HomeMy WebLinkAboutContract 41672 (2)CITY SECR TAM'
CITY OF FORT WORTH, �� I� �A ,� , , �� ,:h.� MOz I .
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a home -rule municipal
corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and
Kimley=Horn and Associates, Inc., (the "ENGINEER"), for a PROJECT generally described
as: SH 183 Signal Timing and Traffic Signal Modifications ® City Addition.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
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.
(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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22.2010
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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.
Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree
of skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time
such services are performed.
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
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
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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
Attac'itnent A, the ENGINEER or its personnel shall 'lave 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, 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 the 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.
City of Fort Worth, Texas
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PMO Official Release Date: 9.22.2010
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(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
ENGINEER has made an examination to ascertain how or for what purpose the
cons'-uc`ion contractor has used the moneys paid; that title to any of t'ie 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 and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, as amended, the City
has goals for the participation of minority business enterprises and woman
business enterprises in City contracts Engineer acknowledges the M/WBE
goal established for this contract and its accepted written commitment to
M/WBE participation. Any misrepresentation of facts (other than a negligent
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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 nght 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
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 insured 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
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insurance or self-insurance programs afforded to the CITY. The
Commercial General Liability insurance policy shall have no
exclusions by endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY 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 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.
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 — the 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.
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(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
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 request required insurance documentation
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 nsk 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.
1*
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
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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 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 sub
consultants/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.
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 o- 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 specifications as required, at
its own cost and expense. However, if design changes are required due to the
City of Fort Worth, Texas
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PMO Official Release Date: 9.22.2010
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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.
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.
City of Fort Worth, Texas
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PMO Official Release Date: 9,22.2010
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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 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 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.
City of Fort Worth, Texas
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PMO Official Release Date: 9.22.2010
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(4) Nothing contained in this section V.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 will ensure that Builders Risk/Installation insurance is maintained 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.
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
City of Fort Worth, Texas
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PMO Official Release Date: 9,22.2010
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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.
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 only by the City for convenience on
30 days' written notice This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with in 5 days of written notice and diligently complete the
correction thereafter.
(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 or partial or complete studies, plans, 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.
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PMO Official Release Date: 9.22.2010
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F Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify, hold harmless and defend the CITY against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the ENGINEER or ENGINEER's agent,
consultant under contract, or another entity over which the ENGINEER
exercises control.
G Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories
of recovery, including breach of contract or warranty, tort including negligence,
strict or statutory liability, or any other cause of action, except for willful
misconduct or gross negligence for limitations of liability and sole negligence
for indemnification. Parties mean the CITY and the ENGINEER, and their
officers, employees, agents, and subcontractors.
I. 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 venue
for any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. 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.
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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22.2010
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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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22.2010
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGRI EMENT, supersedes all prior written or oral understandings, and may only be changed
by a written amendment executed by both parties. 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
Executed this the 1 a-‘~ day of
ATTEST:
Marty Hendrix
City Secretary
APPRO -ED AS TO FORM A
B
Assistant City Attorney
,2011.
CITY OF FORT WORTH
By:
°00 )00c A74
4SxAs , ,'.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22.2010
Page 15 of 15
Fernandd to 4
Assistant City Manager
ROVAL RECOMMENDED
ppm
mons, P.E.
irector, Transportation
Works Department
Kimley-Horn and Associates, Inc.
Jeff ',Things, P'.t.
Senior Vice President
By:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
and
ATTACHMENT "A"
Scope for Enqineerina Design Related Services for
Traffic Signal Warrant Study, Timina, and Design
SH 183 Signal Timing and Traffic Signal Modifications — City Addition
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 this project is to improve the air quality in and around the project corridor
through the modification and re -timing of the traffic signals along SH 183.
WORK TO BE PERFORMED
The following tasks will be completed as part of this project:
Task 1. Project Management
Task 2. Traffic Warrant Study
Task 3. Traffic Signal Timing
Task 4. Traffic Signal Modifications
TASK 1. PROJECT 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
• Prepare invoices 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.
• 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.
