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Home My WebLink AboutContract 58643-A2CSC No. 58643-A2 AMENDMENT No.2 TO CITY SECRETARY CONTRACT No. 58643 WHEREAS, the City of Fort Worth (CITY) and Kimley-Horn and Associates, Inc., (ENGINEER) made and entered into City Secretary Contract No. 58643, (the CONTRACT) which was administratively authorized on the 20th day of December, 2022 in the amount of $80,000.00; and WHEREAS, the CONTRACT was subsequently revised by: Amendment Number 1 in the amount of $18,000.00 which was administratively on June 15, 2023; and WHEREAS, the CONTRACT involves engineering services for the following project: Staff Extension Services in Managing Transportation and Public Works Arterials and Mobility Infrastructure Capital Projects; and WHEREAS, it has become necessary to execute Amendment No. 2 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 $47,000.00. 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 $145,000.00. OFFICIAL RECORD CITY SECRETARY 3. FT. WORTH, TX 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. City of Fort Worth, Texas Staff Extension Services in Managing Transportation Prof Services Agreement Amendment Template and Public Works Arterials and Mobility Infrastructure Capital Projects Revision Date: November 23, 2021 Page 1 of 4 APPROVED: City of Fort Worth William Johnson (0 17, 2023 20:00 CDT) William M. Johnson Assistant City Manager DATE: OCt 17, 2023 ENGINEER Kimleypp-Horn and Associates, F. 4*,P?j Scott R. Arnold Vice President DATE: July 18, 2023 APPROVAL RECOMMENDED: Lauren L. Prieur, P.E. Director, Transportation and Public Works Department Contract Compliance Manager: Inc. 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. Chad Allen, P.E. Engineering Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Staff Extension Services in Managing Transportation Prof Services Agreement Amendment Template and Public Works Arterials and Mobility Infrastructure Capital Projects Revision Date: November 23, 2021 Page 2 of 4 APPROVED AS TO FORM AND LEGALITY: M&C: Date: DBlack (Oct 17, 202319:54 CDT) Douglas W. Black Sr. Assistant City Attorney gp4vvopL p0� FO lolo ATTEST: oho°°9�� osg opa,�o o � J'Rs da Jo A5o4p �nna000 Jannette Goodall City Secretary 23-0807 09-26-2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Staff Extension Services in Managing Transportation Prof Services Agreement Amendment Template and Public Works Arterials and Mobility Infrastructure Capital Projects Revision Date: November 23, 2021 Page 3 of 4 Kimley»)Horn July 18, 2023 Chad Allen, P.E. Transportation and Public Works City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Re: Amendment #2 — Staff Extension Services in Managing Transportation and Public Works Arterials and Mobility Infrastructure Capital Projects City Secretary Contract No. 58643 Dear Chad Kimley-Horn and Associates, Inc. ("ENGINEER") is pleased to submit Amendment #2 in the amount of $47,000 to the City of Fort Worth (CITY) for the Staff Extension Services in Managing Transportation and Public Works Arterials and Mobility Infrastructure Capital Projects. This amendment is to cover additional services beyond the original scope, which are identified in Attachment A. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, KIMLEY-HORN ANDASSOCIATES, INC. �Wd f By: Scott R. Arnold, P.E. Vice President FORT WORTH. ATTACHMENT "A" Scope for Enaineerina Desian Related Services for Arterial Improvements Amendment 2 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 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. Under this scope, "ENGINEER" is expanded to include any sub -consultant, including surveyor, employed, or contracted by the ENGINEER. WORK TO BE PERFORMED Task 1. Assist in Procurement of Design Consultants Task 2. Manage Project Design Process Task 3. Manage Right of Way Acquisition Process Task 4. Manage Utility Relocation Process Task 5. Manage Project Construction Process Task 6. Close Project Basic Assumptions • This scope assumes these services will be required by the CITY for approximately 240 hours of effort per project manager. The contract assumes 1 Project Manager. • The CITY will make available needed information on existing and proposed projects in a timely manner. The presence or duties of ENGINEER's personnel at the construction site, whether as onsite representatives or otherwise, do not make ENGINEER or ENGINEER's personnel in any way responsible for those duties that belong to CITY's inspection staff and/or the construction contractors or other entities and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, job site safety, means, techniques, sequences, and procedures necessary or coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. The task effort and deliverables outlined under the Scope are subject to change based on CITY needs and processes. The effort and deliverables are not limited to the items listed for each task. City of Fort Worth, Texas Staff Extension Services in Managing Transportation and Attachment A Public Works Arterials and Mobility Infrastructure Capital Projects Release Date: 07.22.2021 Page 1 of 5 FORT WORTH. TASK 1. Assist in Procurement of Design Consultants Description of Work: • Become familiar with the project, available funding, and schedule • Review consultant scope, schedule, and fee • Negotiate with the consultant to obtain the appropriate level of scope • Obtain M/WBE goal for contract • Prepare the Mayor and