Loading...
HomeMy WebLinkAboutContract 48763CITY SECRETAR� '� �,� CONTRACT N0. J CITY UF FOIRi WOF�1"H, T�,�CA� S i ARlD�R� AGREE�iiE�lT FOR Et�GiNEERING RELATED PROFE��IO�lAL �ERVIC�� This AGF�EE1/IENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and ��imley-I-lorn and Associates, lnc, au�horizecl to do business in Tex�s, (the "ENGI�JEER"), for a PROJECT generally described as: Heri�tage Trace I�oundabout Project M�n�gement and Construction Phase Services. �lrticl� 1 Scop� �f �ervic�s �i-he Scope of Services is set forth in Attachment A. Ariicle i9 Compensation The ENGINEER's compensation shall be in the amount of $87,800 as set forth in Attac�ment B. Article III Terms o# Pa�ment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) i he Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. �2) (3) (4) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. In the event of a disputed or contested billing, only that portion so contested City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 1222.2016 Page 1 of 17 s�FFICIAL RECORD CITY SECRETARY FT. WORTH, TX `y,' ��EIVED ; f�;; , � �-> �i? 11 will be withheld from payment, and the undispufed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolv�d. (5) If the CITY fails to make paymerat in full to �NGINEER for billings contested in good faith within 60 days of the amount due, fhe ENGINEEI� may, after giving '7 days' writt�n notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of sus�ension of se�vices, the ENGI�IEER shall have no liability fio CITY for delays or damages caused the CITY because of such suspension of services. �irticle i1! �b9agafi�ros of �he E�egine�r Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. �. Standard of Care The ENGINEER shall perForm its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsu�face investigations in connection with design and engineering work to be perFormed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and ;nvestigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12.222016 Page 2 of 17 (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observa�tio�s, ex�loration, and investi��fions have been made. Because of the inheren�t uncertainfies in subsurfac� evaluations, changed or �.ananticipatecl underground candition� may occur that could affect fihe total PROJECT cost and/or execution. These conditions ar�d cosf/execution e�Fecfis are not the responsibility of the EN�Ih1EER. CJ. Pre�►�ar��ti�n c�f E:n�ineering �r��vi�gs The ENGI�IEER will provide to the CITY th� original drawings of all plans ir� ink on repraducible mylar sheets and Plectronic files i� .pdf formafi, or as otherwise approved by CITY, which �hall become the �roperty of the CITY. CITY may use such dr�wings in any m�n�er it d�sires; provided, however, thafi the E�IGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's 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, msans, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the e�ent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between ClTY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12.22.2016 Page 3 of 17 discover latent defects in the work or ofiherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) 1/�lhen professional c�rtification of pe�forman�e or characteristics of materials, systems or ec�iaipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEEf� shall be entitled �o rely upon such certification to establish m�ferials, systems or equipment ancl p�riormanc� crifie�i� to be required in the Contract Documents. ��. C��inion� of Proi��bl� C�sfi, Finar��iai Gor��i���•a#io�s, a��i �chedule� (1) The ENGI�IEE� shall provide opinions of probable costs based on the current �vailable informatioi� at the time of preparation, in accordance wifih Attachment A. (2) an providing opinions of cost, financial analyses, economic fieasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the EP•IGINEER to the CITY for periodic construction progress payments to the construction coniractor wili be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINE�R has made an examination to ascertain ho�v or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security intere�ts, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that City of Fort Worth, Texas Standard Agreement for Engineering Related Desig� Services Revised Date: 1222.2016 Page 4 of 17 affect the amount that should be paid. �1. Record Drawings Recor� drawings, if required, will be prepared, in part, on the basi� of information compil�d and furnished by others, and may not always represent the exact location, type of vari�us components, or exact manner i� which the PROJECT was firially constructed. The ENGINEER is not r�esponsible ror any errors or camissions in the information from others tl�at is incorporated into the record drawings. I. �llin�rity Ba.��i��t��� �E�d �r�all �►i.rsin�ss �rai�.rpri�� (M�E)�5�3�j partic'spatia� In accord with the City of 1=�ort Worfih Business Uiv�rsity Ordin�nce No. 20020-1?_-2011, as amended, the City has goals forth� participation of miriority business enterprise� and/or small business enterprises in City contracts. F_ngineer acknowledges �he MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CiTY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements h�reunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequat� and appropriate work space, in order to conduct audits in compliance with the provisions of this article City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12.22.2016 Page 5 of 17 together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by th� CITY. The CITY �gr�es ta reimburse Ef�IGINEER for the cost of copies at the rate published in the Texas Administrative Code in �fr`ect as of the time copying is performed. �. l��l�1�A��� (1) ENGlNEER'S INS�JRANCE a. Commercial General Liability — th� ENGlNEER shall m�ir�tain commercial general liability (CGL) ancl, if necessary, commercial umbrella insuranc:e with a limit of nof less than $1,000,000.00 per each occurr�nce with a$?