HomeMy WebLinkAboutContract 56500-A2City of Fort Worth, Texas
Prof Services Agreement Amendment Template
Revision Date: 12/08/2023
Page 1 of 4
2022 Transportation Impact Fee Study Update
103247
_____________________
AMENDMENT No.2
TO CITY SECRETARY CONTRACT No. 56500
WHEREAS, the City of Fort Worth (CITY) and Kimley-Horn and Associates,
Inc., (ENGINEER) made and entered into City Secretary Contract No. 56500,
(the CONTRACT) which was authorized by M&C 21-0697 on the 21st day of
September, 2021 in the amount of $520,000; and
WHEREAS, the CONTRACT was subsequently revised by:Amendment Number 1
in the amount of $71,030.11 which was administratively authorized on
November 23, 2021; and
WHEREAS, the CONTRACT involves engineering services for the following
project:
2022 Transportation Impact Fee Study Update, CPN 103247; and
WHEREAS, it has become necessary to execute Amendment No. 2 to the
CONTRACT to include an increased scope of work and revised fee.
NOW THEREFORE, CITY and ENGINEER, acting herein by and through their
duly authorized representatives, enter into the following agreement, which
amends the CONTRACT:
1.
Article I of the CONTRACT is amended to include the additional
engineering services specified in proposal attached hereto and incorporated
herein. The cost to City for the additional design services to be performed
by Engineer totals $300,000. (See Attached Funding Breakdown Sheet, Page
-4-)
2.
Article II of the CONTRACT is amended to provide for an increase in
the fee to be paid to Engineer for all work and services performed under
the Contract, as amended, so that the total fee paid by the City for all
work and services shall be an amount of $891,030.11.
City of Fort Worth, Texas
Prof Services Agreement Amendment Template
Revision Date: 12/08/2023
Page 2 of 4
2022 Transportation Impact Fee Study Update
103247
3.
All other provisions of the Contract, which are not expressly amended
herein, shall remain in full force and effect.
EXECUTED and EFFECTIVE as of the date subscribed by the City’s
designated Assistant City Manager.
APPROVED:
City of Fort Worth ENGINEER
Kimley-Horn and Associates, Inc.
Dana Burghdoff
Dana Burghdoff (Dec 23, 2024 12:44 CST)
Dana Burghdoff Scott R. Arnold, P.E.
Assistant City Manager Vice President
DATE:Dec 2_3_, 2024 DATE:Dec18,2024
ATTEST:
Jannette Goodall
City Secretary
APPROVAL RECOMMENDED:
DaltonHarrell(Dec20,2024 12:45 CST)
D.J. Harrell
Director,Development Services Department
City of Fort Worth, Texas
Prof Services Agreement Amendment Template
Revision Date: 12/08/2023
Page 3 of 4
2022 Transportation Impact Fee Study Update
103247
Contract Compliance Manager:
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.
Jennifer Roberts, P.E.
Assistant Director, Development Services Department
APPROVED AS TO FORM AND LEGALITY: M&C No.#: 24-1039
M&C Date: 12/10/2024
DouglasBlack (Dec18,2024 10:30 CST)
Douglas W. Black
Sr. Assistant City Attorney
Jennifer Roberts (Dec 18, 2024 09:56 CST)
City of Fort Worth, Texas
Prof Services Agreement Amendment Template
Revision Date: 12/08/2023
Page 4 of 4
2022 Transportation Impact Fee Study Update
103247
FUNDING BREAKDOWN SHEET
City Secretary No.56500
Amendment No. 2
Fund Dept ID Account Project
ID
CF1-
Activity
CF2 –
Bond
Reference
Amount
39008 0060419 5330500 103427 002310 $31,024.23
30108 0060419 5330500 103427 002310 $268,975.77
Total: $300,000
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07.23.2012
Page 1 of 2
ATTACHMENT “A”
Transportation Impact Fee Study On-Call Support Amendment #2
PROJECT UNDERSTANDING
The goal of this project is to assist City staff in the administration of the Transportation
Impact Fee Program and to perform a minor amendment to the existing Transportation
Impact Fee Study dated October 25, 2022 to incorporate annexations to date. This scope of
services will provide the CITY with professional services required by Chapter 395 of the
Texas Local Government Code to amend the Land Use Assumptions, Capital Improvement
Plan for Impact Fees, and the maximum transportation impact fee that may be assessed
due to annexations on an as-needed basis when requested by the CITY. The ENGINEER
will also assist the CITY at various presentations required during the public hearing and
adoption process.
