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HomeMy WebLinkAboutContract 60486-A1CSC No. 60486-A1 AMENDMENT No . 1 TO CITY SECRETARY CONTRACT No. 60486 WHEREAS, the City of Fort Worth (CITY) and Freese and Nichols, Inc., (ENGINEER) made and entered into City Secretary Contract No. 60486, (the CONTRACT) which was authorized on the 16th day of November, 2023 in the amount of $ 98,280.00; and WHEREAS, the CONTRACT involves engineering services for the following project: Planning Update Transportation Maintenance, CPN 105230; 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 $49,305.00. (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 $147,585.00. 3. All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. OFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY Planning Update for Transportation Maintenance Prof Services Agreement Amendment Template FT. WORTH, TX CPN 105230 Revision Date: 03/08/2024 Page 1 of 3 EXECUTED and EFFECTIVE as of the date subscribed by the City's designated Assistant City Manager. APPROVED: City of Fort Worth op*� Jesica McEachern Assistant City Manager DATE: OCt 18, 2024 ATTEST: Jannette Goodall City Secretary 4'O440R ��Il �,. � 00o r�yoaao Ovo o=a° C10*o0 0 00 *�d aaB� nFXA?o°p APPROVED AS TO FORM AND LEGALITY: Douglas Black (Oct 14, 2024 09:19 CDT) Douglas W. Black Sr. Assistant City Attorney Freese and Nichols, Inc. t Shy,. Trey Shank Vice President / Principal DATE: October 9, 2024 M&C No.#: 24-0785 M&C Date: 9/17/24 FUNDING BREAKDOWN SHEET City Secretary No. 60486 Amendment No. 1 Fund Dept ID Account Project CF1- CF2 — Bond ID Activity Reference 30100 D200431 5330500 105230 E03520 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Amount �49,305.00 City of Fort Worth, Texas Prof Services Agreement Amendment Template Revision Date: 03/08/2024 Planning Update for Transportation Maintenance Page 2 of 3 CPN 105230 Fund Dept ID Account Total: Project CF1- CF2 - Bond Amount ID Activity Reference $ 49,30 00 Planning Update for Transportation Maintenance CPN 103230 City of Fort Worth, Texas Prof Services Agreement Amendment Template Revision Date: 03/08/2024 Page 3 of 3 801 Cherry Street, Suite 2800 + Fort Worth, Texas 76102 + 817-735-7300 + FAX 817-735-7491 TO: Lane Zarate CC: John Dewar FROM: Trey Shanks SUBJECT: Responses to Street Maintenance Fee Invoice Adjustment Request DATE: 7/8/2024 PROJECT: FT123955 www.freese.com Lane, following up our conversation last week regarding your concerns about the amount of the last invoice from FNI for the Street Maintenance Fee project effort, I have visited with internal leadership and gotten agreement to adjustment the invoice as described below. Background FNI entered into an agreement with the City of Fort Worth to provided expedited technical assistance with the development of and communication about a transportation user fee (renamed a street maintenance fee as part of the project efforts). The original contract was executed November 16, 2023 in the amount of $98,280. Through February 2024 FNI had conducted and invoiced $75,585 of effort in preparation for the March 5, 2024 Council meeting to receive direction on the path forward for the SMF. Coming out of the meeting, the message received by FNI from the City was to proceed forward expeditiously for various key actions (preparation for MITC presentation, preparation of detailed rate model and fee structure, support for stakeholder committee engagement, and coordination with the Water Department about billing integration) and to provide an estimate of a projected amendment. FNI was requested to work ahead of the amendment for these efforts "at risk", which we agreed to. On the following page is a screen shot of my email to you from March 18, 2024 projecting the estimated effort needed to conduct expected activities through September 2024. The total amount projected from March -September 2024 (7 months) was estimated at $250,000, which averaged out to $36,000 per month. On or about April 24, 2024, we were notified by you that City Management had requested the SMF