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HomeMy WebLinkAboutContract 45498 CITY Coomm, I. CITY F FORT WORTH, STANDARD AGREEMENT FOR ENGINEERING RING ELATED DESIGN SERVICES This AGREEMENT is between the of Fort Worth,1 a Texas h' me-rule municipality (the "CITY"), and Shield Engineering Group, PLLC authorized to do business in Texas, (the, "ENGINEER"), for a PROJECT generally described s Luella ell errett Detention, Basin Multiuse recreational Facility. Article l Scope of Services A. The Scope of Services is set forth in Attachment A. Article 11 Compensation A The NGINEER's compensation shall he in the amount of 48,182 as set forth in Attachment B. Article 111 Terms of'Payment Payments to the ENGINEER,will he made as follows A. Invoice and Payment (1) The, Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements ents 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) Ucompletion of services enumerated in Article 1, the final payment of any balance will be due within 30 days of receipt of the final invoice., C4 of Fort Worth,Texas i.wrua�rwuiuimuuuuumtiNmuoiommmmomWUm u OFFICIAL RE�P'v( �(I� Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 ClulrYSECRETARY'age 1 of 6 1� s�"' WO F��luau 1�� TX RECEIVEDrg m wmwmimiww av amw,immmmmmmo a oim iww www w wm �,mmom u�nNwu uumio (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 reas,onlabileness in contesting, any bill, or port.ion thereof. No interest will accrue on any contested portion of the billing, until mutu,a,lly resoilveld. (5) If the CITY fails to, make payment in full to, ENGINEER for billings contested in good faith, within 60 days of the amount due, the ENGINEER may,, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obli-gations of the Engineer Amendments to Article IV, if any, are included 'in Attachment C. N A* General The ENGINEER will serve as the CITY's professional en ineeri:ng representative under 'this Agreement, providing, professional engineering consultation and advice and, furnishing customary services incidental thereto., B. Star da�rd 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 Invesfigatlons (11) 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PM O Official Release Date'.1/2812013 Page 2 of 16 (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 iin subsufface evaluations, changed or unanticipated underground conditions may occur, that could of the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets, and electronic files in pdf format, or as otherwise approv di by CITY, is 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 liabile for the use of such drawings for any project other than the PROJECT described herein. E. Engineler's Personnel at Construction Site (1) The presence or duties of the EN GI'NEER's personnel at a coinstruction 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 CI , 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 m,eithods, 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 persoinnel have no authority ato exercise any control over any construction contractor or other entity or their empiloyees, in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the coin str,uctl�oin site to become familiar with the progress or quality oft e, completed work on the PROJECT or to determine, in gen,era,l�, ifthe work on the PROJECT is being performed in a mannier 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 City of Fort Worth,Texas Standard Agreement for Engineering R'elated Design Services PMO official Release Date:11281201!3 Pa,gle 3 of 16 ENGINEER to make exhaus,t,ive 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 ma,ter,ials, systems or equipment is reasonably required to p erform 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 Gost, Financial Cons ildcrab ns, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the 11 1 0 current available information at the time of preparation in accordance, with Attachment A., (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules, for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or, latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating, personnel,* and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the EN` GIN,EER 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. GO Construction Progress, Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction, contractor will be based, on the EN�GINEER'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 acceptabile in all respects* that the 1 7 ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to, any of the work, materials, or equipment has passed to the CITY free and clear of liens, claimsy sou(ity interests,1 or encumbrances, or that there are not other City of Fort Worth,Texas Standard Agreement for Engineering Related Design Service$ PMO Official Release Date:1/ 2013 Page 4 of 16 matters at issue between the CITY and the construction contractor that affect the amount that should be paid., H, Record Drawi"ngs Record drawings, if required, will be prepared, in part, on the basis of information compiled: and fur nishedby 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. It 1. IV11 Mority Business and' Small Business Enterprise (MBE)(SBE)l Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-201 1, as amended, the City has goals for the participation of minority business, enterprises and/or small business