_,000,000.00 aggregate. If such Comm�rcial General Liability insurance contains � general aggreg�te limit, it shall apply separately to �his PROJECi or locafiion. The CITY shall be included as an insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-o�vned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12.22.2016 Page 6 of 17 ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbr�lla liability insurance obtained by ENGIfJEF_R pursuant fio �thi� agreement or und�r any applicable auto physic�l damage c�verac�e. c. Workers' Compensation —ENGINEER shall rr�air�tain workers compensation ancl em�loy�rs liability insuranr,e and, if nece�sary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bo�ily injury by disPase, wi�ri �500,000.00 �olicy limifi. E�IGINEER waives all rights against �the CIiY and its agents, officers, directors and employees for re�overy of darnages to the extent fihese damages ar� covered by workers compen�ation and �mploy�r's liability or commercial umbrella insurance obtain�d by ENGINEER pursuant to fihis agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12.22.2016 Page 7 of 17 document�tion hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage sh�ll be provided to the CITY. A ten (10) day� notice shall be acceptable in the evenfi of non-paym�nt of prernium. Notic� shall be sent to the respeciive Depa�tment Director (by name), City of Fort Worth, 1000 Throcl<morton, Fort Worth, Texas 16102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a rninimum rating of A:V or greater, in fhe current A.M. Best Key Rating Guid� or have reason�bly equival�nt financial strength and solvEncy to fhe satisfaction o� Risk Man�gement. g. Any deductible or self insured retention in excess of �25,000.00 that would change or alter the req��irements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the C ITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractua! agreement. The certificate of insurance shall state both the retroactive date and that the coverage is clai ms-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12.22.2016 Page 8 of 17 m. Sub consulfiants and subcontractors fo/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonabiy equivalent insurance coverage as required for the ENGINEER. When �ub consultants/subcontractors maintain insurance coverage, ENC�INEER shall provicle CITY with documentation �hereof on a certificate of insurance. L. Indep��c���t Cor�sultant The EriGINEEFZ agr�es to perform all servicEs as an independent consultant and not as a subcontracfior, agenfi, or employee of the CITY. The doctrine of r�spondeat s�perior shall not apply. �ll. �i�cla�ure The F_f�GINEEI� acknowledges to fihe �I fY that it ha� made full disclosure in writing of any exisfiing conflicts of interest or p�tenti�l conflicts of inter�st, including personal financial interest, direcfi or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. fV. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permiffing Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware cf, the ENGINEER sha!! notify the CITY of such changes and an adjustment in compensation will be made through an City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12.22.2016 Page 9 of 17 amendment to this AGREEMENT. P. Schedule E�3G�N�ER shall manage the PROJECT in accord�ncc� vviih the schedule dev�loped per Attachment D to this AGREEMENT. Oblig��ion:� ��'tf�e Ci�y Amendments to f�rticl� V, if any, are includ�d in �ttachment C. �4, (�i�y-�urrai>hed �ata ENGINEER may rely upon the �ccuracy, timelir��ss, and completeness of th� information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's perFormance of its services. The CITY will perForm, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Adve�tisem�n#s, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. `f imely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and fi�ancial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12.22.2016 Page 10 of 17 E:. F'rompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timir,g of the ENGIf�aEER's s�rvices or of any defect in the work of the ENGIN�ER or construction contractors. �. Asbesfio� or 6�a�ar�lc�us Sub�tarice� F�ele�se. {1) C�TY �cknowledges Ef�GINEER will perfiorm part of the work �t C1TY's facilities that may contain hazardou� materials, including asbestos cantaininc� materials, or co�ditions, ancl that ENGIN�ER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associ�ted risks that may �ive rise to claims by third parties or employees of City, City hereby releases ENG9NEE1� from any damage or liability related to the presenc� of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemr.ification and Cla�ms The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. I�. Contractor Claims and Third-Party Benefiiciaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services perFormed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGRF�MENT gives no ri�hts or benefits to anyone other than the �I�`Y and the ENGINEER and there are no third-party beneficiaries. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12.22.2016 Page 11 of 17 (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (A�) �lofhing containec� in this Section }�. shali b� construed �s a waiv�r �f ar�y right ti�e C1TY h�s to bring � claim against ENGINEE�. f���.