efforts to stop. We were asked to only continue preparation for an April 26, 2024 briefing of Jesica McEachern and Lauren Prieur about our findings to date of the rate effects of our efforts to refine the fee structure to be tailored better to Fort Worth land use information. Our actual effort was $44,393.97 in March 2024 and was $46,064.69 in April 2024. We expended $3,737.34 of effort in early May responding to requests for additional information or data clarification. While we are confident that this effort was effectively, efficiently, and productively conducted towards the project goals, we recognize that better communication about the effort expended would have been beneficial. By holding the invoice in April for March effort until the amendment was finalized, we unintentionally created a communication gap with you. Proposed Resolution We propose to deduct the difference in effort over $36,000 for effort in March ($8,393.97 over the estimated monthly average effort) and April ($10,084.69 over the estimated monthly average effort) and to deduct the effort expended in May ($3,737,34). This would result in an invoice reduction of $22,216.00 for a new final invoice amount of $147,585.00, which would include a $49,305 amendment to the original. The table on the following page provides a detailed breakdown of the proposed invoice adjustment. Lane Zarate, City of Fort Worth June 27, 2024 Page 2 of 2 IProjeeted FNI Effort Trey Shanks � To Zarate, Lane (DYou forwarded this message a. 1. iG PM. ININFREESE NICHOUS <] Reply «] Reply All Forward 1 ! 4 —JJJJE. n Mo3/1 1111�202A 1 1: SD AM lane-I've been looking at the activities ahead and working toestimatethalevelofeffortILAI — -dvv,_,las:,,',,r,,._,,-zm,,,�thee not of September, Key tasks ahead that I've factored FNI effort for include the following; • Fee Assignment to Each Property: Property -by -property assessment of st.. _ ..:I.. _�.r`ance fee based on land use Ui.rsiao`u,, tics, property attributes, and FETrip Generation Manual factors. inereare dozens ofassigned land uses and zoning cLassificationsfor properties in the City. These wi[L need to be evalt,Qi darfd t:lassified within ITE A�WtL"d.w :..,]t ultimately within the Fort WorthSMhi v L. r '..rtcategories. Last week we-'.di&d:' screening evaluation ofthis data to get a sense cf the levelof effortahead. • S. r it .... 9 .. I I,. ,i. it It is anticipated FNI uvilL provide support/facititation of the stak::n �_, s, _.p. This may include preparation of agendas, meeting content, and meeting facilitation. • Council/CMOEngagement/City Team C.. C i.`.. : Itisantfc'rp�,l:.y.i�t_ .,ill be needed throughout thiseffortto niari,tan,e fectivL ..u,rn,._.Z,..ation,outreach, o,,; ,,E ssarging. • Fee Structure Evaluation: it Is anticipated that stakeholders, whether Council, the stakeholder group, and/or City staff will ru.,,.c:.L -luation of alternative 1kV 6,4 .. di, a-,:h as a cha,.s, .1....� ,ories or change in calculation basis. • Optimized Street Maintenance Nanning: Continued refinement7J 1 .": �.'rr `..mairrva r ,rar,�r .r',r�isanticipatedto require some Level of input from FNI. This may include data analytics, financial evaluation, and/or engineering evaluation. It is difficult to assign an exact level of effort necessary for the activities above, but it is anticipated to be significantlyv�,u.$E A IUJL�drr than the effort to date. actionsnotedabukre&u';&gU ­ill:t­tu,r-6�.ecurrentstatus,1project � . , . aly $36,0Dfi, #U kihV%.44-of effort for the next 7 months, which would amount rI l . tely $252,000. Separately, if the City ultimately chooses to implement a Street Maintenance Fee, effort for billing imprenrenrarion will be required. I can provide more detail an the actions for this effort, but generally it would be expected that another$240,000-$300,000 of effort for FNI would be needed to have the City ready for "go -live" billing. Additional costs to the City maybe required by water utility department to integrate the street rial+.: u r_dAtnintotheutiLitybilling system. -A- Thank you, Trey Row Labels ] Dec 23 <] Reply «] Reply All Forward 1 ! 