page 10 or 14 WORTH. Engagement diring this phase will be Open House #2, focus groups, and preference survey on website. DELIVERABLES 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 3, 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: • New Zoning Categories: The intent of our approach is to use existing zoning categories such as MU-1, MU-2, and UR to the extent that t'ney 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 SUBCONSULTANT 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 Plans) will regulate development at each node to promote high -quality mobility, connectivity, and access defined by a mu4i-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 form standards, parking location standards, functional building design, signage standards, and transitions to adjoining neighborhoods. CITY 31' For VVW'% Texas Page 11 of 14 Attachment A Eas! Eerry Corider Design and Rann,N Study I'MO Ftaiaase Date. d2.06.2C 15 CPN IC-4214 Pace 11 of 14 WORTH, o Public realm standards will include public space/street standards defining design attributes and geometrics 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 Pian • The CONSULTANT will identify near, short-, mid-, and long-term priorities and may include projects that can use existing funding sources —bond program, roadway rehabilitation, or current programmed Transportation Improvement Program (TIP) or Capital Improvement Program (CIP) projects. The near and short -short projects to utilize the 2022 bond 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. • Appendix: 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: • 601/a - technical materials — Full Review (occurs during other Tasks) • 80% - word version of the report — Fu'I Review • 95% -Final Draft layout— Minor Review 6.4 Plan Adoption 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. MY or Fort worth, rrmas Page 12 of 14 Alta hment A East Berry Corridor Design a-)d Ptammng Study PMO Ralease Date =0620'5 CPN 104214 Page 12 of 14 7KIN Zoning Ordinance Amendments: This task includes the creation of draft amendments to the crty's zoning ordinance (including changes to existing zoning districts andlor 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 speck vision for redevelopment While the process wil€ 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 will 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 wii be removed from the consultant and provided to the City of Fort Worth. DELIVERA13LES A. Form Based Codes B, Action Plan with Key Projects C. Summary Report D. Presentation adoption process. Additional Services not included in the existing 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 CITY's wriiten 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 CrrY of For, Warth, Texas Page 13 of 14 Attachment A East Barry Corridor Design aqd Planming Study PAfO Release Oats: 02.06.2015 CPN 104214 Page 13 of 14 FORT WORTH. Services related to development of the CITY's project financing and/or budget. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. CrTY Ct Fort Worn, Tex= Page 14 of 14 Altadtment A East Berry Corridor Design and Planniry Study PA1O R•loas Date, 02.D6.2.015 CPN IC4214 Page 14 of 14 ATTACHMENT B COMPENSATION Design Services for E. Berry Street Corridor Project City Project No_ 104214 Not t;) Exceed Sjm Project Compensation A. The CONSULTANT shall be compensated an amount not to exceed $700,000 as summarized in Exhibit B-1 — Consultant Invoice and Section IV—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. Method of Payment A. Partial payment shall be made to the CONSULTANT monthly upon City's approval of an invoice prepared and submitted by the CONSULTANT in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the CONSULTANT. F. Each invoice should withhold five percent (5%) of the charged amount for retainage. Retainage will be released in full with satisfactory completion of each project task as identified in the scope (Exhibit A) Ill. 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. Ot/ o± FDr. worth, ; exas E. Berry Street CornWr Design & Planning Atttavunenf S CPNO 104214 P WO Official Release Date: 8 09.2W Pape 1 of 3 B-1 A`ITACHMENT B COMPENSATION IV. Summary ofTcfalProject Fees Finn Primary Responsibliity Fee Amount % Prime Consultant Mrnle}-liom and Protect Management, 'oc�` ln� Transportation Corridor $40%000 572% Analysis, Economics Proposed MBEISBE.Sub-Consultants Livable Plans and Zoning and Development $140,000 20.0% Codes Concepts K Strategies Group Engagement Cdordlnation $70,000 10.0% ,Non-MBEISBE Cansultarrts Mend Collaborative Green tnfrastruclure $20,00o 2.S�o yewpra ArcUrban $70,060 10.0% TOTAL $700,000.00 100% Project Number & Name Total Fee MBEISBE Fee MBEISBE % $ 700 000.00 $210 000.00 30% % City MBEISBE Goal = 90 °fo �► a ate. rmas PMO O(fi W RelaM Dft O MZ.012 Pag92 of 3 Consultant Committed Goal =30 % E. SM SCeet-Coriidor t)es►gn a pLmtbg CPN# 104214 B-2 2 of Fort Worth aw"++m%x7caa,-caA=. 