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HomeMy WebLinkAboutContract 49326-A1 CITY SECRETARY CONTRACT N0.!jC/ I AMENDMENT No.1 --r TO CITY SECRETARY CONTRACT No. 49326 WHEREAS, the City of Fort Worth (CITY) and Brown & Gay Engineers, Inc. , (CONSULTANT) made and entered into City Secretary Contract No. 49326 (the CONTRACT) , which was authorized by M&C C-28291 on the 20th day of June, 2017 in the amount of $1, 500, 00. 00; and WHEREAS, the CONTRACT involves professional services for the following project: Full-Time Program/Project Management Staff Extension; and WHEREAS, it has become necessary to execute Amendment No. 1 to the CONTRACT to include an increased scope of work and staff services; NOW THEREFORE, CITY and CONSULTANT, 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 engineering services specified in a proposal dated 30th day of April, 2018 ("Proposal") , a copy of which is attached hereto and incorporated herein. Said engineering services to be performed by professional engineers ("Engineer") as provided for in the Proposal will be paid under the original contract amount for the rates specified in the Proposal. 2. Article V, Indemnification, of the CONTRACT is amended to provide for additional indemnity terms specific to the practice of engineering by adding an additional term as follows: (3) In accordance with Texas Local Government Code Section 271. 904, the CONSULTANT, on behalf of its ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER' s agent, consultant under contract, or another entity over which the CONSULTANT exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable r.attorney' s fees in proportion to the CONSULTANT'S liability. Q=<City.of Fort Worth o Pr''sinal Services Agreement Amendment Template ^'ICFWPO ieial Release 9/19/2017(Revised for specific terms 4.24.18) -4Paga,1 of s OFFICIAL RECORD a° C11rY ONCRETARY w WOWN0 TX 3. The Contract is further amended to add statutorily required language as follows : Immigration Nationality Act CONSULTANT shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9) . Upon request by CITY, ENGINEER shall provide CITY with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER' S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. And Prohibition On Contracts With Companies Boycotting Israel CONSULTANT acknowledges that in accordance with Chapter 2270 of the Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract . The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808 . 001 of the Texas Government Code. By signing this contract, CONSULTANT certifies that CONSULTANT'S signature provides written verification to the CITY that CONSULTANT: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 4. 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, below. City of Fort Worth Professional Services Agreement Amendment Template CFW Official Release 9/19/2017(Revised for specific terms 4.24.18) Page 2 of 3 APPROVED: City of Fort Worth CONSULTANT Brown & Gay Engineers, Inc. Su Alanis Carl J. Krogn s Assistant City Manager Vice President DATE: S DATE: D -z113 APPROVAL RECOM'M^ENDED: D"& (.�! Doug Wi sig, P.E. Director, Transportation and Public Works 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. I r C7*4 Kim C. Arnold Assistant Directo , Transportation and Public Works Department OA- -Q?630,> — APPROVED AS TO FORM AND LEGALITY: M&C: i�Date: Douglas W. Black Assistant City Attorney ATTEST ®�C �oRr�iO ty y Kayser Secretary as OFFICIAL.RECORD City Fort Worth CITY GKTARY UR Professional Services Agreement Amendment Template Y #�� CFW Official Release 9/19/2017(Revised for specific terms 4.24.18)WOM TX Page 3 of 3 ": Prd April 30,2018 Kim C. Arnold, PMP, LEED-AP Assistant Director,Transportation& Public Works City of Fort Worth 200 Texas St. Fort Worth, TX 76102 RE:Amendment No. 1 to City Secretary Contract No. 49326—TPW Full-Time Program/Project Management Staff Extension Dear Ms.Arnold: BGE, Inc. is pleased to offer increased scope of work and staff services to the City of Fort Worth under the existing contract for Full-Time Program/Project Management Staff Extension. As requested by City Staff,the additional scope of work includes design engineering services for the neighborhood streets program and requires participation of labor positions that are not listed in the current contract rate schedule. BGE, Inc.proposes to revise the contract rate schedule with the attached Attachment B. We look forward to continuing to serve the City in its delivery of the Capital Program. Sincerely, G�� J' Carl J,Krogness Vice President Serving.Leading.Solving." BGE,Inc.