4 —JJJJE. n Mo3/1 1111�202A 1 1: SD AM lane-I've been looking at the activities ahead and working toestimatethalevelofeffortILAI — -dvv,_,las:,,',,r,,._,,-zm,,,�thee not of September, Key tasks ahead that I've factored FNI effort for include the following; • Fee Assignment to Each Property: Property -by -property assessment of st.. _ ..:I.. _�.r`ance fee based on land use Ui.rsiao`u,, tics, property attributes, and FETrip Generation Manual factors. inereare dozens ofassigned land uses and zoning cLassificationsfor properties in the City. These wi[L need to be evalt,Qi darfd t:lassified within ITE A�WtL"d.w :..,]t ultimately within the Fort WorthSMhi v L. r '..rtcategories. Last week we-'.di&d:' screening evaluation ofthis data to get a sense cf the levelof effortahead. • S. r it .... 9 .. I I,. ,i. it It is anticipated FNI uvilL provide support/facititation of the stak::n �_, s, _.p. This may include preparation of agendas, meeting content, and meeting facilitation. • Council/CMOEngagement/City Team C.. C i.`.. : Itisantfc'rp�,l:.y.i�t_ .,ill be needed throughout thiseffortto niari,tan,e fectivL ..u,rn,._.Z,..ation,outreach, o,,; ,,E ssarging. • Fee Structure Evaluation: it Is anticipated that stakeholders, whether Council, the stakeholder group, and/or City staff will ru.,,.c:.L -luation of alternative 1kV 6,4 .. di, a-,:h as a cha,.s, .1....� ,ories or change in calculation basis. • Optimized Street Maintenance Nanning: Continued refinement7J 1 .": �.'rr `..mairrva r ,rar,�r .r',r�isanticipatedto require some Level of input from FNI. This may include data analytics, financial evaluation, and/or engineering evaluation. It is difficult to assign an exact level of effort necessary for the activities above, but it is anticipated to be significantlyv�,u.$E A IUJL�drr than the effort to date. actionsnotedabukre&u';&gU ­ill:t­tu,r-6�.ecurrentstatus,1project � . , . aly $36,0Dfi, #U kihV%.44-of effort for the next 7 months, which would amount rI l . tely $252,000. Separately, if the City ultimately chooses to implement a Street Maintenance Fee, effort for billing imprenrenrarion will be required. I can provide more detail an the actions for this effort, but generally it would be expected that another$240,000-$300,000 of effort for FNI would be needed to have the City ready for "go -live" billing. Additional costs to the City maybe required by water utility department to integrate the street rial+.: u r_dAtnintotheutiLitybilling system. -A- Thank you, Trey Row Labels ] Dec 23 Jan 24 Feb 24 Mar 24 Apr 24 May 24 Grand Total Off eiAda rkwa $ 25,312.00 $ 4,032.00 $20,608.00 $13,440.00 $ 63,392.00 Ralph L. Shanks, III $ 18,306.00 $4,374.00 $ 8,748.00 $12,798.00 $17,820.00 $ 62,046.00 ConnorTuran $ 549.50 $ 5,024.00 $ 7,222.00 $11,696.50 $ 2,276.50 $ 26,768.50 Isabela Contreras $3,061.50 $ 628.00 $ 2,198.00 $ 2,041.00 $ 7,928.50 Robert Collin Thompson $ 1,253.97 $ 447.85 $ 1,376.18 $ 3,078.00 TanayKulkarni $ 3,060.00 $ 3,060.00 Ha ley Hight $ 628.00 $1,177.50 $ 1,805.50 Jack Bedell $ 314.00 $ 78.50 $ 392.50 Sandip Gordhan Faldu $ 308.87 $ 53.13 $ 362.00 Kara Shuror $ 330.47 $ 31.53 $ 362.00 Julia Susanne Glasgow $ 314.00 $ 314.00 Erin Renee Westbrook $ 292.00 $ 292.00 Grand Total $ 48,169.50 $8,983.50 $18,432.00 $44,393.97 $46,084.69 $ 3,737.34 $169,801.00 Estimated average monthly effort communicated March 18, 2024 $36,000.00 $36,000.00 $36,000.00 Effort above estimated monthly average effort $ 8,393.97 $10,084.69 $ 18,478.66 Follow-up effort responding to City requests after stop work request $ 3,737.34 $ 3,737.34 Total amount proposed to be deducted from effort incurred $ 22,216.00 Total revised final invoice $ 72,000.00 Total final project invoice $147,585.00 Original contract amount $ 98,280.00 Total amendment request $ 49,305.00 City of Fort Worth, Texas Mayor and Council Communication DATE: 09/17/24 M&C FILE NUMBER: M&C 24-0785 LOG NAME: 20PLANNING UPDATE TRANSPORTATION AMENDMENT 1 SUBJECT (ALL) Authorize Execution of Amendment No. 1 in the Amount of $49,305.00 to an Engineering