HomeMy WebLinkAboutContract 52934 CITY SECRETARY
CONTRACT N0._ N`131 _
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 Dunaway Associates, LP, authorized to do business in Texas ("Consultant"), for
a PROJECT generally described as: Catalina Court Drainage Improvements.
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 Catalina Court Drainage Improvements.
(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 $22,285.00 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 Vlll 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.
a City of Fort Worth,Texas CPN 102246
Standard Agreement for Professional Services Catalina Court Drainage Improvements
Cr CE� Page Revis1on 1 of gate:11.07.17
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Article IV
Independent Contractor
Consultant shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Consultant shall have exclusive control of and the
exclusive right to control the details of the work to be performed hereunder and of all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
agents, employees, contractors and subcontractors. The doctrine of respondeat superior
shall not apply as between City and Consultant, its officers, agents, employees, contractors,
and subcontractors, and nothing herein shall be construed as creating a partnership or joint
venture between City and Consultant.
Article V
Professional Competence and Indemnification
(1) Work performed by Consultant shall comply in all aspects with all applicable local,
state and federal laws and with all applicable rules and regulations promulgated by
the local, state and national boards, bureaus and agencies. Approval by the City
shall not constitute or be deemed to be a release of the responsibility and liability of
Consultant or its officers, agents, employees, contractors and subcontractors for the
accuracy and competency of its services performed hereunder.
(2) THE CONSULTANT, AT NO COST TO THE CITY, AGREES TO DEFEND,
INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND
EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS,
ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT
LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING
DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY
CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF
THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR
INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS,
ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE 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 Fort Worth,Texas CPN 102246
Standard Agreement for Professional Services Catalina Court Drainage Improvements
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 CPN 102246
Standard Agreement for Professional Services Catalina Court Drainage Improvements
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 VIII
Termination of Contract
(1) a. City may terminate this Agreement for its convenience on 30 days' written notice
to Consultant.
b. Either the City or the Consultant, for cause, may terminate this Agreement if
either party fails substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such nonperformance within
5 days' written notice or thereafter fails to diligently complete the correction.
(2) If City chooses to terminate this Agreement, upon receipt of notice of termination,
Consultant shall discontinue services rendered up to the date of such termination
and City shall compensate Consultant based upon calculations in Article II of this
Agreement and Exhibit "B" attached hereto and incorporated herein.
(3)All reports, whether partial or complete, prepared under this Agreement, including
any original drawings or documents, whether furnished by the City, its officers,
agents, employees, consultants, or contractors, or prepared by Consultant, shall be
or become the property of the City, and shall be furnished to the City prior to or at
the time such services are completed, or upon termination or expiration of this
Agreement.
City of Fort Worth,Texas CPN 102246
Standard Agreement for Professional Services Catalina Court Drainage Improvements
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 CPN 102246
Standard Agreement for Professional Services Catalina Court Drainage Improvements
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 CPN 102246
Standard Agreement for Professional Services Catalina Court Drainage Improvements
Revision Date:11.07.17
Page 6 of 9
Agreement shall be construed as if such invalid or unconstitutional portion had never been
contained therein.
Article XVI
Notices
Notices to be provided hereunder shall be sufficient if forwarded to the other Party by
hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage
prepaid, to the address of the other Party shown below:
City of Fort Worth
Attn: Michael Wellbaum, PE, CFM
TPW Stormwater Capital Delivery
900 Monroe Street, Suite 200
Fort Worth, Texas 76102
Consultant:
Dunaway Associates, LP
Attn: Josh Wright, PE
550 Bailey Ave, Suite 400
Fort Worth, TX 76107
Article XVII
Prohibition On Contracts With Companies Boycotting Israel
Consultant acknowledges that in accordance with Chapter 2270 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the company that it: (1)
does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The
terms "boycott Israel' and "company" shall have the meanings ascribed to those terms in
Section 808.001 of the Texas Government Code. By signing this contract, Consultant
certifies that Consultant's signature provides written verification to the City that
Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the
term of the contract.
Article XVIII
Headings
The headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement
City of Fort Worth,Texas CPN 102246
Standard Agreement for Professional Services Catalina Court Drainage Improvements
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
Dunaway Associates, LP
e
Dana Blistant
doff osh ght, E
Interim, City Manager Discipline Lead II, Associate
Date: Date: 10/01/2019
APPROVAL RECOMM 'JD D.
By:.-L "JL,,�
William Johnson
Director, Transp rtation & Public Works
City of Fort Worth,Texas CPN 102246
Standard Agreement for Professional Services Catalina rovements
Revision Date:11.07.17
Page 8 of 9 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH01 TX
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the; monitoring and
administration of this contract, including A)
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APPROVED AS TO FORM AND LEGALITY ATTEST: �0 �„
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City of Fort Worth,Texas CPN 102246
Standard Agreement for Professional Services Ca ina Court Drainage
PageRevis1on 9 of gate:11.07.17 OFFICIAL RECORD
CITY SECRETARY
FT, WORTH, T3(
ATTACHMENT "A"
Scope for Engineering Design Related Services for Storm Water Improvements Projects
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
Preform conceptual analysis and prepare conceptual plans and opinion of probable
construction costs for stormdrain improvements in the area of Crestline Road, Catalina
Drive, and Rivercrest Court, Rivercrest Landing Addition, Fort Worth, Texas.