���_ r - : « t � . n (1) Th� C1T`( may maintain pro�aerty insurance on certain pre-existing structures associated with �he PROJECT. (2) The CIi1' will ensure that Builders Risk/Insiallation insurance is rriaintain�d at the replacement cost value of the P�OJECT. The CITY may provide ENGINEER � copy of fihe policy or documentation of such on a certificate of insurance. (3) The C(TY will specify that the Builders Risk/Installafiion insurance sh�ll be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Ghanges The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Articte VI General Legal Provisions Amendments to Article UI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12.22.2016 Page 12 of 17 receipt of a written Notice to Proceed from the CIIY. �. Reu�e of Project Documents All designs, drawirigs, specifications, doc��rrrents, and other work products of the ENGINEER, whether in hard copy or in �lectronic form, �re instruments of service for this PROJECT, wi�ether the PROJEC7' is completed or not. Reuse, change, or alterafiion by the CITY or by ofhers acting through or on behalf of the CITY of any such instruments of service without the writfen p�rmission of the LNGINEER will be �t fih� CIT'�'s sole risk. The CITY shall own the final designs, drawings, specificatior�s and documents. �. For•ce IVB�,je�re The E�NGINEER is no�t respo�sible for damages or c�elay in performance caused by acts of God, siri{<es, lockouts, acciclents, or other events beyoncl �he control of the E�IGINEER that prevEnt ENGINEER's pe�farmance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated a.) for convenience only by the City on 30 days' written notice. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperFormance within 5 days of written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for conv�nience so that the work effort is suitable for long time st�rage. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12.22.2016 Page 13 of 17 (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval wili be obtained in writing prior fio proceeding with terminafiion services. �. �u���n�i��n, L�e��y, �sr InterrUp�ion t� 9���^6� The CITY rnay suspend, delay, or interrupt the ser✓ices of fihe E�1GIN�EF�Z for thE convPnienc� of the CITY. In �he event o�F such suspension, delay, or interruption, an Pquifi�k�le �djustenent in the PROJ�CT's schedule, commitment and cos� of the ENCCINEER's personnel and subcontrac�ors, and ENGINEER's compensation will be made. �. irrdemnifl�atio� In a�co��lanc� with 'Texas Lo�al t��ver�rnent Code �ecfia�n 27�.9i��, fihe EIVC�i�I�ER �hall i�d�rr�raif�/ �r hold harrr�less �he C�TY ag����t lia�ilii:y fo�° any d�mage cornm�ited by t�� EP�CaI�1�ER or �.�IG1�9EER's agenf, consultani under contract, �r another entity over which ihe E�GiN�ER exercises control, other than liability for damage to the exteni 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 �easonable attorney's fees in propo�tio� to the ENGINEER's liability. G. Assignme�t Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for �niillful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. �. .iiiilSCiiCtit3li The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and perFormance, and any other claim� related te it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12.22.2016 Page 14 of 17 TExas. J. Severability and Sur�ival If any of the provisions contained in this AGF�EEMEIVT are held for any reason to be invalid, ill�gal, or ur�enforceable in any respeci, such inv�lidity, illegality, or unenforceability will not affeci any o�ther provision, �nd this AGREEiV1ENT shall be construed as i�F such invalid, illegal, or unenforceak�le provision had never been contain�d h�rein. Articles V.F., VI.B., VI.D., VI.F., VLH., and VLI. sh�ll survive termination of this AGREEMENT for any cause. �C. f�bs�rve �n�1 �C��ply CNGINEER shail at all fimes observe and comply with ail fed�ral and State laws an� regulafiions and with all City ordinances and regulations which in any way affect this AGREEMENT �nd the work hereunder, and shall obsErvE and compiy with all order�, laws ordin�nces and r�gulations which may exis�t or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Form 1295 Certification No. 2016� ��� �� Article VII A#t�chms�ts, Schedules and Co�nterpa�-ts This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This Agree�ent may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A- Scope of Services Attachment B — Compensation Attachment B-1 — Engineer's Invoice Attachment C- Amendments to Standard Agreement for Engineering Services Level of Effort Spreadsheet Attachment D - Project Schedule Attachment E - Location Map City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12.22.2016 Page 15 of 17 Duly executed by each party's designatecl representative to be e�FFective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT �11,�OR�H �� � Jesus J. Chapa � Assistant City Man.�ger �ate: � a � �1 � A I� I� : 'AL ��ECC��/IMENDED: W. � Dougl�s �N. 1/Viersig, P.E. Director, Department of T nsportation and Public Works 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. . Wilma J. Smith, P. . Project Manager F� BY: Ef�lGiNEER Kimley-Nori� and Associ�tcs, Inc ��� � � �� � �cott R. �rnold, P. E. �ssistanf Secretary Dr�te: Z�LI ��° (� City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services �FFICIAIL RECOR� Revised Date: 12.22.2016 Page 16 of 17 CITY $ECRETARY F7". WORTH, TX APPROVED AS TO FORM A�1D LEGALITY By�-- — — DougEa� W. Black Assistant City A�ttorney ATTEST: J City � � � �� ► _w' �' �� !�t �er � .���. �Z � ''�� i0, ..� �d�� _, City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12.22.2016 Page 17 of 17 Form 1295 No. 2016- �'�g Z6 M8�C fVo.: C-28099 .