ATTACHMENT "A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009)
PAGE 1 OF 10
• Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at
the end of the project
Coordinate with other agencies and entities as necessary for the design of the
proposed infrastructure, and provide and obtain information needed to prepare the
design
• With respect to coordination with permitting authorities, ENGINEER shall
communicate with permitting authorities such that their regulatory requirements are
appropriately reflected in the designs ENGINEER shall work with regulatory
authorities to obtain approval of the designs and make changes necessary to meet
their requirements, as part of the design scope.
• 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
•
DELIVERABLES
A. Monthly invoices
B. Monthly progress reports
C. Baseline design schedule
D. Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
E Monthly M/WBE Report Form and Final Summary Payment Report Form
TASK 2. TRAFFIC SIGNAL WARRANT STUDY.
The warrant study shall be submitted to CITY per the approved Project Schedule.
The following intersections in Fort Worth shall have quick warrant studies:
• SH 183 (NW 28th Street) at Angle Avenue / Cliff Street
• SH 183 (NW 28th Street) at Business 287 (N. Main Street)
• SH 183 (Ephriham) at 19th Street
• SH 183 (NW 28th Street) at Commerce Street
The following items apply for each intersection noted above:
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.
Utilize traffic count information collected during Task 3.
The CITY will provide the following information needed for the project, if
available:
ATTACHMENT "A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009)
PAGE 2 OF 10
— 24-hour machine counts
— Speed Survey
2.2 Site Visits
• Conduct a site visit at each intersection to evaluate:
•
P edestrian requirements,
Land use surrounding the site,
N ear -by traffic generators,
Additional intersection specific needs that may warrant a signal, and
S afety considerations
If any pedestrian generators (i.e. schools, after school care facilities) are found
near the site one additional site visit shall be made to determine existing
pedestrian patterns.
2.3 Technical Memorandum
• The following data and analysis will be included in the SH 183 LAQ technical
memorandum:
IIMI
MIIIIIRMPEI
S ignal Warrant Analysis showing if the intersection meets any of the
volume warrants as defined in the 2006 TxMUTCD.
S ite Specific Information detailing surrounding land uses, traffic
generators, school crossings, Fire Departments, and any other
information that may generate the need for a traffic signal. The site
information will also include the sight distance evaluations and the posted
speed limits near the intersection.
Exhibits showing lane assignments and traffic count information.
Aerial Photo showing the intersection and surrounding area.
P hoto Log showing each approach to the intersection and each corner
where signal equipment may be located.
ASSUMPTIONS
• Delay studies, sight distance, and collision diagram analyses will not be included
as part of this task.
• Warrant study data for this project will be included in the SH 183 LAQ technical
memorandum.
TASK 3. TRAFFIC SIGNAL TIMING
The traffic signal timing Final Technical Memorandum shall be submitted to the CITY per the
approved Project Schedule.
The following intersections shall have traffic signal timing plans:
• SH 183 (NW 28th Street) at Angle Avenue / Cliff Street
• SH 183 (NW 28th Street) at Business 287 (N. Main Street)
ATTACHMENT "A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009)
PAGE 3 OF 10
• SH 183 (Ephriham) at 19th Street
• SH 183 (NW 28th Street) at Commerce Street
The following activities apply for each intersection noted above:
3.1 Data Collection
The ENGINEER will assess the data collection needs of the corridor and prepare
a data collection plan specifically for the corridor. Data collection efforts will
include the following:
1. CITY's current conditions SynchroTM signal timing data files for each time -of -
day plan, if available
2. Any available traffic count and "before" travel time information.
3. Extended 24 hour counts — Seven days of continuous counts provide a
record of variation in directional traffic volumes along the arterial. This
information will be used to confirm the number of timing plans to be
implemented and the duration of each separate plan. It also covers both
weekdays and weekend The ENGINEER proposes to conduct one (1)
seven day 24-hour machine counts.
4. 24-hour machine counts — The ENGINEER will conduct one (1) bi-directional
24-hour machine counts. The data will be recorded in 15-minute increments.
5. Peak hour turning movement counts — Peak hour turning movement counts
will be collected at each intersection for up to four (4) time periods Time
periods will include 2 hour counting increments for the Weekday AM, PM and
weekday off-peak, and one additional time period to be determined.
