HomeMy WebLinkAboutContract 47884-A1 1+ 1a
CITY SECRETARY ' '
AMENDMENT No. 1 CONTRACT N0, �'� ��f�'I
caV cM o w TO CITY SECRETARY CONTRACT No. 47884
N W >. LJ_ A
syb the City of Fort Worth (CITY) and Kimley-Horn and
soci ` Inc. , (ENGINEER) made and entered into City Secretary
No. 47884, (the CONTRACT) which was authorized by M&C C-27758 on
the 7th day of June, 2016 in the amount of $ 950, 000. 00; and
WHEREAS, the CONTRACT involves engineering services for the
following project:
Certain Railroad, Street Light and Intersection Engineering and
Design Services for Transportation Improvements at Various
Locations; and
WHEREAS, it has become necessary to execute Amendment No. 1 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 a proposal dated May 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
$950, 000. 00. (See Attached Fund Identifier Sheet, Page -3-)
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 $1,900, 000. 00.
3 .
All other provisions of the Contract, which are not expressly
amended herein, shall remain in full force and effect.
EXECUTED and EFFECTIVE as of the date last written by a signatory,
below.
City of Fort Worth
Professional Services Agreement Amendment Template
PMO Official Release 8/1/2012 OFFICIAL RECORD
Page 1 of 3
CITY SECRETARY
FT.WORTH,TX
APPROVED:
City of Fort Worth ENGINEER
Kimley-Horn and Associates, Inc.
Jesus J. Chapa Scott R. Arnold, P.E.
Assistant City Manager Assistant Secretary
DATE: '/7 DATE:
A M RECOMMENDED:
Dougl W. Wiersig, .E.
Director, Transport tion and Public Works Department
APPROVED AS TO FORM AND LEGALITY: M&C: G Z$L yp
QNt2� Date: 5'® 16-/+
Douglas W. Black
IZ9s�
Assistant City Attorney
ATTEST:
Mary J. Kayser
City Secretary
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.
Llssette Acevedo, P.E. , PTOE
Senior Professional Engineer
City of Fort Worth OFFICIAL,RECORD
Professional Services Agreement Amendment Template CITCR�'1'ARY
PMO Official Release 8/1/2012
Page 2 of 3 FT-WORTaj TX
FUND IDENTIFIER SHEET
City Secretary No. 47884
Amendment No. 1
Department FID Amount
Total :
City of Fort Worth
Professional Services Agreement Amendment Template
PMO Official Release 8/1/2012
Page 3 of 3
Kimley>>Morn
May 17, 2017
Lissette Acevedo, P.E., PTOE
City of Fort Worth—Transportation and Public Works Department
200 Texas Street
Fort Worth, Texas 76102
Re: Amendment#1
CSN 47884 - Certain Railroad, Street Light and Intersection Engineering and Design
Services for Transportation Improvements at Various Locations
Dear Lissette:
Kimley-Horn and Associates, Inc. ("Kimley-Horn" or"Consultant") is pleased to submit this Amendment
#1 to the City of Fort Worth (City) to provide additional services to for certain railroad, street light and
intersection engineering and design Services for transportation improvements at various locations.
The following Scope of Services has been developed based on our discussions with the City.
Scope of Services
Please refer to Attachment A for the scope of services.
Schedule
We will provide our services in a mutually agreed upon schedule following Notice to Proceed from the
City.
Compensation
Compensation will be in accordance with the attached Attachment B.
Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client.
We appreciate the opportunity to provide these services to you. Please contact me if you have any
questions.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
�A �4-.""
By: Scott R. Arnold, P.E.
Project Manager, Assistant Secretary
Attachments: Attachment A and Attachment B
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ATTACHMENT "A"
Scope for Transportation Improvements Task Order Contract#1 —Amendment 1
The scope set forth herein defines the work to be performed by the ENGINEER in
completing the project. Both the CITY and ENGINEER have attempted to clearly define the
work to be performed and address the needs of the Project.
