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HomeMy WebLinkAboutContract 50333 4 CITY OF FORT WORTH, TEXAS ''tom SECRETARY STANDARD AGREEMENT FOR PROFESSIONALA&WE9- __..%%Tthis AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality � ("City"), and Dunaway Associates, LP, authorized to do business in Texas ("Consultant"), for a PROJECT generally described as: Trail Drive Extension Construction Admin and Staking. Article I Scope of Services (1) Consultant hereby agrees to perform the professional services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Trail Drive Extension Construction Admin and Staking. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated an amount up to Eighty One Thousand Three Hundred Dollars ($81,300.00) in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Article III Term Unless terminated pursuant to Article VIII herein, this Agreement shall be for a term beginning on the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. LOFFICIALRECORDCity of Fort Worth,TexasStandard Agreement for Professional Services TARYRevision Date:11.07 EPage 1 of 9 ,TX Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) THE CONSULTANT, AT NO COST TO THE CITY, AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CIM OR SUBCONTRACTORS, RELATED TO THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. City of Fort worth,Texas Standard Agreement for Professional Services Revision Date:11.07 17 Page 2 of 9 Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease -each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be attached to this Agreement prior to its execution. c. Any failure on part of the City to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07 17 Page 3 of 9 h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. L Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) a. City may terminate this Agreement for its convenience on 30 days' written notice to Consultant. b. Either the City or the Consultant, for cause, may terminate this Agreement 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' written notice or thereafter fails to diligently complete the correction. (2) If City chooses to terminate this Agreement, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article II of this Agreement and Exhibit "B" attached hereto and incorporated herein. (3)All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 4 of 9 Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub- consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12-2011, as amended), the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement 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 Consultant 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. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07 17 Page 5 of 9 thereof shall be considered. Consultant 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. Article XII 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 (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant 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 Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. Article XIII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIV Contract Construction The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article XV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07 17 Page 6 of 9 Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVI Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Leon Wilson, PE Transportation and Public Works 200 Texas Street Fort Worth, Texas 76102 Consultant: Dunaway Associates, LP Attn: Josh Wright, PE 5500 Bailey Avenue, Suite 400 Fort Worth, Texas 76107 Article XVII Prohibition On Contracts With Companies Boycotting Israel Consultant acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the 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. Article XVIII Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 7 of 9 Article XIX Attachments, Schedules and Counterparts This Agreement 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 C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 8 of 9 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH CONSULTANT Dunaway Associates, LP Jesus J. Chapa Kervin Cambell, P.E. Assistant,City Manager Director Public Sector Date: -3' J Date: 2/21/2018 APPROVAL RECOMMENDED: By: . L-J Dougla&V. Wiersig, P.E. Director, Transportation & 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 Form 1295 No. requirements. M&C No.: Leon Wilson, Jr., P.E. M&C Date: Senior Professional Engineer APPROVED AS TO FORM AND LEGALITY ATTEST: � pFFp� By: Douglas W. Black ry J. erg Assistant City Attorney City Sec ry ;.Z'"fF AS OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas Standard Agreement for Professional Services FT.WORTH,TX Revision Date:11.07.17 Page 9 of 9 ATTACHMENT "A" Scope for Engineering Design Related Services for Street Improvements The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE Provide professional engineering construction administrative services and construction staking for Trail Drive Extension City Project No. 100742. WORK TO BE PERFORMED Task 1. Construction Phase Services Task 2. Construction Staking Services TASK 1. CONSTRUCTION PHASE SERVICES ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. • After the pre-construction conference, the ENGINEER shall provide project exhibits and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. • The ENGINEER shall visit the project site at requested intervals (monthly)as construction proceeds to observe and report on progress. Reports shall include observed progress with photos and shall document any site issues, if any. • The ENGINEER shall attend city convened monthly progress meeting and shall take notes and provide minutes. • The 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. • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. • The ENGINEER shall attend the"Final'project walk through and assist with preparation of final punch list. City of Fort Worth,Teras Attachment A PMO Release Date:07.23.2012 Page 1 of 6 6.2 Record Drawings • The ENGINEER shall prepare record drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o As-Built Survey o Red-Line Markups from the Contractor o Red-Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions • The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, in PDF and DWF format. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red-lined drawings shall be returned to the CITY. • Record Drawings shall also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher)file and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-35667_org36.pdf" where "X- 35667' is the assigned file number obtained from the CITY, "_org" City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 2 of 6 designating the file is of an original plan set, "36"shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in Buzzsaw. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number(817)392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • 16 Monthly site visits with reports are assumed. • 2 submittal reviews are assumed. • 6 RFI's are assumed. • 2 Change Orders are assumed. • 16 Monthly progress meetings with minutes are assumed. 0 1 Final walkthrough with punchlist is assumed. DELIVERABLES A. Response to Contractor's Request for Information B. Review& Response for Change Orders C. Review and response of shop drawings/submittals D. Attendance to monthly city progress meetings and minutes submittal E. Final Punch List items F. Record Drawings (PDF & DWF) City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 3 of 6 TASK 2. CONSTRUCTION STAKING SERVICES ENGINEER will provide survey support as follows. 2.1. Construction Staking • Be available to the CITY on matters concerning the layout of the project during its construction. A total of four (4) hours is assumed for this effort. • ENGINEER will set control points (i.e. tie survey to permanent monument such as TPW monuments and/or property corners, one location each at beginning and end of project)for the project, these points must be indivisible. Streets over 500 ft in length or streets on curves may require a greater density of control points to maintain intervisibility between each point. ENGINEER shall establish a minimum of two bench marks per plan sheet (bench marks shall be located adjacent to project) and shall provide the following construction staking services: — STORM DRAIN STAKING: Provide an offset stake at 100' intervals (50' intervals in curves if required) and at all proposed manholes, points of curve, points of tangent, points of pipe size changes and at all horizontal or vertical angle points with a cut to flow line and a cut/fill to the top of proposed manholes. Provide centerline elevation at 100' intervals and at all grade breaks in the natural ground. Lead lines shall also be staked with grades if greater than 50' in length, or where substantial alignment and/or grade are needed. Provide two offset stakes at end or each wing of each curb inlet with a cut to flow line and a cut/fill to the top of curb elevation. Line and grade shall be set to a tolerance of+/-0.1 ft. for storm drain pipe and +/- 0.04 ft. for curb inlets. — ROADWAY EXCAVATION STAKING: Provide 10' or property line offset at 50' intervals and at all points of curve, points of tangent, and at all horizontal or vertical