enterprises in City contracts., Engineer acknowledges the MBE and SBE goals established for thlis, contract and its accepted written commitment to MB,E a d S participation. Any misrepresentation of facts (other than a negligent misrepresentation) and' or the commission, of fraud by the Engineer may g result in the termination of this Agreement and debarment from participatin 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 aft er final payment under this contract, have access to and the right, to examine, and photocopy any directly pertinent books,, documents, papers and records of the ENGINEER involving transactions, relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all' necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in comp:liance with the provisions of this section. The CITY shall 9 ive 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 sub consultant agrees that the CITY shall, u i ntil' the exp I ration of five (51) years alfter 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, City of F'ort'Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date-1/28/2013 Page 5 of 16 facilities, and, shall be provided adequate and appropriate work space, in order to conduct audlits in complilance with the provisions of this article together with subsection (3) h relolf. CITY shall give sub consultant reasonable advance notice of intended audits. (3) ENGINEER and subc nsu ltant 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 limilit 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, llimit, it shall apply separately to this PROJECTor locat,ion. il. 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 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, prod ucts/completed operations, contractual, personal injury, or adverti'zing 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 thi's 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 $1 000,0010 each accident. Such insurance shall cover I lability 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,1 coverage for hired, or n�onl�owned! is City of Fort Worth,Texas Standard Agreement for Engineeding Related Design Services PMO Official Release Date:1/28,/'2013 Page 6 of 16 acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and' employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella, liability insurance obtained by ENGINEER pursuant to th' is agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liab,ility insurance and', if necessary, 1� with a limit of not, less than commercial umbrella I'ability 'insurance wi $110�0,00!0.00 each accident for bodily injury by accident or $100,0001.00 each employee for bodily injury by disease, with $ 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 poa licy, shall contain a retroactive date prior to the date of the contract or the first date of services, to be performed, whichever is, earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of 'insurance specifically referencing this project shall' be submitted to the CITY for each year following completion of the contract. (2) GENERAL, INSURANCE, REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be 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 voluinteers as respects,the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified "in this agreement, are provided under applicable policiles documented thereon. City of Fort Worth,,Texas Standard Agreement for Engineering Related Design Services PMO Official'Release Date:1/28/2013 Page 7 of 16 d. Any Boil re on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance req,uiirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage s,hall be provided to the CITY. A ten (10), days notice shall be acceptable, ins the event of non-pa yment 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 authlorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. 1 1 Blest Key Rating Guide or have reason�abily equivalent financial strength and solvency to the satisfaction of'Risk Management. g. Any deductible or self insured retention in excess, of $125,000.00 that would chanige or alter the requirements herein is subjelct to, approlval 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 coveragel maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as, respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense,, to review the ENGINEER's insurance policies in c,l�uding endorsements thereto andY at the CITY's discretion; the, ENGINEER may b i e required to, provide proof of nsurance prem ium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state bolth 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 frorn date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments,. 1. The CITY shall not be responsible for the direct payment of any i insurance re required by this agreement,. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:111,128120113, Page 8 of 16 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 E,NGIINEER, acknowledges to the CITY that it has made full disclosure in ►rliting of any existing conflicts of interest or potential conflicts of interest,,, inclulding personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges, that it will make discl�osure in writing of any conflicts, of' interest that develop subsequent to the signing of this contract and prior to final payment Linder 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 permiit 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. 