Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 51277
CITY SECRETARY CONTRACT NO. I CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("CITY"), and CobbFendley & Associates, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: 2018 Bond Program Transportation Design On-Call Services. Article I Scope of Services The Scope of Services is set forth in Attachment A. Article II Compensation and Term of Agreement A. The ENGINEER's compensation shall be in the amount up to $500,000 as set forth in Attachment B. B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon 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. This Agreement may be renewed up to two additional terms. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The 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) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. City of Fort Worth,Texas 00 8 �Q Standard Agreement for Engineering Related Design Services OFFICIAL RECORD C/1cr_0', ��f(Q Rage 1Revisedof 17 Date:11.17.17 F �o9T� CITY SECRETARY FT.WORTHS TX (3) 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. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed 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 resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer 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. B. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 2 of 17 subsurface 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 investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (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 observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER 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, means, 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 extent 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, City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 3 of 17 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 this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise 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) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility 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 ENGINEER to the CITY for periodic construction progress payments to the construction contractor will 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 4 of 17 ENGINEER has made an examination to ascertain how 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 interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth 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. Engineer acknowledges the 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 hereunder 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 5 of 17 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 adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article 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 the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an additional 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 6 of 17 not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned 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. i. 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 umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation — ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, 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 bodily injury by disease, with $500,000.00 policy limit. i. 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 workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 7 of 17 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 documentation 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 shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements 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 CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. 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 contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 8 of 17 payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When subconsultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct 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. N. 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. Permitting 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 9 of 17 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 of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the 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. Advertisements, 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 10 of 17 D. Timely 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 financial 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. E. Prompt 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 timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of CITY, CITY hereby releases ENGINEER from any damage or liability related to the presence 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 Indemnification and Claims 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. H. Contractor Claims and Third-Party Beneficiaries (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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 11 of 17 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 AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (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. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY may secure Builders Risk/installation insurance at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall 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. Changes 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 12 of 17 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. 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' 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, City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 13 of 17 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 convenience so that the work effort is suitable for long time storage. (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 will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 14 of 17 venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not -affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State 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. 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. K. Immigration Nationality Act ENGINEER 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, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this AGREEMENT for violations of this provision by ENGINEER. L. Prohibition On Contracts With Companies Boycotting Israel City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 15 of 17 ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 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 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 16 of 17 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 ENGINEER CobbFendley &Associates Su an Alanis J. Cal bostwick: P.E. ` istant City Manager Sr. V' President Date: C7 l Date: C11t APPRO L RECOMMENDED: By: U. 0 Douglas .Wiersig, P.E. Director, Department of Transportation and Public Works Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this coptract, including ensuring all performan a and reporting require S. Clint Hoover, P.E., S.E. Senior Professional Engineer APPR VEDA TO FORM AND LEGALITY, t` By: ouglas W. Black Assistant City Aft OR A ST: F F l Form 1295 No. 2018-364585 �O. Off. ry J. K _ M&C No.: C-28807 City Secre XAS Y M&C Date: - cny of Fort worn,,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services CITY$IrCRETARY Revised Date:1 1.17.17 Page 17 of 17 FT.WORTH,TX 0 FORT WORTH. ATTACHMENT "A" Scope for Engineering Desiqn Related Services for 2018 Bond Proqram Transportation Design On-Call Services 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 projects completed under the Task Order agreement is to improve vehicular and pedestrian mobility and safety throughout the City for railroad, street light, traffic signal, and intersection projects. Work under this agreement includes, but is not limited to, project management, data collection, topographic survey, subsurface utility exploration (SUE), right-of-way documentation, conceptual design, preliminary and final design, bidding, and construction phase services for transportation improvements. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design (30%) Task 3. Preliminary Design (60%) Task 4. Final Design (90% and 100%) Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey and Subsurface Utility Engineering Services Task 9. Permitting Task 10. Quality Control/Quality Assurance City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 24 FORT WORTH 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. Managing the Team: • Lead, manage and direct design team activities • Ensure Quality Control/Quality Assurance (QC/QA) is practiced in performance of the work. Refer to Task 10 for further details. • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting: • Attend a pre-design project kickoff/charter meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements. • Attend two (2) field meetings with CITY representatives, including Traffic Management, prior to the 30% and 90% submittals. • Conduct and document monthly project update meetings with CITY Project Manager. • Conduct review meetings with the CITY at the end of each design phase. • Conduct and document biweekly design team meetings. • Conduct QC/QA reviews and document those activities. Refer to Task 10 for further details. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Prepare and submit monthly Project Status Reports in the format provided by the respective Transportation and Public Works Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. This PROJECT requires a Tier 3 schedule as defined in the City's Specification 00 31 15 entitled Engineer Project Schedule. • Prepare and submit a preliminary Project Risk Register, preliminary Stakeholder Register, and preliminary Project Communications Plan. CITY to modify and finalize. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. City of Fort Worth,Texas Page 2 of 24 Attachment A PMO Release Date:02.06.2015 Page 2 of 24 FLIRT WORTH. • 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. ASSUMPTIONS • Pre-design project kickoff/chartering meeting (to be determined in each task order) • Field review meetings (to be determined in each task order) • Monthly project update meetings during design phase (to be determined in each task order) • Plan review meetings (to be determined in each task order) • Biweekly design team meetings (to be determined in each task order) • All submittals to the City will be Quality checked prior to submission. • Project design phase will be determined in each task order. • Project construction phase will be determined in each task order. • Monthly updates of Project Status Reports, MWBE forms, TPBE, Risk Register, and Project Schedule (to be determined in each task order) DELIVERABLES A. Meeting summaries with action items B. QC/QA documentation C. Baseline design schedule D. Preliminary Project Risk Register, preliminary Stakeholder Register, and preliminary Project Communications Plan E. Monthly Schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly Project Status Reports G. Monthly TPBE spreadsheet updates H. Monthly Project Risk Register updates City of Fort Worth,Texas Page 3 of 24 Attachment A PMO Release Date:02.06.2015 Page 3 of 24 FORT WORTH. I. Plan Submittal Checklists (See Task 10) J. Monthly invoices K. Monthly M/WBE Report Form and Final Summary Payment Report Form City of Fort Worth,Texas Page 4 of 24 Attachment A PMO Release Date:02.06.2015 Page 4 of 24 FORT WORTH. TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. 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. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection • Traffic Count Data: Microsoft Excel spreadsheet of Raw 24-hour and Turning Movement Count data gathered at 15 minute intervals at a minimum on all raw data collected. Provide Daily Summaries by Approach and Peak-Period Summaries by Approach. Spreadsheet shall be uploaded to the Buzzsaw folder 'TPW Traffic Count Data'. • 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 conditions that may impact the project including; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. • The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re-routing plans. 2.2. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) per Task 8. 2.3. Utility Clearance • ENGINEER will develop the design of CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. Where conflicts cannot be avoided, coordination of Utility Conflicts will begin at the Conceptual Design phase. • In the case of a public utility conflict, the ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • In the case of a private Utility Conflict, the ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for coordination. The City of Fort Worth,Texas Page 5 of 24 Attachment A PMO Release Date:02.06.2015 Page 5 of 24 FORT WORTH. ENGINEER may need to coordinate directly with the private utility provider if that provider needs to undertake design to adjust their utility's location. • The ENGINEER shall upload a PDF file of the approved preliminary plan set to the designated project folder in Buzzsaw for forwarding to all utility companies which have facilities within the limits of the project. The PDF file should be created directly from the CAD files. 2.4 The Conceptual Design Package shall include the following: Preliminary cover and index of sheets including project limits, area location map and beginning and end station limits. • Quantity Summary page and each design sheet shall include a quantity take off table. • SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. • Traffic Count Data: Microsoft Excel spreadsheet of Raw 24-hour and Turning Movement Count data gathered at 15 minute intervals at a minimum on all raw data collected. Provide Daily Summaries by Approach and Peak-Period Summaries by Approach. Spreadsheet shall be uploaded to the Buzzsaw folder `TPW Traffic Count Data'. • Existing typical sections of the roadway to be constructed along with proposed typical sections which outline the proposed improvements. Typical sections shall include existing and proposed ROW, existing and proposed lane widths and direction arrows, existing and proposed curbs, sidewalks, and retaining walls. • Conceptual plan and profile sheets showing existing and proposed horizontal roadway alignments, existing and proposed ROW, existing and proposed sidewalks and driveways, proposed lane dimensions and lane arrows, existing drainage structures, city owned and franchise utilities, and existing roadway vertical alignments (profiles). • Documentation of key design decisions. • Estimates of probable construction cost. ASSUMPTIONS • Three (3) sets of 11"x17" size plans will be delivered for the 30% design. • PDF and DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw. ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Conceptual Design Package B. Traffic Count Data City of Fort Worth,Texas Page 6 of 24 Attachment A PMO Release Date:02.06.2015 Page 6 of 24 FORT WORTH. TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. The Preliminary Design Drawings and Specifications shall include the following: • Preliminary cover and index of sheets including project limits, area location map and beginning and end station limits. • SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. • Quantity Summary page and each design sheet shall include a quantity take off table. • Traffic Control Plan including all construction signage and pavement markings which will be in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. • A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument#8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). • Updated existing and proposed typical section sheets. • Updated roadway plan and profile sheets displaying station and coordinate data for all horizontal alignment P.C.'s, P.T.'s, P.I.'s; station and elevation data of all vertical profile P.C.'s, P.T.'s, P.I.'s, low points, and high points; lengths of vertical curves, grades, K values, e, and vertical clearances where required. • No less than two bench marks plan/profile sheet. • Bearings given on all proposed centerlines, or baselines. • Station equations relating utilities to paving, when appropriate. • Overall project easement layout sheet(s). • Intersection layout sheets including ROW lines, horizontal alignments, utilities, curbs, sidewalks, driveways, lane dimensions and arrows, and existing and proposed contours (0.25' intervals) • Preliminary traffic signal and roadway details to include curbs, curb expansion joints, driveways, sidewalks, and pavement details. • Preliminary signing, pavement marking, illumination and signal layouts. • Documentation of key design decisions. City of Fort Worth,Texas Page 7 Of 24 Attachment A PMO Release Date:02.06.2015 Page 7 of 24 FORT WOR'T'H. • Estimates of probable construction cost. 3.2. Geotechnical Investigation/Pavement Design • Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made. In addition to the above investigations, borings and appropriate field and laboratory analysis will be made at reasonable intervals along the project alignment for the Contractor's use in determining soil conditions for preparing bids and a Trench Safety Plan. • The ENGINEER shall prepare a detailed geotechnical engineering study and pavement design in conformance with the City of Fort Worth Pavement Design Standards Manual, 2005. The study shall include recommendations regarding utility trenching and identify existing groundwater elevation at each boring. 3.3. 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 and Construction personnel 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. 3.4. Public Meeting • After the preliminary plans have been reviewed and approved by the CITY, the ENGINEER shall prepare project exhibits, and attend one (1) public meeting to help explain the proposed project to residents. The CITY shall select a suitable location, prepare and mail the invitation letters to the affected customers. The ENGINEER shall coordinate with the CITY GIS staff to identify affected property owners/residents and develop a spreadsheet listing addresses of those to invite to the public meeting. 3.5. Utility Clearance • ENGINEER will develop the design of CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. Where conflicts cannot be avoided, coordination of Utility Conflicts will begin at the Preliminary Design phase. • In the case of a public utility conflict, the ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • In the case of a private Utility Conflict, the ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for coordination. The ENGINEER may need to coordinate directly with the private utility provider if that provider needs to undertake design to adjust their utility's location. • The ENGINEER shall upload a PDF file of the approved preliminary plan set to the designated project folder in Buzzsaw for forwarding to all utility companies which have facilities within the limits of the project. The PDF file should be created directly from the CAD files. City of Fort Worth,Texas Page 8 of 24 Attachment A PMO Release Date:02.06.2015 Page 8 of 24 FORT WORTH • ENGINEER shall visit the site during utility relocations to verify via any means or method necessary that the relocated utility has been installed in accordance with the plans, report any discrepancies found, and provide documentation to support findings. ASSUMPTIONS • Three (3) sets of 11"x17" size plans will be delivered for the 60% design for review coordination. • One (1) set of specifications will be delivered for the 60% design. • PDF and DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw. • All submitted documents and checklists will be uploaded to the designated project folder in Buzzsaw. • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. • XX (XX) Public Meeting is assumed. (to be determined in each task order) • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings and specifications including QC/QA documentation B. Utility Conflict Coordination Package C. Traffic Count Data D. Geotechnical Report E. Estimates of probable construction cost F. Public Meeting exhibits City of Fort Worth,Texas Page 9 of 24 Attachment A PMO Release Date:02.06.2015 Page 9 of 24 FORT WORTH.. TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). • Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • Final draft construction plans (90%) including specifications shall be submitted to CITY per the approved Project Schedule. • The ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for final coordination. • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. • A Quantity Summary page will be included in both the 90% and 100% design packages. Each design sheet of those package shall include a quantity take off table. • The ENGINEER shall submit an estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use standard CITY or TxDOT bid items, as applicable. ASSUMPTIONS • Three (3) sets of 11"x17" size drawings and one (1) set of specifications will be delivered for the 90% Design package. • A PDF and DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • Ten (10) sets of 11"x17" size drawings and two (2) set of specifications will be delivered for the 100% Design package. • A PDF and DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. DELIVERABLES A. 90% construction plans and specifications including QC/QA documentation. B. Utility Conflict Coordination Package C. 100% construction plans and specifications including QC/QA documentation. D. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's or TxDOT's standard bid items and format, as applicable E. Original 11"x17" size cover mylar for the signatures of authorized CITY officials. City of Fort Worth,Texas Page 10 of 24 Attachment A PMO Release Date:02.06.2015 Page 10 of 24 FORT WORTH. TASK 5. BID PHASE SERVICES. The CITY reserves the right to bid the project either via traditional project bid to via unit price alternative delivery. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. • Contract documents shall be uploaded in an .xls file. • Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to Buzzsaw in two formats, .pdf and AM files. The .pdf will consist of one file of the entire plan set. The .dwf will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. • The ENGINEER from Contractor's uploaded Plan Holder Registrations in Buzzsaw. • The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's Buzzsaw folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto Buzzsaw and mail addenda to all plan holders. • Attend the prebid conference in support of the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. • Attend the bid opening in support of the CITY. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project's Bid Results folder on Buzzsaw. • Incorporate all addenda into the contract documents and issue conformed sets. City of Fort Worth,Texas Page 11 of 24 Attachment A PMO Release Date:02.06.2015 Page 11 of 24 FORT WORTH. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. (to be determined in each task order) • Construction documents will only be made available on Buzzsaw for plan holders and/or given to plan viewing rooms. • Construction documents will not be printed and made available for purchase by planholders and/or given to plan viewing rooms. • PDF, DWF and DWG files will be uploaded to Buzzsaw. DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Construction documents (conformed) E. CFW Data Spreadsheet City of Fort Worth,Texas Page 12 of 24 Attachment A PMO Release Date,02.06.2015 Page 12 of 24 FORT WORTH. TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1. Construction Support • The ENGINEER shall prepare task order package for the CITY's Unit Price Contractor. • The ENGINEER shall attend the preconstruction conference. • After the pre-construction conference, the ENGINEER shall provide project exhibits and attend one (1) 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 attend bi-weekly construction progress meetings during the duration of construction. The ENGINEER will prepare meeting notes with action items and distribute to the project team. • The ENGINEER will prepare a Construction Communication Plan detailing the procedure for communicating between the Project Delivery Team members and the Contractors. • The ENGINEER will meet with concerned citizens as needed. • 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 ENGIENER will meet with the Project Delivery Team and Contractor on-site to review any field changes. • The ENGINEER will coordinate with the TPW department as necessary. • The Engineer will update and submit monthly the Project Status Report, Risk Register, TPBE and Project Schedule. • The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list. 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. Information provided by the CITY may include, but is not limited to the following: City of Fort Worth,Texas Page 13 of 24 Attachment A PMO Release Date:02.06.2015 Page 13 of 24 FORT WORTH 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: 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 Adobe Acrobat PDF format (version 6.0 or higher) and in 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 with the digital files. • 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, if required. 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" 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. City of Fort Worth,Texas Page 14 of 24 Attachment A PMO Release Date:02.06.2015 Page 14 of 24 FORT WORTH.. 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 • XXX (X) Public Meeting is assumed. (to be determined in each task order) • XXX (X) site visits are assumed. (to be determined in each task order) • XXX (X) submittal reviews are assumed. (to be determined in each task order) • XXX (X) RFI's are assumed. (to be determined in each task order) • XXX (X) Change Orders are assumed. (to be determined in each task order) DELIVERABLES A. Public meeting exhibits B. Construction Communication Plan C. Response to Contractor's Request for Information D. Review of Change Orders E. Review of shop drawings F. Final Punch List items G. Record Drawings in digital format City of Fort worth,Texas Page 15 of 24 Attachment A PMO Release Date:02.06.2015 Page 15 of 24 FORT WORTH TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. Right-of-Way Research • The ENGINEER shall determine rights-of-way, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2. Right-of-Way/Easement Preparation and Submittal. • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. 7.3. Temporary Right of Entry Preparation and Submittal • Prior to construction, the ENGINEER shall prepare, mail and obtain Temporary Right of Entries from landowners. It is assumed that letters will only be required for land owners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. ASSUMPTIONS • Right-of-Way research includes review of property/right-of-way records based on current internet based Tarrant Appraisal District (TAD) information available at the start of the project and available on-ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABLES A. XXX (X) Easement exhibits and meets and bounds provided on CITY forms. (to be determined in each task order) B. XXX (X) Temporary Right of Entry cover letters. (to be determined in each task order) C. XXX (X) Temporary Right of Entry documents. (to be determined in each task order) City of Fort Worth,Texas Page 16 of 24 Attachment A PMO Release Date:02.06.2015 Page 16 of 24 FORT WORTH. TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 8.1. Design Survey • ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum survey information to be provided on the plans shall include the following: — A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. — The following information about each Control Point: a. Identified (Existing CITY Monument#8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). — Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. — No less than two horizontal bench marks, per line or location. — Bearings given on all proposed centerlines, or baselines. — Station equations relating utilities to paving, when appropriate. 8.2. Temporary Right of Entry Preparation and Submittal • Prior to entering property, the ENGINEER shall prepare, mail and obtain Temporary Right of Entry from landowners. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. 8.3. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) to Quality Level D, C, B, and A, as described below. The SUE shall be performed in accordance with CI/ASCE 38-02. City of Fort Worth,Texas Page 17 of 24 Attachment A PMO Release Date:02.06.2015 Page 17 of 24 FORT WORTH. Quality Level D • Conduct appropriate investigations (e.g., owner records, County/CITY records, personal interviews, visual inspections, etc.), to help identify utility owners that may have facilities within the project limits or that may be affected by the project. • Collect applicable records (e.g., utility owner base maps, "as built" or record drawings, permit records, field notes, geographic information system data, oral histories, etc.) on the existence and approximate location of existing involved utilities. • Review records for: evidence or indication of additional available records; duplicate or conflicting information; need for clarification. • Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets, electronic files, and/or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate: utility type and ownership; date of depiction; quality level(s); end points of any utility data; line status (e.g., active, abandoned, out of service); line size and condition; number of jointly buried cables; and encasement. Quality Level C (includes tasks as described for Quality Level D) • Identify surface features from project topographic data and from field observations that are surface appurtenances of subsurface utilities. • Include survey and correlation of aerial or ground-mounted utility facilities in Quality Level C tasks. • Survey surface features of subsurface utility facilities or systems, if such features have not already been surveyed by a professional surveyor. If previously surveyed, check survey data for accuracy and completeness. • The survey shall also include (in addition to subsurface utility features visible at the ground surface): determination of invert elevations of any manholes and vaults; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utility owners for design purposes. • Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. • Update (or prepare) plan sheets, electronic files, and/or other documents to reflect the integration of Quality Level D and Quality Level C information. • Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. • Provide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets. City of Fort Worth,Texas Page 18 of 24 Attachment A PMO Release Date:02.06.2015 Page 18 of 24 FORT WORTH. Level B (includes tasks as described for Quality Level C) • Select and apply appropriate surface geophysical method(s) to search for and detect subsurface utilities within the project limits, and/or to trace a particular utility line or system. • Based on an interpretation of data, mark the indications of utilities on the ground surface for subsequent survey. Utilize paint or other method acceptable for marking of lines. • Unless otherwise directed, mark centerline of single-conduit lines, and outside edges of multi-conduit systems. • Resolve differences between designated utilities and utility records and surveyed appurtenances. • Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data. • As an alternative to the physical marking of lines, the ENGINEER may, with CITY's approval, utilize other means of data collection, storage, retrieval, and reduction that enables the correlation of surface geophysical data to the project's survey control. Level A • Expose and locate utilities at specific locations. • Tie horizontal and vertical location of utility to survey control. • Provide utility size and configuration. • Provide paving thickness and type, where applicable. • Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. ASSUMPTIONS Up to XXX (X) Level A test holes are included. (to be determined in each task order) DELIVERABLES A. Drawing of the project layout with dimensions and coordinate list. B. SUE plan drawings sealed by a professional engineer registered in the State of Texas. City of Fort Worth,Texas Page 19 of 24 Attachment A PMO Release Date:02.06.2015 Page 19 of 24 FORT WORTH. TASK 9. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows: 9.1 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. • Submitting revised forms for agency review. • Responding to agency comments and requests. 9.2. 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. 9.3 Texas Department of Licensing and Regulation (TDLR) • Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authorities having jurisdiction to approve the design of the Project. • ENGINEER is responsible for providing plans that are in compliance with TDLR requirements. • Submit construction documents to the TDLR. • Completing all TDLR forms/applications necessary. • Obtain the Notice of Substantial Compliance from the TDLR. • Request an inspection from TDLR or a TDLR locally approved Registered Accessibility Specialist no later than 30 calendar days after construction substantial completion. Advise the CITY in writing of the results of the inspection. • Responding to agency comments and requests. • All costs associated with TDLR plan review and inspections are to be paid by the ENGINEER during the course of the project. 9.4 Others As-Needed (Directed by the ENGINEER) City of Fort Worth,Texas Page 20 of 24 Attachment A PMO Release Date:02.06.2015 Page 20 of 24 FORT WORTH ASSUMPTIONS • Permit preparation will begin after approval of the Conceptual Design. • XXX (X) meetings are assumed for permits. (to be determined in each task order) DELIVERABLES A. Copies of Permit Applications B. Copies of Approved Permits City of Fort Worth,Texas Page 21 of 24 Attachment A PMO Release Date:02.06.2015 Page 21 of 24 FORT WORTH. TASK 10. QUALITY CONTROL /QUALITY ASSURANCE ENGINEER to provide to the City a Quality Control/Quality Assurance Plan (QC/QA Plan) outlining the ENGINEER's method of ensuring the highest levels of design and accuracy are incorporated into the calculations, plans, specifications, and estimates. ENGINEER is responsible for and shall coordinate all subconsultant activity to include quality and consistency of plans. If, at any time, during the course of reviewing a submittal of any item it becomes apparent to the CITY that the submittal contains errors, omissions, and inconsistencies, the CITY may cease its review and return the submittal to the ENGINEER immediately for appropriate action. A submittal returned to the ENGINEER for this reason may be rejected by the CITY Project Manager. 10.1. QC/QA of Survey and SUE Data • The ENGINEER's Surveyor shall perform Quality Control/Quality Assurance on all procedures, field surveys, data, and products prior to delivery to the CITY. The CITY may also require the ENGINEER's Surveyor to perform a Quality Assurance review of the survey and/or subsurface utility engineering (SUE) work performed by other surveyors and SUE providers. • ENGINEER's Surveyor shall certify in writing, via a letter, that the survey information provided has undergone a Quality Control/Quality Assurance process. • ENGINEER's Subsurface Utility Engineering provider shall certify in writing, via a letter, that the SUE information provided has undergone a Quality Control/Quality Assurance process. 10.2. QC/QA of Design Documentation • ENGINEER shall perform a QC/QA review of all documents being submitted for review at all stages of the design including the 30%, 60%, and 90% and Final Document design review submittals. QA should be performed by an individual within the firm who is not on the design team. • ENGINEER is to acknowledge that each item on the Detailed Checklist has been included by checking "done" on the checklist. If a particular checklist item is not applicable, this should be indicated by checking "N/A". If an entire checklist is not applicable, this should be indicated by checking every item on the list as "N/A" and still included with the submittal. The ENGINEER shall use the Detailed Checklist provided by CITY. • A Comment Resolution Log must be used to document conflicting comments between reviewers and to highlight comments made by the CITY that the ENGINEER is not incorporating into the design documents along with the associated explanation. The ENGINEER shall use the Comment Resolution Log provided by CITY. • The documentation of a QC/QA review includes (1) a copy of the color-coded, original marked-up document (or"checkprint") developed during the QA checking process and/or review forms which sequentially list documents and associated comments; and (2) a QC sign-off sheet with signatures of the personnel involved City of Fort Worth,Texas Page 22 of 24 Attachment A PMO Release Date:02.06.2015 Page 22 of 24 FORT WORTH. in the checking process. Mark-ups may also be documented using the Comment Resolution Log. • Evidence of the QC/QA review will be required to accompany all submittals. Documentation shall include, but is not limited to, the following items: - PDF of the completed Detailed Checklists - PDF of the QC/QA checkprint of the calculations, plans, specifications, and estimates demonstrating that a review has been undertaken; - PDF of previous review comments (if any) and the ENGINEER's responses to those comments in the Comment Resolution Log. • If any of the above information is missing, is incomplete or if any comments are not adequately addressed; the CITY may contact the ENGINEER and request the missing information. If the ENGINEER does not respond to the request within 24 hours, the CITY shall reject the submittal. No additional time will be granted for a returned submittal. • If the ENGINEER has not adequately addressed the comments, the submittal shall be rejected and returned to the ENGINEER immediately to address the issues. ASSUMPTIONS • All submittals to the City will be Quality checked prior to submission. • A PDF of the QC/QA documentation will be uploaded to the project folder in Buzzsaw. DELIVERABLES A. QC/QA documentation City of Fort Worth,Texas Page 23 Of 24 Attachment A PMO Release Date:02.06.2015 Page 23 of 24 FORT WORTH, 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: • 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 Page 24 of 24 Attachment A PMO Release Date:02.06.2015 Page 24 of 24 ATTACHMENT B COMPENSATION Design Services for 2018 Bond Program Transportation Design On-Call Services Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the attached rate schedule table (Exhibit 13- 2) the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. ATTACHMENT B COMPENSATION 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. ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Cobb, Fendley & Design, Bid, and $450,000 90.00% Associates, Inc. Construction Phase Services Proposed MBE/SBE Sub-Consultants Nathan D. Maier Consulting Design and Support $50,000 10.00% Engineers, Inc. Services Non-MBE/SBE Consultants TOTAL $500,000 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE $500,000 $50,000 10.00% City MBE/SBE Goal = 10 % Consultant Committed Goal = 10 % CobbFendley 2018 Standard Rate Schedule Principal /Chief Engineer .......................................................................................... $275.00/HR Senior Engineer .........................................................................................................