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Home My WebLink AboutContract 58164-A1R1CSC No. 58164-A1R1 FIRST AMENDMENT AND RENEWAL CITY SECRETARY CONTRACT NO. 58164 This Amendment and Renewal is executed by and between the City of Fort Worth (hereafter "City"), a home rule municipality, and CJ Hensch & Associates, Inc. (hereafter "Vendor"). City and Vendor are each individually referred to herein as a "Party" and collectively as the "Parties." WHEREAS, on September 27, 2022, the Parties entered into City Secretary Contract No. 58164 to provide traffic movement counts and field data collection services ("Agreement/Contract"); WHEREAS, the Parties wish to amend the Agreement to include additional state and federal compliance terms; WHEREAS, the Parties wish to amend the Agreement to replace Exhibit B, Price Schedule, with an updated Exhibit showing the new Price Schedule; WHEREAS, the Parties agree to renew the Agreement, as amended herein, for its first renewal term. NOW, THEREFORE, the Parties, acting herein by and through their duly authorized representatives, enter into the following agreement: I. AMENDMENTS TO AGREEMENT The following terms are hereby added to the Agreement and shall be binding and enforceable as if they were originally included therein. A. Section 11, "Compliance with Laws, Ordinances and Regulations" of the Agreement shall be amended to add a federal compliance provision and shall read as follows: 11. (a) Vendor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor shall immediately desist from and correct the violation. (b) FEDERAL COMPLIANCE: Vendor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, domestic preference and environmental compliance. Additionally, for work to be performed under the Agreement or subcontract thereof, including procurement of materials or leases of equipment, Vendor shall notify each potential subcontractor or supplier of the Vendor's federal compliance obligations. These may Include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88- First Amendment and Renewal to CSC 58164 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Agreement; (g) the requirements of any other nondiscrimination statute(s) which may apply to this Agreement; (h) applicable provisions of the Davis -Bacon Act under 40 USC § 3141 — 3148, and the Contract Work Hours and Safety Standards Act under 40 USC § 3701 — 3708; (i) applicable provisions of the Rights to Invention Made Under Contract or Agreement Act under 37 CFR Part 401; 0) applicable provisions of the Clean Air Act under 42 USC § 7401 — 7671, the Energy Federal Water Pollution Control Act 33 USC § 1251-1387, and the Energy Policy Conservation Act under 42 USC § 6201; (k) compliance with all Buy America requirements under 23 USC 313 and 23 CFR 635.410, which require a domestic manufacturing process for any steel or iron products; (1) Compliance with Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment under 2 CFR §200.216 and §200.471; (m) compliance with federal assistance programs under Executive Order 12549, Debarment and Suspension, which prohibit participation of debarred or suspended or otherwise excluded from or ineligible vendor or its suppliers using federal funds; (n) compliance with federal restriction on lobbying expenditures under 2 CFR 200 clauses: (o) consistent with Domestic preferences for procurements under 2 CFR §200.322, which provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States as appropriate and to the greatest extent practicable. B. Exhibit B of the Agreement shall be deleted in its entirety and replaced with an updated version of Exhibit B attached hereto and incorporated herein. IL RENEWAL The Agreement may be renewed by the mutual consent of the Parties for up to four (4) one-year renewal terms. The Parties hereby agree to renew this Agreement, as amended herein, for its first renewal term, which will begin immediately after the Expiration Date. First Amendment and Renewal to CSC 58164 All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. ACCEPTED AND AGREED: By: William Johnson (Se 1, 202310:25 CDT) Name: William Johnson Title: Assistant City Manager Date: APPROVAL RECOMMENDED: By: Lauren Prieur(Aug 24,202315:28 CDT) Name: Lauren Prieur Title: Director, Transportation & Public Works Department bQ F— 4.4f ATTEST: °�° dA d~° ° dvo I a=0 oo °° *� A Tns an4 nEXA?4dp By: Name: Jannette Goodall Title: City Secretary VENDOR: CJ Idens Asso late , By: Name: Roger Allen Title: Vice President Date: 8-23-23 First Amendment and Renewal to CSC 58164 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. /I/.�.,_. d-1- By: ".. Han(Aug24,202315:22 CDT) Name: Namoo Han Title: Professor Engineer, Transportation & Public Works Department APPROVED AS TO FORM AND LEGALITY: By: DBlack(Aug 27 CDT) Name: Douglas Black Title: Sr. Assistant City Attorney CONTRACT AUTHORIZATION: M&C: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit B Price Schedule First Amendment and Renewal to CSC 58164 Q Hen Associa Specializing in Traffic Data Collection Tabitha Giddings Tabitha Giddings 5001 James Avenue, Suite 301 Fort Worth , TX 76115 Account Number 3164 Quote Number 2023-00765 Issue Date 7/18/2023 Due Date 10/16/2023 �. 7/18/2023 Weekday Turning Movement Counts (TMC) 6 Hours 7/18/2023 Weekday Turning Movement Counts (TMC) 12 Hours 7/18/2023 Weekday Turning Movement Counts (TMC) 16 Hours 7/18/2023 Weekday Turning Movement Counts (TMC) 24 Hours 7/18/2023 Roundabout Weekday TMC 6 Hours 7/18/2023 Weekend TMC 4 Hours None 70 343.20 None 10 624.00 None 8 728.00 None 10 832.00 P 0 Box 5280 Pasadena, Texas 77508 5,824.00 8,320.00 None 3 728.00 2,184.00 None 15 312.00 4,680.00 7/18/2023 24-Hour Volume Approach Tube Count None 190 119.60 22,724.00 7/18/2023 24-Hour Volume Mid Block Bi-Directional Tube None 400 140.40 56,160.00 7/18/2023 Weekday Pedestrian Counts 5 Hours None 15 312.00 4,680.00 7/18/2023 24-Hour Speed/Volume Tube Count Location None 125 145.60 18,200.00 7/18/2023 Vehicle Classification None 10 145.60 1,456.00 Sub -Total: 8154,492.00 Total: 8 154,492.00 Balance Owing: 8154,492.00 Net90 QUOTE ONLY 4 % increase Page 1 of 1 FORT WORTH, Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: CJ Hensch & Associates, Inc. For: First Amendment & Renewal for Traffic Counts M&C: NA CPN: CSO: 58164 Date: To: Name Department Initials 1. Namoo Han TPW- Signature N 2. Anna Benavides TPW — Initials IA 3. Martin Phillips TPW- Initials 4. Lauren Prieur TPW- Signature 5. Douglas Black Legal- Signature d 6. William Johnson ACM- Signature w 7. Ronald Gonzales CSO — Initial R 8. Jannette Goodall CSO-Signature 7749- 9. Allison Tidwell CSO-Assign CSC a 10. Tabitha Giddings TPW-Admin 11. 10. DOC#: Date Out DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: []YES ®No RUSH: []YES ®No SAME DAY: []YES ®No NEXT DAY: ❑YES ®No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs