The URL can be used to link to this page

Home My WebLink AboutContract 56500-A1AMENDMENT No.l TO CITY SECRETARY CONTRACT No. 56500 WHEREAS, the City of Fort Worth (CITY) and Kimley-Horn and Associates, Inc., (ENGINEER) made and entered into City Secretary Contract No. 56500, (the CONTRACT) which was authorized by M&C 21-0697 on the 21st day of September, 2021 in the amount of $ $520,000; and WHEREAS, the CONTRACT involves engineering services for the following project: 2022 Transportation Impact Fee Study Update, CPN 103247; 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 proposal attached hereto and incorporated herein. The cost to City for the additional design services to be performed by Engineer totals $71,030.11. (See Attached Funding Breakdown Sheet, Page -4-) 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 $591,030.11. 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 subscribed by the City's designated Assistant City Manager. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas 2022 Transportation Impact Fee Study Update Prof Services Agreement Amendment Template 103247 Revision Date: November 23, 2021 Page 1 of 4 APPROVED: City of Fort Worth Dana Burghdoff (Feb 14, 20 10:01 CST Dana Burghdoff Assistant City Manager DATE: APPROVAL RECOMMENDED: DJ Harrell (Feb 13, 2023 09:06 CST) ENGINEER Kimley-Horn and Associates, Inc. Scott R. Arnold, P.E. Vice President DATE: D.J. Harrell Director, Development Services Department 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 fifer Ro�bc s (Feb 13, 2023 09:01 CST) Jennifer Roberts, P.E. Assistant Director, Development Services Department OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas 2022 T ansportation Impact Fee Study Update Prof Services Agreement Amendment Template 103247 Revision Date: November 23, 2021 Page 2 of 4 APPROVED AS TO FORM AND LEGALITY: Mack (Feb 13, 2023 20:50 CST) Douglas W. Black Sr. Assistant City Attorney Jannette Goodall City Secretary M&C: N/A Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Prof Services Agreement Amendment Template Revision Date: November 23, 2021 Page 3 of 4 2022 T ansportation Impact Fee Study Update 103247 FUNDING BREAKDOWN SHEET City Secretary No. 56500 Amendment No. 1 Department I Fund -Account -Center I Amount DSD 30100-0060419-4910100-103427-002310 $ 70,227.40 DSD 39008-0060419-5330500-103427-002310 $ 132.71 DSD 30108-0060419-5330500-103427-002310 $ 670.00 Total: $ 71,030.11 City of Fort Worth, Texas 2022 Transportation Impact Fee Study Update Prof Services Agreement Amendment Template 103247 Revision Date: November 23, 2021 Page 4 of 4 FORT WORTH:, ATTACHMENT "A" Transportation Impact Fee Study On -Call Support PROJECT UNDERSTANDING The goal of this project is to perform minor amendments to the existing Transportation Impact Fee Study dated October 25, 2022 as annexations occur. This scope of services will provide the CITY with professional services required by Chapter 395 of the Texas Local Government Code to amend the Land Use Assumptions, Capital Improvement Plan for Impact Fees, and the maximum transportation impact fee that may be assessed due to annexations on an as -needed basis when requested by the CITY. The ENGINEER will also assist the CITY at various presentations required during the public hearing and adoption process. SCOPE OF SERVICES If services beyond those defined in this scope are required, the Parties shall attempt to negotiate a written amendment to this Agreement. ENGINEER shall not proceed with work on any additional services prior to the Parties executing a written amendment. The Scope of Services consists the following primary tasks: Task 1 — Project Management and Coordination Task 2 — Annexation Amendments Task 3 — Impact Fee Program Administration Support Task 1 — Project Management and Coordination • The ENGINEER will prepare and submit monthly invoices, in accordance with Attachment B to this Standard Agreement, in the format requested by the CITY. • The ENGINEER will participate in meetings with CITY staff as requested. These meetings will be held on specific days and times as agreed to by the CITY. A maximum of three hours will be anticipated for each meeting and may include up to two members of the ENGINEER's team. The ENGINEER shall prepare meeting notes from each meeting. Task 2 — Annexation Amendments The ENGINEER will amend the Land Use Assumptions, Transportation Improvements Plan, and Maximum Assessable Impact Fee upon request from the CITY when annexations occur. The amendment(s) will apply only to the Transportation Impact Fee Service area where a change in the Service Area boundary, Land Use Assumptions, or Transportation Improvements Plan is anticipated. The ENGINEER will provide a PDF copy of the amended Transportation Impact Fee Study report including the amended Land Use Assumptions, Transportation Improvements Plan, and Maximum Assessable Fee. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 1 of 2 FORT WORTH • The ENGINEER will amend the Transportation Impact Fee Estimator once each time the Transportation Impact Fee is amended. Task 3 — Impact Fee Program Administration Support • The ENGINEER will assist in reviewing requests for Transportation Impact Fee Calculation Estimates as requested. The ENGINEER will prepare for and attend Capital Improvements Advisory Committee Meetings as requested. • The ENGINEER will prepare for and attend City Council meetings as requested. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Evaluations outside the city limits. • Additional meetings beyond those identified in the scope of services. • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. CITY of Fort Worth, Texas Page 2 of 2 Attachment A PMO Release Date: 02.06.2015 Page 2 of 2 ATTACHMENT B COMPENSATION Professional Services for Transportation Impact Fee Study On -Call Support City Project No. 103247 Time and Materials with Rate Schedule Project Compensation A. The ENGINEER shall be compensated in an hourly amount not -to -exceed $71,030.11 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 Senior Project Manager / Project Director $280 Senior Professional / Senior Project Engineer $260 Project Manager $220 Professional / Project Engineer $185 Analyst III / EIT III $165 Analyst II / EIT II $155 Analyst I / EIT 1 $150 Administrative $105 Intern $90 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. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 1 of 4 Is ATTACHMENT B COMPENSATION 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. 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. 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 Revised Date: 12/9/2022 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 Associates, Inc. Project Management, Impact Fee Analysis and Support $61,030.11 84.6% Proposed MBE/SBE Sub -Consultants Non-MBE/SBE Consultants Newgen Strategies & Solutions, LLC Financial Analysis $10,000.00 16.4% TOTAL $71,030.11 100% Project Number & Name Total Fee MWBE Fee MWBE % 103427 Transportation Impact $71,030.11 $0 o 0 /o Fee Study On -Call Support City MBE/SBE Goal = 0% Consultant Committed Goal = 0% City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 3 of 4 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 4 of 4 M to E E 7 cn W a MU Cm 010 N LL m O d a` O O Y aa5 d E Z d N T U 0 d -0. 'F U N r - X E O rLL dm d� �o U � a >, d - U � O > .O_ C > y w a` � c 2 a 0 N a a 0 0 � r C_ O J o a U dC C C d O O N ¢ate C _ O C 0 O o � E Q Q � C 4) O O `1 £ A �a a c i+ Q r L (% O j m � 01 - 0 U N O Q D L O m LL U Q C 0 O V. r O n m F 0 N �, c.acaao.a T T T T T N r r r r r r r N o : : : o mmmmom