$260.00/HR Senior Project Manager ............................................................................................. $225.00/HR Project Manager II .....................................................................................................$210.00/HR Project Manager I ......................................................................................................$185.00/HR Senior Hydrologist .....................................................................................................$210.00/HR Project Engineer III ....................................................................................................$160.00/HR Project Engineer II .....................................................................................................$145.00/HR Project Engineer I ......................................................................................................$125.00/HR Senior Technician ......................................................................................................$135.00/HR Technician III .............................................................................................................$120.00/HR Technician II ..............................................................................................................$110.00/HR Technician I ......$90.00/HR ........................................................................................................... Licensed State Land Surveyor ................................................................................... $225.00/HR Registered Professional Land Surveyor ..................................................................... $165.00/HR 4 Person Field Services Crew.................................................................................... $180.00/HR 3 Person Field Services Crew.................................................................................... $160.00/HR 2 Person Field Services Crew.................................................................................... $140.00/HR 1 Person Field Services Crew.................................................................................... $100.00/HR 2 Person Hy-Drone Crew ........................................................................................... $325.00/HR 2 Person UAV Drone Crew ........................................................................................ $225.00/HR Construction Manager III............................................................................................ $250.00/HR Construction Manager II............................................................................................. $210.00/HR Construction Manager I.............................................................................................. $185.00/HR Senior Field Construction Observer ........................................................................... $125.00/HR Field Construction Observer ...................................................................................... $105.00/HR UtilitySpecialist..........................................................................................................$140.00/HR Telecommunications Designer ................................................................................... $115.00/HR Telecommunications Field Person ...............................................................................$90.00/HR GISManager .............................................................................................................$160.00/HR GISAnalyst................................................................................................................$110.00/HR Post Processing GPS Data ........................................................................................ $110.00/HR Right-of-Way Project Manager ................................................................................... $160.00/HR Right-of-Way Attorney................................................................................................$150.00/HR Right-of-Way Agent....................................................................................................$135.00/HR Administrative ............................................................................................................$100.00/HR Clerical.........................................................................................................................$75.00/HR GPS .......................................................................................................... $37.00/HR/Receiver CobbFendley 0:00 so 2018 Standard Rate Schedule (Continued) SUBSURFACE UTILITY ENGINEERING One-Man Designating Crew (4-Hour Minimum) ..............................................................$100/HR Two-Man Designating Crew (4-Hour Minimum) ..............................................................$160/HR Vacuum Excavation Truck with 2 Technicians (Vac 3000 & 4000) (4-Hour Minimum).....$280/HR Vacuum Excavation Truck with 2 Technicians (Vac 6000) (4-Hour Minimum).................$300/HR Ground Penetrating Radar with 1 Technician (4-Hour Minimum) ....................................$250/HR Traffic Control Officer.............................................................................................@ Cost+ 10% Traffic Control (Lane Closures, etc.) ................................................................. To Be Negotiated Permits (Local, State, etc.).....................................................................................@ Cost + 10% Designation & Traffic Control Vehicles ......................................................................... $3.40/Mile LocationVehicles......................................................................................................... $6.80/Mile REIMBURSABLE EXPENSES Technology Fee (*) ........................................................................................................$3.75/HR Consultant or Specialty Contractor (Outside Firm) .................................................@ Cost + 10% Courier, Special Equipment Rental ........................................................................@ Cost + 10% Reasonable Out of Town Travel Expenses (Air, Hotel, Rental, etc.) ................................. @ Cost Mileage (Standard Car or Truck).................................................................... IRS Approved Rate Per Diem for Out of Town Travel (Per Day/Person) .........................................................$36/Day Title Plant Charges ................................................................................................@ Cost+ 10% Other Misc. Expenses Related to the Project .........................................................@ Cost + 10% In-House Reproduction: ➢ Copies (Up to 11" x 17")..................................................................................$0.15/Each ➢ Color Prints (Up to 11" x 17") ..........................................................................$1.50/Each ➢ Color Prints (Larger than 11" x 17") ..............................................................$3.00/Sq. Ft. ➢ Bluelines (All Sizes) ........................................................................................$1.00/Each ➢ Bond Prints (All Sizes) ....................................................................................$2.00/Each ➢ Mylar Prints ..................................................................................................$12.00/Each ➢ Vellum Prints ..................................................................................................