1 0 1 Q JIMS ZMVZU-uuuuuu 1 iir�d2�5¢ 10 1 App&cEmpvW& I 0 I u �+r» 1 4 .1 AypUc3d l)ue f 3104900 1 sit � r , , ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Bevy Street Corridor Plan City Project. No.104214 No Changes aWCfFCdWGr0LTemm imemC E.UMGhEBtCmTWbrpodgnBPJantWtgGWd/ �tna[t PMO ReleaseDa;e.05.19=0 CPMM 104214 Page 3 of r i ATTACHMENT D PROJECT SCHEDULP Task 9. ProJect Management and Coordinat'lan Ongoing Month:vw Task 2. Community,Engagement Strategy Ongoing Month 1-18 Task 3. Assessment Month 1-4 Task 4. Analysis Month 4-7 Task 5. Concept Plan Alternatives Month 7-10 Task B. Action Plan Month 11-18 E. Berry Street Corridor Design & Planning study CPN#!204214 EXHIBIT ____F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE UMITS a. Commercial General Liability — insured shall maintain commercial general liability (COL) and, if necessary, commercial umbrella insurance as fallow.: $1,000,00b each occurrence $2,000,000 aggregate 9 such Commercial General Liability► Insurance contains a general aggregate limn it shall apply separately to this Project or location. I. City shall be included as an additional insuredwith all rights ofdefense under the CGI_, using 180 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.ta any other insurance or self-insurance programs afforded to City. The Corrimen ial,General Liability insurance policy shall have no exclusions or endorsements that would alter or nulrrfy: premisesloperations, productstcompleted operations, contractual, personal injury, or advertising Injury, which are normally contained within the policy, unless City specifically apprbves such excluslons in writing. u. Insured waives all rights. against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered bytho commercial general Ga4iilityorcommercial umbrella liability insurance maintained In accordance with Agreement b. Business Auto Insured shall maintain business auto liability and, if necessary, commensal umbrella liability Insuranceas 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 ProjecL If dnsured owns no vehicles, coverage for hired or non -owned is acceptable. Insured waives ali rights against City and -its agents, offerers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or . comm endal umbrella llabWl Insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —Insured shall maintaln-workers compensation and employers liability Insurance and, If necessary, commercial umbrella liability CFW Standard Icsurance Requirements Page 1 of 3 Rev.10.03.18 insurance as follows. Coverage A stab tory limits Coverage B: $100,000 each accident $500,000 disease } policy limit $100,000 disease - each employee Insured waives all fights -against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by EYrgineer pursuant to this Agreement. d. Professional Liability (Errors !& Omissions) -- If appropriate, Insured shall maintain � e-f ,slorial IiabiGty insurance as fgilgws: $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 meats all other requirements. Coverage shall be claims -made, and maintained for the duration of the contractual agreement and for three (3) years following completion of services provided. The policy shall contain a'reb-bactive date prior or equal to the Effective Date of the Agreement or the fast date of services to be performed, whlchever is earlier. An anrival certificate of insurance shall be submitted in City to evidence coverage. (2) GENERAL 1NSVRANCE REQUIREMENTS a. Certriicates 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. 1} 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 its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation In favor of City With respect #b the Project; o. Certificate(s) of Insurance shall document that Insurance coverage limits speclfzed 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. Insured's liability shall not be limited to the CFW Standard Irisurance Requirements Page 2 of 3 Rev.16.03.18 specified amounts of insurance required herein. d. Other than worker's compensation insurance. in lieu of tralditional insurance. City may consider alterriative coverage or risk treatment measures through Insurance pools or risk retention groups. City must approve in writing any alterative coverage for it to -be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change In coverageshall 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 buslness In the State of Texas and have a currant AM. Best ring of A:VII or equivalent rineasure of financial strength and solvency. g. Any deductible or self -insured retention In excess of $25,000 that would change or alter the requirements herein Is subject to approval in writing by City, if coverage Is not provided on a firstAollar basis. City, at ris sole discretion, mayconsentto alternative coverage maintained through insurance pools orrisk retention groups. Dedicated financial resources of letters of credit may also be acceptable to City_ h. In the course of the Agreement, .Insured shall report, In a timely manner, to Cites 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. 1. City shalt be entitled, upon ,ifs request and without incurring expense, to review Insured's insurance policies Including endorsements thereto and, at CWs discretion, Insured may be required to provide proof of Insurance premiurn. payments. j. Lines of coverage, otherthan Professlonal Liability, underwritten on a claims - made: basis, shall contain a retroactive date colncidentwith or prior.to the date gf this Agreement. The cert'rficata•of insurance shall, state, both the retroactive date and that the coverages is claims -made. k. Coverages, Whether written on an occurrence or claims -made basis, shall be maintained without Intemaptiiort nor *tripffve moditiiation or changes from date of owrimencement of the Project until final payment and termination of any coverage required to.be maintained afterfinal paymerrb. I. City shall not be responsible for the direct payment of any Insurance premiums required