Services Agreement with Freese and Nichols, Inc., for the Planning Update Transportation Maintenance Project for a Revised Contract Amount of $147,585.00, Adopt Appropriation Ordinance and Amend the Fiscal Years 2024-2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of Amendment No. 1 to an engineering services agreement with Freese and Nichols, Inc., (City Secretary Contract No. 60486) in the amount of $49,305.00 for the Planning Update Transportation Maintenance project for a revised contract amount of $147,585.00 (City Project No. 105230); 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Capital Projects Fund, in the amount of $49,305.00 from available PayGo Residuals for the purpose of funding the Contract Street Maintenance programmable project (City Project No. P00020); and 3. Amend the Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: On November 16, 2023, an Engineering Services Agreement with Freese and Nichols, Inc., (City Secretary Contract (CSC) No. 60486) in the amount of $98,280.00, was administratively authorized. This Mayor and Council Communication (M&C) will authorize execution of Amendment No. 1 to the agreement and increase the contract amount by $49,305.00, for a revised contract amount of $147,585.00, for the Planning Update Transportation Maintenance project. The original contract included presentation development related to previous planning efforts, communication, assessment of funding sources, benchmarking, and draft recommendations. The additional contract capacity being requested with this M&C produced refinement of the maintenance program planning designed to reduce long-term funding needs and provided cost -saving recommendations to address identified gaps in program planning. The following table summarizes previous contract actions and amendments: Agreement Initial Contract CSC 60486 Amendment No. 1 Contract Total Amount I Justification I M&C No. I Date $98,280.00 Initial Agreement Administratively 11/16/23 approved Additional effort $49,305.00 for detailed This M&C traffic generation $147,585.00 The funding for the project is summarized in the table below: Fund Existing Funds Additional project Total Funding 30100 General $99,000.00 Capital Projects $49,305.00 $148,305.00 Total Funding $99,000.00 $49,305.00 $148,305.00 Funding for this project was included in the FY2023-2027 Capital Improvement Plan in the amount of $99,000.00. Additional funding in the amount of $49,305.00 is needed due to additional effort for detailed traffic generation. The action in this M&C will amend the FY2024-2028 Capital Improvement Program. Funding is available in the Unspecified All -Funds project within the General Capital Projects Fund for the purpose of funding the Contract Street Maintenance programmable project. The amendment for this project was not reviewed by The Business Equity Division for a business equity goal, as it was anticipated to be under the $100,000.01 threshold. This project is located in ALL COUNCIL DISTRICT FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified -All Funds project within the General Capital Projects Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the General Capital Projects Fund for the Contract Street Maintenance programmable project to support the above recommendations and execution of the amendment. Prior to an expenditure being incurred, the Transportation & Public Works Department has the responsibility of verifying the availability of funds. Submitted for Citv Manaaer's Office bv: Jesica McEachern 5804 Oriainatina Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662 105230-EPAM-Planning Update Transportation Maintenance Final Audit Report 2024-10-18 Created: 2024-10-11 By: Barbara Pryor (Barbara.Pryor@fortworthtexas.gov) Status: Canceled / Declined Transaction ID: CBJCHBCAABAARuPakDynENbUViibWdRTF9G_AEJxEfP_ "105230-EPAM-Planning Update Transportation Maintenance" History Document created by Barbara Pryor (Barbara.Pryor@fortworthtexas.gov) 2024-10-11 - 8:07:46 PM GMT- IP address: 204.10.90.100 Document emailed to Lane