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HomeMy WebLinkAboutContract 52265 CITY SECRETARY CONTRACT NO. 5a a CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("City"), and Lockwood, Andrews & Newnam, Inc., authorized to do business in Texas ("Consultant"), for a PROJECT generally described as: High Woods Storm Drain Reconstruction. Article I Scope of Services (1) Consultant hereby agrees to perform the professional services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with High Woods Storm Drain Reconstruction. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated an amount up to $40,918.00 in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Article III Term Unless terminated pursuant to Article VIII herein, this Agreement shall be for a term beginning on the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. City of Fort Worth,Texas Standard Agreement for Professional ServicesRevis 1 o 9 b ®FR['°i Page 1D Date:11.07.17 CITY SECRETARY FT. WORTH,TX Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) THE CONSULTANT, AT NO COST TO THE CITY, AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. City of Fart Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 2 of 9 Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease- policy limit $100,000 disease- each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be attached to this Agreement prior to its execution. c. Any failure on part of the City to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 3 of 9 h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article Vill Termination of Contract (1) a. City may terminate this Agreement for its convenience on 30 days' written notice to Consultant. b. Either the City or the Consultant, for cause, may terminate this Agreement if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction.' (2) If City chooses to terminate this Agreement, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article II of this Agreement and Exhibit "B" attached hereto and incorporated herein. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 4 of 9 Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub- consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12-2011, as amended), the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 5 of 9 thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XII Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. Article XIII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIV Contract Construction The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article XV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 6 of 9 Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVI Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City: City of Fort Worth Attn: Michael Wellbaum, PE, CFM TPW Storm Water 900 Monroe Street, Suite 200 Fort Worth, Texas 76102 Consultant: Lockwood, Andrews & Newnam, Inc. Attn: Justin Reeves, PE, LEED, AP 1320 South University Drive, Suite 450 Fort Worth, Texas 76102 Article XVII Prohibition On Contracts With Companies Boycotting Israel Consultant acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel' and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Article XVIII Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 7 of 9 Article XIX Attachments, Schedules and Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this Agreement: Attachment A- Scope of Services Attachment B - Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH CONSULTANT L00,AW00a, .An—rirews & Newnam, Inc. Susan Alanis u in Reeves, PE, LEED AP Assistant City Manager As ociate, Team Leader Date:-5 1 Date: 04 2 2a APP VA RECO NDED: By: Ste Cooke Interim Director, TPW City of Fort Worth,Texas Standard Agreement for Professional Services ®REC®® OFFICIAL Revision Date:11.07.17 A RECORD Page 8 of 9 CITY SECRETARY ET. WORTH,TX Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting Form 1295 No. 94 requirem MA No.: Mich I V1,fellb1burn, PE, CFM M&C Date: ProjebWanager APPROVED AS TO FORM AND LEGALITY ATTEST: F0R-'r Douglas Black Mary J. Ka r 7U z Assistant City Attorney City Secretary City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 9 of 9 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX ATTACHMENT "A" Scope for Engineering Design Related Services for High Woods Storm Drain Reconstruction 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. Under this scope, "ENGINEER" is expanded to include any sub-consultant, including surveyor, employed or contracted by the ENGINEER. OBJECTIVE The Engineer shall develop a retaining wall design parallel to the Woodhaven Country Club Estates property line adjacent to the shared driveway of 913 High Woods Trail and 917 High Woods Trail. The Engineer will provide two soil borings for the foundation design of the retaining wall in accordance with the TxDOT Geotechnical Manual (Dec 2012) and TxDOT Fort Worth District procedures and design guidelines. The wall will be designed and constructed in accordance with TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, 2014. The Engineer shall submit early in the plan preparation the retaining wall layout to obtain approval from the City. The Engineer shall incorporate all necessary information from above referenced manuals and respective checklists into the retaining wall layouts. The Engineer shall indicate limits of existing retaining walls for tie-in with the proposed