6. Existing timing plan information - The ENGINEER will gather hard copies of
the existing timing information for each signalized intersection from the CITY.
The CITY will provide their existing SYNCHRO model for the study corridor.
7. Existing signal infrastructure — The ENGINEER will gather the following
infrastructure and hardware information at each signalized intersection:
— Presence and functionality of Pedestrian Signals and Pushbuttons
— Traffic Signal Head configuration
— Vehicle detection locations (stop line or setback by approach)
8. Intersection geometrics — The ENGINEER will record the intersection
geometrics for each study location. Geometries will include the number of
lanes per approach, permitted lane usage (left only, right only, shared left and
through, etc.), pedestrian crossing distances, and intersection widths (for
clearance calculations).
9. Corridor information — The ENGINEER will collect the following data:
ATTACHMENT `A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009)
PAGE 4 OF 10
— Posted speed limits
— School zones and times
— Other observed impedances to traffic flow
3.2 Before Travel Time Runs
•
The ENGINEER will use the floating car technique to record "before" travel time
runs. Travel time runs will be conducted for the AM, PM and weekday off-peak
periods The ENGINEER will make four (4) travel time runs in each direction for
each time period.
• The "before conditions" travel time runs will be made prior to the implementation
of any intersection improvements or new timing plans These runs will establish
the actual baseline conditions for the corridor and will be used to calibrate the
Baseline SYNCHRO model
3.3 Conduct Baseline Analysis
The baseline analysis will serve to identify key issues related to traffic operations
along the corridor. Analysis of the current conditions will be undertaken using
SYNCHRO software. The following tasks will be accomplished as part of the
baseline analysis
Field Assessment — The ENGINEER will conduct a thorough field
evaluation of the corridor The evaluation will include a review and
verification of the existing timing plans, observation of the existing traffic
operations, and the potential impact of major driveways on corridor
operations.
Review and Smooth Data — The ENGINEER will review all data collected
for quality assurance and consistency with field observations
Adjustments will be made to the collected data to eliminate any
inconsistencies or errors. Where appropriate, count data will be
smoothed to take into account observed conditions in the field.
Develop Baseline SYNCHRO Model — the ENGINEER will build a
SYNCHRO network for the corridor utilizing traffic counts, signal timing
and phasing plans, and geometrics collected previously. The
ENGINEER will include pedestrian data as required to accurately reflect
traffic conditions along the corridor.
Calibrate SYNCHRO Model — The ENGINEER will evaluate baseline
conditions and calibrate the SYNCHRO model to insure consistency
between the output for measures of effectiveness and data collected.
3.4 Prepare Timing Plans
• The ENGINEER will conduct an analysis of the corridor to determine basic
corridor operations parameters. The corridor analysis will result in the
recommendations for the following operational parameters:
Cycle Length — The ENGINEER will conduct an analysis of the critical
intersections to determine the optimal cycle length for that intersection.
ATTACHMENT "A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009)
PAGE 5 OF 10
Eir
This cycle length will be tested to determine its impact on other corridor
intersections operations as well as its ability to provide progression along
the corridor Based on the analysis an optimal cycle length will be
recommended for each timing plan.
Calculate Clearance Intervals and Pedestrian Intervals — The ENGINEER
will calculate, based on acceptable engineering standards, the clearance
intervals (yellow plus all red) and pedestrian crossing times (walk and
flashing don t walk)
Develop SynchroTM models for each of the timing plans identified. These
models will have their timing pans (splits, offsets, phase sequence, etc.)
o ptimized to maximize the bandwidth on the arterial and keep side street
delays to an appropriate level.
The ENGINEER will perform an "on -screen" review of each plan as it was
initially produced by means of the SynchroTM optimization. As an initial
e nhancement, the ENGINEER will make refinements that will improve the
actual on -street progression. Such reviews and enhancements will be
made by an experienced traffic signal timing engineer. Using these
e nhanced models, the ENGINEER will generate each of the new signal
timing plans.