00 Perrnittin:g 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 changes in the permitting authorities" published design criteria and/or practice standards criteria which are published after the date, of' th�is 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services, PM0 Official Rellease Date:112812013 Pagie 9 of 16 amendment to this AGREEMENT. P0 Schedule ENGINEER shall manage the PROJECT in accordance with the sc,hed�u�le developed per Attachment D to this AGREEMENT. Arficle V ff Obfigaitons of the C1' Amendments to Article V,: if any, are included in Attachment A. Qfty-Furn*lshed Data ENGINEER may rely upon the accuracy,: timeliness, and comp�leteness of the information provided by the CITY. B. Access to ac false and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITE' will perform, at no cost to the ENGINEER, such tests of equipment, ma�chin�ery, pipelines, and other components of the CITY's facilities as may be required in coinnection with the ENGINEER"s services. The CITY will be responsible for a,l�l acts of the CITY's personnel. C. Advertisements, Permifts, 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 authoritielsi; and land, easements, rights,- of-way, and access necessary for the ENGINEER's ser ices, or PROJECT cons,tru�cti'oln. City of Fort Worth,Texas Standard Agreement for Engineedng,Related Design Services PMO Official Release Date.1/2,8/2013 Page 10 of 16, D. Ti"mely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counseloir, a,ccoluntant, 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 Attachmewnt Di., 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 Ha,zardious Substances Release.1 (1) CITY' acknowledges ENGINEER will perform part of the work at CITYIIS facilities that may contain hazardous materials,, including asbestos containing, materials, or conditions, and that ENGINEER had no prior rile in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks, that, may give rise to claims by third plarties 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 K ENGINEER, brings such hazardous substance, contaminant or,asbestos onto the project., GO ContractorIndemnification and Clal"Ms The CITY agrees to include in all construction contracts the provisions of Article IVE. regarding the ENGINEER's Personnel at Construction Site, and provisions providing iing contractor indemnification of' the CITY and the ENGINEER for contractor's negligence. HIN Contractor Claims, and Third-Party Benef*icl"aries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers,. "Contractors,, subcontractors and equi,pmeint and materials suppliers on the PROJECT or,their sureties, shall maintain City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services, PMO Official Release Date:1/28/2013 Page 1 I of 16 no direct action against the ENGINEER, its officers, employees, and subcontractors,, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER.,"' (2) This AGREEMENT gives no, rights or benefits to anyone other than the CITY and the ENGINEER and there, are no third-party beneficiaries,. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the, PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section VA shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. 11 CI 'a 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 I insurance., (31) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. j, Lltigation 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 imay 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,1 an equitable adjustment will he made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth,Texas Standard Agreement for Engineehng Related Design Services PM,O Official Release Date-1/28/20113 Page 12 of 16 Article VI General Legal Provisions, Amendments to Article V1, if any, are 'Included ins Attachment C. A, Authorization to Proceed ENGINEER sha,l�l be, authorized to proceed with this AGREEMENT upon recelpt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specificationis, documents, and other work products of the ENGINEER whether in hard copy or in electronic form, are insitrum en�ts of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others, acting through or on behalf of 'the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk,. The CI shall own the final designs, drawings, specifications and documents. C, Force Majeure The ENGINEER is not responsible for damages or delay in performance) caused by acts, of God, strikes, lockouts,, accidents, or other events beyond the coint'roll of the ENGINEER that prevent ENGINEER'S performance of its obligations hereunder. Termination Dim (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by elthier: the CITY or the ENGINEER for cause if either party falls 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 I ENGINEER will be, pawl for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, ficat' spe,ci ions or other forms of ENGINEER'S work product; pity of Fort Worth,Texas Standard Agreement for Engineering Related Design Services P,MO1 Official:Release Date:1128/2013 Page 1:3 Of'16 b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requiremients 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 te,rm�iination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. suspension, Delay, or Interruption to Work i 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, comrnitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. ln deny nification� In accordance wiith Texas Local Government Code Section 2711.904, the ENGINEER shall indemnify, hoild harmless, and defend the CliTY against 161ability 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 ENG,IN� E,ER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party s,halil assign all or any part of this AGREEMENT without, the prior written consent of the other party. 