by Agreement, m. 5ubdontrdctors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon Cites request, Insured shall provide Citywith documentation thereof. CFVV Standard Insurance Requirements Page 3 of3 Rev. I DAMa rll—lff• 34"n IBMLHORNI DATE IdlI4WDlYYYYj. ACORD. CERTIFICATE OF LIABILITY INSURANCE 312a/zo22 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLUEP-THIS CERTIFICATE DOES NOT AFFIRMATWMY OR NEGATIVELYAMEND. €XTEND OR ALTERTHE COVERAGfi AFFORDED BY THE POLICIES BELOW. THIS; CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE ACONTRACT 13MVVMN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND TH6 CERTIFICATE HOLDER. IMPOITrANT_'Uthb cerdileate holder is an ADDITIONAL INSURED, the polloWes) must havo ADDITIONAL INSURED provisions or be endorsed. ITSUgROGATION 13 WAIVED, subject to the terms pnd capditions of the p61•icy, certain policles may require an endorsement. AStatement an this certificate does not confer any rightsto the Certificate holderin lieu of such endomemengd). PRODUCER Greyling Ins. BrokeragelEPIC 378D Mansell Road, Suite 370 Alpharetta, GA 30022 ulw"rr Jerry No ola 770 220-76S9 Ha; aDO�ss Jerry noyoia@greyling.bom INSUREEaIS7 pFFQR6Str4 COYERAGB NASt:O e9SU IMA • Nadonai Upian Flm Ins: Co.. 19445 DISURA1 KIrRley-Horn and Associates, Tne. 421 Fayetteville Street, Suite 600 Rareigh, NC 27601 pWRMe L AMed World Assurance Company (US) 19489 eESURERC' NewHalnpshlre Ins.Co. 23841 rNsuRERD orlandon 085202 cvsuRatEa Dl8I1RFRP COVERAGES CERTIFICATE NUh SEM 22-23 REVISION NUMBER: M-US IS TO CERTIFY THAT THE POLICIES OF INSURANCE I.ISTEO BELOW HAVEBEENiSSLiED TOTiIE INSURED NAMEOASOVE FOR*11M POLICYPERIOD INDICATED. NOTWITHSTANDING ANY REQWW1ENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER. DCCUIt7W VM RESPECT TO WHICH T= CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE. POLICIES -DESCRIBED HEREIN_N 15 SUBJECT-70 ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH*POL(CIES. LIMBS SHOWN iAAY HWE BEEN REDUCED BY PAID CLAIMS R TYPEOFDmRANCG rAMo uU1 POLICYrtMBEA POUCYUP PQLJ Mrs A X c0umsmALGEERJ%LuAllurY mma^wmr; ❑X orarR Cont matual liab GL52BB469 0=11202204101120 _ EAdiOLY'JmRewE $1,000,000 �> Yi EEO ,rrllae s500 00 X MM E XP me ) s25 000 PFli:'iONU.aAOYVVURY Si 000,000 GE NLAGWWrATEwrrTAPt'=PM POLICY .�X JECT � EOC orlffivu C9XERALACGREOATE S 00D 000 PR04UCI5-COFIPJGPAGO s2,009,000 s A nM /U10131LEr1A`Ma TY X ApNy�YyMNO irpURSEOpSOFSLY AU�S NEW= X AUTaollLY X I Q s% D CA4489663 4101/20222 04101/202 Cones ut n s Urer ne'eant 2,00D,000 e00ILYINJElRYIPerpe=n) S BOOILY]Nim(per ot14" 3 rasa oAnaAOe $ S B )( X LnMRMULME Exeass rase X OarIR C> AS&SMA >: I 03127930 1 0410112k2 041011202 eAe►r000URReNIoe E5,000,000 AGCRECATEc $5 000 000 . DEC I X1 BgHZffiPNS10,000 E C C WORKERSC13MMSAMON AEEDEtPLOYERS'LrA Q= Yrli 0p�+10p!Ro tiCirrlY✓ GFFlCHilAtB�R'NIA eE7CC� � Planeeoylnlraj o etSC' R oHo`R o ERAi1 WCOISS936W(A08) WC015893686 tCA) 0410112022 0112022 (1410112022 t141D1120 X �' CL EACHACGOFNi 1 000 0D0 EL. DIseASe.EAE>�LOYra 91000000 ELDISE:ASE-POUCYUMT S1 00U 000 D Professional Llab 130146LOUSA#04949 101/2022 04/0/1202 'Per Claim $2,000,000 Aggrogata $2,oaD,000 DPSCRI MNOFOPE: UONSILOCAIrONSIVE MCLESIACORDt6t.AdiWcalRemtftSamdaro,mayba:!beltedIlro5matnmEsmvruirodl Fie: AI] Projects. The'CIty of Fort Worth, its employees, officers, offlciats, agents & volunteers are named as Additionai Insureds with respects to General & Automobile Liability where required by written contract The above referenced liability policies with the exceptlon of workers compensation & professional liability are -primary & non-contributory where requlydd by written contract. Itetrdactiva Date:1010211967. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 (See Attached Descriptions) City of Fort Worth 2001'exas Street FartWo*, TX 76102-0000 SHOULD ANY OPTHEABOVEDESCRIBED POLICIES8DCANcIM .F_OBEFORE THE E unRATEDN DATE THEREOF. 'NOTICE WILL'BE 1301VERED IN ACCORDANCE WIDE THE POLICY PROVISIONS. A!m{ M ED P"RE"SMATNE m 1088 2016 ACORD CORPORATION. All riefts reserved. ACaRD 25 (2016l03) I of 2 The ACORD name and logo are registered [narks of ACORD #931834461M3180884 JNOYI DESCRIPTIONS: (Continued from Page 1) days wnfien notice (except 10 days for nonpaymerit of premrum) will be provided to the Certificate Holder. Waiver ofsubrogaiton in favor of Additional insureds) where required bywrittan contract & allowad by law. GAGMA25,3001610A 2 02 XSM P4461=180884 POLICY NUMBER: Gwasiw COMMERCIAL GFM19RAL LIABILITY CO 2010 1219 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 Personls) Or Ornanizatlon(s) I Locations] Of Covered Operations ANY PERSON OR ORGAN17ATi0N-irlHOlf YOU PER THE -CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT .OF ANY CONTRACT OR A6RE EMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, If not shown above, will be shown In the BLeclaratidns. J A. Section li 6 Who Is An insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury% "property damage" or "parsonal 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(sl at the location(s) designated above. 