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Home My WebLink AboutContract 45865-A1 CONTRACT NO, �� I AMENDMENT No. l TO CITY SECRETARY CONTRACT No. 45865 WHEREAS, the City of Fort Worth (CITY) and Freese and Nichols, Inc. , (CONSULTANT) made and entered into City Secretary Contract No. 45865, (the CONTRACT) which was authorized by M&C C-26907 on the 5th day of August, 2014 in the amount of $500 , 000 . 00, which was administratively renewed on July 13 , 2015; and WHEREAS, it has become necessary to execute Amendment No. 1 to the CONTRACT to provide for revised contract capacity. NOW THEREFORE, CITY and CONSULTANT, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends the CONTRACT: 1 . Article II of the CONTRACT is amended to provide for an increase in the fee to be paid to Consultant for all work and services performed under the Contract, as amended, in the amount of $400, 000 . 00 so that the total fee paid by the City for all work and services shall be up to an amount of $900, 000. 00. 2 . Attachment. B of the CONTRACT is amended to include an administrative fee to be paid to the Consultant as indicated in the letter dated April 4, 2016 attached hereto. 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 last written by the City' s designated city manager. CITY SECRETARY City of Fort Worth FT. WORTH9 TX Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 Page 1 of 2 APPROVED: City of Fort Worth CONSULTANT Freese and Nichols, Inc. "/A Jay Chapa John war, P.E. Assistant City Manager Vice resident DATE : //O DATE : S ' Z 3 'al0 Cp APPROVAL RECOMMENDED: Doug Wi sig, P.E. Director, Transportation & Public Works Department APPROVED AS TO FORM AND LEGALITY: M&C: C 21116 Date : S74!�f/6 Douglas W. Black Zq ZJ/G- x/2980 Assistant City Attorney ATTEST: ®� �op 000 Mary J. e j � � City Secreta °Op°°ppp° OFFICIAL RECORD City of Fort Worth CITY SECRETARY Professional Services Agreement Amendment Template F-Ta WORTH, TX PMO Official Release 8/1/2012 Page 2 of 2 r FREESE Innovative approaches 0 Practical results MAICHOLS Outstanding service 4055 International Plaza,Suite 200 Fort Worth,Texas 76109 • 817-735-7300 • fax 817-735-7492 www.freese.com April 4, 2016 Mr. Roy Teal, P.E. Senior Professional Engineer Transportation and Public Works Department 1000 Throckmorton St. Fort Worth,Texas 76102 Re: Amendment Construction Inspection Services for Infrastructure Projects City Secretary Contract No. 45865 Dear Mr.Teal: This letter represents our request for supplemental authorization to provide additional construction inspection services for the reference project. The current cap on our agreement with the City in year two of the contract is$500,000. Because the City has been utilizing our inspection staff more than originally anticipated, we propose an increase of $400,000 which will raise the cap to$900,000. In addition, as agreed to between FNI and the City, FNI will charge an administrative fee in the amount of$10 per invoice to the City. We appreciate the opportunity to provide these additional services. Please do not hesitate to contact me if there are questions or comments. Sinc ely, Chris Jones, P , CCM Associate cc: John Dewar, Freese and Nichols John New, Freese and Nichols Jana Collier, Freese and Nichols Official site of tile.City of Fort Worth,Texas TORT IVORTI-I ITY CIOUNCIL AGENDA COUNCIL ACTION: Approved on 5/17/2016 DATE: 5/17/2016 REFERENCE**C-27716 LOG 20PROF SERV AGMT AMEND NO.1 NO.: NAME: FREESE AND NICHOLS-45865 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Amendment No. 1 in the Amount of$400,000.00 to City Secretary Contract No. 45865 a Professional Services Agreement with Freese and Nichols, Inc., for Construction Inspection Services Increasing the Agreement Amount Up to $900,000.00 Annually (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of Amendment No. 1 in the amount of $400,000.00 to City Secretary Contract No. 45865 a Professional Services Agreement with Freese and Nichols, Inc., for Construction Inspection Services increasing the agreement amount up to $900,000.00 annually. DISCUSSION: Mayor and Council Communication C-26907 authorized a contract with Freese and Nichols, Inc., to provide construction inspection services to the Transportation and Public Works Department. The contracted inspectors have been assigned to various projects city-wide as an augmentation to City staff in order to accommodate peak periods of construction. Due to an increased volume of construction activity across the City, it has become necessary to increase the number of contracted inspectors provided by Freese and Nichols, Inc., to support the additional demand for construction inspection services. Typically, fees paid by developers are used to fund these inspection services. The current contract amount of$500,000.00 annually is no longer sufficient to meet the needs described above. Staff is recommending an increase of$400,000.00 to the agreement bringing the total annual contract amount up to $900,000.00 to allow for additional construction inspection capacity. Freese and Nichols, Inc., has requested that it be allowed to charge an administrative fee of$10.00 per invoice to compensate for the increased volume of invoices generated under the city' s billing requirements. Staff concurs with this administrative fee, which will be charged as a part of the contract amount and is not in addition to it. Additional funding for the construction inspection services for City construction projects will be provided through various Capital Improvement Program Funds including the 2014 Bond Program. For the 2014 Bond Program, available resources within the General Fund will be used to provide interim financing for the expenditures associated with these projects until debt is issued. Once debt associated with the projects are sold, bond proceeds will reimburse the General fund, in accordance with the statement expressing official intent to reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 21241-05-2014). M/WBE Office: The M/WBE Office in conjunction with the Transportation and Public Works Department has determined that-Freese & Nichols, Inc., is in compliance with the City's Business Diversity Enterprise Ordinance on this project. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the funds are available in the current capital budgets, as appropriated, of the various Capital Improvement Programs on a project by project basis and that prior to an expenditure being made, each respective department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Roy Teal (7958) ATTACHMENTS Freese and Nichols Inc searchResults (26).pdf Freese Nichols Form 1295 Certificate 100049960.pdf CERTIFICATE OF INTERESTED PARTIES L -,)q'71 6G C FORM 1295 loll Complete Nos.i-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-42980 Freese and Nichols,Inc. Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/20/2016 being filed. City Of Fort Worth Date Acknowledg d: S//9 �!� 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the goods or services to be provided under the contract. 45865 Amd Construction Inspection Services for Infrastructure Projects City Contract No.45865 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary Payne,Jeff Dallas,TX United States X Haster,Thomas Fort Worth,TX United States X Nichols, Mike Austin,TX United States X Lemons, Ron Fort Worth,TX United States X Pence, Robert Fort Worth,TX United States X Gooch,Tom Fort Worth,TX United States X Herchert, Robert Fort Worth,TX United States X Hatley,Tricia Oklahoma City,OK United States X New,John San Antonio,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. KELLY JEAN SHIRWER t tNdwy Pubk C)0. STATE OF TIEW Signature of authorized agent of contracting business entity MY COWL Exp.Jan.08,2010 AFF T Sworn to and subscribed before me,by the said Barbara A.Nickerson this the 20th day of April 2016,to certify which,witness my hand and seal of office. 1��n-Vkj Kelly n Shriv r Nota Public ignat e f officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0,645