1-101 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 subicontralictors. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PM0 Official Release Date: 1/28/2013 Page 14 of 16 L Jurisdiction The lam! 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. Severabollity 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 I illegal, or unenforceable provision had never been contained herein. Articles V.Fy VI.B., VI.D., VI.F., VI.H., and VIA. shall survive termination of thisAGREEM:'EN T for any cause. �K. 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 is may exist or may be enacted later by governing bodies having Jurisdiction or authority for such enactment,. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold i harmless CITY and all of its officers, agen�ts, and employees, from and against all claims or liability arising out of the violation of any such ord'er, law, ordinance, or regulation, whether it be by itself or its employees., Article VII Attachments, Schedules,, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, 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 AGREE T.4 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/2812013 Page 15 of 1'6 of Executed and effective this thef day 2'�v Y BY-. CITY OF FORT WORTH ENGINEER Shield iield Engineeing Group, PL LC, 'Ile AN F Assistant Mty Manager CEO ate. P/s 41 Date: March 26, 2014 If 4*00' APPROVAL (250 Director,, Transportation/Public Works Department APPROVED AS TO FORM AND M&C � l . LEGALITY M&C Date: By Grant Jordan Assistant City AttornF0 '10 ey 0 Nfa WJ. K a ....... ~ eta OD woo � City of Fort Worth,Texas Standard Agreement Related Design Services OFFICU-1 L I �� � "Release Date:*1/2812013, Page 16 of 1'6 W"irlypS,ECRETAR''Wr qrX .h9¢uy�J�aD;�roum;�W�.W;����y9oUNY�MMN�AOG�a�niWRmN6nMR�h�VU,;u�1rtbVVQ�!W21"r'N�UUUMrr�ar�gm4�MpyA[VWpm��awu�vro���iNVl dl,��dpt!y�gyggi;�',",�',ilumVS�HN�9Vu ATTACHMENT "A" S20 pe for Engineering De§�ign Related Services for Storm Water improvements Projects The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs, of the Project. Under this scope, "ENGINEER" is expanded to include any sub-consultant, including surveyor,, employed or contracted by the ENGINEER. OBJECTIVE The purpose of the Luella Merreft Detention Basin Multiuse Recreational Facility Project is to, provide engineering construction Mans and contract documents for the construction of a stoirm drain and detention, system to alleviate flooding of the streets, and homes in portions of the Ridgecres,t Addition,. This design will be in accordance with the Luella Menett Storm,water Detention Feasibility Study. WORK,TO, BE PERFORMED Task 1., Design Mianagement Provided under the Luella Merreft Stormwater Detention Feasibility Study SS-055 Task 3. Preliminary Design, Task 4. Final Design 11%A W NIL v­f %0-0 it tdA P To, be provided, under evergreen contract Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey Services Task 9. Permitting Task 10. Plan Submittal, Checklists TASK 1. DESIGN MANAGEMENT. ENGINEER wilil manage the work outlined in this scope to ensure effic,ien,t and, effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, comim,unicate 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 beam • Lead,, manage and direct design team activities, • Ensure quality control is practiced in performance,of the work • Communicate internally among team: members • Task and allocate,team resources 1.2. Communications, and Reporting Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements, City of Fort Worth,Texas Attachment A P Release Date-017/23,/2012 Page 1 of 10 * k',o�nduct and document,biweekly project update meetings with CITY Project Manager. * Conduct review meetings with the CITY' at the end of each design phase., * Conduct and document weekly design team meetings. Prepare involices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Prepare end 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. I • 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, ands make changes necessary to meet their requirements, as part of the design scope. 0 Personnel, and Vehicle Identification: When, conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible, 0 i,nformation identifying the name of the company and the company representative. DELI'VERABLES, A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports, D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Plan Submittal Checklists (See Task 101) r,f)hJCr=J2 1JAJ-r3CR1t".% %n J2CQCr=KJ!r- 1%Alma qw 0 41 4%we SO-0 wlwm�qw IRAWIV ft�a q a TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans shall, be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. Development of Preliminary Design Drawings shall include the following-. 