SCOPE OF SERVICES
If services beyond those defined in this scope are required, the Parties shall attempt to
negotiate a written amendment to this Agreement. ENGINEER shall not proceed with work
on any additional services prior to the Parties executing a written amendment. The Scope
of Services consists the following primary tasks:
Task 1 – Project Management and Coordination
Task 2 – Annexation Amendments
Task 3 – Impact Fee Program Administration Support
Task 1 – Project Management and Coordination
The ENGINEER will prepare and submit monthly invoices, in accordance with
Attachment B to this Standard Agreement, in the format requested by the CITY.
The ENGINEER will participate in meetings with CITY staff as requested. These
meetings will be held on specific days and times as agreed to by the CITY. A
maximum of three hours will be anticipated for each meeting and may include up
to two members of the ENGINEER’s team. The ENGINEER shall prepare
meeting notes from each meeting.
Task 2 – Annexation Amendment
The ENGINEER will amend the Land Use Assumptions, Transportation
Improvements Plan, and Maximum Assessable Impact Fee upon request from the
CITY. The amendment will apply only to the Transportation Impact Fee Service
areas where a change in the Service Area boundary, Land Use Assumptions, or
Transportation Improvements Plan is anticipated as a result of annexations.
The ENGINEER will provide a PDF copy of the amended Transportation Impact
Fee Study report including the amended Land Use Assumptions, Transportation
Improvements Plan, and Maximum Assessable Fee.
Page 2 of 2 CITYof FortWorth, Texas
Attachment A
PMO Release Date: 07.23.2012
Page 2 of 2
The ENGINEER will amend the Transportation Impact Fee Estimator once each
time the Transportation Impact Fee is amended.
Task 3 – Impact Fee Program Administration Support
The ENGINEER will assist in reviewing requests for Transportation Impact Fee
Calculation Estimates as requested.
The ENGINEER will assist in updating the Transportation Impact Fee Estimator to
incorporate additional land uses and/or development units as requested.
The ENGINEER will assist in preparing Transportation Impact Fee Credit
Agreements with Applicants as requested.
The ENGINEER will prepare for and attend Capital Improvements Advisory
Committee Meetings as requested.
The ENGINEER will prepare for and attend City Council meetings to support
Agenda items related to Transportation Impact Fees as requested.
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
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 written request. Any additional amounts paid to the ENGINEER as a result of any
material change to the Scope of the Project shall be agreed upon in writing by both parties
before the services are performed. These additional services include the following:
Evaluations outside the city limits.
Additional meetings beyond those identified in the scope of services.
Negotiation of easements or property acquisition.
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.
ATTACHMENT B
COMPENSATION
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 1 of 4
B-1
Design Services for
Transportation Impact Fee Study On-Call Support Amendment #2
City Project No. 103247
Time and Materials with Rate Schedule Project
I. Compensation
A. The ENGINEER shall be compensated for personnel time, non-labor expenses,
and subcontract expenses in performing services enumerated in Attachment A as
follows:
i. Personnel Time. Personnel time shall be compensated based upon hours
worked directly in performing the PROJECT multiplied by the appropriate Labor
Category Rate for the ENGINEER’s team member performing the work.
Labor Category Rate as presented in the rate schedule table below is the rate for
each labor category performing the work and includes all direct salaries, overhead,
and profit.
Labor Category Rate
($/hour)
Senior Project Manager / Project Director $280
Senior Professional / Senior Project Engineer $260
Project Manager $220
Professional / Project Engineer $185
Analyst III / EIT III $165
Analyst II / EIT II $155
Analyst I / EIT I $150
Administrative $105
Intern $90
ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct
Expenses at invoice or internal office cost.
