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HomeMy WebLinkAboutContract 61682-R1A1City Secretary Contract No. ________ Page 1 of 4 FIRST RENEWAL AND AMENDMENT OF CITY SECRETARY CONTRACT NO. 61682, A NON-EXCLUSIVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND KIMLEY-HORN, INC. FIRST RENEWAL AND AMENDMENT OF CITY SECRETARY CONTRACT NO. 61682, A NON-EXCLUSIVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND KIMLEY-HORN AND ASSOCIATES, INC. This FIRST RENEWAL AND AMENDMENT OF CITY SECRETARY CONTRACT NO. 61682 (“First Renewal and Amendment”), is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas (“City”), acting by and through its duly authorized Assistant City Manager, and Kimley-Horn and Associates, Inc., a North Carolina corporation (“Engineer”), acting by and through its duly authorized representative. WHEREAS, the City and Engineer entered into a Non-Exclusive Professional Engineering Services Agreement for the City’s Small-Scale Infrastructure Program, City Secretary Contract Number 61682 (“Agreement”); and WHEREAS, the Agreement provides for a one-year Initial Term with four optional one- year Renewal Terms; and WHEREAS, Exhibit B to the Agreement provided the Engineer's compensation rates for engineering services under the Agreement; and WHEREAS, the Agreement provides that the total amount of all Task Orders issued to Engineer and to other engineering services providers participating in the Program shall not exceed Two Million Dollars ($2,000,000.00) for the Initial Term or any Renewal Term; and WHEREAS, the City and Engineer desire to renew and extend the Agreement for the first one-year Renewal Term; and WHEREAS, the City and Engineer desire to increase the Engineer's Labor Category Rate Schedule by 5%, as directed by Exhibit B to the Original Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, City and Engineer do mutually covenant and agree to renew, amend, and extend the Agreement as follows: 1. City Secretary Contract No. ________ Page 2 of 4 FIRST RENEWAL AND AMENDMENT OF CITY SECRETARY CONTRACT NO. 61682, A NON-EXCLUSIVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND KIMLEY-HORN, INC. City and Engineer agree to renew and extend the Agreement for the first one-year Renewal Term, effective beginning on July 14, 2025 and expiring on July 13, 2026. 2. Exhibit B to the Agreement shall be supplemented by the attached "Exhibit B1 - 2025-26 Rates" ("Exhibit B-1"), which contains a revised Labor Category Rate schedule; 3. a. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Renewal shall remain in full force and effect. b. All terms in this First Renewal and Amendment that are capitalized but not defined shall have the meanings assigned to those terms in the Agreement. IN WITNESS WHEREOF, the parties have executed this First Renewal and Amendment to be effective as of July 14, 2025. CITY OF FORT WORTH KIMLEY-HORN AND ASSOCIATES, INC. ________________________________ Jesica L. McEachern Scott R. Arnold, PE Assistant City Manager Date:Date: Recommended by: D.J. Harrell, Director Development Services Department APPROVED AS TO FORM AND LEGALITY: Stephen M. Hines Senior Assistant City Attorney M&C: 24-0187 Form 1295: N/A City Secretary Contract No. ________ Page 3 of 4 FIRST RENEWAL AND AMENDMENT OF CITY SECRETARY CONTRACT NO. 61682, A NON-EXCLUSIVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND KIMLEY-HORN, INC. ATTEST Contract Compliance Manager: By signing, I acknowledge that I am the person Jannette S. Goodall City Secretary responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Tablisha Taylor Contract Services Administrator City Secretary Contract No. ________ Page 4 of 4 FIRST RENEWAL AND AMENDMENT OF CITY SECRETARY CONTRACT NO. 61682, A NON-EXCLUSIVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND KIMLEY-HORN, INC. EXHIBIT B-1 2025-2026 Labor Category Rate Schedule B-I. Labor Category Rates A. The following shall supplant and replace the Labor Category Rate Schedule in Exhibit B, Section I.A.i.