Zarate(Lane.Zarate@fortworthtexas.gov) for filling 2024-10-11 - 8:14:37 PM GMT Email viewed by Lane Zarate(Lane.Zarate@fortworthtexas.gov) 2024-10-11 - 9:15:51 PM GMT- IP address: 204.10.91.100 _= 4-, Form filled by Lane Zarate(Lane.Zarate@fortworthtexas.gov) Form filling Date: 2024-10-11 - 9:16:09 PM GMT -Time Source: server- IP address: 204.10.91.100 Document emailed to Priscilla Ramirez (Priscilla.Ramirez@fortworthtexas.gov) for approval 2024-10-11 - 9:16:11 PM GMT Email viewed by Priscilla Ramirez (Priscilla.Ram irez@fortworthtexas.gov) 2024-10-14 - 1:44:14 PM GMT- IP address: 208.184.124.181 Document approved by Priscilla Ramirez (Priscilla.Ramirez@fortworthtexas.gov) Approval Date: 2024-10-14 - 1:44:35 PM GMT - Time Source: server- IP address: 208.184.124.181 Document emailed to Douglas Black (Douglas.Black@fortworthtexas.gov) for signature 2024-10-14 - 1:44:37 PM GMT Document e-signed by Douglas Black (Douglas.Black@fortworthtexas.gov) Signature Date: 2024-10-14 - 2:19:14 PM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to Jesica McEachernaesica.mceachern@fortworthtexas.gov) for signature 2024-10-14 - 2:19:16 PM GMT FDRTWORTHs I Paw m"Y Adobe Acrobat Sign Document e-signed by Jesica McEachernOesica.mceachern@fortworthtexas.gov) Signature Date: 2024-10-18 - 4:34:36 PM GMT - Time Source: server- IP address: 208.184.124.181 _. Document approval automatically delegated to Katherine Cenicola (Katherine.Cenicola@fortworthtexas.gov) by Ronald Gonzales (Ronald.Gonzales@fortworthtexas.gov) 2024-10-18 - 4:34:38 PM GMT Document emailed to Ronald Gonzales (Ronald.Gonzales@fortworthtexas.gov) for approval 2024-10-18 - 4:34:39 PM GMT Document emailed to Katherine Cenicola (Katherine.Cenicola@fortworthtexas.gov) for approval 2024-10-18 - 4:34:39 PM GMT Email viewed by Katherine Cenicola (Katherine.Cenicola@fortworthtexas.gov) 2024-10-18 - 6:15:51 PM GMT- IP address: 208.184.124.181 Document approved by Katherine Cenicola (Katherine.Cenicola@fortworthtexas.gov) Approval Date: 2024-10-18 - 6:17:50 PM GMT - Time Source: server- IP address: 208.184.124.181 Document emailed to Jannette Goodall Oannette.goodall@fortworthtexas.gov) for signature 2024-10-18 - 6:17:51 PM GMT Email viewed by Jannette Goodall aannette.goodall@fortworthtexas.gov) 2024-10-18 - 6:43:35 PM GMT- IP address: 208.184.124.181 Document e-signed by Jannette Goodall Qannette.goodall@fortworthtexas.gov) Signature Date: 2024-10-18 - 6:43:47 PM GMT - Time Source: server- IP address: 208.184.124.181 Form filling automatically delegated to Elisa Winterrowd (Elisa.Winterrowd@fortworthtexas.gov) by Allison Tidwell (allison.tidwell@fortworthtexas.gov) 2024-10-18 - 6:43:49 PM GMT Document emailed to Elisa Winterrowd (Elisa.Winterrowd@fortworthtexas.gov) for filling 2024-10-18 - 6:43:49 PM GMT Document emailed to Allison Tidwell (allison.tidwell@fortworthtexas.gov) for filling 2024-10-18 - 6:43:49 PM GMT Document declined by Allison Tidwell (allison.tidwell@fortworthtexas.gov) Decline reason: Please move the text box to the upper right hand corner instead of where it is now. It's confusing because it appears that it's an amendment no. 1 to 60486-A1. Once you're done, you can send it back through to just me. 2024-10-18 - 9:14:40 PM GMT- IP address: 208.184.124.181 FDRTWORTHs I Paw m"Y Adobe Acrobat Sign FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE• Planning Update Transportation Maintenance M&C: 24-0785 Date: 10/11/24 To: Name 1 Trey Shanks 2. Lane Zarate 3. Lauren Prieur 4. Doug Black 5. Jesica McEachern 6. Janette Goodall 7. 8. 9. 10. CPN: 105230 CSO: 60486-A1 Department Vendor TPW - Initial TPW - Approval TPW - Signer ACM- Signer CSO- Signer Initials DOC#: Date Out 10/9/24 L Oct 11, 2024 Approved in Agiloft 10/11/24 Oct 14, 2024 Go- im Oct 18, 2024 1G TG Oct 18, 2024 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: DYES ®No RUSH: ❑YES ®No SAME DAY: DYES ❑No NEXT DAY: DYES ❑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: TPWContracts(a,FortWorthTexas.2ov at ext. 7233 or 8363, for pickup when completed. Thank you! Updated 01IJ212024 mdhm