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HomeMy WebLinkAboutContract 48050-A1 CITY SECRETARY, /� +nn CONTRACT NO. 4 �`SU" /1 I AMENDMENT No.1 TO CITY SECRETARY CONTRACT No. 48050 WHEREAS, the City of Fort Worth (CITY) and VRX, Inc. , (ENGINEER) made and entered into City Secretary Contract No. 48050, (the CONTRACT) which was authorized by M&C No. C-27780 on the 21 day of June, 2016 in the amount of $ 500, 000; and WHEREAS, the CONTRACT involves engineering services for the following project : Sidewalk 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 11 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 $500, 000. (See Attached Funding Breakdown 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 $1, 000, 000. 3 . All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. EXECUTED and EFFECTIVE as of the date last written by a signatory, below. City of Fort Worth /- Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 Pagel of3 OFFICIAL RECORD V3 CITY SECRETARY FT.WORTH,TX � Ote$ APPROVED: City of Fort Worth ENGINEER VRX, Inc. Jesus J. Chapa Nawal Ibrahim Assistant/City Manager President DATE: Y9 —4-5--,/ 7 DATE: 17 AP OVAL RECOMMENDED: Douglad W. Wiersig, P. Director, Transportati and Public Works Department APPROVED AS TO FORM AND LEGALITY: M&C: C- ? 2S/y Date : Doug s W. Black Assistant City Attorney od ATTEST: ary J. ser t �® City Secr tary �(qS City of Fort Worth Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 Page 2 of 3 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 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. J Clint Hoover,P. .,MBA Sr.Professional Engineer Title FUNDING BREAKDOWN SHEET City Secretary No. 48050 Amendment No. 1 Department Fund-Account-Center Amount TPW 500, 000 . 00 Total : 500, 000. 00 City of Fort Worth Professional Services Agreement Amendment Template PMO Official Release 8/1/2012 Page 3 of 3 cm VRX,INC. 420 THROCKMORTON,SUITE 200 FT WORTH,TX 76102 OFFICE:817.492.7060 June 2, 2017 Mr. Clint Hoover, P.E. Sr. Professional Engineer Transportation and Public Works City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Re: Sidewalk Improvements at Various Locations Engineering Amendment 1 Dear Mr. Hoover: Please accept this letter proposal for additional engineering services that are necessary to complete the Sidewalk Improvements at Various Locations project. Our proposal provides for additional sidewalk and pedestrian improvements, as requested. Payment for these additional engineering services will be on a time and materials with rate schedule basis in an amount not to exceed $500,000. The original contract amount for this project was $500,000. With approval of Engineering Amendment No.1 the contract amount will increase to$1,000,000. The original SBE fee for this project was $50,000 (10%). With approval of Engineering Amendment No.1 the SBE fee will increase to$100,000. The SBE goal for this project will remain 10%. Sincerely, VRX, Inc. &n King, P Project Manager Attachments: - Professional Services Agreement - Attachment A—Scope of Services - Attachment B —TM with rate Schedule ATTACHMENT "A" Scope for Engineering and Design Services for Sidewalk Improvements at Various Locations 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. OBJECTNE The objective of the projects completed under the Task Order agreement is to improve pedestrian connectivity and safety at selected project locations. Work under this agreement includes, but is not limited to, construction management, data collection, topographic survey, SUE, geotechnical investigation, right-of-way documentation and contract documents. WORK TO BE PERFORMED ENGINEER hereby agrees to perform pedestrian improvement professional services on a task order basis as may be requested by the CITY during the term of this AGREEMENT. Work under this agreement will be performed on a Work Authorization basis.The CITY will request services for each Work Authorization.The ENGINEER shall prepare scope,fee and schedule as necessary to perform the services requested for each Work Authorization within 10working days of the CITY's request. Each Work Authorization shall include scope for services as Attachment"A". This scope will outline tasks required to complete the Work Authorization. For each task the scope shall include a detailed description of the task,outline any assumptions and list the required deliverables. Each Work Authorization shall include Attachment "B"detailing the compensation for the Work Authorization.Compensation will be based upon hours agreed to by the CITY and the ENGINEER for each Work Authorization. Compensation will be based on the Schedule of Rates in Attachment "B"of this agreement. The fee will include an estimate of reimbursable and sub-consultant cost for each Work Authorization.Compensation for each Work Authorization shall be hourly not to exceed. If the Work Authorization requires a schedule it shall be attached as Attachment "D". Each Work Authorization shall include Attachment "E"identify the project location. JOBSITE SAFETY Neither the professional activities of the Engineer, nor the presence of the Engineer or its sub consultants at a construction/ project site, shall impose any duty on the Engineer, nor relieve the Contractor of its obligations, including, but not limited to, construction means or procedures necessary for performing the Work in accordance with the Task Order and any health or safety precautions required by any regulatory agencies. The Engineer has no authority to exercise any control over any construction contractor or its employees in connection with their work or any health or safety programs or procedures. City of Fort Worth,Texas Attachment A PMO Release Date:0723.2012 Page lof 1 ATTACHMENT B COMPENSATION Engineering and Design Services for Sidewalk Improvements at Various Locations City Project No. 100749 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) Project Manager $183.75 Senior Structural Engineer $203.32 Project Engineer $146.82 Engineer-in-Training $105.99 Construction Inspector/Field Tech III $105.98 Senior CADD Technician $89.17 Admin/Clerical $67.94 Construction Inspector/Field Tech 1 $65.33 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. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09 2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION 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. Ill. 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 FirmPrimary Fee Amount 0/(0 -- Responsibility Prime Consultant VRX, Inc. Professional $450,000 90% Services Proposed MBE/SBE Sub-Consultants M/WBE Survey, Geotech, $50,000 10% ROW Services, SUE, etc. Non-MBE/SBE Consultants ----------- TOTAL $500,000 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE Pedestrian Improvement Professional $500,000 $50,000 10% Services 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) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. 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 ITY COUNCIL AGENDA FoRTIVORT11 COUNCIL ACTION: Approved on 5/16/2017 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. 46564 48050 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. 46594 48050 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 http://apps.cfwnet.org/council_packet/mc review.asp?ID=24616&councildate=5/16/2017 6/9/2017 M&C Review Page 2 of 2 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. 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 ID Year (Cha rtfield 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.cfwnet.org/council_packet/mc review.asp?ID=24616&councildate=5/16/2017 6/9/2017 C-28240 C CERTIFICATE OF INTERESTED PARTIES FORM 3.295 loll Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,acid 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 Fart Worth,Texas Date Ac,kno ledged: 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#1 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) losure is true and correct. o""r',, JESSICA OLIVARE7. tir«v ribs, _ ,2,• S1,1011 cny Public,sloto of I xxas Comm.Expires 02-01-2019 %aFP►``+�' Nolary ID 130102832 Signature of authorized agent' f contracting business entity fill AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said this the '�D day of 20to certify which,witness my hand and seal of office, Signature of officer administerin oath Printed name of officer administering oath Title of officer admin g@ ing oath Form provided by Texas Ethics Commission www.ethics.stale.tx.us ersion V1.0.883