Direct Expenses (non-labor) include, but are not limited to, mileage, travel and
lodging expenses, mail, supplies, printing and reproduction services, other direct
expenses associated with delivery of the work; plus applicable sales, use, value
added, business transfer, gross receipts, or other similar taxes.
iii. Subcontract Expenses. Subcontract expenses and outside services shall be
reimbursed at cost to ENGINEER plus a markup of ten percent (10%).
iv. Budgets. ENGINEER will make reasonable efforts to complete the work within
the budget and will keep the City informed of progress toward that end so that
the budget or work effort can be adjusted if found necessary.
ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be
adjusted, nor is the City obligated to pay ENGINEER beyond these limits.
ATTACHMENT B
COMPENSATION
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 2 of 4
B-2
If ENGINEER projects, in the course of providing the necessary services, that the
PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether
by change in scope of the project, increased costs or other conditions, the
ENGINEER shall immediately report such fact to the City and, if so instructed by the
City, shall suspend all work hereunder.
When any budget has been increased, ENGINEER’s excess costs expended prior
to such increase will be allowable to the same extent as if such costs had been
incurred after the approved increase.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II. Method of Payment
A. The ENGINEER shall be paid by the City based upon an invoice created on the
basis of statements prepared from the books and records of account of the
ENGINEER, based on the actual hours and costs expended by the ENGINEER in
performing the work.
B. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
C. ENGINEER shall prepare and submit invoices in the format and including content
as presented in Exhibit B-1.
D. Payment of invoices will be subject to certification by the City that such work has
been performed.
III. Progress Reports
A. The ENGINEER 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.
ATTACHMENT B
COMPENSATION
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 3 of 4
B-3
IV. Summary of Total Project Fees
Firm Primary Responsibility Fee Amount %
Prime Consultant
Kimley-Horn and
Associates, Inc.
Project Management, Impact
Fee Analysis and Support
$245,000.00 81.7%
Proposed MWBE Sub-Consultants
Iconic Consulting
Group, Inc.
Project Costing and Quality
Review
$45,000.00 15%
Non-MWBE Consultants
Newgen Strategies &
Solutions, LLC
Financial Analysis $10,000.00 3.3%
TOTAL $300,000.00 100%
Project Number & Name Total Fee MWBE Fee MWBE %
103427 Transportation Impact Fee Study
On-Call Support Amendment #2
$300,000 $45,000 15%
City MWBE Goal = 15% Consultant Committed Goal = 15%
EXHIBIT “B-1”
ENGINEER INVOICE
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 4 of 4
B-4
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across desired work types and work phases.
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M&C Review Page 1 of
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32745&councildate=12/10/2024 12/17/2024
CITY COUNCIL AGENDA
Official site of the City of Fort Worth, Texas
Create New From This M&C
DATE:12/10/2024 REFERENCE
NO.:
**M&C 24-
1039 LOG NAME:
06AMEND TRANS
IMPACT FEE STUDY
CODE:C TYPE:CONSENT PUBLIC NO
HEARING:
SUBJECT:(ALL) Authorize Execution of Amendment No. 2, in an Amount Not to Exceed
$300,000.00, to a Professional Services Contract with Kimley-Horn and Associates,
Inc. for the 2022 Transportation Impact Fee Study for a Revised Contract Amount of
$891,030.11, Adopt Appropriation Ordinances and Amend the Fiscal Years 2025-
2029 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of Amendment No. 2 to the professional services contract with Kimley-
Horn Associate, Inc. (CSC No. 56500), in an amount not to exceed $300,000.00,
for additional services related to incorporating annexations into the transportation impact fee
program for a revised contract amount of $891,030.11;
2. Adopt the attached appropriation ordinance increasing the estimated receipts and
appropriations in the Transportation Impact Fee Capital Legacy Fund in the amount of
$31,024.23 from available transportation impact fees and interest earnings for the purpose
of funding the 2022 Transportation Impact Fee Study Update project (City Project No,
103427);
3. Adopt the attached appropriation ordinance increasing the estimated receipts and
appropriations in the Transportation Impact Fee Capital Fund in the amount of $268,975.77
from available transportation impact fees and interest earnings for the purpose of funding
the 2022 Transportation Impact Fee Study Update project (City Project No, 103427);