$9.00/Each (')Technology charges added to each billable man-hour. Professional Services Payment Request Project Manager: Clint Hoover.P.E. Summary Project: 2018 Bond Program Transportation Design On-Call Services City Project#: Various City Sec Number. TBD Company Name: CobbFenmeyaA--tea Consultant's PM: Ted B.Sugg,P.E. email: mugg@cobbtendley.com Vendor Invoice#: Office Address office address Payment Request#: Telephone: 972-335-3214 From Date: Fax: 972-335-3202 To Date: Invoice Date: Remit Address:13430 Northwest Freeway.Suite 1100 Houston,Teas 77040 Agreement Agreement Amendment Amountto Amount Percent (5)Invoiced Current Remaining Sheet FAC and Work Type Description Amount Amount Date Spent Spent Previously Invoice Balance Work Type 1 On-Ca l Transportation Design $500,000.DC 3500000.00 $500,000.0 Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 Totals This Payment Request $500.00000 $500.000.00 $500.DOD 0o Overall Percentage Spent: CobbFendley 8 Associates Invoice Consultant Project No. CFW Project Manager Clint Hower,P.E. Proj.Invoice No. Invoice dote: Consultant's Project Manager. Ted B.Supp,P.E. Consuttent's small: buggQopbhWxW mm Period From Date To Date Name of Project: 201e Bond Program T—oponabon Design on- City Secretary Contract 0: TBD Cal swims P.D.Number. Labor Cateoory Name Hours Rate /hr Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Labor 0.0 $0.00 Subcontract Aeg er Subcontractor Subtotal $0.00 10 Permnt Markup on Subcontract Services $0.00 Nonlabor Ex enses Nonlabor Expense Subtotal $0.00 Total Expenses(Subcontract Services+Markup+NonlaborExpensas) $0.00 TOTAL DUE THIS INVOICE $0.00 Professional Services Payment Request Project Manager: Clint Hoover,P.E. Project: 2018 Bond Program Transportation Design On-Call Services City Project#: Various Work Type Desc: On-Call Transportation Design Consultant Instructions: F/A/C: City See Number: TBD FIII In green cells Including Percent Complete and Invoiced Previously Quanitles Purchase Order: When your Invoice is complete,save and close,scan Buusaw and Add your Invoice ro the Consultant folder within Project's fader. Name: CobbFenmey a Aswaates Consultant's PM: red B.Sugg.P.E. email: 1su9g(dcobbfendley.com Vendor Invoice#: red B.Sugg,P.E. Office Address office address Payment Request#: Telephone: 972-335-3214 From Date: Fax: 972-335-3202 To Date: Invoice Date: Remit Address:13430 N,Al Freeway,suite 1100 Houston,Texas 77040 Pay Items Agreement Agreement Amendment Amendment Amount to Amount Percent (S)Invoiced Current Remaining Description Amount Number Amount Date Spent Sent Previously Invoice Balance 30-Design $500,0010 S500 00000C $SDO.ODD.O Totals This Unit: $500.000.00 $500,000.00 $500.000.00 Overall Percentage Spent: ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT 2018 Bond Program Transportation Design On-Call Services 1. The word "VOLUNTEERS" is removed from the following paragraph. K. INSURANCE (2) GENERAL INSURANCE REQUIREMENTS 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. The revised paragraph reads as follows. INSURANCE (2) GENERAL INSURANCE REQUIREMENTS 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, and agents as respects the contracted services. City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page I of 1 FORTWORTH ATTACHMENT "D" PROJECT SCHEDULE 2018 Bond Program Transportation Design On-Call Services A. Engineer Project Schedule Development Engineer shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement. Engineer shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. Engineer's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier" level for the Engineer's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule Engineer will produce an initial project schedule and submit as a "baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule Engineer will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. Engineer's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Worth,Texas Attachment D PMO Release Date:02.15.2011 Page 1 of 1 ATTACHMENT E 2018 Bond Program Transportation Design On-Call Services FORTWORTH. CobbFendleyNN 1300 South University Drive,Suite 300 1 Fort Worth,Texas 76107 Tel:817.445.1016 Fax: 817.445.1017 TBPE Firm Registration No.F-274/TBPLS Registration No.10194167 LOCATION MAP TO BE PROVIDED WITH EACH TASK ORDER CERTIFICATE OF INTERESTED PARTIES FORM 1295 10111 Complete NOS.1-4 and 6 it there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3.5,and 6 it there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018.364585 Cobb,Fendley&Associates,Inc. Houston,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/06/2018 being filed. City of Fort Worth Date Acknoydedged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 101588 Design Services,Surveying,Roadway, Bid Services,CM 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Warth,Daniel Austin,TX United States X Bostwick,John Frisco,TX United States X Silver,Monica Houston,TX United States X Conger,Dale Houston,TX United States X 5 Check only if there is NO Interested Party. E] 6 UNSWORN DECLARATION My name Is EN:abeth auenullo _ and my date of birth is 07/10178 My address is 13430 Nonhwsst Ftemay.Sults 1100 Houston Tx 77040 USA (street) (oily) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in .s,,,, County. State of Texas —on the 6th day of Jure .20 to (month) (year) Sig re of a horized agen contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethic .state.tx.us Version V1.0.5523 Client#: 153896 COBBFEND DATE(MMIDDIYYYY) ACCORD,,. CERTIFICATE OF LIABILITY INSURANCE 7/06/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsernent(s). PRODUCER CONTACT NAME: Shelly Brandman/Michelle Weweh _ USI Southwest PHONE FAx 713 490-4600 713 490-4700 A1C,No,Ext): ,(AIC,Not: 9811 Katy Freeway,Suite 500 E-MAIL usi.certre uest usi.com ADDRESS: q Houston,TX 77024 713490-4600 INSURERS AFFORDING COVERAGE NAIC 11 INSURER A:Nali...I Fin Ina.—.C..of Hartford 20478 INSURED INSURER B:ConllnantalImu --Co.ofNJ 42625 Cobb,Fendley&Associates,Inc. INSURER C:V.tleyFont.ln.unnc.Ca wy 20508 13430 Northwest Frwy Ste 1100 — Houston,TX 77040 INSURER D:a+�'rM"'r'nceGamv'ny 32603 INSURER E:Continent./Ca.naty compnry 20443 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR _-- - 'AOOLSUBR_ POLICY'EFF` POLICY EXP - LTR TYPE OF INSURANCE _i POLICY NUMBER MMIDDIVYYY MM/DDIYYY LIMITS A .X( COMMERCIAL GENERAL LIABILITY 6072140890 7/10/2018 07/10/2019,EACH OCCURRENCE $1,000,000 __ l CLAIMS-MADE C OCCUR ppI,,t �E Tp PREMISES fEaEoNcauErrence S100,000 MED EXP(Any one person) s15000 _ PERSONAL&ADV INJURY S1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 52,000,000 POLICY I^I JECOT -LOC PRODUCTS-COMP/OP AGG 52,000,000 OTHER: S E AUTOMOBILE LIABILITY 6072140873 7/10/2018 07/10/2019 COMBINED SINGLE LIMIT IE a accidenq S1,000,000 X ANY ALTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY _ _ AUTOS X AUTOS ONLY X NON-OWNED PROPERTY DAMAGE $ -- AUTOS ONLY _(Per accident).__._..................___..... -–--.............. 