3.5 Fine -Tune Timing Plans
• Following implementation of the timing plans, the ENGINEER will work with CITY
Staff to fine -turn the splits and offsets for each new timing plans.
3.6 After Conditions Analysis
The ENGINEER will conduct an analysis of the "after" conditions to assess the
benefits of the implemented improvements.
• The ENGINEER will use the floating car technique to record "after" travel time
runs. Travel time runs will be conducted for the AM, PM and weekday off-peak
periods The ENGINEER will make four (4) travel time runs in each direction for
each time period.
• The ENGINEER will develop a data collection plan similar to the data collected
for the Baseline Analysis that will be used to assess the "After" operational
conditions. As a minimum the subsequent data collection plan will include the
following:
Travel Time Runs — The ENGINEER will collect after travel time runs
following the same procedures and for the same time periods as the
Before Travel Time Runs.
Final Timing plan information — The final implemented and fine tuned
timing plans will be documented and used in the final analysis.
3.7 Final Corridor Technical Memorandum
ATTACHMENT "A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009)
PAGE 6 OF 10
• Following the completion of the after condition analysis, the ENGINEER will
include the benefits of the implementation of the signal timing improvements
along the corridor in the Final Corridor Technical Memorandum for the SH 183
LAQ project. The information that will be included in the SH 183 LAQ Final
Corridor Technical Memorandum shall include the following
Project Overview
Documentation of the Final Timing
"Before" and "After" Analysis
ASSUMPTIONS
• The ENGINEER will review the extended 24 hour counts collected to determine
the number of timing plans required to adequately serve traffic volume variations.
It is anticipated the corridor will require four unique timing plans.
For preparation of timing plans, the ENGINEER will meet two (2) times with the
City to review results of the data collection field observations efforts, baseline
conditions, and preliminary timing plans. The ENGINEER shall incorporate
comments into the development of the final optimized timings for the corridor.
• Signal timing benefits for the project intersections will be included in the SH 183
LAQ Final Corridor Technical Memorandum.
DELIVERABLES
A. Final timing plan sheets
B. Final SYNCHRO models
TASK 4. TRAFFIC SIGNAL MODIFICATIONS.
The traffic signal modifications shall be submitted to the CITY per the approved Project
Schedule.
The ENGINEER shall provide traffic signal modification plans for the following intersections:
• SH 183 (NW 28th Street) at Angle Avenue / Cliff Street
• SH 183 (NW 28th Street) at Business 287 (N. Main Street)
• SH 183 (Ephriham) at 19th Street
• SH 183 (NW 28th Street) at Commerce Street
The following activities apply for each intersection noted above, unless noted otherwise:
4.1 Data Collection and Base Map Assembly
• The ENGINEER may obtain hard copies of record drawings from the CITY. The
record drawings should include but not be limited to the proposed roadway plans,
right-of-way information, and utility plans. If available, the CITY will furnish the
ATTACHMENT "A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009)
PAGE 7 OF 10
ENGINEER electronic copies of the Microstation CAD files of the existing record
drawings or proposed construction plans. For current signalized intersections, the
CITY will furnish existing timing data
• The ENGINEER will utilize the data collected to prepare base maps for each
intersection
ASSUMPTIONS
• The ENGINEER will determine the pedestrian and ADA requirements for the
intersections along SH 183 at Angle Avenue / Cliff Street and Business 287 (N. Main
Street).
• The ENGINEER will create base plan sheets for signal modification plans from the
record drawings and aerial photography provided by the CITY, if available.
4.2 Traffic Signal Modification Design
ENGINEER will prepare and submit a 90% and 100% plans for each intersection as follows:
The traffic signal modification plans will consist of one plan sheet per intersection. The plan
sheet will identify traffic signal hardware to be replaced or added for all intersections, and
detail ADA ramp upgrades for the intersections along SH 183 at Angle Avenue / Cliff Street
and Business 287 (N. Main Street)
ASSUMPTIONS
• The modification plans shall be prepared in accordance with the applicable
requirements for CITY plans, details, specifications, standards, and manuals.
• The improvements identified in the traffic signal modification plans will be
constructed by CITY crews and will not be publically bid.
