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HomeMy WebLinkAboutContract 58012 CSC No. 58012 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES This agreement ("Agreement") is between the City of Fort Worth, a Texas home-rule municipality ("City"), and Garver LLC, authorized to do business in Texas ("Consultant"), for a project generally described as: Siting Study for Northside III Elevated Storage Tank. Article I Scope of Services (1) Consultant hereby agrees to perform professional services as set forth in this Agreement and the Scope of Services, attached hereto as Attachment "A" ("Services"). These Services shall be performed in connection with the Project. (2) Additional services, if any, will be memorialized by an amendment to this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of City, and shall be furnished to the City, prior to or at the time such services are completed, or upon termination or expiration of Agreement. Article II Compensation Consultant shall be compensated an amount up to $67,265.00 ("Contract Amount") in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Consultant shall provide monthly invoices to City. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Consultant of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. The term of this Agreement shall commence on the Effective Date and shall continue until the expiration of the funds or completion of the subject matter pursuant to the schedule, whichever occurs first, unless terminated in accordance Vith the ter nf this OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Standard Agreement for Professional Services Revision Date:November 23,2021 Page 1 of 9 FT. WORTH, TX Agreement. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership orjoint venture between City and Consultant. Article V Professional Competence Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Consultant's work or work product 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 performance of the Services. Article VI Indemnification CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFYAND HOLD 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. City of Fort Worth,Texas [NS III EST Study] Standard Agreement for Professional Services Revision Date:November 23,2021 Page 2 of 9 Article VII Insurance Consultant shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. Article VIII Force Majeure City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. Article IX Transfer or Assignment Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) City may terminate this Agreement for convenience by providing written notice to Consultant at least 30-days prior to the date of termination, unless Consultant agrees in writing to an earlier termination date. (2) Either City or Consultant may terminate this Agreement for cause if either party fails to substantially perform, through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Consultant, Consultant shall discontinue Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article II of this Agreement and in accordance with Exhibit "B". Article XI Right to Audit (1) Consultant agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to Agreement. Consultant agrees that City shall have access during normal City of Fort Worth,Texas [NS III EST Study] Standard Agreement for Professional Services Revision Date:November 23,2021 Page 3 of 9 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 subcontractor agrees that 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 subcontractor(s), involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor 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 subcontractor reasonable advance notice of intended audit. (3) Consultant and subcontractor(s) agree to photocopy such documents as may be requested by City. 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 XII Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with City's Business Equity Ordinance No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), Consultant acknowledges the MBE and WBE goals established for Agreement and its execution of this Agreement is Consultant's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by Consultant may result in the termination of Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XIII 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 Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees or its subcontractor(s). i i City of Fort Worth,Texas [NS III EST Study] Standard Agreement for Professional Services Revision Date:November 23,2021 Page 4 of 9 Article XIV Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s) who perform work under 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 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 Agreement for violations of this provision by Consultant. Article XV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of 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. Agreement shall be construed in accordance with the laws of the State of Texas. Article XVI Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. Article XVII Severability The provisions of Agreement are severable and if any wo rd, phrase, clause, sentence, paragraph, section or other part of Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or City of Fort Worth,Texas [NIS III EST Study] Standard Agreement for Professional Services I Revision Date:November 23,2021 Page 5 of 9 i i unconstitutional for any reason, the remainder of Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVIII Notices Notices regarding Articles IX or X are to be provided 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: Chris Harder, P.E. Water Department 200 Texas Street Fort Worth, Texas 76002 Consultant: Garver, LLC Attn: Daniel N. Olson, P.E. 500 W 7t" Street, Suite 803 Fort Worth, Texas 76102 All other notices may be provided as described above or via electronic means. Article XIX Prohibition On Contracts With Companies Boycotting Israel Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Consultant has 10 or more full time-employees and the contract value is $100,000 or more, 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 if Chapter 2271, Texas Government Code applies, Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. City of Fort Worth,Texas [NS III EST Study] Standard Agreement for Professional Services Revision Date:November 23,2021 Page 6 of 9 Article XX Prohibition on Boycotting Energy Companies Consultant acknowledges that in accordance with Chapter 2274 of the Texas Government Code-(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XXI Prohibition on Discrimination Against Firearm and Ammunition Industries Consultant acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Article XXII 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 Agreement. City of Fort Worth,Texas [NS III EST Study] Standard Agreement for Professional Services Revision Date:November 23,2021 Page 7 of 9 Article XXIII 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 Agreement: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Changes to Agreement Attachment D - Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. City of Fort Worth,Texas [NS III EST Study] Standard Agreement for Professional Services Revision Date:November 23,2021 Page 8 of 9 BY: BY: CITY OF FORT WORTH CONSULTANT Garver, LLC ana Burghdoff(Aug 21,20 18:13 CDT ^ f Dana Burghdoff —i�) \VI Assistant City Manager Daniel N. Olson, P.E. Vice President Date: Aug 21 , 2022 Date: 08/12/2022 ATTEST: �auiette-s ��r7�CG Jannette S.Goodall(Aug 22,2022 14:35 CDT) Jannette Goodall City Secretary APPROVAL RECOMMENDED: By.Christopher[farder(Aug 15,202214:37 CDT) Chris Harder, P.E. Director, Water Department APPROVED AS TO FORM AND LEGALITY Form 1295 No. N/A By:D@lack(Aug 19,202210:29 CDT) M&C No.: N/A Douglas W Black Sr. Assistant City Attorney M&C Date: N/A Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Pratima Poudyal, P. . Senior Professional Engineer City of Fort Worth,Texas Standard Agreement for Professional Services OFFICIAL RECORD Revision Date:November 23,2021 Page 9 of 9 CITY SECRETARY FT.WORTH,TX ATTACHMENT A SCOPE OF SERVICES General The scope of services included are for professional engineering services to evaluate siting locations for the anticipated Northside III elevated storage tank (EST). The goal of the project is to identify issue s and challenges for the City provided final siting location and provide services that allow the City of Fort Worth to secure the land required to construct the EST. The City of Fort Worth is experiencing nation leading growth and City growth is focused on the northern portion of the City due to ease of access to areas throughout northern Dallas-Fort Worth Region. Development in the City is beginning to push to the extra territorial jurisdiction (ETJ) boundaries and securing land for the EST's has become a priority. Engineering services will include field investigation activities, property research, a siting evaluation,and construction easements development. BASIC SERVICES 1. Task 1 —Project Administration and Coordination 1. Garver will conduct, prepare an agenda, and prepare meeting notes for Project kick-off meeting. 2. Garver will establish and maintain Project schedule, develop monthly progress reports, and prepare invoices for the duration of the Project(up to four months). 3. Supervision of Subconsultants (Property Survey/Easement) — Garver will establish a work program and schedule for the subconsultant at the beginning of the Project. Garver will be responsible for the coordination, supervision, review, and incorporation of work performed by subconsultant. 2. Task 2—Field Investigation and Data Collection 1. Garver will collect, compile, and evaluate existing data provided by the City or other entities that supply needed existing information for the Project. Available developer information such as planned thoroughfares and planned community developments and GIS consisting of elevation data, planned and existing city infrastructure. 