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HomeMy WebLinkAboutContract 48836-R2 CITY SECRETARY CONTRACT N0. J J�3e-&2 CITY OF FORT WORTH SECOND RENEWAL OF AGREEMENT WHEREAS, this Second Renewal of Agreement ("Renewal") is between the City of Fort Worth, ("CITY"), and Freese and Nichols, Inc., ("CONSULTANT"); and WHEREAS, CITY and CONSULTANT desire to renew the Original Agreement (City Secretary#48836) as renewed and amended; and WHEREAS, the Agreement was approved by M&C C-28098 (February 7, 2017), for the Project generally described as: Construction Inspection Services for Various City Construction Projects; and WHEREAS,the Agreement was renewed and amended administratively on April 17, 2018 (CSC 48836-R1); and WHEREAS, the Agreement was amended on February 25, 2019 to add funds for the Project(CSC 48836-A2,M&C G-19445) for a revised contract capacity of$1,400,000; and WHEREAS, the Agreement, as renewed and amended, is expiring by its terms and the parties desire to renew the Agreement for the second and final time; and WHEREAS, under the terms of the Agreement, an increased rate schedule, Attachment B,* is being implemented for this renewal (*there is no Attachment A hereto); NOW, THEREFORE, it is agreed by the CITY and CONSULTANT as follows: Article I The Scope of Services as set forth in the Original Agreement remains unchanged. Article II The CONSULTANT's compensation for this Renewal shall be $1,400,000.00. Article III The CONSULTANT'S hourly labor rates shall be increased by two percent as shown on Attachment B, attached hereto and incorporated into the Agreement. Article IV s RECEIVED The Agreement shall be renewed for an additional year from its effective date. MAR 2 6 2019 MY OF FORT WORTH CITYSECRETARY OFFICIAL RECORD Second Renewal of Agreement CITY SFQWARY FNI-Construction Inspection Servicer for Infrastructure Projects FT. iNORTI I, TX Article V All other provisions of the Original Agreement not expressly amended herein, shall remain in full force and effect. EXECUTED and EFFECTIVE as of the date subscribed by the City's designated City Manager. APPROVED: City o ..fort Worth Freese d Nichols, Inc. S Alanis Robert F. Pence, P.E. Assistant City Manager Chairman of the Board DATE: DATE: ! APPROVAL RECO MENDED: Steve coke Interim Director,Transportation/Public Works Department APPROVED AS TO FORM AND LEGALITY: M&C: L- Wo 72 Oak—, Date: Z o ! Douglas W. Black Assistant City Attorney ATTE �� F©P T ary . Kayser City Secretary AS OFFICIAL RECORD Second Renewal of Agreement CITY 9167CC'1"ARY FNI-Construction Inspection Services for Infrastructure Projects F'. 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 ri-ni6ri- vents. oy Tea Construction Manager FFT. L,kECOk CRETARY Second Renewal of Agreement eearof 3�.+�FNI-Construction Inspection Servicesfor Infrastructure Projects ��1� 1 A Construction Inspection Services for Infrastructure Projects Time with Rate Schedule I. Compensation A. The CONSULTANT shall be compensated up to $1,400,000.00 for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the CONSULTANT's team member performing the work. Labor CategorVRate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category Rate ($/hour)* Construction Inspector 1 (<5 yrs exp) $72.83 Construction Inspector 11 5 — 10 yrs ex $83.23 Construction Inspector III (> 10 yrs exp) $93.64 * Hourly Labor Rate may be adjusted annually with each renewal in an amount not to exceed the percentage Construction Cost Index as published by Engineering News- Record. The November 2016 Construction Cost Index of 10442 shall be used as the base index when determining the annual percentage adjustment for the twelve (12) months following the Effective Date. The CONSULTANT shall notify the City of Fort Worth in writing before each renewal during the term of this Agreement the CONSULTANT's projected annual increase in the Hourly Rates. 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 Renewal No.2 Attachment B Page 1 of 2 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 CONSULTANT plus a markup of ten percent (10%). iv. Budgets. CONSULTANT 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. CONSULTANT is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay CONSULTANT beyond these limits. If CONSULTANT 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 CONSULTANT 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, CONSULTANT'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 CONSULTANT shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The CONSULTANT 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 CONSULTANT, based on the actual hours and costs expended by the CONSULTANT 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 CONSULTANT. C. Payment of invoices will be subject to certification by the City that such work has been performed. Renewal No.2 Attachment B Page 2 of 2