-- ----� M&C D�te: Februarv 7, 2017 � �FFICIAL RECORD t�ITI( SECRETARY FT. WORTH, TX Al'T��HM�NT "A" Scope for Enqineering Desiqn Related Services for Heritage Trace Parkway Roundabout - Proiect Manaqement and Construction Phase Services The scope set forth h�rein ci�fines the work to be perform�d by the ENGI(elE�R in completinc� the project. Both tr�e CITY and ENGINEER have aftempted to clearly define the work �o be performed and address the n�eds of the Project. C7E3JECTiVE The objective of this project rs to provide project management construction phase services for the construction of the Heritage Trace Parkway and Tehama Ridge Parkway Rounda,bou� project. 1. PI�U»/ECT MA,NAGFMEt�IT 1:�3N�TRUC'TI�N Ph���� S�P.VI�C��. ENGINEER will provide project management services for the construction phase of the project as follows. 1.1 Weekly Site Visits a. ENGINEER will visit the site on a weekly basis to observe construction activities. 1.2 Road Closures a. ENGINEER will prepare the M&C for any road closures exceeding ten (10) days. 1.3 Communic�tion Plan a. ENGINEER will prepare a Construction Communication Plan detailing procedures for communicating between Project Delivery Team members and Contractors. 1.4 Propertv Owner Coordination a. ENGINEER will meet with concerned citizens and property owners as needed during construction. 1.5 Shop Drawinq and Submittal Review a. ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. The ENGINEER shall log and track all shop drawings, samples and other submittals in Buzzsaw. b. The ENGINEER shall submit shop drawing review comments to City staff for review and approvaL City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 1 of 4 1.6 RFI Coordinati a. ENGINEER will review and recommend approval of change orders submitted by the Contractor. 1.7 Change Order Reviews a. ENGINEER will review and rec�mmend approval of change orders subrnitted by the Co�tractor. 1.8 Inier-Departmental Coordination �. ENGINEE�R v�ill coordinate with the TPW depar#men� as necessary. 1.9 Council / CMO Coordination a. ENGINEER will coordinate with thE City Council and CMO as necess�ry. 1.10 Invoic� Review and Construction Pav RecLiEsts a. ENGINEER will review pay requests submitted by the Contractor every two (2) weeks. E(VGINEER will coordina�e with the City Inspector to field verify quantities installed. 1.11 Project Documentation a. ENGINEER will update the BuzzSaw and One Note folders. b. ENGINEER will coordinate with inspector to document all working days and daily activity logs. 1.12 Schedulinq a. ENGINEER will update the construction schedule as necessary for the monthly dashboard updates. 1.13 Franchise Utility Coordination a. ENGINEER will coordinate with Kevin Bruton and the Franchise Utility companies to follow the status of relocations 1.14 Material Testinq Coordination a. ENGINEER will coordinate with the material testing company and the Contractor to ensure material testing is completed. 1.15 Project Acceptance a. ENGINEER will coordinate with the City Inspector to verify all items on the punch list have been addressed. b. ENGINEER will review and recommend approval the Contractor's final pay estimate. c. ENGINEER will coordinate with the project finance specialist to close out project. 1.16 Liahtinq Task Oder Contract Manaqement Coordination a. ENGINEER will manage the Illumination Task Order Contract for the installation of the lighting. The ENGINEER will perform bi-weekly (every two weeks) site City of Fort Worth, Texas Attachment A PMO Release Date: 02.06.2015 Page 2 of 4 visits, attend construction coordination meetings, invoice review and process pay requests, and prepare status reports. 1.17 As-Built Survev a. CNGINEER will coordinate with the surveyor to conduct the as-buiit survey. b. Upon final compietion of the proposed construcfion on the project, the surveyor wili perForm an on the ground survey of the property under the direct supervision of a Registered Professi�nal Land Surveyor. I_ocation of perman�nt improv�ments on, �nd immediately adjacent to, the roadway. Spot elevations on a 50-foot grid. �ontours on one foot intervals. Top of pavement and/or curb elevations r`or paving. Locations of visible utilities and appurtenances. Flow line elevations of storm sewer systems. ASSUMPTIONS • Thirty six (36) site visits are assumed. • Twelve (12) Requests for Information are assumed. • Twenty (20) submittal reviews are assumed. • Four (4) Change Orders are assumed. • CITY staff will perForm the following tasks: — Inspection services — Prepare punch list — Material testing — Review and approval of shop drawings, RFIs, pay requests, and change orders DELIVERA�LES A. Response to Contractor's Request for Information B. Review of Change Orders C. Final Punch List items D. Communication Plan City of Fort Worth, Texas Attachment A PMO Release Date: 02.06.2015 Page 3 of 4 ADDITIONAL SERVICL=S NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existinq Sco�e of Services — CITY and ENGINEER agree that the follo�niing services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide thEse services, if needed, upon the CITY's written request. Any additional amounts p�id to the ENGINEER as a result o� any material change to the Scope of the I'roj�ct shall be agre�d upon in writing by both parties before the services are perFormed. 