5 B -XUMBRELLA LIAR �___CLAIMS-MACE OCCUR 6072140839 7/10/2018 07/10/2019 EACH OCCURRENCE 512,000,000 EXCESS LIAB -- AGGREGATE 512,000,000 DED X RETENTION S1 0,000 S C WORKERS COMPENSATION 6072140842 07/10/2018 07/10/2019,X PER OT"- AND EMPLOYERS'LIABILITYSTATUTE Eg ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT S1,00 000-_ OFFICER/MEMBER EXCLUDED? a N I A (Mandatory In NH) E.L.DISEASE•EA EMPLOYEE S1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 51,000,000 _ D Professional AEC902141903 0711012018 07/10/2019 $5,000,000 Per Claim l Liability $5,000,000 Amnl Aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached It more space Is required) The General Liability and Automobile Liability policies includes an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder only when there is a written contract that requires such status,and only with regard to work performed on behalf of the named insured. The General Liability and Automobile Liability policies contain a special endorsement with"Primary and (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 Texas Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth,TX 76102-0000 AUTHORIZED REPRESENTATIVE C ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S23474714/M23473646 NSNZP DESCRIPTIONS (Continued from Page 1) Noncontributory"wording. The General Liability,Automobile,Workers Compensation,and Professional Liability policies provide a Blanket Waiver of Subrogation when required by written contract. The General Liability,Automobile,Workers Compensation,Umbrella Liability,and Professional Liability policies include an endorsement providing that 30 days notice of cancellation for reasons other than nonpayment of premium and 10 days notice of cancellation for nonpayment of premium will be given to the Certificate Holder by the Insurance Carrier. The Umbrella Liability policy follows form. This Certificate is issued for insured operations usual to engineering services. SAGITTA 25.3(2016103) 2 of 2 #S23474714/M23473646 DOE PROJECTX BID KUMER-- �'O T WORTH Mkm check are) MlnoritylWomen Business Enterprise Office LETTER OF INTENT TO PERFORM AS ASBE SUBCONTRACTONSUBCONSULTANT [NOTE; Pursuant to the City of Fort Worth Business Diversity Enterprise Ordinance,SBE firms participating under the Ordinance must be certified prior to recommendation of award in order to be counted towards subcontracting palicipdon. A,bl[Business Enterprise(SBE)Is defined as a business concern located in the marketplace tfrad masts the Unites Stales Small Business AbNnl*af3on definition of a small business as outlined In the code of Federal Regulation 13 CFR 121.Flims certified as a Disadvantaged Business Enterprise(DBE)also meet small business enterprise requirements.] 1. Name of Project TPW-91oIW Delivery On-Corti D2 ft 2. Name of ollarodPrlme contractor CoWendIly&Atrsaclatss,Ina 3. The undersigned Is prepared to perform the blowing described work and/or supply the malerial fisted in connection with the above pub hW a appy y'supp►lr or imsiff or bolhr Dealrul_and Bunn Supp rot Sprees—Sca►lea bo in dented in d4W1 is WorkAuthorisabn ars Issued at the price of$10%Connrttt Nathan D.Maier Consulting Engineers,Inc. I (Hams of ssE Finn) ( ) Circle o Owner/ uthodzed Agent of SBE flan)Type or Print Name (Sig m of Owner or Authorized Agent of WE firm) JMtt]erDean@ndmce.com 214739.47411 214-7V-5261 (Ercall Address to appear on Ustings provided by the WME OMm) (Ottlloe and Fax Kwabam) AFFIDAVIT OF OfifgrorlPdme CONTRACTOR I HEREBY DECLARE AND AFFIRM that I, J.Cal Bostwick Jr.Vig2 Prt�te�nt am the duy aulhodzed MPm5oRIfIIvo d Circle one(OwnedAudwrizad Apo Cobb,Fentft&AwcyWn,Ing. and that I two personally reviewed the rr<af rW and IkMe of 11011ne coakedw fads set forth in this Letter of Intent to Perform. To the best of my Mowlwlp,Information and belief,the facts In this form are bm,and no material fads have been omkW. Pursuant to the City of Fort Wath Business Diversity Enterprise Ordinance,any person[entity]who maim a false or fraudulent statement In connection with participation of a SBE in any City of Fort Worth contract may be referred for debamrert procedures under the City of Fort Worth Business Diversity Enterprise Ordinance. I do solemnly swear or affirm that the signatures contained herein and the inlonmallon provided by the Prime Contractor are true and correct and that I am authorized on behalf of the Prime Contractor b make the affidavit J.Cal Bostwick,Sr.Vice President CobbFendley Sr Associates Circle H dzed Agent)Type or Print Name (Name of Prime Contractor-Print or Type) ill-lite Signa of Owns r AuVwrIZad Agent) (Dass) 9 5.3214 972.335202 (Otte Nuaber) (Fast NrrmW --- t311012 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/21/2018 DATE: Tuesday, August 21, 2018 REFERENCE NO.: **C-28807 LOG NAME: 20TRANSPORTATION IMPROVEMENT AGREEMENTS SUBJECT: Authorize Execution of Engineering Services Agreements with Four Individual Companies Each in an Amount Not to Exceed $500,000.00 per Agreement for Engineering and Design Services for Transportation Improvements (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council aut rize the execution of an Engineering Services Agreement for Transportation Improvements with: Cob endley &Associates, Inc. in an amount not to exceed $500,000.00; Lockwood, Andrews & Newman, Inc. in an amount not to exceed $500,000.00; Freese & Nichols, Inc. in an amount not to exceed $500,000.00 and Kimley-Horn and Associates, Inc. in an amount not to exceed $500,000.00. Each agreement may be renewed up to two additional times. DISCUSSION: The Transportation and Public Works Department has implemented changes to the project delivery process to improve efficiency and accelerate schedules for capital projects. As part of this effort, Staff recommends the authorization of on-call engineering and design services agreements with consulting firms to reduce the delays and costs associated with preparing engineering design work for capital projects. Staff estimates that this approach will reduce the project time for smaller transportation projects by approximately three months when combined with current efforts to improve the processes for project funding appropriations. The projects include design of street lighting, traffic signals, intersection improvements, sidewalks and other related transportation improvements as identified by City.staff. Projects needing on-call engineering and design services will be identified by staff and task orders will be issued as appropriate. Each Agreement may be renewed up to two additional times. M/WBE Office —All firms are in compliance with the City's BDE Ordinance by committing to at least 10% SBE participation on these projects. The City's SBE goal on these projects is 10%. The projects will be located in all COUNCIL DISTRICTS. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget as appropriated of the projects identified for agreement services. Prior to an expenditure being incurred, the participating department has the responsibility to validate the availability of funds. Logname: 20TRANSPORTATION IMPROVEMENT AGREEMENTS Page I of 2 TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year (Chartfield 2) FROM Fund Department Accoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Douglas Wiersig (7801) Ricardo Matute (5498) Additional Information Contact: Lissette Acevedo (2722) ATTACHMENTS 1. Contract Comp Memo 4.pdf (CFW Internal) 2. Form 1295 Task Order 4.pdf (Public) Logname: 20TRANSPORTATION IMPROVEMENT AGREEMENTS Page 2 of 2 C-a2�bl CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos.1-4 and 6 if there are Interested parties. OFFICE USE ONLY Complete Nos,1,2,3,S.and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-381161 Cobb,Fendley&Associates,Inc. Houston,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party tot the contract for w c t e orm is 07/17/2018 being filed. City of Fort Worth Date Acknov4l d ed: l� 3 Provide the Identification number used by the governmental entity or state agency to track or Identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. tbd On call design services for traffic related improvements including traffic signals,street lights,sidewalk,paving,drainage and related traffic elements 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Warth,Daniel Austin,TX United States X Bostwick,John Frisco,TX United States X Silver,Monica Houston,TX United States X Conger,Dale Houston,TX United States X 5 Check only if there Is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name Is errwa,..rr and my date of birth is mneo. My address IS nao Nru...,irnnw..sw.rua Nwre. rz 7roN USA (street) (dty) (state) (zip coda) (country) I declare under penalty of perjury that the foregoing Is true and correct. Executed In .cart 1 iiy, State of 7e.as on the ,7tn uay Of v„ .20_UL_. (nth) (year) Sig at ofthoriz d agent of ntraOn se nesntily-- (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711