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Conceptual Design
Task 8. Survey Services
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
• Attend a pre-design project kickoff meeting with CITY staff to confirm and clarify
scope, understand CITY objectives, and ensure economical and functional designs
that meet CITY requirements.
• Conduct and document monthly project update meetings with CITY Project Manager.
• Conduct review meetings with the CITY at the end of each design phase.
• Prepare invoices, in accordance with Attachment B to this Standard Agreement and
submit monthly in the format requested by the CITY.
• Prepare and submit monthly progress reports in the format provided by the respective
CITY Department.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07/23/2012
Page 1 of 22
• 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 and according to the City of Fort Worth's Schedule Guidance Document.
• 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
• Four(4) month project duration
• Two (2) Submittal design review meetings
• Up to 10 hours of coordination with City and various stakeholders
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
C. Monthly progress reports
D. Baseline design schedule
E. Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
TASK 2. CONCEPTUAL DESIGN
The Schematic Design shall be submitted to CITY per the approved Project Schedule.
The purpose of the Schematic design is for the ENGINEER to identify, develop,
communicate through the defined deliverables, and recommend the design Schematic that
successfully addresses the design problem, and to obtain the CITY's endorsement of this
concept. ENGINEER will utilize concepts and criteria contained in the current CITY— iSWM
Criteria Manual for Site Development and Construction for conceptual planning and design.
ENGINEER will develop the conceptual design of the infrastructure as follows.
2.1. Data Collection
• 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 (such as
TxDOT and railroads), CITY Master Plans, CITY drainage complaint files,
existing applicable drainage studies, FEMA floodplain and floodway maps,
City of Fort Worth,Texas
Attachment A
PMO Release Date:07/23/2012
Page 2 of 5
existing models of project area (if any) and property ownership as available from
the Tax Assessor's office.
2.2. Drainage Computations
• ENGINEER will delineate the watershed based on contour data and field
verification and document existing street, right-of-way and storm drain capacities
for the subject site. A drainage area map will be drawn at maximum 1" = 200'
scale from available 2-foot contour data with the contours labeled. Data source
and year will be provided by the CITY. Calculations regarding street and right-of-
way capacities and design discharges (5-year and 100-year frequencies) at
selected critical locations will be provided. Other frequencies as required by
iSWM criteria may be appropriate for outfalls and sensitive locations. Capacities
of existing storm drain will be calculated and shown. All calculations shall
conform to CITY criteria delineated in the current CITY iSWM Criteria Manual for
Site Development and Construction. All locations in the project area where 100-
year runoff exceeds available storm drain and right-of-way capacities shall be
clearly identified. The ENGINEER's responsibility includes recommendations for
improvements of the existing system as deemed reasonable and consistent with
CITY standards.
2.3. The Conceptual Design Package shall include the following:
• Written summary of alternative design concepts considered, strengths and
weaknesses of each, and the rationale for selecting the recommended design
concept.
• Cover sheet
• Drainage area map with supporting drainage computations in the CITY's
standard tabular format.
• Horizontal alignment of proposed storm water improvements, including existing
lot layout, streets, street right-of-way, proposed easements, and existing utilities
gathered during the SUE within the project limits.
• Basic conceptual level Vertical alignment of proposed storm water improvements
showing exiting storm improvements and known franchise conflicts.
• Documentation of key design decisions (Project Decision Log).
• Estimates of probable construction cost including updating of previously prepared
OPCC for stormwater management options from previously prepared conceptual
plans from 2016 study in area performed by Dunaway Associates, LP.
ASSUMPTIONS
• All storm water calculations and design shall conform to the current CITY iSWM
Criteria Manual for Site Development and Construction.
• City will provide all available as-build plans and drawings.
• 4 copies of the conceptual design package will be delivered. Drawings will be
half size (11" x 17").
City of Fort Worth,Texas
Attachment A
PMO Release Date:07/23/2012
Page 3 of 5
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in Buzzsaw
• All submitted documents and checklists will also be uploaded to the designated
project folder in Buzzsaw
DELIVERABLES
A. Conceptual Design Package.
TASK 8. SURVEY
ENGINEER will provide survey support as follows.
8.1 Conceptual Design Survey
• ENGINEER will perform a minimal scope field survey to collect horizontal and
vertical elevations and other information needed by ENGINEER in conceptual
design and preparation of conceptual plans for the project. Information gathered
during the survey shall include topographic data, utilities as required by the SUE,
structures, and other features relevant to the conceptual plan sheets. Existing
drainage at intersections will be verified by field surveys.
