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HomeMy WebLinkAboutContract 46523 CITY SECRETARY MWUCT NO, CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Teal Engineering Services, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Advanced Transportation Management System (ATMS) Communications Design. Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with ATMS Communication Design. (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 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". However the total fee paid by the City shall not exceed a total of $47,000 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. 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. Cj Acceptance by Consultant of said payment shall operate as and shall release the City from n 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. co0 City of Fort Worth,TexasOFFICIALRECORD Standard Agreement for Professional Services Cli'�SR:CRETARY Revision Date:9/24/2014 Page 1 of 9 ®T,/ �y Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of two (2) years, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. 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 its work to be performed hereunder and 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 respondent 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) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 2of9 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. Commercial General Liability $1,000,000 each occurrence $1,000,000 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 delivered to the Transportation and Public Works, Attention: Ali Mozdbar, 5001 James Ave, Fort Worth, TX 76115, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 3 of 9 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. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. 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) City may terminate this Agreement for its convenience on 30 days' written notice. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 4 of 9 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 does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8, 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 2 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. 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 5 of 9 Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity Enterprise 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 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 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 XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 6 of 9 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 XIV 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 Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV 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-. Transportation and Public Works 5001 James Ave. Fort Worth, Texas 76115 Consultant: Teal Engineering Services, Inc. Attn: Gary D Jost 2000 Denison Street, Suite 103 Denton, Texas 76201 Article XVI 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:9/24/2014 Page 7 of 9 Article XVII 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. Executed and effective this the/fflday O�� l�O BY: BY: CITY OF FORT WORTH ENGINEER Teal Engineering S ices, Inc. Fernando Costa ole Assistant City Manager Vice Presint Date: 3i'!� Date: 31 6 Zo 15 APPROVAL RECOMMENDED: By: DUas . Wiersig Di /PW APPROVED AS TO FORM AND LEGALITY M&C No.: A/1,4: By: 91 M&C Date: Doug Black Assistant City Attorney ATTEST: �i 00 ary J. Kays (j, �gy City Secretary % o Z 0 o00Jo� �F�CIa►S City of Fort Worth,Texas Standard Agreement for Professional Services OFFICIAL RECORD Revision Date:9/24/2014 Page 9 of 9 CITY SECRETARY FT.WORTH,TX 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 The objective of the project is to provide plans, specifications, and estimates (PS&E) for the implementation of reliable, high speed communication between traffic management field devices and the CITY's Traffic Operations Center located at 5001 James Street. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design Task 3. Preliminary Design Task 4. Final Design Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. Permitting TASK 1: DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1 Team Management • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2 Communications and Reporting • Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Conduct and document biweekly project update meetings with CITY Project Manager • Conduct review meetings with the CITY at the end of each design phase • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly to the CITY in format requested shown in Attachment B-1. • Prepare and submit monthly progress reports in the format provided by the respective CITY Department. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 8 • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. Task 1 Assumptions A. Design Management assumptions will defined for each individual work authorization. Task 1 Deliverables A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Monthly M/WBE Report Form and Final Summary Payment Report Form TASK 2: CONCEPTUAL DESIGN (30 PERCENT). The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain the CITY's endorsement of this concept. The ENGINEER will not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. Activities under this task include the following: 2.1 Data Collection • ENGINEER will assemble information provided by CITY • Conduct field investigations of assigned projects to evaluate existing conditions, available infrastructure, and conduct an initial assessment of communication infrastructure routing. • In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 2 of 8 conditions that may impact the project including; utilities, agencies (TxDOT and railroads), and City Master Plans. 