Council communication (M&C) • Review the final contract for completeness • Issue Notice to Proceed • Maintain documentation of the above process Deliverables: • Recommendation of consultant scope and fee • M/WBE or SBE project goal and Contract Compliance Memorandum • M&C for consultant contract • Executed contract • Documentation of the above maintained in hard copy form and electronic form on the City's BIM 360 site. TASK 2. Manage Project Design Process Description of Work: • Act as the City's primary point of contact • Work with City staff to develop project charters, communication plans, stakeholder registers, and total project budget estimates (TPBE) • Coordinate with the consultant and City project control staff to develop a baseline schedule • Charter the project team • Schedule meetings as needed with City staff from all departments • Attend weekly staff meeting with the program manager, City PMs, CPMs and administrative staff • Obtain and review monthly consultant project status reports (PSR), risk registers (RR) and schedules. Report project status to the program manager • Track projects' progress in the City's PM/Program Manager dashboard • Update the City's overall project schedule as needed • Review invoices for reasonableness, accuracy, and appropriate charges • Review consultant submittals at 30%, 60%, 90%, and 100% design phases for completeness, constructability, conformance with the City policies and standards including MTP, Transportation Design Manual, Complete Streets Policy, ATP and Access Management policy, Storm Water Management Design Manual and other City design standards • Schedule and lead review meetings of the consultant design submittals with the City's technical review team members of every discipline. Coordinate reviews as needed with other City departments such as Water and Parks. • Coordinate and conduct a public meeting at the 30% design stage • Schedule project site visits as necessary • Coordinate a construability review at the 60% design stage City of Fort Worth, Texas Page 2 of 5 Attachment A Staff Extension Services in Managing Transportation and Release Date: 07.22.2021 Public Works Arterials and Mobility Infrastructure Capital Projects Page 2 of 5 FORT WORTH. • Proactively manage change on the project. • Manage and coordinate all aspects of interlocal agreements with other agencies and federally funded projects as stated in the LGPP manual Deliverables: • Monthly status reports (PSR, RR) • Charters, Communication Plans, Stakeholder Registers, TPBE • Recommendation of invoice payment • Design review comments • Budget reviews and updates • Schedule updates • Recommendation of amendment scope and fee • Documentation of the above and other project activities, decisions, and milestones TASK 3. Manage Right of Way Acquisition Process Description of Work: • Act as task manager for the City's group staff and acquisition consultants, if used. Be the primary point of contact with Real Property for the consultant and acquisition consultants • Review easement/ ROW and property acquisition documents against the requirements of the design for appropriateness and accuracy • Coordinate with Real Property so appraisals are completed in a timely manner. Review appraisals for completeness • Coordinate with the City's Legal Department on Eminent Domain issues • Review Real Property project tracking spreadsheet with estimated easement/ ROW costs • Review final Right of way acquisition cost and update budget accordingly Deliverables: • Easement/ ROW/property acquisition review comments • Appraisal review comments • Acquisition M&C review comments • Budget reviews and updates • Documentation of the above and other project activities, decisions and milestones maintained in hard copy form and electronic form on the City's BIM 360 site TASK 4. Manage Utility Relocation Process Description of Work: • Ensure appropriate Level of Subsurface Utility Engineering (SUE) is being conducted by the consultant • Review consultant SUE plan sheets for conformance to the SUE Quality Level scoped City of Fort Worth, Texas Page 3 of 5 Attachment A Staff Extension Services in Managing Transportation and Release Date: 07.22.2021 Public Works Arterials and Mobility Infrastructure Capital Projects Page 3 of 5 FORT WORTH. • Coordinate with the consultant to identify options that minimize utility conflicts • Submit plans to the City's Utility Coordinator • Coordinate with the City's Utility Coordinator for utility relocations • Prepare M&Cs if necessary to fund utility relocations and update the budget Deliverables: • SUE plan sheet review comments • M&C for utility relocation costs • Executed Discretionary Service Agreements (if applicable) • Budget reviews and updates • Documentation of the above and other project activities, decisions and milestones maintained in hard copy form and electronic form on the City's BIM 360 site TASK 5. Manage Project Construction Process Description of Work: • Obtain M/WBE or SBE construction project goal • Review consultant prepared Notice to Bidders and Comprehensive Notice to Bidders for accuracy and advertise the project • Lead pre -bid meeting • Coordinate with Designer to provide responses to contractor' s questions and issue addenda • Attend Bid Opening • Review consultants bid tab summary for completeness and accuracy • Review contractor' s bid package for conformance with the contract requirements • Recommend successful bidder for contract award • Prepare M&C for authorization to award contract • Coordinate routing of contract books with contract coordinator • Coordinate Grading Permit through Development Services and Storm Water Pollution Prevention Plan with Environmental Department • Issue the Notice to Proceed • Act as the main of point of contact between the contractor, inspector and consultant and exercise authority over project decisions • Coordinate and lead pre -construction meeting with Construction Services • Coordinate and conduct a public meeting prior to start of construction • Coordinate with the design consultant on responses to Request for Information (RFI) and construction submittal reviews. Maintain hard copies of these documents on the City's document management system (BIM 360) • Coordinate site visits with the inspector and consultant as appropriate • Ensure contractor and inspector are maintaining as -built mark- ups • Review contractor and consultant invoices for reasonableness, accuracy, and appropriate charges • Proactively manage change on the project (Coordinate RFI responses and processing of change orders and construction allowances) Deliverables: City of Fort Worth, Texas Page 4 of 5 Attachment A Staff Extension Services in Managing Transportation and Release Date: 07.22.2021 Public Works Arterials and Mobility Infrastructure Capital Projects Page 4 of 5 FORT WORTH. • Advertisement • Addenda (if applicable) • Recommendation to award contract • M&C for construction contract • Notice to proceed • Budget reviews and updates • Recommendation for change order or construction allowance approval • M&C for change order • Documentation of the above and other project activities, decisions and milestones maintained in hard copy form and electronic form on the City's BIM 360 site. TASK 6. Close Project Description of Work: • Once the improvements are completed and the assets are in service and construction is deemed complete, initiate the project close out process and coordinate with the inspector and consultant • Coordinate and attend a final walk through with the consultant, inspector, and contractor • Ensure final punch list is issued by the inspector and completed by the contractor • Coordinate completion of Record Drawings and deliver to the City's record storage the "vault") in electronic form • Review consultant and contractor final invoices for reasonableness, accuracy and appropriate charges • Prepare and route reconciliation change order • Recommend final project closure and complete the CITY's "green" sheet • Close design contract with the processing of "yellow" or "blue sheet" • Coordinate with business support partner to issue, update and submit Capitalization Form for In Service Assets to Financial Management Services • Verify that all necessary documentation is uploaded on BIM 360 according to the document audit checklist Deliverables: • Final punch list • Record drawings • Recommendation of final invoice payment • Expenditure and budget reconciliation • Final closure recommendation "green sheet" • Yellow or blue sheets Documentation of the above and other project activities, decisions and milestones maintained in hard copy form and electronic form on the City's BIM 360 site. City of Fort Worth, Texas Page 5 of 5 Attachment A Staff Extension Services in Managing Transportation and Release Date: 07.22.2021 Public Works Arterials and Mobility Infrastructure Capital Projects Page 5 of 5 ATTACHMENT B COMPENSATION Design Services for Staff Extension Services in Managing Transportation and Public Works Arterials and Mobility Infrastructure Capital Projects Amendment 2 Time and Materials with Rate Schedule Project 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: Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Cateaory Rate for the ENGINEER's team member performing the work. Labor Cateaory 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 Professional/Project Engineer $185 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. 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. City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 1 of 4 Staff Extension Services in Managing Transportation and Public Works Arterials and Mobility Infrastructure Capital Projects CPN 103309 AM ATTACHMENT B COMPENSATION 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. 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 Staff Extension Services in Managing Transportation and Public Works Arterials and Mobility Infrastructure Capital Projects CPN 103309 AM ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Prime Consultant Kimley-Horn and Project management Services Associates, Inc. Proposed MBE/SBE Sub -Consultants Non-MBE/SBE Consultants Project Number & Name Staff Extension Services in Managing Transportation and Public Works Arterials and mobility Infrastructure Capital Projects City MBE/SBE Goal = 0% City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 3 of 4 TOTAL Total Fee $47,000.00 Fee Amount $47,000.00 100% $47,000.00 100% MBE/SBE Fee MBE/SBE $0.00 0% Consultant Committed Goal = 0% Staff Extension Services in Managing Transportation and Public Works Arterials and Mobility Infrastructure Capital Projects CPN 103309 B-3 M&C Review Page 1 of 2 0 Official site of the City of Fort Worth, Texas CITY COUNCIL AGEND FORTWORTH Create New From This M&C REFERENCE **M&C 23- 20KIMLEY HORN STAFF DATE: 9/26/2023 NO.: 0807 LOG NAME: EXTENSION FOR TPW AMENDMENT 2 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of