2. Garver will obtain Right-Of-Entry (ROE) permissions from up to two (2) impacted property owners to access the proposed siting locations. 3. Garver will perform one visual site visit to document field and environmental conditions of the proposed siting locations. 4. Garver will conduct property research: a. Research current property owners and obtain copies of subdivision plats, ownership deeds, and existing easements within the project area (including adjacent property owners to the project area). b. Perform Aerial drone photography of the project area. 5. Garver will conduct a high-level desktop review of geologic information within the study area and will describe the rock formations and history of the location. 6. Garver will perform a Phase 1 Environmental Site Assessment (ESA) a. A Phase I ESA will be performed on the site in accordance with ASTM E1427-13 Guidelines: Standard Practice for Environmental Site Assessments. Garver will perform an investigation into prior ownership and past land uses on the subject property. Garver will attempt to identify obvious uses of the subject property from the present back to the property's first developed use, or back to 1950, whichever is Attachment A-Scope of Services 1 of 4 22W06175P Fort Worth—Siting Study for Northside III EST earlier.To accomplish this task, Garver will review the following records(if available): • Interviews with City representatives and property owners/tenants. • Historical aerial photography. • City directory abstracts. • Sanborn fire insurance maps. • Recorded environmental easements or liens on the subject property. • Regulatory Agency Records Review. Garver will order a database report and review information in federal and state regulatory records for the subject property, including records related to environmental-related permits, notices-of-violation, and incidents involving use, disposal, or accidental release of hazardous substances, petroleum products, or other waste materials. Local records, if available, related to the subject property will also be reviewed for indications of environmental concern. 3. Task 3—EST Siting Evaluation Technical Memorandum (TM) 1. Garver will perform a site study evaluation for the Northside III EST location and identify issues and concerns. 2. One site has been identified by the City to be evaluated. 3. Due to the proximity to the nearby Hicks Airfield and Alliance Airfield, Garver will develop an airspace restriction exhibit that identifies the allowable heights for structures based upon FFA restrictions. 4. Criteria to be evaluated will focus on land availability to account for larger than the currently proposed tank sizes, access and use of major construction equipment such as onsite cranes, tank height requirement and related impacts to costs based on elevation, proximity,and access to major infrastructure such as existing or planned thoroughfares and water lines and any identified potential site impacts. 5. The EST is described as follows: a. Northside III i. Proposed 2 MG tank ii. Hydraulic Elevation set at 950 ft. iii. Generally located between future Hickory/Sam Reynolds Rd and County Line Rd. iv. Located in Denton County and in close proximity to Wise County and Fairview ETJ. v. Siting location to support 24-inch waterline investment 6. Garver will summarize the recommendations and will provide a 3- to 5-page draft technical memorandum (TM). The TM shall include: a. Project description and location map b. Geological Summary c. Phase 1 ESA Summary d. Identified Issues/Concerns 7. Garver will conduct a workshop for with City staff to discuss the findings. After the workshop a final TM will be provided addressing the City comments. 4. Task 4—Survey with Metes and Bounds Description 1. After the completion of Task 3, Garver will prepare legal descriptions and exhibits for property carveout and purchase for up one property including establishing property corners. If additional Attachment A-Scope of Services 2 of 4 22W06175P Fort Worth—Siting Study for Northside III EST property legal descriptions are required for the PROJECT, additional compensation may be requested as an ADDITIONAL SERVICE; 2. The City will provide a standard property acquisition document or"go-by" example for use by Garver. 3. Documentation will include a key map showing all affected properties and an individual tract map with description of the acquisition of the property. a. Establish project control using Global Positioning System (GPS) methodology. Horizontal values will be based on the Texas State Plane Coordinate System, North American Datum of 1983, North Central Zone (4202) and tied into the CITY of Fort Worth GPS network. The vertical values will be based on CITY of Fort Worth benchmarks. b. Locate existing property corners and right-of-way corners to establish property lines and street rights-of-way. 4. Provide a digital survey drawing in Civi13D (.dwg) format showing surveyed data, an ASCII point file, and a copy of field notes and field sketches. 