HomeMy WebLinkAboutContract 35668 CITY SECRETARY �ff
CONTRACT NO.
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and DeOtte, Inc.,
(the "ENGINEER"), for a PROJECT generally described as: Storm Water Utility Project —
Lower Krauss-Baker Channel Improvements
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving
7 days' written notice to CITY, suspend services under this AGREEMENT until
paid in full, including interest. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
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CITY because of such suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the
degree of skill and diligence normally employed in the State of Texas by
professional engineers or consultants performing the same or similar services
at the time such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise specified
in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive test
points and sample intervals and at locations other than where
observations, exploration, and investigations have been made. Because
of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect the
total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
on reproducible plastic film sheets, or as otherwise approved by CITY, which
shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable
for the use of such drawings for any project other than the PROJECT
described herein.
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E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the
CITY and/or the CITY's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the Contract Documents and any health or safety precautions
required by such construction work. The ENGINEER and its personnel have
no authority to exercise any control over any construction contractor or other
entity or their employees in connection with their work or any health or safety
precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general,
if the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the Contract
Documents, nor shall anything in the Contract Documents or the agreement
between CITY and ENGINEER be construed as requiring ENGINEER to make
exhaustive or continuous on-site inspections to discover latent defects in the
work or otherwise check the quality or quantity of the work on the PROJECT.
If, for any reason, the ENGINEER should make an on-site observation(s), on
the basis of such on-site observations, if any, the ENGINEER shall endeavor
to keep the CITY informed of any deviation from the Contract Documents
coming to the actual notice of ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(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
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conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the 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,
claims, security interests, or encumbrances; or that there are not other matters
at issue between the CITY and the construction contractor that affect the
amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
I. Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for
the participation of minority business enterprises and woman business
enterprises in City contracts. Engineer acknowledges the M/WBE goal
established for this contract and its commitment to meet that goal. Any
misrepresentation of facts (other than a negligent misrepresentation) and/or
the commission of fraud by the Engineer may result in the termination of this
agreement and debarment from participating in City contracts for a period of
time of not less than three (3) years.
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J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after 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 compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of three (3) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3)hereof. CITY shall give subcon-sultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of copies at the rate published in the Texas Administrative Code in effect
as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum limits that are to be in effect
prior to commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident on a combined single limit or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
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A commercial business policy shall provide coverage on "Any Auto", defined
as autos owned, hired and non-owned when said vehicle is used in the
course of the PROJECT.
Worker's Compensation
Coverage A: Statutory limits
Coverage B: Employers Liability
$100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim
$2,000,000 aggregate
Professional liability shall be written on a claims-made basis and 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) 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.
(a) Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance requirements.
(d) A minimum of forty-five (45) days notice of cancellation or material change
in coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto ENGINEER's insurance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
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(e) Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A: VII in the current A.M. Best Key
Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
(f) Deductible limits, or self insured retentions, affecting insurance required
herein shall be acceptable to the CITY in its sole discretion; and, in lieu of
traditional insurance, any alternative coverage maintained through
insurance pools or risk retention groups must be also approved.
Dedicated financial resources or letters of credit may also be acceptable
to the City.
(g) Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring expense,
to review the ENGINEER's insurance policies including endorsements
thereto and, at the CITY's discretion, the ENGINEER may be required to
provide proof of insurance premium payments.
(i) The Commercial General L�ab�lity insurance .pol�cV shall have :no
exclusions lay enClorSemelltS"unless the CITY approves such exclusions
to uvriting'.
(j) For all lines of coverage underwritten on a claims-made basis, other than
Professional Liability, the retroactive date shall be coincident with or prior
to the date of the contractual agreement. The certificate of insurance
shall state both the retroactive date and that the coverage is claims-
made.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement and all insurance
required in this section, with the exception of Professional Liability, shall
be written on an occurrence basis.
(1) 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.