Amendment Number 2, in the Amount of $47,000.00, to a Professional Services Agreement with Kimley-Horn and Associates, Inc., for Staff Extension Services in Managing Transportation and Public Works Arterials and Mobility Infrastructure Capital Projects for a Revised Contract Amount of $145,000.00 RECOMMENDATION: It is recommended that the City Council authorize execution of Amendment No. 2 in the amount of $47,000.00, to City Secretary Contract No. 58643, a professional services agreement with Kimley- Horn and Associates, Inc. for Staff Extension Services in Managing Transportation and Public Works Arterials and Mobility Infrastructure Capital Projects for a revised contract amount of $145,000.00. DISCUSSION: On December 20, 2022, the City of Fort Worth administratively authorized a professional service agreement in the amount of $80,000.00 with Kimley-Horn and Associates, Inc. (City Secretary Contract No. 58643) for Staff Extension Services in Managing Transportation and Public Works Arterials and Mobility Infrastructure Capital Projects. The agreement provided one full-time equivalent (FTE) project manager for approximately six months to assist with delivering capital projects associated with the 2022 Bond Program. These staff extension services are providing needed resources for the execution of projects while the City navigates challenges in recruiting and retaining critical positions in the current competitive environment. On June 9, 2023, Amendment No. 1 to City Secretary Contract No. 58643 was administratively approved in the amount of $18,000.00 for a revised contract amount of $98,000.00. The amendment provided one full-time equivalent (FTE) project manager for approximately two additional months to assist with delivering capital projects associated with the 2022 Bond Program. This Amendment No. 2 will provide one FTE project manager for approximately five additional months to assist with delivering capital projects associated with the 2022 Bond Program. The table below illustrates the history of the contract: Contract Action Date Amount Original Contract CSN 58643 (administratively executed) 12/20/2022 $80,000.00 Amendment 1 (administratively executed) 6/9/2023 $18,000.00 Amendment 2 (this M&C) $47,000.00 Revised Contract Amount $145,000.00 In April 2020, the Transportation & Public Works Department, Capital Delivery Division, published a Request for Qualifications (RFQ) for various technical services associated with engineering services including capital project management support contracts. Kimley-Horn and Associates, Inc. was one of four firms prequalified to provide project management support services. Staff extension services contracts have been executed with all four prequalified consultants. http://apps.cfwnet.org/council_packet/mc review.asp?ID=31433&councildate=9/26/2023 10/5/2023 M&C Review Page 2 of 2 This task order contract will serve current and future capital projects as needed, and a funds availability verification will be performed by Transportation & Public Works Contract Compliance Managers prior to task order assignment. Funding is budgeted in the various capital improvement program funds. DVIN-BE Office - Business Equity: Amendment value is less than the $100,000.00 threshold per the Business Equity Ordinance, therefore no Goal is assigned. Amendment No. 2 has been reviewed by the Business Equity Division. The project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budgets, as previously appropriated, in the various capital improvement program funds to support the approval of the recommendation and execution of the amendment. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. TO Fund Department I Account Project ID ID FROM Fund Department Account Project ID ID Submitted for Citv Manaqer's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS Program I Activity Budget Reference # Year (Chartfield 2) Program Activity Budget Reference # Year (Chartfield 2) William Johnson (5806) Lauren Prieur (6035) Monty Hall (8662) 20KIMLEY HORN STAFF EXT FID Table.xlsx (CFW Internal) Completed Form.Ddf (Public) Form 1295.Ddf (CFW Internal) SAM ReDort.Ddf (CFW Internal) Amount Amount http://apps.cfwnet.org/council_packet/mc review.asp?ID=31433&councildate=9/26/2023 10/5/2023 FORT WORTH Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Staff Extension Services in Managing TPW Arterials and Mobility Infrastructure Capital Projects: Professional Services Agreement Amendment #2 M&C CPN CSO # 58643 DOC# 1 DATE: 10-05-2023 TO: 1. Alexiz Ramirez 2. Chad Allen 3. Lissette Acevedo 4. Patricia Wadsack 5. Lauren Prieur 6. Doug Black 7. William Johnson 8. Jannette Goodall 9. TPW Contracts INITIALS DATE OUT - review Oct 9, 2023 - signature Oct 10, 2023 - review Oct 10, 2023 - review VP&W Oct 13, 2023 - signature VV1 Oct 13, 2023 - signature Oct 17, 2023 - signatures Oct 17, 2023 - signature U Oct 18, 2023 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 Return To: Please calITPW Contracts at ext. 7233 for pick up when completed. Thank you. Amendment Purpose Statement: The purpose of this administrative Amendment No. 2 is to pay for additional staff extension services to allow Kimley-Horn and Associates, Inc. to continue managing projects for the Capital Delivery Mobility Infrastructure Improvements Team through the end of 2023. Staff Extension Services in Managing Transportation and Public Works Arterials and Mobility Infrastructure Capital Projects