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 respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage".occurring after: 1. All work, including materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a pdncipai as a part of the same project. CG 2010 1219 4> 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 tAder the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 0 Insurance Services Office, Jnc.r 2018 CG20101219 . POLICY NUMBER: GLM6e169 COMMERCIAL GENERAL ,LIABILITY CG 20 37 .t 2 19 THIS EMDORSEMENT 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 LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Personls) or Or enizationts) Location And Desch tion Of Completed Operations ANY PERSON OR ORGANIZATION PER THE CONTRACT 'OR AGREENENT. WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. information required to.comp[ete this Schedule, if not showd 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 organizations) shown In the Schedule, but only .With respect to liability for "bodily injury" or "property damage" caused, In whole or in part, by "your work"' at the location designated and described in the Schedule of this endorsement performed for that additional insured and Included in the "products -completed operations hazard". However. I. The insurance afforded to such .additional insured only applies to the extent permitted by law; end 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 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 epreement; or 2. Availablo under the applicable limits of insurance; whichever Is less. This endorsement shall not . increase the app.Goable [Wits of Insurance. CG 20 3112 19 ® Insurance Services Office, Inc., 2018 Page 7 of. TEXAS WAIVER OF OUR RIGHTTO RECOVER FROM OTHERS ENDORStMBNT This endorsement changes the policy to which it Is attached and is effective on the date Issued unless otherwise stated. (Me Wwu ation,below b required only when Oft endorsement Is f wed subsequert to praparaifon or the pokey.) This endorsement, effective 12:01 AM 04l0i2022 forms a.part of Policy No. wcot5893M(Aas) Issued to 1Qmisy4iam endAssociaW% Inm By NEW HAM PSH I RE INSURANCE CDMPANY 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 respd4-t 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. - Thi$ 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 Name of person or organization (X) Blanket Waiver Any person -or organization for whom the Named L14ured 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 premium developed an payroll In connection with work performed for the above person(s) or organization(;) arising out of the operations described. 4. Advance Prerntum: Cnuntersigreedby�_____..___________ / WC42o304B (Ed. 6-,14) Authorized Representative -0 Copyright 2014 Nalianat Coundl on C V errsakon fnwranc% Inc. AA Rights Reserved: UJ8;22, 9 09 AM CM COUNCIL AGENDA Create New From This M&C NI&C Review olrickj Site of .he air 01 ' ;`r Y leas FQRTWORTII DATE: i112912022 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 Kimley-Horn and Associates, Inc. in the Amount Up to $700,000.00 for the East Berry Street Corridor Project RECOMMENDATION: It is recommended that the City Council authorize execution of a professional services agreement with Kimley-Horn 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 share 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 th's project. The project is expected to start in fal2022 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: Ranking Order ;Proposers Score 1 _ K coley -Horn and Associates, Inc. 89 2 !Freese and Nichols, Inc. i83 3 HDR Engineering, Inc. '79 4 Design Workshop, Inc_ - -- �776- 5 i6 Bums & McDonnell, Inc. Moore lacofano Moore, Inc. 74 61 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 TiRZ-General Capital Fund for the purpose of funding the Bent' Street Corridor Plan project, as appropriated via M&C 22-0689. MIWBE OFFICE - Kimley-Horn and Associates, Inc. is in compliance with thte City's Business Equity Ordinance by committing to 321% Business Equity partidpabon on this project. The City's Business Equity goal on this project is 1 M%. apes.cf.vnetorWcoL,rrdl_packet'mc_revievr.asp?13-3056C&cou nc Id ate= 11 �2912022 117 i 124= 9:09 AM MS C Review The Fast Berry Street Corridor is located in COUNCIL DISTRICTS 5, 8, AND 9. FISCAL iNFORMATIONLCERTIFIC ON; The Director of Finance certifies that fiends 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 Transpartaton and Public Works Department has the responsibility to validate the availabllity of funds. ID I 1 1D I I I Year ID I I ID I I I Year Submitted -for City an gees Office bye Qig'ni _ ating-P—epartment Head: Additional Info atio Contact: William Johnson (5806) Lauren Prieur (6035) Monty Hall (8662) Kelly Porter V259) MERRY STREETCORRIDOR CONTACT FID table.xig (CFW [ntemal) 20SERRY STREE7_QORRIDOR CONTACT funds Milabilihr pdf (Public) Contract Compliance Mom a l3egy Street Corridor.pJ (CM Intemal) 9 6eny St Study Area Map. (Public) Eorrn 1295 Certify 1009 929 Be Street Corridor CPN 104214.(CFW Intemal) SAM,ga Search Kimley, Hom.gdf (Public) ePPs.crvaneiorglmuncA—padetlmc review.asp7iD=3o5w&councadate=11r191 m 212 104214-EPAG-E. Berry Street Corridor Design & Planning Study Final Audit Report 2022-12-09 Created: 2022-12-09 By: Andrea tftunoz (Andrea.MunaznlfcHtNefthtexas.gov) Status: Canceled / Declined Traricactio i ID: CBJCriBCAABAAGpt3eUbAXy7gUbpcpWpKu4FJ_r7MS_24YL "104214-EPAG-E. Berry Street Corridor Design & Punning Stud y" History t Document created by Andrea Munoz (Andrea.Munoz@fortwarthtexas.gov) 2022-12-09 - 0:08:49 AM GMT- IP address: 204.10.90.100 E7. Document emailed to michelle.mccullough@fortworthtexas.gov for filling 7022-12-09 - 0:22.27 AM GMT Document emailed to scott amold (scott.amold@kimley-hom.com) for signature 2022-12-09 - 02227 AM GMT Document emailed to Mary. Eiliott@fortvvorthtexas.gov for signature 2022-12-09 - 0:2227 AM GMT Email viewed by Scott amold (scott.arnold@kimley-hom.com) 2022E-12-09 - 0:25:50 AM GMT- IP address: 137.27.1213.42 -c,, Document e-signed by scott arnold (scott.amoid@kimley-horn.com) Signature Date: 2022-12-W - 12:53:55 PM GMT - Time Sourm: server- IP address: 32.141.2.166 Email viewed by micholle.mccullough@fortworthtexas.gov 2022-12-W-2:15:01 PM GMT- IP address: 71.15.113.144 Document canceled by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2022.12-09 - 2.22:39 PM GMT- iP address 204.10.90.1 D0 FORTY. Adobe owe, by Acrobat sign 104214-EPAG-E. Bevy Street Corridor Design & Planning Study Final Audit Report Created. 