ASSUMPTIONS
• CITY will assist in coordination of rights-of-entry for on-site survey and
investigations.
DELIVERABLES
A. Copies of field survey data and notes signed and sealed by a licensed surveyor.
B. Drawing of the project layout with dimensions and coordinate list.
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:
• Preliminary Design.
• Final Design.
• Bid Phase Services.
• Construction Phase Services.
• TRWD Coordination or Permitting.
• Environmental Assessments or Permitting.
• ROW/Easement Services
City of Fort Worth,Texas
Attachment A
PMO Release Date:07/23/2012
Page 4 of 5
• SUE Services
• Design Survey Services
• Negotiation of easements or property acquisition.
• Services related to development of the CITY's project financing and/or budget.
• Services related to disputes over pre-qualification, bid protests, bid rejection
and re-bidding of the contract for construction.
• Construction management and inspection services
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of
God.
• Services related to warranty claims, enforcement and inspection after final
completion.
• Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project
as requested by the CITY.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07/23/2012
Page 5 of 5
ATTACHMENT B
COMPENSATION
Design Services for
Catalina Court Drainage Improvements
City Project No. 102246
Time and Materials with Rate Schedule Project
I. Compensation
A. The ENGINEER shall be compensated for personnel time, non-labor expenses,
and subcontract expenses in performing services enumerated in Attachment A
as follows:
i. Personnel Time. Personnel time shall be compensated based upon hours
worked directly in performing the PROJECT multiplied by the appropriate Labor
Category Rate for the ENGINEER's team member performing the work.
Labor Category Rate as presented in the rate schedule table below is the rate for
each labor category performing the work and includes all direct salaries,
overhead, and profit.
Labor Category 2019 Rate 2020 Rate
$/hour $/hour
Project Director 200 206
Project Manager 185 194
Project Engineer 165 170
Engineer In Training 135 139
CAD Technician 120 124
Surveyor 140 144
Survey Party Chief 120 124
Survey Field Assistant 63 65
Survey Technician 100 103
Administrative 100 103
ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct
Expenses at invoice or internal office cost.
Direct Expenses (non-labor) include, but are not limited to, mileage, travel and
lodging expenses, mail, supplies, printing and reproduction services, other direct
expenses associated with delivery of the work; plus applicable sales, use, value
added, business transfer, gross receipts, or other similar taxes.
iii. Subcontract Expenses. Subcontract expenses and outside services shall
be reimbursed at cost to ENGINEER plus a markup of ten percent (10%).
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 1 of 4
B-1
ATTACHMENT B
COMPENSATION
iv. Budgets. ENGINEER will make reasonable efforts to complete the work
within the budget and will keep the City informed of progress toward that end so
that the budget or work effort can be adjusted if found necessary.
ENGINEER is not obligated to incur costs beyond the indicated budgets, as may
be adjusted, nor is the City obligated to pay ENGINEER beyond these limits.
If ENGINEER projects, in the course of providing the necessary services, that the
PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether
by change in scope of the project, increased costs or other conditions, the
ENGINEER shall immediately report such fact to the City and, if so instructed by
the City, shall suspend all work hereunder.
When any budget has been increased, ENGINEER's excess costs expended prior
to such increase will be allowable to the same extent as if such costs had been
incurred after the approved increase.
B. The ENGINEER shall be paid monthly payments as described in Section 11 -
Method of Payment.
II. Method of Payment
A. The ENGINEER shall be paid by the City based upon an invoice created on the
basis of statements prepared from the books and records of account of the
ENGINEER, based on the actual hours and costs expended by the ENGINEER
in performing the work.
B. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
C. ENGINEER shall prepare and submit invoices in the format and including content
as presented in Exhibit B-1.
D. Payment of invoices will be subject to certification by the City that such work has
been performed.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Transportation and Public Works Department, monthly progress reports and
schedules in the format required by the City.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 2 of 4
B-2
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility Fee Amount %
Prime Consultant
Dunaway Associates, LP Survey, Conceptual Plans $22,285.00 100%
Proposed MBE/SBE Sub-Consultants
Non-MBE/SBE Consultants
TOTAL $ 22,285.00 100%
Project Number 8& Name Total Fee MBE/SBE Fee MBE/SBE
$ $
City MBE/SBE Goal =_% Consultant Committed Goal =_%
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 3 of 4
B-3
EXHIBIT "13-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across desired work types and work phases.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 4 of 4
B-4
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Catalina Court Drainage Improvements
City Project No. 102246
No Changes were made to the Standard Agreement
City of Fort Worth,Texas
Attachment C
PMO Release Date:05.19.2010
Page 1 of 1
FORT WORTH
ATTACHMENT "D"
PROJECT SCHEDULE
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
Revision Date:07.20.2018
Page 1 of 1
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