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HomeMy WebLinkAboutContract 47845-A3 M $g CO 1011 r2 i CITY SECRETARY ,,���� /J a RECEIVED T CONTRACT NO. 7v- n 3 M VEp j AMENDMEN No.3 CV JAN 292018 N CI71YOFFORT� co TO CITY SECRETARY CONTRACT No. 47845 � L CIIYSECREI RyIf WHEREAS, the City of Fort Worth (CITY) and Pacheco Koch Consulting Engineering, Inc. (ENGINEER) made and entered into City Secretary Contract No. 47845, (the CONTRACT) which was administratively authorized on the 3rd day of June , 2016 in the amount of $27, 100 . 00; and Whereas, the CONTRACT was amended on December 21, 2016 in the amount of $9, 000; and WHEREAS, the CONTRACT was amended on November 17, 2017 in the amount of $54, 800 . 00 WHEREAS, the CONTRACT involves engineering services for the following project: Bunche Park; and WHEREAS, it has become necessary to execute Amendment No. 3 to the CONTRACT to add additional terms to the scope of design for construction for a revised fee. NOW THEREFORE, CITY and ENGINEER, acting herein by and through their duly authorized representatives, enter into the following agreement, including Attachment "A", which amends the CONTRACT: 1. Article I of the CONTRACT is amended to include the additional engineering services specified in a proposal dated November 17, 2017, a copy of which is attached hereto and incorporated herein. The cost to City for the additional design services to be performed by Engineer totals $1,500. 00. (See Attached Funding Breakdown Sheet) 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 $92,400. 00. 3. City of Fort Worth Professional Services Agreement Amendment Template OFFICIAL RECORD PMO Official Release 8/1/2012 Page 1 of 7 CITY SECRETARY FT.WORTH,TX The contract is further amended to include the attached language pertaining to non-discriminatory practices, certification regarding lobbying and parts of Section 3 of the Housing and Urban Development Act of 1968 which amends the Agreement and which are also to be applied to the bidding documents for construction. 4 . 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 Pacheco Koch Consulting 5Q A�EngJ nc.—,, CLG�� - tusat!z'tant Alanis Mark Pacheco, PE, RPLS. City Manager President DATE: ( DATE: I?I1"FJ2-01e APPROVAL DE : Ric4 rd Zavala Dire tor, Park and Recreation Department APPROVED AS TO FORM AND LEGALITY: M&C:�5 Date: Douglas W. Black Assistant City Attorney ATTEST: :2 M ry J. y e { City of Fort Worth .... ... OFFICIAL RECORD Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 .2. CITY SECRETARY Page 2 of 7 FT.WORTHS TX City Secretary City of Fort Worth Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 Page 3 of 7 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. 10 00 &4,,0xm Project Manager Name of Employee 1/29/2018 City of Fort Worth Professional Service Agreement Amendment Template PMO Official Release 8/1/2018 FUNDING BREAKDOWN SHEET City Secretary No. Amendment No. Department Fund-Account-Center Amount 08 21001 0800450 5740010 100621 991914 $1, 500 . 00 Total : $1, 500 . 00 City of Fort Worth Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 Page 4 of 7 4Pacheco Koch November 17, 2017 PK:3570-16.290 Mr.Cornell Gordon Project Manager CITY OF FORT WORTH 4200 S. Freeway, Suite 2200 Fort Worth,Texas Re: Additional Services BUNCHE PARK MASTER PLAN Data Collection and Hydrologic Assessment Fort Worth, Tarrant County, Texas Dear Mr. Gordon: As you are aware, Pacheco Koch Consulting Engineers, Inc. has been requested to provide services on the referenced site that we believe are outside the Scope of Work of our initial proposal dated June 3, 2016, and subsequent additional services proposals as applicable. These services are as follows: HYDROLOGIC ASSESSMENT: Pacheco Koch will develop a hydrologic model for the Wildcat Branch watershed upstream of Fitzhugh Avenue.The hydrologic model will include analysis of pre-project and post-project site conditions to determine peak discharges for the 1-, 5-, and 100-year storm events as required by the City. Supporting technical data will be provided to document the procedures and findings of our analysis. Included in this item: ■ Time of concentration calculations and schematic. ■ Comparison of hydrographs (site and downstream confluence). ■ Technical Documentation ■ Develop HEC-HMS model We propose that the fee for our current contract be increased $1,500.00 to cover personnel expenses involved in these changes. Terms and conditions shall be the same as per our original agreement. If this request is acceptable to you as presented, please sign where indicated below and return to our office for our mutual agreement. If you have any questions or need any additional information, please call me at your earliest convenience. Sincerely, Nic olas G. Nelson, RLA, LEED®AP ArEPTtD BY: CITY OF FORT WORTH+ J20 L7 SIGNATURE D E_0'."' a -2.0 PRINTED NAME AND TITLE NGN/kh 3570-16.290_Add Serve3Rl 6100 Western Place ■ Suite 1001 Fort Worth,TX 76107-4654 ■ T:817.412.7155 ■ F:817.412.7156 ■ pkce.com Attachment "A" to Amendment No. 3 to City Secretary Contract No. 47845 • As applicable, Engineer will comply with City and Federal conflict of interest policies and regulations, including but not limited to the requirements of 24 CFR part 200.318(c)(1). Engineer may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. • Engineer shall not award any contract or subcontract to a party listed on the government- wide exclusions in the System for Award Management, www.sam.gov ("SAM"). Engineer must confirm by search of SAM that all contractors, subcontractors or vendors are not listed as being debarred, both prior to hiring and prior to submitting an invoice for payment. • Engineer shall submit the attached Exhibit "L" — MBE Reporting Form to City annually detailing Engineer's efforts to sub-contract with disadvantaged business enterprises, small business enterprises, minority business enterprises, and women's business enterprises where possible. • Engineer agrees that the City of Fort Worth has the right to inspect and approve in writing any proposed contracts with subcontractors, including any lower tier subcontractors engaged for the Project. • Engineer shall comply with all non-discrimination requirements at 24 CFR 570.607 and ordinances codified at Chapter 17, Article