retaining wall. The Engineer is responsible for design of wall geometry, stability, and structural details. The scope of services in this contract includes: • The Engineer shall select a tiered CIP spread footing wall system for this site to tie-in to the existing tiered timber retaining walls. • The Engineer shall provide layouts, elevations, construction estimate, typical sections and applicable structural details for the retaining wall. • The Engineer shall perform design calculations to check the external stability of the walls including slope stability, bearing, sliding and overturning and detail drawings in accordance with the standard requirements of the State. • The Engineer shall perform design calculations applicable for the structural design of the tiered CIP Spread Footing Wall system and provide appropriate design details for construction. • Coordination with City provided Drainage Engineer. All Drainage, Storm Water Appurtenances, Driveway Pavement Restoration and Topographic Survey will be completed by the City or Others. The City will provide the Landscaping after completion of this contract. Trees, shrubs and grass will have to be replaced between the driveways (landscaping or irrigation design are NOT included in this contract). City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 1 of 8 WORK TO BE PERFORMED Task 1. Design Management Task 2. DELETED Task 3. Preliminary and Final Design Task 4. DELETED Task 5. DELETED Task 6. Construction Phase Services Task 7. DELETED Task 8. DELETED Task 9. DELETED Task 10. Plan Submittal Checklists 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 is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting • Conduct review meetings with the CITY at the end of each design phase. • Conduct QA/QC reviews and document those activities. • Conduct and document periodic design team meetings. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • 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. • 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 • Two meetings, two invoices. City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 2 of 8 • All submittals to the City will be Quality checked prior to submission. DELIVERABLES A. Meeting summaries with action items B. QC/QA documentation C. Two invoices D. Final Summary Payment Report Form E. Plan Submittal Checklists (See Task 10) TASK 2. DELETED TASK 3. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Final plans shall be submitted to CITY per the approved Project Schedule. The ENGINEER shall submit a final design estimate of probable construction cost with the final design plans submitted. This estimate shall use ONLY standard CITY bid items. 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 the State of Texas. ENGINEER will develop the design of the infrastructure and prepare construction plans as follows. 3.1. Development of Design Drawings shall include the following: • Cover Sheet • 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). • Layout drawings of the proposed retaining wall improvements, including existing lot layout with property ownership, streets, curb lines, driveways, medians (if applicable), sidewalks, existing and proposed water and sanitary sewer mains, existing utilities and existing utility easements within the project limits. • No less than two bench marks per plan/profile sheet. • The ENGINEER will prepare standard and special detail sheets that are not already included in the City's standard details. These may include connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project, trenchless details, and special service lateral reconnections. City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 3 of 8 3.2 Geotechnical Investigation • 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. ASSUMPTIONS • Retaining wall calculations and design shall conform to the current TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, 2014. • Sheet list (retaining wall layout sheet, retaining wall special details sheet). A. The specific requirements for the Retaining Wall Layout are as follows: a. Layout Plan i. Designation of reference line ii. Beginning and ending retaining wall stations iii. Offset from reference line iv. Total length of wall v. Indicate face of wall vi. All wall dimensions and alignment data vii. Soil boring locations viii. Subsurface drainage structures or utilities which could be impacted by wall construction. b. Elevation: i. Top & bottom of wall elevations ii. Existing and finished ground line elevations iii. Vertical limits of measurement for payment iv. Top and bottom of wall profiles plotted at correct station & elevation. v. Weep hole locations vi. Drainage protection system vii. Any soil improvement, if applicable. viii. Wall drainage structures and utilities as noted above c. Section View: i. Limits of Type C retained fill for spread footing walls City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 4 of 8 ii. Weep hole location iii. Soil improvements, if applicable. • Drainage and driveway pavement repair sheet(s) and details to be provided by the City or Others. • 2 borings are to be completed for geotechnical investigations. • The topographic survey will be provided by the City or others. • PDF drawings and PDF pay item list will be delivered for the 90% design. • A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM360. • PDF drawings and PDF pay item list will be delivered for the 100% design. • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM360. DELIVERABLES B. Documentation of key design decisions (Project Decision Log) C. 90% plans and 1 review meeting D. 100% construction plans E. Geotechnical report TASK 4. DELETED TASK 6. DELETED TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support • The ENGINEER shall visit the project site once to observe and report on progress. • 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. 