• Existing traffic signal specifications and standards furnished by the CITY will be
used for design plans, unless otherwise requested by the CITY in writing.
These include:
City of Fort Worth Transportation and Public Works "Traffic Signal Design
Guidelines November 2008".
Example plan set illustrating desired format for each type of plan sheet to be
developed by the Engineer.
Example City standard traffic signal construction details, specifications, and
Contract Documents
• The plans, standards and any special specifications will be prepared using
English units.
• All Microstation CAD standards and level symbology will follow CITY
requirements.
• The ENGINEER will review and inspect the project for TDLR approval.
ATTACHMENT "A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009)
PAGE 8 OF 10
• The CITY will provide determination for provision of cable TV drops, vehicle
detection, and Opticom equipment.
• All intersections will be designed to accommodate existing or future pedestrian
activities, including sidewalk ramps, crosswalks, push buttons, and pedestrian
heads to meet ADA requirements as requested by the CITY.
• The ENGINEER will incorporate review comments and submit 90% PS&E traffic
signal designs to the CITY (1 — PDF electronic copy submitted through Buzzsaw;
up to 2 — 11" x 17' paper copies).
The ENGINEER will prepare for and attend one (1) review meeting with the CITY
to receive and reach concurrence regarding the 90% PS&E review comments
• The ENGINEER will incorporate review comments and submit FINAL (100%)
PS&E traffic signal designs (1 — PDF electronic copy; 3 — 11" x 17' paper
copies).
• The ENGINEER will prepare and submit the quantity estimates and engineer's
opinion of probable construction cost spreadsheets prepared in Microsoft Excel
for each intersection.
•
•
The ENGINEER will provide the CITY a CD of the electronic Microstation traffic
signal design files, quantity estimates, and engineer's opinion of probable
construction costs for each intersection.
DELIVERABLES
A. 90% PS&E
B. 100% PS&E
C. CD of the electronic Microstation traffic signal design plans, quantity estimates, and
engineer's opinion of probably construction costs for each intersection
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/ROW 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.
ATTACHMENT "A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009)
PAGE 9 OF 10
• 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.
ATTACHMENT "A" TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7/27/2009)
PAGE 10 OF 10
ATTACHMENT B
COMPENSATION
Design Services for
SH 183 Signal Timing and Traffic Signal Modifications — City Addition
City Project No.
Lump Sum Project
Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $47,400.00 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
Transportation and Public Works Department, Traffic Services Division monthly
progress reports and schedules in the format required by the City.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 1 of 3
B-1
IV.
ATTACHMENT B
COMPENSATION
Summary of Total Project Fees
Firm
P rime Consultant
Kimley-Horn and
Associates, Inc.
P roposed M/WBE Sub -Consultants
GRAM North Texas,
Inc.
K+K Associates, LLP
N on-M/WBE Consultants
Data collection
P rimary Responsibility
P roject Management, Design
ADA Accessibility Review
Project Number & Name
City M/WBE Goal = 8%
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 2 of 3
TOTAL
Total Fee
$47,400.00
Fee Amount
$42,675.00
$4,105.00
$620.00
$47,400.00
M/WBE Fee
$4,725
ova
90%
8.7%
1.3%
100%
M/WBE %
10%
Consultant Committed Goal = 10%
B-2
EXHIBIT ` B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 3 of 3
Professional Services Payment Request Project Manager: 'Marisa Conlin, P.E.
Project: 1SH 183 Signal Timing and Traffic Signal Mods - City A,
City Project #: 1 1
City Sec Number: I
Company Name: pKimley-Horn and Associates, Inc.
Consultant's PM:
Vendor Invoice #:
Payment Request #:
From Date:
To Date:
Invoice Date:
Scott R. Arnold, P.E.
Consultant Instructions:
Summary
Fill in green cells including Invoice Number, From and To Dates and the included worksheets.