7"hese additional services include the following: � Negotiation o�f easements or property acquisition. � Services related to development of the CITY's project i�inancing and/or budget. a Services related to disputes over pre-qualification, bid protest�, bid rejPction and re-bidding of the contract for construction. � Construction management and inspection services o PerFormance of ma�terials testing or specialty testing services. = �ervices necessary due t� the defauit of the Contractor. � Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement �nd inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • PerFormance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth, Texas Attachment A PMO Release Date: 02.06.2015 Page 4 of 4 � _ t�rl,-�_. � • � ' � Fieritage Trace Parkway Roundabout - Project Manag�ment and Construcfion Phase Services Gity Project No. 02529 Time and Materials uvith IZate Schedule Project Cor�pensa�ion A. The ENGINEER shall be compensated in an hourly, not-to-exceed amount up to ��7,800 per contract term unless amended for personnel time, non-labor cxpenses, and s�abcontract expenses in performing services enumerated in Attachment A as follows: i. l�ersonr��l �im�. Personnel time shall be compensat�:d based upon hours worked directiy in penorming the PROJECT multiplied by the ap�ropri�te Labor Cateqory Rate for the ENGINEER's te�m member perForming the work. Labor Cate�orv Rate as presented in tP�e rate schedule tabl� below is the rate f�r each labor category performing the work and includes all direct salari�s, overhead, and profit. Labor Category Rate ($/hour) Project Director $230 Project Manager $200 Project Engineer $150 EIT $120 CADD $95 Administrative $85 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 effo►ts to complete the work within the budget for each Task Order and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 1 of 4 : �4Ti'I�C�raM�Nl' !3 COI'��E(V�ATION 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 n�cessary services that the PROJFCT cost presentEd in Article 2 of this Agreement will be exceeded, whether by change in scop� of the project, incr�ased cost5 or other conditions, the ENGI�IEEI� shall immediately report such fact to the City and, if so instructed by th� City, shail suspend all work hereunder. When any budget has been increased, ENGIN�ER's excess cos�s expended prior fio sucf� increase will b� allowable to the same extent as if such costs had been incurred after the approved inc;rease. B. Tne ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. IIe Methocl of F�aym�nt A. The ENGINEER shall be paid by ihe 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 for each Task Order. D. Payment of invoices will be subject to certification by the City that such work has been perFormed. III. Progress Repo�ts 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 O�cial Release Date: 8.09.2012 Page 2 of 4 � �,��r�,cHnn���- � �UMPE(V�ATI�N IV. Surnmary c��fTotal Project Fees Firm Primary Responsibility Fee Amount % Prirre� Consult�r��t Kimley-Horn and Project Management and $80,400 91.6% AssociatEs, Inc. De�ign Services i'ropos�d MBE/��3E Si�b-Consul#an�s Gorrondona & As-Built Survey $5,000 5.7% Associates, Inc. CMJ EnginE�ring, Inc. Geotechnical Engineering $2,40() 2.7% Non-�/IE3�/v�� Con�ultant� f N/A � TO�"AL $87,$QO � 100.Q% �r�jert N�n�ber & Narv�e �atal Fee I�IBE/��E F�e ������� /o 02529 — Heritage Trace Parkway and Tehama Ridge Parkway Roundabout �87,g00 $7,400 8.4% Project Management and Construction Phase Services City MBE/SBE Goal = 8% Consultant Committed Goal = 8.4% City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 3 of 4 : EXHIBIT "E3-1" ENGINEER INV�ICE (Supplement to Attachment B) City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.092012 Page 4 of 4 � N U .� � � � f� � � � �a VI � � U � � C O U � � � C a� ui � n p� L � c �� E � U N v � m L c n- � � �' � u p v � a` � C � O N � � T � � a' � � Y � � c �- � � U � � G.. ~ � 8.1 (6 V �L m •� � N � = O � fC C O � .� � � '� •� a` O O �, a a`. � c 0 2 N c c :° c U m E Z � y U v s 0 d u �o � � 9 a � A N � m' N N ai N O U a � md' a > w N N pj U W � — O '' a` o c U t N, „ 3 U � �o a � o � � °, � C y CJ C t � U N O � � X � L � � O � � O N U !� S E v� � �' E � V � � �' ��o o in o ���� v � � � E U � r�i � O � � u� m m m N N N '6 N a c Q o - mr . Q .� � � X aEiOHLLL v � rn r N H � m 0 0 � � m m � n: N N N � a Q �E � � � � � Q � m d c o `o E = v m � � � Y fn N � � � # � ca a�� Z N ,o � � � - > � ni m � m � � � o„ �od❑°'� � N '6 � E � U c c >, 0 0 'o J ci>au.� � 0 0 � o C N m �C V C m .� � � E fC � m C � � U � O 3 > U � � >' U j � O C > _ � EA �_ c +� c U U7 � Q a `n � � 7 � O Q E N ¢ O c y a £��� 7 �` d � 0 � Qa C dI C � > a o c � �a Q a C � � � m E � � � o � d � �, Q a c O Q .L U N d � � a � H � 0 � � � z C � N v U � Q a L1- c 0 I N 2 O U c- N M V u� N N W N N N '�"� a T T T T T 41 H Y H I- F- F � � � � � : � 3 3 3 3 3� o� 0 0 0 m � OI oi � 1 � o� 0 0 0 m � +� N d 7 a d � c v E a �a a � L H N c6 d I--� � O �n O co u� v> h M M M <`] U c N N O Q � O 2 T L Y V � � � O M � � N N � m � o ~ m � O � 0 N L7 m c'n m � w 0 � 0 o ci z z R U � � d U y .O � V >� a � o . c � 'o — m r a` � C 0 U d E m >E > N � C N �C U � �o a � U m d y .. d � 0 i � � F 3 O c Z LL o U p �a a �6 o m y U a � a U � O 0 t N � m @ 0 0 E E � � � � � N i v � G � � � •o 'ro L av !n V1 m m > > 0 Q UU � �, > o m` a` � .. a� � � � L m a � C � O 0 � � T N � C � O � U a � C N N N � F`- � d v m Q N � = C N N S � d .o a v. O � Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � o 0 0 0 0 0 0 0 0 0 0 0 0 0 _ �r, F»u3 F»E»s�s�E»e3v,v,e3ssu, O E Q 0 0 0 � 0 0 O � N 0 F- o� o� o� � U � `m � @ m O c � o 7� � � C O o U � ms `m c � O � U S U 3 � a 0 � O Q � Q! d Q X w O s N O Z 0 0 0 v� 0 0 0 � W U � � z � _ � W � ❑ J � O F � Q� U m 'j � L�1♦ O �V/'/'� U v/ N 'Q � c (LS �` � q O s �a � >, � r � a O ° c > m "� ` 3 U a � a �L N }� U � �n '� m � C 'C � � U �" � A� � � O C a u c� £ � • �d -�--� U '� 'o � a w W > a � W N N � L W d y N a a, • v� � c � a` 16 � ;� �o o c E C c � � t � (� O U y .3 . � � y U ' � W N �a-+ VI y j "4 m � _ � =w _ � _ A . � v � � � O ;: °.' o ° nL — Of >. — N LL N C G y c ^� c a � U ii � U O � � � C � � � � T � � � N N Y U LL L '> � � � � U N � � r � � a a = a� � � � � v � � L N N L � � O '�^ = o U v! � U .. .. � � Q � O �o � 'y � � � 3O (n �.: � t]. Z N � � � F N N O O°'YvNL s.. s.. �'`oa�'� � d U�tiUd ti c v m Q Q a � _ N E Y � E fC Z N 0 r � 0 � LL O N E � 0 0� � � � � mV E � � � � ���o o ^ � � � � N d � N � U M M � o � � cn m m m � N '6 N '6 C Q o _ m L . Q N .