2022-12-09 By: Andrea Munoz (Andrea.Munnz(2fortworthtexas.gov) Status: Signed Transaction ID: CB-''CHBCAASAAaDtorzc-epg5ghgbQhpomwoDilfRJZQD 2022-12-21 "104214-EPAG-E. Berry Street Corridor Design & Planning Stud y" History Document created by Andrea Munoz (Andrea. Munoz@fortworthtexas gov) 2022-12-09 - 3:33:05 PV G'/T- JP address: 204.10.90.100 �. Document emailed to Barbara. Pryor@fortworthtexas.gov for filling 2022-12-09. 3:46:33 PM Gh1T C- Document emailed to MaryEltiott@fnriworthtexes.gov for signature 2022-12-09 - 3:46:33 PM GMT C Document emailed 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 - 3AT:19 PM GMT- IP address: 204.10.90.100 4 Signer Barbara.Pryor@fortworthtexas.gov entered name at signing as Barbara Pryor 2022-12-09 - 3.48.55 PM Gh`T- IP address 204.10.90.100 &p Form filled by Barbara Pryor (Barbara.Pryor@fortworthtexas.gov) Form filling Date:2022-12-08 - 3:46:57 Pki GI1T - %me Source sever- IP address- 204,10,90.100 Email viewed by tvtary.Elliott@fortworthtexas.gov 2022-12-09 - Z:08:33 PM GM7- IP address 2D4,10,90.100 'o Signer Marv.EIliott@fortworthtexas.gov entered name at signing as Mary Elliott 2022-12.09 - 4:09:37 PM GMT- IP address: 204.10.90.100 o Document e-signed by Mary Elliott (Mary.Elliott@fortworthtexas.gov) Signature pate: 2C22.12�09 - 4.09.39 Ph1 GMT - Time Source: server- IP address: 204.10.90.100 FORTIVORTY. by `fir � Adobe ■ jj Acrobat Sign Email viewed by deirdre.oneal@fortworthtexas.gov 2022-12-12 - 3:21-04 PM GMT- IP address: 204.10.90.100 Email viewed by deirdre.oneal@fottworthtexas.gov 2022-12.14 - 1.13:12 PV G MT- 1P address: 204.10.90.100 &0 Signer deirdre.oneal(o fortworthtexas.gov entered name at signing as Deirdre 0'Neal - Risk Management 2022-12-14 - 1:23:43 PM GMT- IP address 204.10.90.100 C�© Document approved by Deirdre O'Neal - Risk Management (,deirdre.oneal@fort-,vorthtexas.gov) Approval Date: 2022-12-14 - 1:23:45 PM GMT - Time Source: server- IP address: 204.10.90.ICC) �'. Document emailed to kelly.porter@fortworthtexas.gov for filling 2022.12-14 - 1:23,47 PM GMT Email viewed by kelly.porter@fortworth€exas.gov 2022-12-14 - 4:03:49 PM GMT- IP address 204.10.90.100 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 w3a Farm filled by Kelly K Porter (kelly.porter@fortworthtexas-gov) Form filling Date: 2022-12-14-7:3021 PM GMT - Time Source: server- IP address: 204.1010.100 r"4 Document emailed to Louren.Prieur@forbworthtexas.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 Gh"T- IP address: 204.10.90.100 Email viewed by Lauren. Prieur@fortworthtexas.gov 2072-12-15 - BAT:33 PM GMT- IP address: 108209.194.42 Email viewed by Lauren. Prieur@fo tworthtexas.gov 2022-12-16 - 8:44:47 Ph4 GMT- IP address: 166.137.115.21 x .%; Signer Lauren.Prieur@fortworthtexas.gov entered name at signing as Lauren Prieur 2022-12-16 - 8:45:17 PM GMT- IP address: 166.137.11521 G� Decument e-signed by Lauren Prieu- (Lauren. Prieur�a`�,fortworthtexas.gov) Signature Date: 2022-12-16 - 8:45:19 PM GMT -Time Snurte: server- IP address 166,137.115..21 . Document emailed to P(,sciIla.Ramirez@fortworthtexas.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 n ORT NORTH. i P° red bj Adobe Acrobat Sign Signer Priscilla. Ramirez@fortworthtexas.gov entered name at signing as Priscilla Ramirez 2022-12-19 - 4:44A1 PM GMT- IP address: 97.99,130,152 Document approved by Priscilla Ramirez(Priscilla.Ramirez@fortworthtexas.gov) Apprrsval Date, 2022-12- i9 - 4:44.43 PM GMT - Time Source� server- IP address: 97.99.130.152 Document emailed to Dotsglas.Black@rort,.vorthtexas.gov for signature 207-2-12-19 - 4:44:46 PM GMT Email viewed by Douglas.Slack@fortworthtexas.gov 2022-12-20 - 7:05:27 PM GMT- IP address: 204.10.90.100 . Signer Douglas.Siack@fortworthtexas.gov entered name at signing as DB[ack 2022-12-20 - 7:07:26 PM Gh1T- IP address: 204.10.90.100 Document e-signed by DBlack (Douglas.Black@fortworthtexas.gov) Signature Date: 2022-12-20 - 7:07:28 PR1 GATT - Tim@ Sour; e: server- IP address: 2G4.10.90.10O - Document emailed to William.Johnson@fortworthtexas.gov for signature 2022-12-20 - 7:07:32 PM GII/T Email viewed by William.Johnson@fort.vorthtexas.gov 2022-12-20 - 7:07:38 PM Gfv1T- IP address: 40,94.28.254 Signer William-Johnson@fortworthtexas.gov entered name at signing as William Johnson 2022- F2-20 - 10:18:01 R! GMT- IP address: 204.1 O,9O-100 FE E n Document e-signed by William Johnson (William.Johnson@forkvorthtexas.gov) Signature Date: 2022-12-20 - 10:18:03 PM GMT - Time Source: server- IP address: 204.10.90.IN Y Document emailed to Melissa Brunner (melissa.brunner@fortworthtexas.gov) for approval 2022-12-20 - 10:18:06 PM GMT Email viewed by Melissa Brunner (melissa.brunner@fortworthtexas.gov) 2022-12-20 - 10:18:11 PM GMT- IP address: 40.9428254 L'o Document approved by Melissa Brunner (melissa.brunner@tortworthtexas.gov) Approval Date: 2022-12-21 - 2:07:28 PM GMT - Time Source: server- IP address: 204.10 90.10G `- Document emailed to jannette.goodall@fortwrorth;exas.gov for signature 2022-12-21 - 2:07:31 PM GMT Email viewed by jannette.goodall@fortworthtexas.gov 2022-12-21 - 2:07:39 PM GMT- IP address: 40.94,28.254 Signer jannette.goodall@fort%vorthtexas.gov entered name at signing as Jannette S. Goodall 2022-12-21 - 2:31:39 PM GMT- IP address- 204.10.90.100 ty Adobe Acrobat Sign Oo Document e-signed by Jannette S. Goodall oanisette.goodaft@fodworthtexas.gov) Signature Date: 2022.12-21-2:31:41 PM GMT - Time Source: server- IP address: 204.10.90.100 C'. Document emaifed to Allison Tidwell (Allison.bdwell@tortworthtexas.gov) for filling 2022-12-21 - 2:31:" PM GMT f Email viewed by Allison Tidwell (allison.tidwell c@efortworthtexas.gov) 2022-12 21 - 11:09:44 PM GMT- IP address: 204.10.90.100 Gp Form filled by Allison Tidwell(allison.tidweil@fcrtworthtexaS.gov) Form filling Date: 2022-12-21 - 11:10:03 PM GMT - Time Source: server- IP address: 204.' 0.90.100 Agreement completed. 2022-12-21 - 11:10.03 PM GMT P�wed by j Adobe Acrobat Sign CSC No. 58685 TAX INCREMENT FINANCING FUNDING AGREEAWKNT East Berry Corridor Study Tlus TAX INCREMENT FINANCING DEVELOPMENT AGREEMENT (Agreement") is entered into by andbetweenthe BOARD OFDIRECTORS OF TAX Ilr CREMF,NT REINVESTMENT ZONE NUMBER TWELVE, CITY OF FORT WORTH, TEXAS (`Board"), an administrative body appointed in accordance with Chapter 311 of the Texas Tax Code ("TIP' 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 C1TY OF FORT WORTH ("(Nty"), 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 Developerbave entered into this Agreement: A. On July 18, 2006, the City Council adopted Ordinance No. 17061-07 200.6, establishing Tax Increment Reinvestment. Zone Number Twelve, .City of Fort Worth,, Texas ("TIF District'), -and establishing the tax increment fund of the TIF District ("TIF Fund"). B. On April I1, 2007 the Board adopted a project and financing plan for the TIF District, C TM Project Plan"). TheTIF PrajectPlanwas approved by the CityCouncil onJ'une 19.2.007. musnant to Ordinance No.17621-06 2007. G The City is pursuing a design and planning study for a multi -modal, wallo3ble, mixed -use corridor alork East Berry Street to enhance connectivity and access to jobs and commercial investment, with the'Board to contribute up to- $200,000.00 CTrojecel. D. The T1F 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 TIF district as an cligibI oxpense. Accordingly, the costs of the Project qualify as lawful `project costs," as that tam is, defined in Section 311.002(1) of the TIF Act ("Project Cost"). Accordingly, the Board is willing to provide fundin; fbr the;purchase ofthe land solely in accordance with andpursuant to this Agreement. NOW, THEREFORE, the Board and City, for and in consideration of the tetras and conditions set forth hMin, do hereby contract; covenant and agree as follows: 1. CITY'3 OBLIGATIONS. City Will oversee and % e 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 Fandin Provided that the City pursues the Project, and the City]= complied with sit terms and conditions of this Agreement, the. Board will provide funding for the Project is an amount up to Two Hundred AgreemegtfarEsstBary Coaid=StudpTJ7hmding Ageemmt lsetoiem7IFDis ictFastBeayTIFandCity ofFoaWorth Page x ofs Thousand Dollars and Zero Cents ($200,000.00) (" Funds") in accordance with provisions provided in this Section 2; provided, however, that if then: are not sufficient revenues in the TIF Fund at such time, the financial obligations of the Board to aty 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 incurred pursuant 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 iri accordance with this Agreement Mor to the agy reimbursement; the City will provide .an invoice with supporting documentation to the TIF adavnistrator in the City's Economic Development Department including the plan as set for the Request for Proposal for the Project is order to demonstrate flat 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 respopsible for issuing any reimbursement. Under no circumstances will the City transfer ftnds without prior written approval ofboth the TIF administrator and TIF accountant. 23 TIF Fnnd Contributions. The Board aelmowledges and consents to the_transfer from, the TIF Fund ofup 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 Find that are attnbutable solely to tax tncrernent (as defined in Section.311.012 of the Texas Tax Cade) generated ararvally fromproperty located in the TIF District ohd deposited into the TIF Fund in accordance with the TIF Act 2S Priority_o[RP Ment Notwithstanding anything to the contrary herein, City understands and agrees that any obligation of the Board to pay all or any portion of the ReimbursemeaAmount will be subject and subordinate to the Board's right to k6tainreserves in the TIF Fund in anyfiscal ye rto meet an existing contractual obligations of the Board. Specifically,nnd without Urnitingihe genmaW of the foregoing, the fbl1bwingpaytncnts, as obligated by the foIlowing existing contractual obligations, will havo priority over payment by the Board of all or any.portion of the ReimbursementAmount. a. Mason Heights l+dixed-Lase Project 3. TES,. The term of this Agreement will be effective upon full execution of this Agreement is upon the earlier of 0) the complete performance of all obligations and conditions precedent by the Hoard and City. (u).termnuation by either the Board or City as permitted by thh Agmement; or (ial) termination oftho TIF District in accordance with Section 311.017 of the TIF Act ' Agr==l forF.mBany CaRidor Sn*TIF F=&ngASm=n= betvu= TIFDktiatF=tBeay'YII+andCityofFmWorth Pap! ofs a. 