When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the
Consultant folder within Projects folder.
email: scoarnold(a,kimlev-horn.com
Office Address tt.801 Cherry Street, Unit 11, Suite 950, Fort Worth, TX 76102
Telephone: 1817-335-6511
Fax: 1817-335-5070
Remit Address:I
LOCK
UNLOCK
Agreement
Agreement Amendment Amount to Completed Percent ($) Invoiced Current Remaining
Sheet FAC and Work Type Description Amount Amount Date Amount Completed Previously Invoice Balance
Work Type 1 Traffic Signals Designs/Timing $47,400.00 $47.400.00 $47,400.00
Work Type 2
Work Type 3
Work Type 4
Work Type 5
Work Type 6
Totals This Payment Request
$47,400.00
$47,400.00 $47 400.00
Overall Percentage Complete:
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
SH 183 Signal Timing and Traffic Signal Modifications — City Addition
City Project No.
No modifications to the Standard Agreement were necessary for this project.
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19.2010
Page I of 1
Consulting Contract Schedule Specifications
City of Fort Worth Capital Improvement Program
FORT WORTH
Attachment D - Project Schedule
This PROJECT requires n Tier 3 schedule as defined herein and in the Citii's Schedule Guidance
Document.
D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall
prepare schedules for consulting services that meet the requirements described m this
specification, showing by Critical Path Method (CPM) the planned sequence and timing of
the Work associated with the Agreement. All submittals shall be submitted in PDF format,
and schedule files shall also be submitted in native file format (i.e. file formats associated
with the scheduling software). The approved schedulmg software systems for creating the
schedule files are:
Primavera (Version 6.1 or later or approved by CITY)
Primavera Contractor (Version 6.1 or later or approved by CITY)
Primaveia SureTrak (Version 3.x or later or approved by CITY)
Microsoft Project (Version 2003/2007 or later or approved by CITY)
D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice -to -proceed the
CONSULTANT shall develop, submit and review the draft detailed baseline consulting
services schedule with the CITY to demonstrate the CONSULTANT s understanding of the
Agreement requirements and approach for performing the work. The CONSULTANT will
prepare the final detailed baseline consulting services schedule based on CITY comments, if
any, and submit to the CITY no later than the submittal of the first project invoice.
The following guidelines shall be adhered to in preparing the baseline schedule, and as
described in further detail in the CITY's Schedule Guidance Document.
a. The scope shall be subdivided by work breakdown structure (WBS) representing the
tasks, subtasks, and activities associated with delivering the work.
b. The schedule shall accurately describe the major work activities, key milestones, and
dependencies/relationships as appropriate to the work.
c. The schedule should include appropriate meetings, review periods, critical decision
points including third party utility dependencies and reviewing agencies.
D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare
and submit monthly to the CITY for approval the updated schedule in accordance with D1
and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses,
the CONSULTANT shall enter into the schedule and record actual progress as described in
the CITY's Schedule Guidance Document.
The updated schedule submittal shall also include a concise schedule narrative that
highlights the following, if appropriate and applicable:
• Changes in the critical path,
• Expected schedule changes,
• Potential delays,
• Opportunities to expedite the schedule,
City of Fort Worth, Texas
Attachment D
PMO Release Date: 06.30.2009
Page 1 of 2
• Coordination issues the CITY should be aware of or can assist with,
• Other schedule -related issues that the CONSULTANT wishes to communicate to the
CITY.
D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work
accomplished falls behind that scheduled due to factors within the CONSULTANT's
control, the CONSULTANT shall take such action as necessary to improve the progress of
the Work. In addition, the CITY may require the CONSULTANT to submit a revised
schedule demonstrating the proposed plan to make up the delay in schedule progress and
to ensure completion of the Work within the allotted Agreement time.
D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS:
The requirements for the schedule are determined based on the nature and needs of the
project. The schedule tier for this project is stated at the top of this document.
CONSULTANT shall submit each schedule relying on the CITY's current Schedule
Guidance Document.
D6. SCHEDULE SUBMITTAL AND PAYMENT:
As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information
required by Attachment D. CONSULTANT's monthly invoices will not be accepted and
processed for payment without monthly schedule updates that are submitted in the time
and manner required by Attachment D and the CITY's current Schedule Guidance
Document.
City of Fort Worth, Texas
Attachment D
PMO Release Date: 06.30.2009
Page 2 of 2
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