(1) of the Agreement: Labor Category Rate ($/hour) Senior Project Manager $307 Senior Professional $286 Project Manager $244 Professional $207 Analyst III $181 Analyst II $170 Analyst I $165 Administrative $116 Intern $95 The rates reflect a 5% increase in the prior Term's Labor Category Rates, rounded to the nearest dollar. B.All other terms and conditions in Exhibit B to the Agreement remain unchanged. City of Fort Worth, Texas Mayor and Council Communication DATE: 03/19/24 M&C FILE NUMBER: M&C 24-0187 LOG NAME: 06SSIP ENGINEERING CONTRACTS AND APPROPRIATION SUBJECT (ALL) Authorize Non-Exclusive Agreements with Baird Hampton & Brown, Inc.; Kimley Horn and Associates, Inc.; Westwood Professional Services, Inc. dba Peloton Land Solutions, Inc., a Wesfinrood Company; Shield Engineering Group, PLLC; and Simon Engineering & Consulting, Inc. in a Combined Annual Amount Up to $2,000,000.00 for the Initial Term with Four One-Year Renewal Options for the Development Services Department, Adopt Appropriation Ordinance, and Amend the Fiscal Years 2024-2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize non-exclusive agreements with Baird Hampton & Brown, Inc.; Kimley Horn and Associates, Inc.; Westwood Professional Services, Inc. dba Peloton Land Solutions, Inc., a Westwood Company; Shield Engineering Group, PLLC; and Simon Engineering & Consulting, Inc. in a combined annual amount up to $2,000,000.00 with four one-year renewal options for engineering services for the Development Services Department's Small-Scale Infrastructure Program; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Capital Projects Fund in the amount up to $14,700,000.00, subject to receipt of funds, for the purpose of funding the Small-Scale Infrastructure Program programmable project (City Project No. P00151); and 3. Amend the Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of engineering agreements and appropriate funds necessary to start the Development Services Department's Small-Scale Infrastructure Program (Program). The Program is being created to provide engineering design and construction services for the installation of small-scale or infill developer-led projects, including 800 feet or fewer of water, sewer, storm services, sidewalk and four (4) or fewer pedestrian/streetlight installations. The engineering and construction cost will be funded entirely by Developers. The Development Services Department conducted a Request for Qualifications to establish a standing list of qualified engineering firms which the Development Services Department will use to provide engineering services for projects in the Small-Scale Infrastructure Program. The Request for Qualifications was advertised in the Fort Worth Star-Telegram on September 21, 2022 and September 28, 2022. The City received fourteen (14) responses. An evaluation panel consisting of representatives from the Development Services Department reviewed and scored the submittals based on the following criteria: (a) project understanding (30%); (b) project team and experience (45%); (c) related local projects (15%); and (d) readiness to proceed (10%). The scores are listed in the table below. No guarantee was made that a specific amount of services would be requested. Bidders Evaluation Factors a b c d Total Score Rank Shield Engineering Group, 30 45 15 10 100 1 PLLC Peloton Land Solution, Inc, a 30 45 15 10 100 2 Westwood Company Baird, Hampton & Brown 30 44 15 10 99 3 Kimley Horn 30 42.5 15 10 97.5 4 Simon Engineering & 2g 44 14 10 97 5 Consulting, Inc. LJA Engineering 29 44 14 9.5 96.5 6 Cobb Fendley 29 42.5 13.5 9.5 94.5 7 Mas Consulting Engineering 26 44 14.5 10 94.5 8 & Consulting Inc. Multatech 27.5 42.5 15 9 94 9 Bartlett & West 26 45 10 7.5 88.5 10 James DeOtte Engineering, 30 40 10 7.5 87.5 11 Inc. DEC Engineering Excellence 27.5 40 10 7.5 85 12 Arredondo, Zepeda & Brunz, LLC RLG Consulting Engineers f�•i��•". 12.5 40 11.5 9 45 14.5 9 E:�C3 E:�il 13 14 After evaluation, the panel concluded that Baird Hampton & Brown, Inc.; Kimley Horn and Associates, Inc.; Westwood Professional Services, Inc. dba Peloton Land Solutions, Inc., a Wesfinrood Company; Shield Engineering Group, PLLC; and Simon Engineering & Consulting, Inc are the most qualified engineering firms for the Program. To facilitate the administration of the Small-Scale Infrastructure Program, the attached appropriation ordinance is necessary. The ordinance appropriates the full projected annual amount of up to $14,700,000.00 in the General Capital Projects Fund, subject to receipt of funds, for the purpose of funding the Small-Scale Infrastructure Program programmable project (City Project No. P00151). Having a full year's appropriation authority will