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 Agreeme& will be binding on and inure to the benefit ofthe parties, thbir respective successois and assigns. S. - OITCES All written notices called for or required by this Agreement must be addressed to the following, or such other pary or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: Board: Board ofDhectors East Berry Renaissance TIF Attu: Director of Economic Development 1150 Soutar Freeway Fort Worth, TX 76102 6. VENUE AND CHOICE OF LAW. City: Assistant City Manager 200 Texas Street Fort Worth, Texas 76109 This Agreementwill be construed in accordance withhhe laws of The State ofTexas and applicable ordinances, rules, regulations or policies of the City. Venue for any action underthis Agreement will He in the State District Court:afTarrant County, Texas orthe United States District Court forthe Northern District ofTexas, Fort Worth Division. This Agreement is performable inTarrant County, Texas. 7. COMPLIANCE WITH LEGAI._REOUIREMENTS. This Agreement is subject to aR applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended, and violation of the same constitutes a default under this Agreement. in undertaldug any work in. accordance with this Agreement, City, its officers, agents, servants, employees, contractors and subcontractors must 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, 'U921 Requirements*'). 8. SEVERABiL1TY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of ee remaining provisions'will not in any way be affected or impaired. 9. COUNTERPARTS. This Agreement may be executed is anynumber of counterpat% each of which will be deemed an original and constitute one and the same instrument Agt=== ftEan BrayConidorSt *7W FtmdingA===t between Tff thsniCIPAn H cn71 F and lSty o#Fort wovh Phv3 ofS 10. CAPTIONS. The captions to the various clauses offt Agreement are for informational purposes only and will not alter the substance of the terms and conditions of this Agreement. 11. NO WAIVER Me failure ofeitherparty to insist upon the performance of any termorprovision oftbis Agreement or to exercise any right granted hereunder will not constitute -a waiver of that pWs iigbt 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 powers 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 interfemnces, unreasonabIe, delays by the City in issuing any permits 'ts or certificates of occupancy or condudLg any inspections of or with respect to the Project (based on the amount of time that the City customarily requires in undertaking such activities and based on the tben-current workload of the City departments) responsible for undeit g sucb activities), or delays caused by unforeseen construction or site issues, fire or other casualty, court injunction, necessary conddnmation proceedings, acts of the otherparty, its affiliateVrelated entities and/or their contractors, or any actions or inactions of third parties or other eireumstances 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 enumetated 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 a period of time equal to the period such party was delayed. 14. BOARD REPRESENTATIVE. City understands and agrees that; in-additidn 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 xespon4bilities ofthe Board hereunder, and that references to "the Board" in this Agreement mean 'B oard oard in its entirety or any such designated representative. IS. NO THIRD PARTY RIGHTS. This Agreement is solely for the benefit -of the parties hereto and is uot.intended to create or giant any rights, •contractuaI or otherwise, to any other person or entity. Agm mamtforEastBuryCanidwStudy7 FFmdmgASm==t batty= TIF District FastBmW TjFaud rxtyaMaWorth Page 4 ofs 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 herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. This Agreement will not be amended unless executed in writing by both parties and approved by the Board m 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: Chr s 4rrUn {arc 2t,.f 12 16 �} CiF Chris Nettles Chair Tff 12 Resolution No. 12-2022-01 Date of Board Approval: June 1, 2022 CITY OF FORT WORTH, TEXAS a Texas municipality By: Kill ;Q e..v'5R:5 i' William Johnson Assistant City Manager M&C No: 22-0689 Date: 9/1312022 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. .c9fftke Mg, air}. l LO& Fls.ths 29. 20M lilt CST] Nary Kf Ort tNo. X. 207; 140 CSTT Martha Collins Mary Elliott TIF 12 Administrator Transportation Manager Economic Development Transportation & Public works APPROVED AS TO FORM AND LEGALITY: By: uJ.l1.c.E Tyler Wallach Assistant City Attorney ATTEST: nn S. aoadgll By:Jaln --t 5l'M',!_:.5- Janette Goodall City Secretary Agreement for East Berry Corridor Study TiP Funding Aprement between Tff District East Berry Tff aaQ City of Fort Worth Page 5 of 5 S!6'23, 11; d9 AM CITY COUNCIL AGENDA Create New From This !till&C M&C Review offcal site Of "se G`f e' FORT%RTH 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 $70D,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 S200,DDD.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 East Berry Street Corridor project (City Project No. 