angle points with a cut/fill to the top of proposed curb (LT& RT). The right-of-way shall also be flagged during this process along with line and grade stakes for excavation purposes. Stake all vertical and horizontal curves at 50' intervals. Line and grade shall be set to a tolerance of+/-0.1 ft. — FINAL ROADWAY STAKING: Provide 4' or 5' offset stakes at 50' intervals and at all points of curve, points of tangent, and at all horizontal or vertical angle points with a cut/fill to the top of proposed curb. Staking for curb grade and intersecting streets, if required, shall be performed under final pavement staking. Inlets shall be staked if needed. Set tacks in offset hubs for street alignment. Stake all vertical and horizontal curves at 50' intervals and provide intermediate stakes between curve points, if the radius is less than 300'. Line and grade shall be set to a tolerance of +/-0.01 ft. — WATER STAKING: Provide an offset stake at 50' intervals (25' intervals in curves if required) and at valves, tees, and at all horizontal or vertical angle points with a cut to top of pipe or flow line of pipe (depending on the proposed size). Provide centerline elevation at 50' intervals. Provide a location of proposed services for construction purposes and for as-built City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 4 of 6 purposes. Provide offset location and grade stakes for proposed fire hydrants and water meters with a cut/fill to the proposed top of curb. Stake easements and property lines where applicable. Provide property ties to all valves, hydrants, tees, horizontal or vertical bends and other appurtenances. Line and grade shall be set to a tolerance of+/-0.01ft. - ADDITIONAL ITEMS: On a one time basis, provide offset location and grade stakes for the following additional items: street light foundations, pull boxes, and retaining wall. Line and grade shall be set to a tolerance Of+/- 0.01 ft. • COORDINATION WITH CITY INSPECTOR/CONTRACTOR: ENGINEER's surveyor is expected to work with the CITY inspector and contractor to provide any special requests contractor may have providing the scope of work described above is not exceeded. It is expected that a few stakes will be knocked out during dirt work. Providing that the number of disturbed stakes is minor(less than 10% of the stakes for any phase of the project), the ENGINEER's surveyor shall replace these stakes at no extra cost. If additional major restaking is required, the ENGINEER's surveyor, shall provide the additional work at an hourly rate of$195 per hour for a field crew. Major restaking may be required if a substantial number of the initial stakes are knocked down as a result of the contractor's activity and there are not enough stakes left to complete the project. The contractor shall be responsible for paying the ENGINEER for this additional work. • INCIDENTAL PRE-CONSTRUCTION STAKING: Right-of-way flagging, temporary construction easements and work-zones as requested by the CITY Inspector, • SPECIAL CONDITIONS: a. The CITY Inspector assigned to the project shall oversee all construction staking activity and shall be responsible for all field coordination. All documentation including field notes, cut and/or fill notes, grades, "as staked" information etc., shall be provided to the CITY inspector and shall be sealed and signed by a surveyor licensed in the State of Texas. b. The ENGINEER's Surveyor shall meet with CITY Inspector and Contractor to coordinate surveying schedule and needs prior to beginning work. c. The ENGINEER's Surveyor shall stake each utility separately and at different times with, if applicable, sanitary sewer first,water second, storm drain third and roadway construction fourth and shall provide enough construction staking information so that the projects can be constructed as designed. d. A member of ENGINEER's firm familiar with project shall be available at all times to immediately respond to questions from the field. A total of four (4) hours is assumed for this effort. City d Fort Wath,Texas Attachment A PMO Release Date:02.06.2015 Page 5 of 6 ASSUMPTIONS • Services are for one time staking for items listed and as specified herein. • Construction survey, survey field-checks, and as-built survey are to be performed by the contractor per specification 01 7123 DELIVERABLES A. Cut sheets on standard city template. Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following 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 paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Professional engineering services and staking already performed for this project prior to this agreement execution. • Construction survey. • Construction as-built survey. • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re-bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and 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 6 of 6 ATTACHMENT B COMPENSATION Construction Administration and Staking Services for Trail Drive Extension Re. City Project No. 100742 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. Labor Category 2018 Rate 2019 Rate ($/hour) $(hour Pro'ect Director 220 231 Project Manager 171 180 Project Engineer— Civil, Traffic, Structural 160 168 Proiect En ineer- Landscaping 138 145 Engineer-in-Training 127 1_33 Civil Designer _ 127 133 Sr. Project Manager- Survey 171 180 Party Chief- Survey 143 150 Field Assistant-Survey ` 66 _ 69 Sr. Survey Technician 121 127 Administrative 94 99 * Rates after December 31, 2019 are subject to change. 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%). City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION 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-10 D. Payment of invoices will be subject to certification by the City that such work has been performed. 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. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Dunaway Associates, LP Construction Administration, $81,300.00 100% Construction Survey Proposed MBE/SBE Sub-Consultants Non-MBE/SBE Consultants TOTAL $81,300.00 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE _ % City MBE/SBE Goal =_% Consultant Committed Goal =_% City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 4 B-3 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 4 of 4 B-4 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Trail Drive Extension Construction Administration and Staking None; no changes were made to the Standard Agreement. City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 Trail Drive Extension-Phase I&QA TD 1Dration istartz1111, —Ii 7021 rJ FH tY1�ilAS'D Nip 1,FM7y�Id1J ASL.N���MAM1 ®54N.�JJ_P�MId4'M�1�1�A'§IQMIDI IIF'.Mn M.I ra50n o Trail Drive Extension-Phase I&IIA 963 days Tue 12/13/16 r--- _-- ��^"°°^^'- _ Trail Drive Extension-Phase t&11A 1 - Notice to Proceed-Design 0 days Tue 12/13/16 ,.Notice:to Proceed Design 2 Topographical Survey 30 days Tue 12/13/16 iiin Topographical Survey .. Geotechnical 32 days Thu 1/19/17 M Geotechnical 4 SUE 30 days Mon 1/9/17 a SUE 5 Conceptual(30%)Design 42 days Mon 1/16/17 t1 Conceptual(30%)Design 10 Franchise Utility Coordination and Relocation 240 days Mon 2/20/17 Franchise Utility Coordination and Relocation 11 ROW/Final Plat 851 days Tue 4/4/17 1 ROW/Final Plat 21 Park Conversion 143 days Mon 4/3/17 f-1 Park Con.—ion 26 Prelim.Final(95%)PS&E 130 days Mon 2/27/17 Prelim.Finial(9S%)PS&E 31 Final(100%)PS&E SS days Fri 7/7/17 11 Final(:L00%)PS&E d17 City Mayor&Counsel 95 days Fri 9/1/17 r� City Mayor&Counsel Pre Construction Activities 0 days Mon 1/29/18 Pre Construction Activities Construction 561 days Fri 2/12/18 ii Construction 42 2018 Stock Show 21 days Fri 1/12/18 2018 Stock Show 43 2018 Cowtown Marathon 2 days Fri 2/23/18 2018 Cowtown Marathon .4 Construction Contract 516 days Mon 2/26/18 Construction Contract 45 J Sequence No.1(Lancaster,Trail Drive and Van Zandt North of Crestline) 291 days Mon 2/26/18 Sequence No.1(Lancaster.Trail Drive and Van Zandt North of Crestline) 46 Sequence No.2(University and Trail Drive South of Crestline) 263 days Mon 3/26/18 Sequence No.2(University,and Trail Drive South of Crestline) 47 , New Lancaster Ave.Access to FWISD Parking Lot 0 days Fri 8117/18 i ♦New Lancaster Ave.Access to FWISD Parking Lot 48 -'. 2018 CALF Run 2 days Fri 9/14118 2018 CALF Run 49 Demobilization 0 days Sat 12/15/18 ®Demobilization 50 2019 Stack Show 22 days Fri 1/11/19 a 2019 Stock Show 51 2019 Cowtown Marathon 2 days Fri 2/22/19 2019 Cowtown Marathon 52 Remoblilization 0 days Mon 2/25/19 M Remoblilization 53 Sequence No.3(Trail Drive at Crestline) 152 days Mon 2/25/19 ► Sequence No.3(Trail Drive at Crestline) r54 Project Completion&Turn Over 0 days Sat 7/27/19 N Project Completion&TU-Ova Project Tract Drive Extension-Phase l&OA Page 1 DUNAWAy Date:Thu 2/1/18 ATTACHMENT D 1 4 ELLO K„ UNT Hearth Science Center �Ah St Ae1fW.�bH"1 iia y, � = Cis I. �; A.K �!Y Modern Art.Museum � �I of Fort Worth Kimbell Art Museum Aman Carter Museurrr H 1 NT of American Art CULTURAL A w LancasteF AVP6�yd X DISTRICT MWLanc Z' Fa[[i n Field r Fort Worth Stack Shaw rt Fort worth Museum of Science and History 3 Botanical Research� Institute of Texas [!E x l�rFort Worth XtensiC}Il Botanic H'1-1 A.F Garden Trinity Park j a ,..Y' Japanese Garden � '4 (�r Wtt4411 MM Attachment E PROJECT LOCATION MAP Trail Drive Extension FORT WORTH N 2018 DUNA WA