� N E `� N N N O F- It 0 V � � m r m � m 0 0 � � � rn m O a � N N � Q .� � �� ss ss 0 0 m m � � � Z � N d V � �' 'o a�, � C > Q.' N i0 � C C � � 7 p N � +�-' N � V ����o�o O d N Q p> U> a LL H � 0 0 � o C N ro 'C U C m .� � � E N dm � � d � U ;_ O '3 � U t- d - U j � O C � � a` c -Y d c U d d � a C � O d E � Q 0 C � o N o E �„a3w d O p � rn � Qa C v= -�a � � O N Q e Q � d � � s c � £ Z Q O O C � v �� E � � � � � d Qa m Z � m t 0 j U m � oa U 0 N > � N � � o � � � o � U � � m o� 0 0 0 m � o r o � � N r Q � f/) � � � ++ C a� L d a L Q% � O OI �1� Y � � N i H N � 0 � �1d � N � N t O � 0 � Y L Q Q W � � t- m N > d J N � V i a� � � N fC L n. C O v 7 N � O U � � � � � � C c6 � �o-+ U N .O B. � U 7 N c � U rr V d O 0. .F+ 7 O � � � c � 0 � d U t3 LL r � � f� = .� d 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 @ lD a O O O N o o O o O O O o O o O O O fD � O CJ N N 1� �-- � u� (O � U N1 c- N N(O W O N O F 1� ��� 7 O� M N� M N N 7� r- � t9 (O !� � W � EH ElY EA EA fA fA EA U) fA fA u3 W 69 EA f%3 fA VT N � H y o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 y N OO 69 69 EA fA ffl EA EA EA EA fA 69 fA O� if) fA ER � N C N oi N �fJ Oi O. N V� Vj E9 EA tR X � W V N O F- � o 0 0 O N N N � ti � � u � a 0 v � a o 0 0 0 0 0 0 0 d ' � " > sv v> sv m y I- aCi � o 0 w V av � m .. � m � �0 Z o� � o 0 0 0 � o 0 0 0 " �:r v o v j W n N N r cn m :f � � ' � O O O O o O G O O p o O C7 O tJ O O O o O O � 7 O O O fV O OIO O O O O G O O O O 00 d' � mr> W corc--v>�oco or'>�c�•-�oa000 c� JN 1� M�� 7 O V M�� M N N V M � t0 I� � 1� fA � W V! V! V? KT tA fA tA k9 EA 1� ia U v3 w �» tn cri O H �n o 0 � > � N �� � � N a o '� 0 � Z a � V �n o 0 � O � O Q � U +�'+ N v c�v N � a U � � � 3 w 0 t � O N O O V O O(O N O(D o O V N 9 �q N u1 � N N�- N�- N IV U O1 N J N W V3 ,� C O "- a` � w O t0 O V' 1" (O t0 � O(O V (D V t0 t0 CO 00 V' O tD � 0 1� N M r V G! N d � .� N O C a` c6 s o I c� m v v � M U O � N V � i a p N w � N O � F' 6 C N N T � E N � � C � lD O G M � o- C c � N a N � C � � � � � C � U � � � 'O C O +`.. a '� � I N N (0 C.0 C� � C O � C � O � � M C O(n O N U� U Z O � U 1� (�d (6 p �'j (6 O II p � N� �o �a w a U�O m o� c U � a I-� L "�n N C�(0 O�' � U�i � - C J"0 O T d�� N� C m C N E� N a — Y� c m� m 3.c 'o r�>-o � � in .-, � m i � F-in o'c� ��O �U� �� c NF�-�� ��cn I `` Y a �� Q� o� � � U v�i cn � �� Q u��3 N � O O� L N L«� O�� j U��'N �p m m O O�� U d(n � U C U �� 00 ln L� � � d J Q U U C � O � N M V' N(O i� 00 Y � N M'V �(D I� N aJ N � � O N � N Q O Q N � U% O C ap � N y W � X p � H j N N L J N � � o � � � m � o N � � � 0 O � T N � U Q a. Ci�AN(;[oS d�►tVD AIVIEfVDMENT'S TO STl�Nf�AF�C� AC�F�EEIViGNi Design Services for Heritage Trace Parkway Roundabout - Project Management and Construction Phase Services City i'roject No. 02529 No changes to the Standard �lgreement. City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of 1 ConsultingContractScheduleSpecifications FORT WORTH City of Fori Wotth Capital Improvement f'rogram � Attachment D - Project Schedule Tltis PROIECT rec��ires R Tie��� III scl�iedi�le ns cle{ined ltereia2 mici irl tlie Citt�'s Sdtedi�le Gi�ic�n�zce Doclu��telit. D1. CONSULTING SERVICES SCHEDULE DEVELOPNIENT: The CONSULTANT shall prepare schedules for consulting services that meet the requireinents descriUed in this specific�tion, showulg by Criticll Path Nlethod (CPI��I) the planned sequence �nd timitlg of the Worl< associate�l with tlZe Agreenlent. All submittals shall be subinittec.� uz PDF format, and schedule files shall also be subniitted in native file forinat (i.e. file forinats associated with the sclzedul�ng software). The approved schedttling software systems for creating the schedule files are: - Primavera (Version 6.1 or later or approved by CITY) - Priznavera Contractor (Version 6.1 or lal-ez• or a�provecl by CITY) - Nlicrosoft Project (Version 2003/.2007 or later or approvec,� Uy CITY)(PHASING OUT) D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice-to-proceed, the CONSULTANT shall c�evelop, submit aYzd review the draft detaileci baselule constiltuzg services schedule with the CITY to demonsh�ate the CONSULTANT's tmderstanding of the Agreeinent requirements and approach for performing the work The CONSULTANT will prepare the fu1a1 detailed baseline consultulg services schedule based on CITY comments, if any, and submit to the CITY no later than the submittal of the fu st project invoice. The followulg gziidelines shall be adhered to in preparing the baselule schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown shucture (WBS) representing the tasks, subtasks, and activities associated with delivering the worl<. b. The schedule shall accurately describe the major worl< activities, 1<ey milestones, and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points, including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare ancl subinit monthly to the CITY for ap��roval the upclated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Doci.iment inchisive. As the Work progi�esses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following, if