0 Cover Sheet City of Fort Worth,Texas Attachment A PO Release,Date:07/2312012 Page 2 of 10 0 Drainage area maps showing proposed improvements with drainage calculations and hydraulic colm,puta,tionis in accordance with the the current iSWM Criteria Manual for Site Development and Construction. 0 A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally,on a scale,of not less,than 11.-4,0;0,. The following, information shall be indicated for each Control Point.- Identified (existing City Monument,#8901, PK Nail, 5/8," Iron Rod);X, Y and Z Coordinates, in an Identified:coordinate system,, and a referred, bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Sidle Drive at the East end' of radius at the Southeast corner of North Side Drive and North Main Street). • Overall project easement layout sheet(s). • Preliminary iSWM Checklist in accordance with the current iSWM Criten'a Manual for Site Development and Construction, • Plan, and profile drawings of proposed storm water improve ents,, including existing lot layout with property ownership, streets, curb lines, diri�veways, medians if apipilicable), sidewalks, existing and proposed water and sanitary sewer mains, existing utilitles,gathered and existing utility easements within the project limits. • No less than two bench marks, per plan/profile sheet. • The ENGINEER will prepare standard and special detail sheets that are not already included in the City"s standard details. These may include connection details, between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project, trenchless,details, and special service lateral reconnections. 3.2 Constructabli'lity Review 0 Prior to the 610 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with,the CITY Project Manager and Construction personnel,to,walk the project. The ENG I NEER shall summarize the CITY's comments-from-the field visit and subrmit this information to the CITY in writing. 3.3 Public Meeting • After the preliminary plans have been reviewed and approved, by the C,ITY,,the E,NG,INEER shall prepare project exhibits, and attend public meeting to help explain the proposed project to residents. The CITY shall select a sultable, location and mail the invitation, letters to the affected customers. The ENGINEER, shall coordinate with CITY GIIS staff to identify affected property owners/residents and develop a spreadsheet listing addresses of those to invite to the public meeting,., 31.4 Utility Clearance 0 The ENGINEER will consult with the CITY's Transportation, and, Public Works Department, Water Department, and other CITY departments, public utilities, private uti,liti,es, and government agencies to determine the approximate:location City of Fort Worlh,Texas Attachment A PiMO Release Date-0712312012 Page 3 of 10 of above and underground utilities, and other facilities (current and future):that have an impact or influence on the project. ENGINEER will, design CITY facilities, to avoid or m,inimize conflicts,with existing utilities, and where known and possible consider potential future utilities in designs. The ENGINEER shall upload individual DWF files for each plan sheet of'the approved preliminary plan set to the designated project folder in Buzzsaw for forwarding to all utility companies which have facilities within,the limits of the project. The DWF files should be created directly from the CAD files,as opposed to PD F files. 3,.,5 Traffic Control Plan • Develop a traffic control plan, utilizing standard traffic reroute configurations posted as "Typicals" on the CITY's Buzzsaw website. The typicals, need not be sealed individually, if included in the sealed contract documents., • Develop supplemental traffic control drawings as needed,for review and approval by the Traffic Division of the Transportation and Public Works Department. These drawings shall be sealed by a professional engineer reglistered in the State of Texas. ASSUMPTIONS • All storm water calculations and design, shall conform,to the current CITY iSWM Criteda Manual for Site Development and Construction. • Traffic Control "Ty plc als"will be utilized to the extent possible. It is assumed that no detour routes wild he necessary for the school traffic if constructed during the summer months as anticipated. • Electronic pdf of the plans will be posted on buzzsaw for Utility Clearance., • Electronic pdf of the plans will be posted on buzzsaw for Con,struictab,il,ity Review., • Electronic pdf of the plans wi,l,l be posted on buzzsaw for Preliminary Design. • All submitted documents and checklists wi,lil, also be uploaded to the designated project folder in Buzz,saw. • E LATER shall not proceed with Final Design activities without written approval by the, CITY of the Preliminary Design plains. DELIVERABLES A. Preliminary, Design drawings B, Preliminary iSWM Checklist C. Utility Clearance drawings D. Documentation of key design decisions (Project Decision Log,,) E. Estimates of probable construction cost F'. Public Meeting, exhibits City of Fort Worth,Texas Attachment A P Release Date:0712312012 Page 4 of 14 G., Traffic Control Plans TASK 41. FINAL DESIGN (90 PERCENT') AND, FINAL CONSTRUCTION DOCUMENTS (100, PE RC ENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows.. • Final draft construction plans and specifications included 1SWM Construction Plan shall be submitted to CITY per the approved Project Schedule. • Filnal iSWM Checklist in accordance with the current CITY iSWM Criteria Manual for Site, Development and Constniction. • The ENGINEER shall submit a final design estimate of probable construction cost with the final design plans s,u,bim,ittedi. This,estimate shall use O;NL,Y standard CITY blid items. 