support awarding the current design and engineering contracts as well as annual contracts for related construction services, which are currently out for bid. The appropriation is subject to receipt of funds from developers, which will prevent over spending with movement of spending authority to a child project contingent on the actual receipt or availability of funds, ensuring that it is tied to the funds received for each project. The authority granted by the attached ordinance is subject to certain restrictions. Specifically, the total amount of all transfers cannot exceed the annual appropriation for the programmable project, and each transfer is contingent upon the receipt of funds from the developer. Given the mid-year start of the program, it's projected that the actual receipts and appropriations for Fiscal Year 2024 will be in the neighborhood of $7,375,000.00. Funding for this project was not included in the Fiscal Years 2024-2028 Capital Improvement Program (CIP) because funding for the program had not been determined at the time of its development. The actions in this M&C will amend the Fiscal Years 2024-2028 Capital Improvement Program as approved in connection with Ordinance 26453-09-2023. Fund FY 2024 Budget Change Revised Name Appropriations Authority Increase FY2024 � Budget Small-Scale Infrastructure This Program - $0.00 M&C �14,700,000.00 $14,700,000.00 City Project No. P00151 � This task order contract will serve current and future capital projects as-needed, and a funds availability verification will be performed by Development Services Contract Compliance Managers prior to task order assignment. FUNDING: The maximum combined annual amount allowed under these engineering and design agreements will be $2,000,000.00; however, the actual amount used will be based on the needs of the department and the available budget. DVIN BE: Small Scale Infrastructure Program received a waiver for the Program as there will not be any fiscal City Participation, it does not meet Ordinance, Section 20-368 requirements. AGREEMENT TERMS: Upon City Council approval, the agreements shall begin upon execution and expire one year from that date. RENEWAL TERMS: The agreements may be renewed for four additional one-year terms. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. Staff intends to go out to bid for the construction contractors in April 2024 and an M&C for the selection of the contractors June 2024. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be deposited into the General Capital Projects Fund as appropriated for the Small-Scale Infrastructure Program programmable project. The Development Services Department (and Financial Management Services) is responsible for the collection and deposit of funds due to the City. Prior to any expense being incurred, the Development Services Department also has the responsibility to validate the availability of funds. Submitted for City Manaaer's Office by: Dana Burghdoff 8018 Originating Business Unit Head: Additional Information Contact: D.J. Harrell 8032 Ty Thompson 2120 Evelyn Roberts 7838 DOCUMENT TITLE: Routing and Transmittal Slip Development Services FIRST RENEWAL AND AMENDMENT OF CITY SECRETARY CONTRACT NO. 61682, A NON-EXCLUSIVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND KIMLEY- HORN AND ASSOCIATES, INC. M&C: 24-0187 CPN_N/A CSO# DOC# Remarks: Contract documents are being routed to execute a contract with Kimley Horn and Associates, Inc, such to provide construction services on an as-needed (task order) basis for the construction of projects relating to the installation of small-scale or infill developer-led projects, for the Development Services Department’s Small-Scale Infrastructure Program. DATE to 1 st Reviewer:INITIALS DATE OUT 1. Scott Arnold, KH 2.Tablisha Taylor 3.Steve Hines, Legal 4.Cannon Henry,Asst. Dir. 5.D.J.Harell,Dir. 6.Jesica McEachern,ACM 7.Katherine Cenicola 8.Jannette Goodall,City Sec 9.Allison Tidwell,CS Office 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, Jay will review and take the next steps. NEEDS TO BE NOTARIZED:Yes X No RUSH:Yes X No SAME DAY:Yes X No NEXT DAY:Yes X No ROUTING TO CSO:X Yes No Action Required: As Requested Attach Signature, Initial and Notary Tabs For Your Information X Signature/Routing and or Recording Comment File Please call Tablisha Taylor at ext. 6250 for questions. Thank you.