appropriate and applicable: • Changes u1 the critical path, • Expected schedule changes, e Potential delays, • Opportuiuties to expedite the schedule, • Coordination issues the CITY should be aware of or can assist with, City of Fort Worth, Texas Attachment D PMO Release Date: 02.15.2011 Page 1 of 2 o Other schedule-related issues that the CONSULTANT wishes to commurucate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accoinplished falls behind that schedr�led due to factors within t11e CONSULTANT's control, the CONSULTANT sha11 tal<e stich action as necessary to improve the progress of the Work. In addition, the CITY ma�T require the CONSULTANT to sirbmit a revised schedule ciemonstrating tlie proposed plan to mal<e up the delay in schedule progress and to ensure colnpletion of the Worlc within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIOI�?S: The requirements for the sclled�lle are determined based on the nahxre and needs of the project. The scheclule tier for tlus project is statecl at t11e to� of this docuinent. �ONSULTANT shall submit each schedule relying on the CITY's current Schedi�le Guidance Document. D6. SCHEDULE SUBIvIITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D. CONSULTANT's monthly invoices will nat be accepted and processed for payment without monthly schedule updates that are submitted in the tirne and manner required by Attachment D and the CITY's current Schedule Guidance Document. City of Fort Worth, Texas Attachment D PMO Release Date: 02.15.2011 Page 2 of 2 �'roi��t M�n �� ; , -. � �.�i ' �� ' � ..�' • . . . . �� . fe- �� � l�T. �1i��aY� E��� `L .Y,. `� , ';+7I � � ,�' ' �'� � �lJf : w � � `� ��V � ��; . � yyy _ i e�-.- �� .'F � . ' I � ���� `� � ; .� �_ .�` : �ti. � I � I - .r i ' � . �s+� � . �Y � .:,. ' �, �,���� � i � f _- � � � �� } S �: �,� :� � i p. � . ��� w.--�'r '�. � �. . :`-. R`�R . .i`�- 0 �.��C,AT� C� �J ��11��►,� �leri�tag� �T�race F�aund���o�a�s agem�nf �n� Cor�stru�ti�� Pha�e �ervices �- - - - r f +�� „` . . � r ' �'� � : i �,`��� w �.+; � � a ' � ` i � �"�' �d"+ ,y„y� P ,. � w� �i � :� .,: r �': ao , 4. � _ ..,�'� . t � w �� � �� , � q7 l `�� � {7 A�� }��g�... t:a 1 s a. � � � ;_i. ,{a�r. � yny7n e t3�" '�-�, + � i. . s - ��.���_�!3�.�� � +... . ` 1 �!� ��: �r '� � • :. y► ... _ -� };: . a � � `'��$ln_ i .. �r R w n,A r / ..jsaF F � .i r- . .` T � . �`�: � t.�� .i =§ iF y ` ` 4' t ` . � � v���� � f �' 2 � . � �,n r .�. ' � +1 ' ' % ���rt t.� , tr. � � ti �+ _ � : e,A$� 3p ��_ i - .� • `�'Y� � -. E..�� ., sc u� i _� i ' , i i :. � �:� �{ �=�c . aa �:: �� ��-S�� � , . .: C 'T �+�8� . _ � �y e � � �I � � � j� t �C' t .'#f ._ � f3 .. } Y.� �-. re - .a , _ - r_ . .. �"; t�� {. � � !' . .. �[i•li�e�ma�[�[mIt � , � � . _ ��: . :��� t� t , � � f - + ,� , �y � � 0 300 600 900 � � � �� � t� � , �` � Feet � .. �°�'@' �t.'1�ii������tl e`i�; � . t ' ��� -���' � ' • � � � i� '� d j `1 , " �-�� � � „ a� i � = �>.�:: �+� "�i�`r��iE � �.{ ���y��,�4�: ; :�; ! � .� .,, � � `��. � � , = � , � . t;� � ��� ��'��, �� :���,: :„ '� �,�.� - _ :f � -a- }-,� _ ' ,,, ; = t �� �Y� � �+ �. )'t s . \ �\ � �.i�YA �.iift �- { �� t � � { � � t�y A Z t' :, .\ �� �. ���t.i� s-. `b:�f'.��-s7� i_ Iy ' � - .. �� , � O, � s�� ���-.. ir's�: r 1,�; � *i$ a:,,,y-.t 4+';��1� � s.[�3:�9�� �,`'y � ye -, �*g '� � r' _�'� �-='� t���x t y�`j� Q�Sii� , ��;•,, � �''° ,,/ � �� .. d . *.$���� Y:�.��, � .• ; p��eb��jJ - � i L � � � . � ..h f_ �t � �`�i � ; 'f`���-1. ." f OI .. _ .- . . i ', ,+�� f �,^�c . � , , ---� �'a . : . s't` ;�. -s��.4 �:7 ...� �� � . j � ' �� 9 " ►' e�,r r�4 ° � `r U • , ', � I } \C � t py S _ R �,��W :� � s,� . , _ .�- ��.'�`A� ."T � � � � � 1 . . .: � � .._.~a4s� t � �": , : � S., . { --�',, +�. N �,'. � ;�_� . i".'�� 4....��.$ ''� � - ` Heritage Trace � �° � �r �e�e �r�-f.`fi41:}'"�_yi °�`� aPkwty R�,'�}��� � r .it i �, a '.� f'�'�"°'" � ^a ��}E��ia.r�i l ��J�.. ::�"" • � �' �.� ! �� � . �,� }�,r� ,. ;ss -�� =' r "� � t 6y � .;�c "rt � 4 �;a► � �-� � } �� �� � � �.;�-•-, '�� �- :.�,� •i�►'+ i'Y� i - �ir "°� � ! r ;"� . � �. . �..�. � . bi` # . � ; 3. \ + �;ij v..� � �K'�� l t : � � �� ,i � �1 � � �af� ,� ��:�. �� �� , �r/�� lYts� % �y r � t#F} z q `i � r \ ( �� "�� S,� �',f ',ia7 � Y' ', �d�^' d �%.i j�'� E � . '�R � � �i�� y �A ���i� i €. LL� �� �{f-tj��� Y{� b ) � L��� Z - T�� +:� ��. �.` �'�,fr��-�.c "�O�<�,�1 �i�T�'S�A" l6 Y � F, � �'4 � � � ' �,� £ i � ,� �� � ,�. 1 y��.ib> 4.F }' �a j1 �. '��� ',.'��.� a.. � �—�—� ry' i�d.��.dd� H �� '�r �F . ���' �� W�P}'t � ���d��; � � . � T"� `� , �t �� ; � (��:a y "� F; �' �. �� ' { �r � � � � :�: �y' _ "� � � � � '� � ' ,� g '� '�- �,, ; * , �` . z �,A.� ��,, �_ � t�, ,�� ��� �' ,:: (.}Jy.��� � { j T �� � 1 � � ( , iTi � Ai � �3 � l � } 3 �� .. =t��.:K � . ;�,� 1 _ '' " �, .=�R+ ' ` 7 � ► ' �, � �� �;: ',a t ���°��� ,i f '���- _ . ' �:�tcti�.