46 Following a 90% construction, plan review meeting with the CITY, the, ENGINEER shalil submit Final plans (1001%)to the CITY per the approvedi Project Schedule. achy plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. ASSUMPTIONS 0 All storm water calculations and design shall conform to the current CITY iSWM Criteria Manual for Site Development and Construction. s Electronic pdf of the plans and any special specifications will be posted on buzzsaw for the 90% design:. 0 3 full size drawings and 3 special specifications,will be delivered for the 1001%, design, DELIVERABLES A. 90% construction plans and specifications. B. 100% construction plans and specifications. C. Final i'SWM Checklist D. Documentation of key design decisions (Project Decision Log). E. Detailed estimates of probable construction cost for the authorized construction project,, including summaries of bid items and quantities using the CITY''s standard bid items and format. F. Original cover mylar for the signatures of authorized CITY officials. :rAQ r- QJrJ PWAQC N&­`0140ill 106 11141 Beerall lei a Mir TASK 6. CONSTRUCTIO HASiE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support * The ENGINEER shall attend the precon,stru,ct,ion conference. City of Fort Worth,Texas Attachment A PMO Release Date'.07/23,12012 Page 5 of 10 • After the pre-construction c,onfe,ren�ce, the ENGINEER shall provide project exhib,it,s, and attend public, meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customiers. • The ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. • The ENGINEER shall, review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general comipilianice with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for coinstructioln, nor is such review a guarantee,that the work covered by the shop drawings, sa�rri les and submittals is free of errors, inconsistencies or ornissions. The ENGINEER shall log and track all shop drawings, samples and other submittals in Buzz,s,aw. • As requested' by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. • The ENGIIiNIEER shall attend the "Finial" project walk through and assist with I I preparation of final punch list. 6.2 Maintenance Manual for Detention Pond: Manual will be prepared in accordance with the Interlocal Agreement between the City of Fort Worth and the Fort Worth, ISD. 6.3 Record Drawings • The ENGINEER shall prepare record drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction The following information shall be provided by the CITY: • As-Built Survey • Red-Line Markups from the Contractor • Red-Line Markups,from City Inspector • Copies of Approved, Change Orders • Approved Substitutions • The ENGIINEER shall modify the Final Drawings electronically and shall place a stamp on the plains indicating that they represent Record Drawings, of the project as,constructed. The stamp shall be signed, and dated by the ENGINEER and shall be placed on each plan, sheet, whether there are any revisions on the sheet or not. Each sheet shell clearly indicate all, changes which, apply to that sheet by clouding and numbering:, or other suitable means. The following disclaimer shall be included with the Record Drawing stamp.. o These Record Drawings were prepared u,si,nig information provided by I others and represent the as constructed conditions to the extent that documented changes,were provided for recording., TheENGINEER City of F rt Worth,Texas Attachment A P O Release Date:07/23/2012 Page 6 of 10 assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. The ENGINEER shall submit a set of sealed Final Drawings, modified and I starri�ped as Record Drawings, on mylar for record storage. The ENGINEER may keep copies of the in provided by the CITY for their-files, but all original red-lined drawings shall be returned to the CITY with the mylars. Record Drawings squall also be submitted as an Adobe Acrobat PI format (version 6.0 or higher)file and DW'F format. There shall be one(1) PD,F file and one (1) D file for the TPW plan set and a separate PDF and DWFfiIe for the Water plan set. Each PD F and DWF file shall contain all associated sheets of the particular plan set., Singular PDF and DWF files, for each sheet of a Wan set will not be accepted. PID,F and D,WF files shall conform to naming conventions as follows: 1. TPW file name example — "W-1956 oirg47.pldf" where "W-1956"l is the assigned, file number obtained from the CITY, "..or g" designating the file is of an original plan set, "47" shall, be the total number of sheets in this file. Example: W-0053—or g,3.pdf and K-0320—org5.pdf 11. Water and Sewer file name example — "X-35:667' org36.pdf"' where "'X- 356 " is -the assigned file number obtained from the CITY,1 "—or ,J designating the file is of an original plan set, "36"' shall be the total number of'sheets in this file. Example.- X-12,755—org1 8.pdf Both, PDT"and DWI"files shall be, uploaded to the project's Record Drawing folder in Buzzsaw. For information on the proper manner to submit files and to obtain a file number for -the project, contact the Department offransportation and Public Works Vault at telephone number(817) 392-8426. File numbers,will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database., ASSUMPTIONS 1 site visit per week of construction is assumed. Assumes construction will be complete within 10 weeks. 