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)
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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"&
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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-
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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
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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