2.2 Prepare Conceptual Design Package The Conceptual Design Package shall include the following: • Preliminary cover and index of sheets including project limits, area location map and beginning and end points. • Conceptual plan sheets showing existing horizontal roadway alignment, ROW, sidewalks and driveways, existing traffic control infrastructure, city owned and franchise and utilities identified from existing information, • Documentation of key design decisions. • Anticipated permitting requirements. Task 2 Assumptions A. The services provided under this task assume the following items will be provided by the CITY: • Available horizontal control points • Available benchmark locations and descriptions for vertical control • Available photogrammetric mapping • City of Fort Worth CADD standards and guidelines • An electronic copy of existing 2D Microstation planimetrics mapping files • Existing facilities construction documents and "as-builts." • Available right-of-way maps • Latest City bid tabulations • Assist the Engineer to obtain any additional information required • Timely review of submittals and decisions necessary for the Engineer to maintain the project schedule. B. One (1) meeting to review Conceptual Design Package C. One (1) review cycle by CITY D. Five (5) sets of 11"x17" size plans will be delivered for the 30% design. Task 2 Deliverables A. Conceptual Design Package • Five hard copy packages • Uploaded DWF files to the designated project folder in Buzzsaw. TASK 3: PRELIMINARY DESIGN (60 PERCENT) Following approval of the Conceptual Design package, the ENGINEER will develop the preliminary design package of the communication network infrastructure. The ENGINEER City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 3 of 8 will not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. The preliminary design task includes the following activities: 3.1 Communication Routing: • Develop preliminary communication routing plan showing conduit routing, ground box locations, communication hub locations (if required), and other communication infrastructure • Develop preliminary network design showing fiber routing, fiber count, termination locations, equipment locations, etc. 3.2 Traffic Control Plan • Develop preliminary Traffic Control Plan in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. 3.3 Installation Details • Prepare preliminary installation details for communication infrastructure. 3.4 Specifications • Develop preliminary list of standard and special specifications, and special provisions. • Develop special specifications as required. 3.5 Constructability Review • Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager to walk the project. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 3.6 Preliminary Plan Set Submittal • The ENGINEER will upload individual DWF files for each plan sheet of the approved preliminary plan set to the designated project folder in Buzzsaw 3.7 Preliminary Design Package The Preliminary Design Package shall include the following sheets: • The approved conceptual design package • Revised plan sheets showing preliminary communication routing. • Preliminary Installation details • Traffic control Plan • Preliminary quantities • List of governing specifications • Preliminary opinion of cost City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 4 of 8 Task 3 Assumptions A. Five (5) sets of 11"x17" size plans will be delivered for the 60% design. B. DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw. C. All submitted documents will be uploaded to the designated project folder in Buzzsaw D. The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. Task 3 Deliverables A. Preliminary Design drawings B. List of governing specifications C. Supplemental Technical Specifications D. Preliminary opinion of construction cost TASK 4: FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, the ENGINEER will prepare construction plans as described in this task. Activities in this task include the following: 4.1 Final Draft Construction Plans • Prepare and submit draft construction plans and specifications • Prepare and submit Engineers opinion of cost. • Conduct 90% construction plan review meeting. 4.2 Final Construction Plans • Prepare and submit Final construction plans. Each plan sheet will be stamped, dates, and signed by the ENGINEER. • Prepare and submit final ENGINEER's opinion of cost. Task 4 Assumptions A. Five (5) sets of full size drawings and five specifications will be delivered for the 90% Design package. B. A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. C. Five (5) sets of full size drawings and five specifications will be delivered for the 100% Design package. D. A DWF file for the 100 % Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 5 of 8 Task 4 Deliverables A. 90% construction plans and specifications. B. 100% construction plans and specifications. C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. D. Original cover mylar for the signatures of authorized CITY officials TASK 5: BID PHASE SERVICES. The ENGINEER will support the bid phase of the project as follows. 