5 submittal reviews are assumed. 16 5 RFI,'s are iassumed. 0 3 Change Orders are assumed. City of Fort Worth,Texas Attachment A PMO Release Date:07/23/20112 Page 7 of 10 0 Una copy of'f'ull size (2,2, x3,4,") myllars,will be delivered to the CITY D,ELIVERABLE,S, A. Public meeting exhibits B. Response to Contractor's Request for Information C. Review of Change Orders, Di. Review of shop drawings E. Final Punch List items A. Record Drawings TASK 7. ROW/'EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and easements as outlined, below, per scoping direction and guidance from the CITY's Project Maniager., 7.1. Right-of-Way Research The ENGINEER shall determine rights-of-way and easement needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2 Rig ht-of-Way/Ea,sement Preparation and Submittal. • The ENGINEER shalll prepare documents to be used to obtain right-of-way and permanent and/or ternplorary easements required to construct the improvements. • The documentation shall be provided in conformance with the checklists and templates available on the CITY1 s, Buzzsaw site. ASSUMPTIONS Right,-of-Way research includes review of pro perty/rig ht-of-way records based on current internet based Tarrant Appraisal District JAD) information available at the start oft e project and available on-ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD) right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. It is assumed there will need to be an easement around the detention basin, and the work will be entirely contained within the C W public ROW and FWIS property. DEL,I,VERABLES A., Right-of-Way, easement,exhibits and metes and bounds provided on CITY forms TACK R Q1 lolMy, W Ar-41"Wo-a %Wm %0 W 0 V V ft—I 1 7 TASK 19. PERMITTING. City ode Fort'Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 8 of'l 0 ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type,, as follows. 9.1. Storm Water Pollution Prevention Plain For pro j'acts that disturb an area greater than one (1 acre, the contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SIWPPP) with appropriate regulatory agencies. The ENGINEER will prepare the iSW'M Construction Plan according to the current CITY i,SWM Criteria Manuial for Site Development and Construction with will, be incorporated into the SWPPP by the contractor. 9.2. Texas Department of Licensing and Regulation (TDLR) • Identify and analyze the requ,irements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authorities, having jurisdiction to approve the design of the Project. • Submit construction documents to the TDLR • Completing all TDLR forms/applications, necessary • Obtain the Notice of Substantial Compliance from the TDLR Request an inspection from T'DLR or a TDLR locally approved Registered Accessibility Specialist no, later than 30 calendar days after construction substantial completion. Advise the CITY in writing of the results of the inspection. Responding to agency comments and requests ASSUMPTIONS & Permit preparation will begin after approval of the Conceptual ►esi n. TASK 101. PLAN SUBMITTAL CHECKLISTS Engineer shall: complete and submit Plan Submittal Checklists in accordance with the following table: PLAN SUBMITTAL CHECKLIST REQUIREMENTS Traffic Traffic Traffic Traffic Street Water T'raffilc Controll Control Control Attachment"A Signal Storm Storm Lights /Sewer Engineering 30% 60% 1 90% Type (Submit All Water Water (Submit (Submit (Submit All I I'll I @ 30%) 30% 60% All @ All @ @ 601%)1 Reqiu,ired for all work in City 30% 60%) ROW' Street X X X X X* X X X X ............ Storm Water X X X X X 'Waiter/Sewer X X X X *If included in street project ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE, OF SERVICES City of Fort Worth,Texas Attachment A PMO Release Date-07/23/2012 Page 9 of 10 Addib'onall Services, not incliuidie,d in, the exist" Ing Scove 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: • Park a,mein,i,ties including fencing,, biackstops,,1 covered awnings,, etc. • Negotiation, of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. Services related to disputes,over pre-qualification, bid protests, bid rejection and re-bidding of the contract for construction., Construction management and inspection services Performance of materials testing or specialty testing services,. Services necessary due to the default of the Contractor. Services related to damages caused by fire, flood, earthquake or other acts of God. Services related to warranty claims, enforcement and ins action after final completion. Services to support, pirep , docurrient, bring, defend, or assist in liti gation, undertaken or defended by the CITY. Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth,Texas Attachment A PMO Release Date-07/23/2012 Page 10 of 10 ATTACHMENT B COMPENSATION Design Services for Luefla, Merrett Detention Basin Multiuse, Recreational Fac'llity City Project No. Lump Sum Project 1. Compensation A. The E G,IN!EER shall be compensated a total lump sum fee of $.48,182 as sumimarized in Exhibit B-1 — Engineer Invoice and Section IV—Summary of Total Project Fees. The tonal lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials,, supplies, and e,quipm�eint necessary to deliver the services, B. The ENGINEER shall be paid month�ly payments as described in Section 11 - Method of Payment. 