•500 West 7th Street,Suite 1800•Fort Worth.Texas 76102•817-887-6130•www.bgeinc.com ATTACHMENT B COMPENSATION Full-Time Program\Project Management Staff Extension Services Time and Materials with Rate Schedule Project I. 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: 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. Field Rates summarized below apply for ENGINEER staff providing full-time staff extension services for full-time engagements with a committed duration of over 12 months. Office Rates apply for all other staff engagements. Contract Rate Contract Rate Contract Rate Labor/Staff Classification 2097 2098 2099 Field Office Field Office Field I Office Program Manager $210.00 $280.00 $217.00 $289.00 $224.00 $298.00 Deputy Program Manager $200.00 $245.00 $206.00 $253.00 $213.00 $261.00 Sr. Project Manager $200.00 $245.00 $206.00 $253.00 $213.00 $261.00 Project Manager $165.00 $215.00 $170.00 $222.00 $176.00 $229.00 Senior Engineer $165.00 $215.00 $170.00 $222.00 $176.00 $229.00 Project Engineer $150.00 $185.00 $155.00 $191.00 $160.00 $197.00 Design Engineer $135.00 $165.00 $140.00 $170.00 $145.00 $176.00 Engineer-In-Training $95.00 $115.00 $98.00 $119.00 $101.00 $123.00 ROW Coordinator $110.00 $135.00 $114.00 $140.00 $118.00 $145.00 Senior Engineer Tech $110.00 $140.00 $114.00 $145.00 $118.00 $150.00 Engineer Tech $95.00 $115.00 $98.00 $119.00 $101.00 $123.00 Senior Environmental Manager $175.00 $215.00 $181.00 $222.00 $187.00 $229.00 Senior Environmental/Planner $145.00 $180.00 $150.00 $186.00 $155.00 $192.00 Environmental/Planner IV $120.00 $150.00 $124.00 $155.00 $128.00 $160.00 Environmental Planner $95.00 $115.00 $98.00 $119.00 $101.00 $123.00 City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 5 B-1 ATTACHMENT B COMPENSATION Contract Rate Contract Rate Contract Rate Labor/Staff Classification 2017 2018 2019 Field Office Field Office Field Office Graphic Designer $80.00 $100.00 $83.00 $103.00 $86.00 $107.00 Senior Public Involvement Specialist $130.00 $165.00 $134.00 $170.00 $139.00 $176.00 Public Involvement Specialist $95.00 $115.00 $98.00 $119.00 $101.00 $123.00 Project Controls Manager $130.00 $160.00 $134.00 $165.00 $139.00 $170.00 Senior Project Controls $100.00 $125.00 $103.00 $129.00 $107.00 $133.00 Senior Document Controls Specialist $115.00 $145.00 $119.00 $150.00 $123.00 $155.00 Document Controls Specialist $75.00 $95.00 $78.00 $98.00 $81.00 $101.00 Senior Scheduler $175.00 $215.00 $181.00 $222.00 $187.00 $229.00 Scheduler IV $130.00 $165.00 $134.00 $170.00 $139.00 $176.00 Senior Project Analyst $80.00 $100.00 $83.00 $103.00 $86.00 $107.00 Project Analyst $70.00 $85.00 $73.00 $88.00 $76.00 $91.00 Senior Network Engineer $90.00 $115.00 $93.00 $119.00 $96.00 $123.00 Network Engineer $75.00 $95.00 $78.00 $98.00 $81.00 $101.00 Admin/Clerical 11 $70.00 $85.00 $73.00 $88.00 $76.00 $91.00 Admin/Clerical1 $55.00 $70.00 $57.00 $73.00 $59.00 $76.00 Senior GIS Analyst $95.00 $120.00 $98.00 $124.00 $101.00 $128.00 GIS Analyst $75.00 $95.00 $78.00 $98.00 $81.00 $101.00 3-D Visualization Manager $95.00 $120.00 $98.00 $124.00 $101.00 $128.00 3-D Visualization Specialist $85.00 $100.00 $88.00 $103.00 $91.00 $107.00 Senior Utility Coordinator $110.00 $135.00 $114.00 $140.00 $118.00 $145.00 Utility Coordinator $90.00 $110.00 $93.00 $114.00 $96.00 $118.00 SUE Field Manager $85.00 $105.00 $88.00 $109.00 $91.00 $113.00 Senior Resident Engineer $170.00 $210.00 $176.00 $217.00 $182.00 $224.00 Resident Engineer $145.00 $180.00 $150.00 $186.00 $155.00 $192.00 Senior Field Rep $100.00 $125.00 $103.00 $129.00 $107.00 $133.00 Field Rep $85.00 $105.00 $88.00 $109.00 $91.00 $113.00 Environmental Inspector $80.00 $100.00 $83.00 $103.00 $86.00 $107.00 ROW Coordinator $120.00 $150.00 $124.00 $155.00 $128.00 $160.00 Senior RPLS $145.00 $180.00 $150.00 $186.00 $155.00 $192.00 RPLS $125.00 $155.00 $129.00 $160.00 $133.00 $165.00 Mobility Coordinator $120.00 $150.00 $124.00 $155.00 $128.00 $160.00 Contract Administrator $100.00 $125.00 $103.00 $129.00 $107.00 $133.00 Contract Rates include labor, overhead, and profit. All rates are negotiated rates and are not subject to change or adjustment. Contract rates to be billed. Documentation of hours must be maintained and is subject to audit. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 5 B-2 ATTACHMENT B COMPENSATION 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. 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. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 5 B-3 ATTACHMENT B COMPENSATION 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. IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant BGE, Inc. Program/Project Management $1,500,000 100 TOTAL $ 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE $ $ City MBE/SBE Goal = 0% Consultant Committed Goal = 0% City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 4 of 5 B-4 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 5 of 5 B-5 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Apprcaved on 6/20/2017 DATE: Tuesday, June 20, 2017 REFERENCE NO.: C-28291 LOG NAME: 20STAFF EXTENSION CONTRACT BGE INC SUBJECT: Authorize Execution of a Professional Services Agreement with BGE, Inc., in an Amount Not to Exceed $1,500,000.00 to Provide Full-Time Project Management Staff Extension Services for a Performance Period Up to Twenty-Four Months for the Transportation and Public Works Department (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Professional Services Agreement with BGE, Inc., in an amount not to exceed $1,500,000.00 for project management staff extension services for a performance period up to twenty-four months for the Transportation and Public Works Department. DISCUSSION: The proposed Staff extension consulting services will be utilized to meet current and projected capacity needs and based upon projected workload. The not to exceed budget allows services for up to a twenty- four month performance period providing needed resource capacity to manage the current and growing volume of transportation capital improvement projects. The staff extension will be fully-integrated into the City's Capital Delivery Team. A critical element to meeting the expectations of cost-effective, value-driven, reliable delivery of projects is resource capacity. The Department of Transportation and Public Works (TPW) is currently managing the delivery of the 2014 Bond Program along with numerous additional projects advanced through CFAs and other funding sources. Staff extension will provide a manageable resource plan to meet current and expected demand for capital delivery services over the next 24 months. On May 1, 2017, TPW issued a Request for Qualifications (RFQ) to a list of seventy-seven pre-qualified consultants, created through a prior City solicitation for professional services in January 2017. Eleven responses were received and evaluated. BGE, Inc., was selected as the firm best qualified to provide project management staff extension services. Funding for this work effort is included in each of the projects that are assigned, no new money is being assigned/appropriated. M/WBE OFFICE: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the MWBE Office, in accordance with the M/WBE or BDE Ordinance, because the purchase of goods or services from source(s) where subcontracting or supplier opportunities are negligible. This contract affects ALL COUNCIL DISTRICTS. Logname: 20STAFF EXTENSION CONTRACT BGE INC Page I of 2 FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that funding will be available in various capital projects utilizing the Professional Staffing Services Agreements from various capital funds on a project by project basis. It is the participating Department's responsibility to verify the availability of funds prior to the use of these services or the expenditure of funds. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department ccoun Project JProgram ctivity Budget Reference # rn ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Kim Arnold (2252) ATTACHMENTS 1. 1295 bge.pdf (Public) 2. MWBE Waiver BGE Inc. pd (CFW Internal) Logname: 20STAFF EXTENSION CONTRACT BGE INC Page 2 of 2