OBJECTIVE
The objective of the projects completed under the Task Order agreement is to improve
vehicular and pedestrian mobility and safety throughout the City for railroad, traffic signal,
streetlight, and intersection projects. Work under this agreement includes, but is not limited
to, project management, data collection, topographic survey, subsurface utility exploration
(SUE), right-of-way documentation, conceptual design, preliminary and final design, bidding,
and construction phase services for transportation improvements.
WORK TO BE PERFORMED
ENGINEER hereby agrees to perform planning, project management and design services
on a task order basis as may be requested by the CITY during the term of this
AGREEMENT for the following categories of public improvement projects:
1. Railroad improvements to upgrade crossings for establishing of quiet zones;
2. Railroad improvements to improve safety and capacity;
3. Traffic signal improvements; and
4. Intersection improvements to address safety and capacity issues.
Work under this agreement will be performed on a Work Order basis. The CITY will request
services for each Work Order. The ENGINEER shall prepare scope, fee and schedule as
necessary to perform the services requested for each Work Order within 10 working days of
the CITY's request.
Each Work Order shall include scope for services as Attachment "A". This scope will outline
tasks required to complete the Work Order. For each task the scope shall include a detailed
description of the task, outline any assumptions, and list the required deliverables.
Each Work Order shall include Attachment "B" detailing the compensation for the Work
Order. Compensation will be based upon hours agreed to by the CITY and the ENGINEER
for each Work Order. Compensation will be based on the Schedule of Rates in Attachment
"B" of this agreement. The fee will include an estimate of reimbursable expenses and sub-
consultant costs for each Work Order. Compensation for each Work Order shall be hourly,
not-to-exceed.
If the Work Order requires a schedule, a schedule shall be attached as Attachment "D".
Each Work Order shall include Attachment"E" to identify the project location.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 1 of 1
ATTACHMENT B
COMPENSATION
Transportation Improvements Task Order Contract#1 —Amendment#1
Time and Materials with Rate Schedule Project
I. Compensation
A. The ENGINEER shall be compensated in an hourly, not-to-exceed amount up to
$950,000 per contract term unless amended for personnel time, non-labor
expenses, and subcontract expenses in performing services enumerated in
Attachment A as follows:
i. Personnel Time. Personnel time shall be compensated based upon hours
worked directly in performing the PROJECT multiplied by the appropriate
Labor Category Rate for the ENGINEER's team member performing the
work.
Labor Category Rate as presented in the rate schedule table below is the rate
for each labor category performing the work and includes all direct salaries,
overhead, and profit.
Labor Category Rate
($/hour)
Project Director $230
Project Manager $205
Senior Project Engineer $175
RPLS $170
Project Engineer $155
EIT $125
CADD $100
Administrative $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 for each Work Order and will keep the City informed of
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 1 of 4
B-1
ATTACHMENT B
COMPENSATION
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.
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 of each Work Order.
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.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 2 of 4
B-2
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility Fee Amount %
Prime Consultant
Kimley-Horn and Project Management and o
Associates, Inc. Design Services $830,000 87.4/o
Proposed MBE/SBE Sub-Consultants
The Rios Group Subsurface Utility Engineering $25,000 2.6%
Gorrondona & Design Survey and Right-of o
Associates, Inc. Way $60,000 6.3/o
CMJ Engineering, Inc. Geotechnical $10,000 1.1%
Non-MBE/SBE Consultants
CTC Inc. Railroad diagnostic meetings $25,000 2.6%
and preemption systems
TOTAL $950,000 100.0%
Project Number & Name Total Fee MBE/SBE Fee MBE/SBE
/o
Transportation Improvements Task $950,000 $95,000 10%
Order Contract#1 —Amendment#1
City MBE/SBE Goal = 10% Consultant Committed Goal = 10%
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 3 of 4
B-3
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
To be included with each Work Order.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 4 of 4
B-4
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
TTY COUNCIL AGENDA FLIRT 1VORTH
REFERENCE ** 20TRANSPORTATION TASK
DATE: 5/16/2017 NO.: C-28240 LOG NAME: ORDER AMENDMENTS
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Amendment No. 1 for Each of Three City Secretary Contracts: City
Secretary Contact No. 46504 a Professional Services Agreement with VRX, Inc., City
Secretary Contract No. 47905, a Professional Services Agreement with Halff Associates,
and City Secretary Contract No. 47884, a Professional Service Agreement with Kimley-
Horn and Associates (2014 BOND PROGRAM) (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of Amendment No. 1 for each of the
following Professional Services Agreements as follows:
1. City Secretary Contract No. 46504 with VRX, Inc., for Engineering and Design Services for
sidewalk improvements at various locations in an amount up to $500,000.00 for a revised contract
amount not to exceed $1,000,000.00;
2. City Secretary Contract No. 47905 with Halff Associates, Inc., for Engineering and Design
Services for transportation improvements at various locations in an amount up to $750,000.00 for a
revised contract amount not to exceed $1,500,000.00; and
3. City Secretary Contract No. 47884 with Kimley-Horn and Associates, Inc., for Engineering and
Design Services for transportation improvements at various locations in an amount up to $950,000.00
for a revised contract amount not to exceed $1,900,000.00.