}i.:. �'� � t_ ;. �c 3. �:'�� _, ,��r��: •,._���_. �r6 Copyright 2016 City of Fort Worth. Unauthorized reproduction is a violalion of applicable laws. This product is for information purposes and may not have been prepared for or be suitable for legal, engineering, or surverying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. �'+�TY P ROJ ECT# 02529 The City of Fort Worth assumes no responsibility for the accuracy of said data. <<i M&C Review �ITY �O�JiVCIL �GENDA Page 1 of 2 Official site of the City of Fort Worth, Texas Fi) RT ��'0 RT 11 ��� COUNCIL ACTION: Approved on 2/7/2017 REFERENCE ** 20HERITAGE TRACE DATE: 2/7/2017 NO : C-28099 LOG NAME: CONSTRUCTION PROJECT MANAGEMENT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Professional Services Agreement with Kimley-Horn and Associates, Inc., in an Amount Not to Exceed $87,800.00 for Construction Phase Administration Services for the Construction of Heritage Trace Parkway and Tehama Ridge Parkway Roundabout Intersection (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Professional Services Agreement with Kimley-Horn and Associates, Inc., in an amount not to exceed $87,800.00 for construction phase administration services during the construction of Heritage Trace Parkway and Tehama Ridge Parkway Roundabout Intersection (City Project No. 02529). DISCUSSION: Kimley-Horn and Associates, Inc., will perform construction phase administration services to oversee the project. Kimley-Horn performed design services under a previous contract. This contract included design of the roundabout intersection improvements, however, did not include construction phase services. This contract will allow for construction phase services including weekly construction site visits, request for information responses, shop drawing and submittal review, change order review and response, and general construction coordination. The construction phase services will also allow for the headwall and culvert extension field change and will also include modifications to landscape and irrigation design due to the Home Owner's Association (HOA) and neighboring residents' input. The headwall and culvert extension resulted from the existing headwall which began cracking after construction activities began. This was an unforeseen field issue. Due to the existing headwall needing to be replaced, the City has decided to widen the culvert to allow for sidewalk. A portion of this project will include 2014 Bond Funds. Available resources within the General Fund will be used to provide interim financing for these expenses until debt is issued. Once debt associated with this project is sold, bond proceeds will reimbursement General fund, in accordance with the statement expressing official Intent to Reimburse, that was adopted as part of the ordinance canvassing the bond election and the subsequent actions authorizing the approval of the issuance of public securities. M/WBE Office - Kimley-Horn and Associates, Inc., is in compliance with the City's BDE Ordinance by committing to 8 percent SBE participation. The City's SBE goal on this project is 8 percent. This contract is part of an overall construction and design project totaling $3,891,700.00. http://apps.cfwnet.org/council�acket/mc_review.asp?ID=24240&councildate=2/7/2017 2/23/2017 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the 2014 Bond Fund within the Heritage Trace Parkway and Tehama Ridge Parkway Roundabout Intersection Project. Fund Department Account Project Program Activity Budget ID ID Year Fund Department Account Project Program Activity Budget ID ID Year Submitted for Citv Manaqer's Office by: Jay Chapa (5804) Oriqinatinq Department Head: Douglas Wiersig (7801) Todd Estes (5448) Additional Information Contact: Wilma Smith (8785) ATTACHMENTS HERITAGE TRACE TEHAMA RIDGE Rndbt 02529.pdf Kimley Horn and Assoc 2016-08-13-CPN02529 Form 1295.pdf Reference # Chartfield 2 Reference # Chartfield 2; Amount Amount http://apps.cfwnet.org/council�acket/mc_review.asp?ID=24240&councildate=2/7/2017 2/23/2017 MAYOR AND COUNCIL COMMUNICATION MAP coPyn�,�zoisayarFonw«m u�a�mo�:ea�eF�oa��no„sa�m3cm�ora�r�atieia:�s. CITY PROJECT# 02529 Ths protAict is (or hfumatian al piaposes and may not have bzen prepared for or be suitable for Iegal, enge�eereig, or surveyirg y� purposes. It dces not represrnt an orvthnground survFy arM rzprasenG only�he approximate relo'tive bcalion of poperty bound-vies. pQ E}' 7576 The City of For� 1M1'orth assumes no rtsponsibildy fw �he accuraq of said d3ta CERTIFICATE OF IfVTERESTED PARTIES FORnn 1295 1 of 1 Complete Nos, 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos, 1, 2, 3, 5, and 6 ii Itiere are no interested parties. CERTIFICATION OF FILING 1 Name of �usiness entiry tiling fonn, and the city, state and country of the business entiry's place Certi(icate Numk�er: of business, 2016-98526 Kimley-Horn and Associates, Inc. Dallas, TX United States Date Filed: 2 Name of governmental entity or state a�ency that is a party to the conlract for which the form is 08l12/2016 being filed. City of Fort Worth, Texas Date Acknowledged: " �lb�tY 3 Provide the idenlification number used by the c�ovemmental entity or siaie ayency to track or ideiltify tfie coniract, and provide a description of the services, yoods, or otlier property to he provided under the contract. 02529 Heritage Trace Parkway Roundabouts Naiure of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Atz, John Dallas, TX United States X Peed, Brooks Dallas, TX United States X Schiller, Mike Dallas, TX United States X Wilson, Mark Dallas, TX United States X 5 Check only ii there is NO Interested Party. ❑ 6 AFFIDAVIT "_����,,.��. � s�s�ear, or affirm, under penalty of perjury, Ihat the above disclosure is Vue and correct. g � •,,""''",,-~�; U�JGSP,Y f1ARih1AN — �'�1FP{. P�Ll'. � � �,•��•..�', lJqtary Public, 5t�te of 7exas � - '. �V,�Y�; Cnmrn. Expires 02-26-2020 ��'o,,,°��� �o�` N�laiy IU 130557501 � ---=a��- -���-�=� �''� �`="''4�''g`�" –` ` Signalure of authorized agent o( contracting business entiry AFFIX NOTARY STAMP / SEAL ABOVE �arc�,�'1 VIC1c12YW �o� ���h � Swom to and subscribed be(ore me, by the said , this the day of V V�v� , 20�, to certify v✓liich, uritness my hand and seal of office. ' I� ` l. i r��.sa� �O,.r���1 A(.t_.�un+i r� ��S�S't��' Signature of f cer atlministering oath Printed name of o(ficer administering oath TiUe of officer admini tering oath Forms provided bv Texas Ethics Commission www.ethics.state.ix.us Version V1.0.277