5.1 Bid Support • Attend Pre-construction meeting with on-call contractor. • Provide written responses to Contractor questions. • Provide recommendation to CITY, when requested, on the acceptability of alternate materials and equipment proposed by the contractor. TASK 6: CONSTRUCTION PHASE SERVICES. The ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support • The ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. • 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. • 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. 6.2 Record Drawings • If recorded, 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 Red-Line Markups from the Contractor o Red-Line Markups from City Inspector City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 6 of 8 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 will submit a set of sealed Final Drawings, modified and stamped as Record Drawings, on mylar for record storage along with all original red-lined drawings provided by the City. The ENGINEER may keep copies of the information provided by the CITY for their files. Task 6 Assumptions A. Services for this task will be provided on an "as requested" basis up to the budgeted fee for this task. One copy of full size (22"x34") mylars will be delivered to the CITY Task 6 Deliverables A. Response to Contractor's Request for Information B. Review of Change Orders C. Review of shop drawings D. Final Punch List items E. Record Drawings TASK 7: PERMITTING. As Requested, the ENGINEER will provide permitting support for the CITY to obtain agreements and/or permits normally required for the project. The ENGINEER support permitting activities as follows: 7.1 Texas Department of Transportation (TxDOT) Permit • Meet, negotiate and coordinate to obtain approval of the agency issuing the agreement and/or permits. • Completing all forms/applications necessary. • Submitting forms/applications for CITY and TxDOT review City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 7 of 8 • Submitting revised forms for agency review • Responding to agency comments and requests 7.2 Railroad Permit • Meet, negotiate and coordinate to obtain approval of the agency issuing the agreement and/or permits. • Completing all forms/applications necessary. • Submitting forms/applications for CITY review • Submitting revised forms for agency review • Responding to agency comments and requests Task 7 Assumptions A. Services for this task will be provided on an "as requested" basis up to the budgeted fee for this task. One copy of full size (22"x34") mylars will be delivered to the CITY Task 7 Deliverables A. Draft and final forms/applications for CITY and Agency review B. Written responses to permitting agency comments and requests. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES 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: • Services related to development of the CITY's project financing and/or budget. • Construction management and inspection services • Surveying 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:07.23.2012 Page 8 of 8 ATTACHMENT B COMPENSATION Design Services for Advanced Transportation Management System Communication Design City Project No. 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 2015 Rate 2016 Rate ($/hour) ($/hour) Principal $201.60 $206.64 Senior Engineer $174.72 $179.09 Project Manager $161.28 $165,31 Engineer $147.84 $151.54 CAD/GIS Technician $120.96 $123.38 Technician $ 94.08 $ 96.43 Administrative $ 48.38 $ 49.59 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 5 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-1. 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 5 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Teal Engineering Services, Inc. All Services $47,000.00 100 Proposed MBE/SBE Sub-Consultants None Non-MBE/SBE Consultants None TOTAL $ 47,000 100% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE ATMS Communication Design Services $47,000.00 $0.00 0.00% City MBE/SBE Goal = 0% Consultant Committed Goal = 0 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 5 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 5 B-4 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) ATEAL Data nvdca en( .41iieeriwi Services, Inc. 4874 E. Lone Oak Road Val]ov V1 cw, TX'7621 Bill Tu Cit::A-Fart%%:--riE AIA.AA 7Einmi:Z 51:{'l Jariu%wL-caft it..T). 76 115 Deacr latien <ate Hc j-s%Yo?:ed T.ASK I 518 ff\'r n'r S.!1TN:;1rre JASK 2 S..iLr NLmi u S I JFM)".A1.-.Ah 0 lk ::."In R i I A9.9.q'..x Lah:x'. 139.; '-AJ.-S I(Y F.A.L LABUK ANLI CIVEAMEAD rc,C.-)1-F,Ior rind C- .1[l-.1d LXP-NS L'S II f�fel "k.H'I C"I AL 03-CON5 L J AN I (1.1'wl Fee tin?ijI%-vnSLIL--iL lc;i.�rum L k- bAL Litrinz':.rinp Total 4X'4--'.:,art',J;jl: 762'+2 PayrnantsfCrodits Balance Due PhU111,4 r-inall City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 5 of 5 B-5 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Advanced Transportation Management System Communication Design City Project No. None City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page i of I