DISCUSSION:
The proposed Amendments to each contract will provide additional engineering and design services
to deliver the final phases of the 2014 Bond Program associated with sidewalks, railroad crossings
and traffic signal projects.
VRX, Inc., will provide additional engineering and design services for sidewalk projects, Halff
Associates, Inc., will provide additional engineering and design services for sidewalk and street
lighting projects, and Kimley-Horn and Associates, Inc., will provide additional engineering and design
services for railroad and traffic signal projects.
Authorizations provided with this Mayor and Council Communication will result in additional annual
operating impacts to the Transportation and Public Works Department's operating budget associated
with additional street lights and traffic signals.
Funding for these contracts will include proceeds from the 2014 Bond Funds. Available resources
within the General Fund will be used to provide interim financing for these expenditures until debt is
issued. Once debt associated with this project is sold, bond proceeds will reimbursement 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 and the subsequent actions authorizing the
approval of the issuance of public securities.
M/WBE Office—VRX, Inc., Halff Associates, Inc., and Kimley-Horn and Associates, Inc., are in
compliance with the City's BDE Ordinance by each committing to an additional 10 percent SBE
participation on their respective Amendment No. 1. The City's SBE goal on this Amendment is 10
percent. Additionally, VRX, Inc., is a certified M/WBE firm.
http://apps.foilworthtexas.gov/council_packethnc_review.asp?ID=24616&councildate=5/16/2017 5/17/2017
M&C Review Page 2 of 2
Task Orders will be located in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the various capital project funds on a
project by project basis and that prior to an expenditure being made, the 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 I ID Year (Chartfield 2)
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Douglas Wiersig (7801)
Additional Information Contact: Todd Estes (5448)
ATTACHMENTS
Form 1295 VRX.pdf
Halff Form 1295.pdf
Kimley Horn Form 1295.pdf
http://apps.foi-tworthtexas.gov/council_packet/inc_review.asp?ID-24616&councildate=5/16/2017 5/17/2017
CERTIFICATE OF INTERESTED PARTIES
FORM IL295
iofi
Complete Nos, 1-4 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. 2017-185199
Kimley-Horn and Associates, Inc,
Dallas,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 03/30/2017
being filed.
City of Fort Worth, Texas Date Acknowledged:
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 services,goods,or other property to be provided under the contract.
Transport Improv Task Order 41
Transportation Improvements Task Order Contract#1-Amendment 1
Nature of interest
4 Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Atz,John Dallas,TX United States X
Peed, Brooks Dallas, TX United States X
Schiller, Mike Dallas, TX United States X
Wilson, Mark Dallas,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.
i
"" � JESSICA OLIVAREZ
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=o�•N.e,,,',Nolary hubllc,Slate of Texas
Comm.Expires 02-04.2.019
Nolafy ID 130102832 Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the saidL.C t C� J�1�1�t-^H this the ✓v day of
20_ to certify which,witness my hand and seal of office.
Signature of officer administering oath.` Printed name of officer administering oath Title of officer admin'toring oath
Forms provided by Texas Ethics Commission www.elhics,state,tx.us Version V1.0.883