6.2 Record Drawings • The ENGINEER shall prepare record drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o As-Built Survey o Red-Line Markups from the Contractor o Red-Line Markups from City Inspector City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 5 of 8 o Copies of Approved Change Orders o Approved Substitutions • The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, on mylar for record storage. 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 mylars. • Record Drawings shall also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-35667_org36.pdf' where "X- 35667" is the assigned file number obtained from the CITY, "_org" 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 BIM360. City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 6of8 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 • One site visit is assumed. • Three RFI's are assumed. • One copy of full size (22"x34") mylars will be delivered to the CITY DELIVERABLES A. Response to Contractor's Request for Information B. Record Drawings TASK 7. DELETED TASK 8. SURVEY— BY OTHERS TASK 9. DELETED TASK 10. PLAN SUBMITTAL CHECKLISTS Engineer shall complete and submit Plan Submittal Checklists in accordance with the following table: PLAN SUBMITTAL CHECKLIST REQUIREMENTS Water Storm /Sewer Attachment"A" (Submit Type Water All @ 90% 30% if impacted) Storm Water X X *If included in street project 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 City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 7 of 8 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. • SUE • Permitting • Construction survey • Right of entry • ROW/Easement services • Review of contractor submittals, shop drawings or change orders • Public meetings • Preconstruction meeting • Final inspection • Preliminary submittal • Bidding • Traffic Control • Topographic Survey City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 8 of 8 ATTACHMENT B COMPENSATION Design Services for High Woods Storm Drain Reconstruction City Project No. 102070 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $40,918.00 as summarized in Exhibit B-1 — Engineer Invoice and Section IV—Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the TPW Storm Water Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Lockwood, Andrews & Retaining Wall Design $31,300.00 76% N�ewnam, Inc. Proposed MBE/SBE Sub-Consultants CMJ Engineering, Inc. Geotechnical Engineering $9,618.00 24% Services Non-MBE/SBE Consultants TOTAL $ 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE PN 102070, High Woods Retaining $ 40,918.00 $ 9,618.00 24 % Wa I I City MBE/SBE Goal = 0% Consultant Committed Goal = 0 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 3 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 3 B-3 � k0 J / $ > m ! kCL 2 \ k L £ � � g R �) ƒ \ � � � o � f _ ; Iaf kkam2 ® a - f ■ )� o ) { ! § ! « 2 cx k (AE ) u \ § [ Li « � § 'A! g or ■ ! 2 f)� � 7 § 22 0�L J � / � \ 2 � » CL � _ I b | ■ k S7 7 ® m � » f0 ® ck ■ / . LL ) { : � ± ) \ @ � § k z ) �%§ & §� ) ( �f W-Rkk ;{;(; | ; | k \ LCL> ttt/ cocoa.$$ !a aQ 6 Q £ 3 ! « !� 3Z iL I� _ �) ! k � [ ; u I {§ k ) ! \\ k � \ | a ) IL ! § 2! cc \ k ! > | ! ]/ § !5` ) t! 2 ; |®. co` \ / { CD ]/12 T - c 4 E { - 8C § 2 § / § £ G { ® ! b I/2 ] \ B % § ! k! ■ �acr e cn £) ! ]% _ -f�coo § CL A 0 t § CLCL = a abJ�u� u !! lcn= a \\ ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for High Woods Storm Drain Reconstruction City Project No. 102070 <List any changes to the Standard Agreement> City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 FORT WORTH ATTACHMENT "D" PROJECT SCHEDULE The following sections are not applicable for this contract. Consultant understands the urgency of the project and will endeavor to complete tasks in a timely manner. A. ENGINEER P:ejest Srhedule Developmen A##aehment A #e the Agreement ENGINEER shall pFepare and maintain pFGjeGt GGhedwle througheut the life of the pFojeG Engineer Preleet gGhed ilc ENGINEERs pFojeGt GGhedule—will fell9w the (`ri+ieal Path Methedelegy ((;Pm) fer B. SGh "Tier" Setestie„ G,ity ;as identified thFe-e "Tie—r" levels f�ejest—GGhedu es as—defin^'� ;-=ems Ghed��lulede ellepmennT—Cii 's PFejeGt ManrmgeF �•�etermine the "Tier' level fsrthe F=NGINF=ER'c proieot oohed ale as part of the negetiation of the Agreement G. PFGjeGt Baseline Srhedule eeherdu le fellow the req iirementc of Gity's Speeifioatien nn 41 15, ENGINEER w4l provide to the Gi#v monthly updates to their proiee# eehedule inrtina#inn 15 and 6aird oohed le will he referrer) to as the Droieet Pregress Cehed ale E. Master 12FejeGt Cnhedule CFty will develep and maintain master pFojeetssnedule for the GVeroll preiee# of the developmept and updating proee6s of GifiPc Master Drejeot SGhed le City of Fort Worth,Texas Attachment D Revision Date:07.20.2018 Page 1 of 1 O U yyp�y�•+.+ IF +a=r x �1FT��`�1 F •4 - 1 f h � ' W o Ink +r } V o N x ' � �