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 $2D0,000.00; 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 S200,000.00 transferred from the Tax Increment Reinvestment Zone Number Twelve - East Berry Renaissance Fund, for the purpose of 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 icing 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 S200,000.0D to fund a design and planning study along the fast 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 Entity Appropriation Amount apps.cfwnet-orglcounal packetlmo_review.asp?ID=3024?&councibdate=4'13I2022 1-2 116123, 11:49 AM;; M&C Review '30100 General Capital Projects $500,000,00 30286 TIRZ - General Capital $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 improvements. 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 (2-4 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 fundino sources; as well as, proposed ordinances and regulating plan_ Funding for this project was not included in the Fiscal Years 2022-2026 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_ INFORMATIONICERTIF[CATION: The Director of Finance certifies that funds are currently available in the unspecified -Ali 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-Genera] 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 I Account Project Program Activity Budget Reference # Amount ID ID ! Year (Chartfield 2) Fund Department I Account Project I Program Activity Budget Reference # Amount ID ID Year I (Chartfield 2) Submitted for City Managers Ogee by: Originating Department Head: Additional Information Contact: William Johnson (5806) Lauren Prieur (6035) Monty Hall (8662) Mary Elliott (7844) ATTACHM�TS_, 208 RRY TR T R IQQR STUDY 1.docx (CFW Internal) Z95erry a1Cq t_ Non Bond Scope FID updated.Xl_SX (CFW Internal) ORD.APP20BERRY STREET CORRIDOR STUDY _301 0 A022(r1).docx (Public) ORD.APP20BERRY STREET CORRIDOR STUDY 30286 A022(r3 Aocx (Public) !IF 12 presentation Berry Street June 2022,pdf (Public) app$.cfwnet.orglcouncil, Facketimc_review.asp?lD=3C241&wumik}ate=9r13I2022 2'2 City of Fort worth, Texas Mayor and Council Communication DATE: 04/09124 M&C FILL: NUMBER: M&C 24-0271 LOG NAME: 17TIF12 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 $200,000.013 In Alignment with the Tax Increment Financing Development Agreement with 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 RelnvestmentZone Number Twelve -last 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 for the Berry Street Corridor Plan project In amount of $200,000,00, transferred from the Tax Increment Reinvestment Zone Number Twelve - East Berry Renaissance Fund, for the purpose of funding the Berry Street Corridor Plan project (City Project No. 104214); and 3. Amend the Fiscal Years 2024-2028 Capital Improvement Program. East Berry. Street extends from Interstate Highway (IH) 35W to Cravens Road, along the western shore of Lake Arlington. The corridor project includes pre-englneering 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, 202Z City of 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 NumberTweive-East Berry Renaissance (i1F) 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 forthe TIF then entered Into an agreement on January 8, 2023, whereby the Citywill be reimbursed for the studywith TIF funds when funds became available. Funds for reimbursing the City have become available In an amount up to S200,000.00 and the TIF would like to reimburse the City at this time vfth those available funds. Upon approval of this Mayor and Council Communication (M&C), all appropriations and funding will be as summarized In the table below Fund Fund Name Appropriation Amount 28 112 IRZ #12 -East Berry Renaissance ($200.000.00 30288 ITIRZ- General Capital $200,000.00 On December 21, 2022, The City of Fort Worth entered into a contract with Kmely-Hom (M&C 22-1007) farthe East Berry Corrtdor Pian (EBCP). The EBCP process, since February 2023, has pursued the goals of safety, muitimadal 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 conidorfor people of all ages and abilities to want to live and vis1L 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: l) Cross-section design; 2) List of projects for MasterThoroughfare Plan; 3) ZnNng; 4) Catalytic site development: and 5) Policy recommendations. The final week of public meetings will be on Wednesday (4i17124) and Thursday (4118124). 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, Councllmembers, impacted property owners, and the general public in the study area. Funding fdr thls 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 will amend the Fiscal Years 2024-2028 Capital Improvement Program as approved in connection with Ordinance 26453439 2023. The East Berry Street Corridor is located in COUNCIL DISTRICTS 5, 8. AND 9 i. A Form 1295 Is not required because: This M&C does not request approval of a contract with a business entity. The Director of Finance certifies that funds are currently available within the TIRZ ;912 - East Berry Renaissance Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds wilt be available in the TIRZ-General Capital Fund for the Berry Street Corridor Plan project. Priorto an expenditure being Incurred, the Transportation Public Works Department has the responsibility of verifying the availability of funds. Submitted for City Managers Office -by. William Johnson 5806 Orlginatina Business Unit Head: RobedStums 2883 Addit1pnal InMEMMIDE1 Gpl]lact; Martha Collins 2-610 Walter Council 7844 1