4. Amend the Fiscal Years 2025-2029 Capital Improvement Program.
DISCUSSION:
Section 395.052 of the Texas Local Government Code requires the City to revise the Capital
Improvement Plan related to Transportation Impact Fees at least every five years to evaluate its
current land use assumptions and capital improvement plan. In accordance with this provision,
Development Services issued a Request for Proposals May 4, 2021. Proposals were received and
opened July 15, 2021. Kimley-Horn and Associates, Inc. provided the only responsive proposal. The
study is the fourth iteration of the Transportation Impact Fee Study since the program was adopted
May 13, 2008. The last update was completed in November of 2017 and was adopted by City Council
January 23, 2018.
The original projected cost for the study was $520,000.00 as part of M&C 21-0697 on September 21,
2021. Amendment No. 1 was made in the amount of $71,030.11 which was administratively
authorized on November 23, 2021. This Mayor and Council Communication (M&C) will provide
additional funding in for the contract in the amount of $300,000.00, for $891,030.11, to include an
increased scope of professional services to amend the Land Use Assumptions, Capital Improvement
Plan for Impact Fees, and the maximum transportation impact fee that may be assessed due to
annexations. This project is located in ALL COUNCIL DISTRICTS.
M&C Review Page 2 of
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32745&councildate=12/10/2024 12/17/2024
Funding Source Amount
Transportation Impact Cap Legacy Fund (Service Areas N,
U, Z)
Transportation Impact Fee Capital Fund (All other Service
Areas)
$31,024.23
$268,975.77
TOTAL PROJECT FUNDING $300,000.00
Funding for this project was not included in the Fiscal Year (FY) 2025-
2029 Capital Improvement Program. The action in this M&C will amend the FY 2025-2029 Capital
Improvement Program.
Business Equity: Kimley-Horn and Associates, Inc. agrees to maintain its initial M/WBE commitment of
15\% that it made on the original agreement and extend and maintain that same M/WBE commitment
of 15\% to this Amendment No.2. Therefore Kimley-Horn and Associates, Inc. remains in compliance
with the City’s M/WBE Ordinance and attests to its commitment by its signature on the Acceptance of
Previous M/WBE Commitment form executed by an authorized representative of its company.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in various projects within
the Trans Impact Fee Cap Legacy and the Transportation Impact Fee Cap Funds and upon approval
of the above recommendations and adoption of the attached appropriation ordinances, funds will be
available in the Trans Impact Fee Cap Legacy and the Transportation Impact Fee Cap Funds for
the 2022 Trans Impact Fee Study project to support the approval of the above recommendations and
execution of the amendment. Prior to an expenditure being incurred, the Development Services
Department has the responsibility of verifying the availability of funds.
TO
Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
FROM
Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
Submitted for City Manager's Office by: Dana Burghdoff (8018)
Originating Department Head: D.J. Harrell (8032)
Additional Information Contact:
ATTACHMENTS
06AMEND TRANS IMPACT FEE STUDY funds availability.pdf (CFW Internal)
AMENDMENT#2_IMPACT_FEE_STUDY_COLLECTION_RATE_FID_TABLE Review by Bus Support
9.19.24.XLSX (CFW Internal)
Amendment_Amendement to Agreement_CPN 103427 No.2(dwbRL11.15.24).docx (CFW Internal)
M&C Review Page 3 of
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32745&councildate=12/10/2024 12/17/2024
Amendment_Amendement to Agreement_CPN 103427 No.2.docx (CFW Internal)
APC Form - BE Goal.pdf (CFW Internal)
City of Fort Worth_102924_2022 Transportation Impact Fee Study_Form 1295 Certificate 101284573.pdf (CFW
Internal)
ORD.06AMEND TRANS IMPACT FEE STUDY AOFY24 (r2).docx (Public)
ORD.06AMEND TRANS IMPACT FEE STUDY AOFY24 (r3).docx (Public)