5. Participate in up to one half-day coordination meetings with CITY, landowners, or cities as directed by CITY during the property acquisition process; 5. Extra Work The following items are not included under this agreement but will be considered as extra work: 1. Services that may result from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, City's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond Garver's control. 2. Services which are to be furnished by the City and services not otherwise provided for in this Agreement will be agreed upon between City and Garver prior to such additional services being provided. 3. Evaluation of Alternative site locations. 4. Perform SUE level A/B to locate utilities vertically and horizontally. 5. Coordination with FEMA and Preparation/submittal of a CLOMR and/or LOMR 6. Funding and/or Financial Assistance 7. Preparation of preliminary or final plat for property purchased by the City 8. Geotechnical field investigations 9. Appraisal services Extra Work will be as directed by the Owner in writing for an addition fee as agreed upon by the Owner and Garver. Attachment A-Scope of Services 3 of 4 22W06175P Fort Worth—Siting Study for Northside III EST 6. Schedule Garver shall begin work under this Agreement within ten (10) days of a Notice to Proceed and shall complete the work in accordance with the schedule below: Task Description Calendar Days Notice to Proceed NTP Task 1 —Project Management NTP—Project Completion Task 2—Field Investigation and Data Collection 30 days from NTP Task 3—EST Siting Evaluation 30 days from Task 2 Technical Memorandum (TM) Task 4—Survey with Metes and Bounds Description 30 days from completion and acceptance of Task 3 Attachment A-Scope of Services 4 of 4 22WO6175P Fort Worth—Siting Study for Northside III EST Attachment B City of Fort Worth Siting Study for Northside III Elevated Storage Tank FEE SUMMARY Basic Services Section Estimated Fees Fee Type TASK 1 Project Administration and Coordination $ 8,646.00 LUMP SUM TASK 2 Field Investigation and Data Collection $ 26,125.00 LUMP SUM TASK 3 EST Siting Evaluation Technical $ 23,462.00 LUMP SUM TASK 4 Title Survey with Metes and Bounds $ 9,032.00 LUMP SUM Subtotal for Basic Services Section $ 67,265.00 Total All Services $ 67,265.00 \\garverinc.local\gdata\Projects\2022\22W06175-Fort Worth EST Siting Study\Contracts\Client\Draft\Exhibit B-Fort Worth EST Garver Fee Spreadsheet- Lump Sum or Hourly 6-23-22 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Design Services for Fort Worth—Siting Study for Northside III EST City Project No. NIA Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $67,265.00 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 Water Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 2 B-1 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Garver Siting Study $56,661.00 83% Proposed MBE/SBE Sub-Consultants Non-MBE/SBE Consultants Spooner & Associates, Survey with Metes and Bounds $11,604.00 17% Inc. Description TOTAL $67,265.00 100% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE Fort Worth —Siting Study for Northside $67,265.00 $ % III EST City MBE/SBE Goal = 0% Consultant Committed Goal = 0 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 2 B-2 * * * * * U! gNN-oNN n 0000oo ,S < 00�aa O fD 2 -q �dD O ' 0ry ' N00 CD nmmmmm -' 0• 0 A=N Z CD m03 Z 3 ap O i n c .. v 0 0 3 .. CD o o -nCD m O Z m 0. 0 CD m � O d O Cn N Q S � N O O N 7 o o N z- �j n 3 CD N 'rt A 'n-ip0 (D v (D Dl fD 3 x n N _ �. m CL a m a d N N � N N o J o -i O V V O (D �_ 'O n d N O i 1p N IJ C 3 O Oi S.J. Umi N K fD O. N N .�•i O O ems? U) C N N O -' o o O 3 w D v 3 Ts a•�0 O T 3 m < < (D < 1D A Z CI a n 3 CD w en 0 cn J ' o• d 0 rt A O O J J •y Or- W ID 3 0 o O 3 La SU D O coo C 3 3 r CO) a 0 c m O F S N -M IDLi Li m !v r. Q a o D o. m N m o ` E' K o a 'n' F 0 0 _ O N _ O < 7 t7i O < G O N `G p, 3. 0 O � 3 CD Oi CD m �+ 3 I J 03 turn rn N � (P N to O ;,m-vim n -0c) n-U -U f K\\§2) § %«0cn :«2. 8 \ }}(}� RFD \ Q of e ) (7 z E; 2T / 0ƒ. § ; ¥ .. .. ƒ ( 22 § , 4 & W \ \ \ ° 7 2 c / : ƒ ((2m / ~ 0 f . / 2® ! » of ! ! % _ / `0 / { )\\ { _ /ri / (El § a §\ ( 3 - - o \ } \ ! c0m ! ! \ m \ § F0 } � F7 \ \ � \ \ 77/ ; #/ \ |} f § \ ! rf@ ;! ! fl9 } ! [ } 7 - � \ & _ - C2 ) 3ff\\ ] f \ !# E \} |f Et ) ( | k ( / / - \ } ( ` \\ _ k( m S. _ ) | § : \ } \a a . . - ® - . - - - - - - Er - - ® - - -� - - - - „ � ; EEF= & ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Fort Worth —Siting Study for Northside III EST City Project No. N/A None City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page I of 1 ATTACHMENT D-INSURANCE REQUIRMENTS DESGIN SERVICES FOR FORT WORTH-SITING STUDY FOR NORTHSIDE III EST CITY PROJECT NO.:NIA ATTACHMENT D INSURANCE REQUIREMENTS