111. Method of'Pay,ment 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 in�c,luding content as presented in Exhibit B-1, Progress Reports as required in item: Ill. of this Attachment B, and Schedule as required in Attachment D,to this Agreement. 13. 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 Standards reement 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 snot 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 Storm Water Maintenance Services Group - Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B FA O,Official Release Date:8.09.2012 Page,I of 3 B-1 ATTACHMENT COMPENSATION IV. Summary o + to Project Fees Primar ► Responsibility Pee Amount P"rlmle Consultant Shield Engineering Grp Engineering & Project Mgt 47,067 97.7 l ropy se+ MBE/SB Sub-Consultants Non_MBE/S C' Consultants, GAP" Consulting Inc TDL R Consulting ACA 11115 2.3 Acciessabilltiy TOTAL $48L.1 82 100% 1 Project Number& N' me Total Fee E'SBE Fee, MBEI E ' 48,182 City MBE/SBE Goal = Consultant Committed' Goal City of Fort Worth,Texas Attachment 8 PMO Official Release Late:8.09.2012: Page 2 of'3 B-2 EXHIBIT "11113,11" ENG,INEE,R IN�VO,ICIE (SupplemIent W Aft achment B) Insert required invoice format ll�olwing this, page, including negotiated total budget and allocations of budgets across work types and work phases. Ciity of Fort Worth,Texas Attachment 8 Pitt Official Release Date:8. 9.2012 Pagle 3 of 3 B-3 co 00 co E m 4) > C 0 E. .29 L- 0 13 0 a > C E c 0 0 0 (0) E 2 E E CL 0 0 :3 N (N 0 CD 0 0 col a t It- i M a I(D "I'll" E II C� 15 C14 C14 2 4) 00 co 4) E V- 00 0 E 0 0 0 0 z 0 0 Z LL UL c > m r- % s 'o. 0 ol 2 ul — 0 .0 u LL- Ift 9 1 0 U- > 2 C 4) C 00 o 0 EID 0 C14 CN 4T, 0 t:: u iz 3: V— 00,co 22, - *0 4) C :ER CL C: m 2 ; E go F E 0 m 0 low# LL CL icr 0 cr 4) c lid (D CL 2 E a) cm 'E W U) 4) (U m AW cn 0 ca c IT ui 0 L LO) L L L m IV ol E z IS? so= >t 0 > Z c m 19 W 40 0. 3 8 a; 0 (D CL U) . % E E o S 4cp m e o > 0 0 0 0 0 0 3:13: 1 c C V) 40*CL 0 CL > c E 0 10 < = V r_ E > m 0 o 00 m C 0 lot (141 Q I CL to, E x 0 E rl x u '0 > 1" Lo 0 13: 0 E > 0 -0 0 U. r_ 0 s E 3: CL L 191 CN 0>� co fa r- V tz iaR i LL o CL L W Q? C9 t- (D u CIL U, 00 00 V 4) ro- X: Lo E m E 0 9b m 0 U- W 0 c cr 4), c ce d) 10 1= 01 d)l CL co C 1 4), wi A? ,Now, m Li A 4) E o Cl C-1 OL 0 0 E ro E 0, CL, U. ATTACHMENT 46C)p CHANGES AND,AMENDMENTS TO STANDARD,AGREEMENT Design:, Services,for Luella Merreft Detention Basin Multiuse Recreational Facility City Project No. 1. Scour analysis is not included. 2. Preparation of Letter of Map Revis,ion (LOMR) documents is not lincluided. 3. Subsurface Utility Engineering is not included 41. Bild phase services are not included. 5. Preparation of Construction Specifications is not included. 6. eotechnical engineering and pavement design services are not included. City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page I of I Consulting Contract Schedule Speclifications FoRT WORTH City of Fort Worth Capital Improvement Program Attachment,D-Project Schedule It I This PROLECT re,q,u,ires a Tier << �3, >> schedule as definea herein I n and in the ,city'S Schedule Guidance Document. D1. CONSULTING, SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this 'fication, she g by Critical Path Method (C PM) the planned sequence and timing of speci in I the Work associated with the Agreement. All submittals shall be submI'tted in PI)Fformat, and schedule files shall also be subn*u*tted in native file format (i.e. file formats, associated with the scheduling software). The approved, schedul' g software systems for creating the I in schedule files,are: - Primavera (Version.6.1 or later or approved by CITY) - Primavera Contractor(Version 6.1 or,later or approved by Clery) - Microsoft Project(Version 2003/2007 or later or approved by 01[J r1r) D,2., BASELINE CONSULTING SERVICES SCHEDULE: Follow''Ing notice-to-proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to delmonstrate the CONSULT ANT'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 CH'Y 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,S�chedule 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 dependenci'es/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 CI 's Schedule Guidance Document 'Inclusive. As 'the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CI '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, Coordination issues the CITY should be aware of or can assist with, City of Fort Worth,Texas Attachment D P,MO Release Date:02.15. 111 Page 1 of 2 Other schedule related issues that the CONSULTAN T 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 on ctrol, the CONSULTANT shall take such action as necessary to, improve tne 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. 15. SCHEDULE TIERS SPECIA1,,INSTRUCTIONS:, The requirements for the schedule are determined based on the nature and needs of the projelct. The schedule, 'tier for this project Is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITYs current Schedule Guidance,Document. D6. SCHEDULE SIB .L AND PAYMENT.- As stated in III.A.(1). of the Agreement, CONSULTAN r 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 CI 's current Schedule Guidance Document. 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