III, Division 3 — Employment Practices and Division 4—Fair Housing of the City Code. Engineer hereby agrees not to discriminate against any person, employee or applicant for employment because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression, or transgender, nor will Engineer permit its officers, members, agents, employees, vendors, or project participants to engage in such discrimination. • All accessibility improvements must meet standards set by the ADA, Section 504 of the Rehabilitation Act of 1973, 24 CFR Part 8 of the HUD regulations, and any corresponding federal, state or local laws, regulations or ordinances regarding accessibility of public facilities. City of Fort Worth Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 Page 1 of Attachment"A"to Amendment No. 3 to CSC 47845 • Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. City of Fort Worth Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 Page 2 of Attachment"A"to Amendment No. 3 to CSC 47845 Exhibit "L" — MBE Reporting Form (HUD2516) Excel spreadsheet to be provided. This form must be completed and returned to the Neighborhood Services Department of the City of Fort Worth by Engineer after all engineering work is completed but no later than October 5,2018. ❑ F y City of Fort Worth Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 Page 3 of Attachment"A"to Amendment No.3 to CSC 47845 ADDITIONAL TERMS Requirement that Law Be Quoted in Covered Contracts. - Certain Requirements Pertaining to Section 3 of the Housing and Urban Development Act of 1968 as Amended (12 U.S.C. Sections 1701 et seq.) and its Related Regulations at 24 CFR Part 135 If the construction of the Required Improvements will cause the creation of new employment, training, or contracting opportunities on a contractor or subcontractor level resulting from the expenditure of the CDBG Funds, Developer shall comply with the following and will ensure that its contractors also comply. If the work performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause, shown in italics, be inserted in all covered contracts ("Section 3 Clause") : Section to be quoted in covered contracts begins: "A. The work to be performed under this contract is subject to the requirements of Section 3 of Housing and Urban Development Act of 1968, as amended, 12 U.S.C. section 170lu (Section 3) . The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assisted or HUD-assisted programs covered by Section 3, shall to the greatest extent feasible, be directed to low- and very-low income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representatives of the contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprentice and training positions, the qualifications for each; and the name and location of the person (s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees that it will include this Section 3 clause in every subcontract to comply with regulation in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled: (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 14 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135. F. Noncompliance with HUD's regulation in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination City of Fort Worth Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 Page 5 of 7 and Education Assistance Act (25 U.S. C. section 45Oe) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b) . " Section to be quoted in covered contracts ends. No Discrimination in Employment during the Performance of this Contract. During the performance of this Contract, Developer agrees to the following provision, and will require for the construction of the Required Improvements that its contractors, subcontractors, and vendors also comply with such provision by including it in all contracts with its contractors, subcontractors, or vendors: [Contractor's, Subcontractor's or Vendor's Name] will not unlawfully discriminate against any employee or applicants for employment because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. [Contractor's, Subcontractor's or Vendor's Name] will take affirmative action to ensure that applicants are hired without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender and that employees are treated fairly during employment without regard to their race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. [Contractor's, Subcontractor's or Vendor's Name] agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. [Contractor's, Subcontractor's or Vendor's Name] will, in all solicitations or advertisements for employees placed by or on behalf of [Contractor's, Subcontractor's or Vendor's Name] , state that all qualified applicants will receive consideration for employment without regard to race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression or transgender. [Contractor's, Subcontractor's or Vendor's Name] covenants that neither it nor any of its officers, members, agents, employees, or contractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age or because of any disability or perceived disability, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. [Contractor's, Subcontractor's or Vendor's Name] further covenants that neither it nor its officers, members, agents, employees, contractors, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Certification Regarding Lobbying. The undersigned representative of Developer hereby certifies, to the best of his or her knowledge and belief, that: City of Fort Worth Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 Page 6 of 7 No Federal appropriated funds have been paid or will be paid, by or on behalf of Developer, to any person for influencing or attempting to influence an officer or employee of any Developer, a member of Congress, an officer or employee of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Developer, member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, Developer shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certificate is a prerequisite for making or entering into this Contract imposed by 31 U.S.C. Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000. 00 and not more than $100,000. 00 for each such failure. Developer shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of federal funds. 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