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M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required, at
its own cost and expense. However, if design changes are required due to the
changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which
the ENGINEER could not have been reasonably aware of, the ENGINEER
shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
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B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will
perform, at no cost to the ENGINEER, such tests of equipment, machinery,
pipelines, and other components of the CITY's facilities as may be required in
connection with the ENGINEER's services. The CITY will be responsible for all
acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights-of-way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule in Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
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G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees,
and subcontractors, for any claim arising out of, in connection
with, or resulting from the engineering services performed.
Only the CITY will be the beneficiary of any undertaking by
the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
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requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments of
service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
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
control of the ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with 5 days of written notice and diligently complete the
correction thereafter.
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(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b,) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document the
work underway at the time the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors, and
ENGINEER's compensation will be made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any
loss, cost, or expense claimed by third parties for property damage and
bodily injury, including death, caused solely by the negligence or willful
misconduct of the ENGINEER, its employees, officers, and
subcontractors in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the
CITY (or a person identified above for whom each is liable) is a cause of
such damage or injury, the loss, cost, or expense shall be shared
between the ENGINEER and the CITY in proportion to their relative
degrees of negligence or willful misconduct as determined pursuant to
T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
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H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories
of recovery, including breach of contract or warranty, tort including negligence,
strict or statutory liability, or any other cause of action, except for willful
misconduct or gross negligence for limitations of liability and sole negligence
for indemnification. Parties mean the CITY and the ENGINEER, and their
officers, employees, agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue
for any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If mediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely to
be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of the
Association then in effect. Any award rendered by the arbitrators less than
$50,000, exclusive of attorney's fees, costs and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will not
be subject to appeal or modification except to the extent permitted by Sections
10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award shall
become final ninety (90) days from the date same is issued. If litigation is filed
by either party within said ninety (90) day period, the award shall become null
and void and shall not be used by either party for any purpose in the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J.
shall survive termination of this AGREEMENT for any cause.
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L. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted during the term of this AGREEMENT 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 -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.
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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 AGREEMENT:
Attachment A - Scope of Services
Attachment B — Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Executed this the I"day of , 20dq.
ATTEST: CITY OF FORT WORTH
By:
Marty Hendri arc A. Ott
City Secretary Af--.MAssJs
City Manager
l APPROVAL RECOMMENDED
contra t_ A t on ZatiOn
�-. •--ram•-+--•
A. Douglas Rademaker, P.E.
Date Director, Engineering Department
APPRdV D AS T OR AND LEGALI
Assistant C' A ornejr
DeOtte, Inc.
ENGINEER
ATTEST: 1
By:
W .
NAME: Richard DeOtte, P.E.
TITLE: President
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fy, WORTH, EX. ,
ATTACHMENT"A"
General Scone.of Services
"Scope of Services set forth herein can only be modified by additions, clarifications, and/or deletions
set forth in the supplemental Scope of Services. In cases of conflict between the Supplemental
Scope of Services and the General Scope of Services, the Supplemental Scope of Services shall
have precedence over the General Scope of Services."
GFNFRAI
1) Preliminary Conference with City
The Engineer shall attend preliminary conferences with authorized representatives of the City
regarding the scope of project so that the plans and specifications which are to be developed
hereunder by the Engineer will result in providing facilities which are economical in design
and conform to the City's requirements and budgetary constraints.
2) Coordination with Outside Agencies/Public Entities
The Engineer shall coordinate with officials of other outside agencies as may be necessary
for the design of the proposed street, and storm drain and/or water and wastewater facili-
ties/improvements. It shall be the Engineer's duty hereunder to secure necessary information
from such outside agencies, to meet their requirements.
3) Geotechnical Investigations
The Engineer shall advise the City of test borings, and other subsurface investigations that
may be needed. In the event it is determined necessary to make borings or excavate test
holes or pits, the Engineer shall in coordination with the City and the City's geotechnical
engineering consultant, draw up specifications for such testing program. The cost of the
borings or excavations shall be paid for by the City.
4) Agreements and Permits
The Engineer shall complete all forms/applications to allow the City of Fort Worth to obtain
any and all agreements and/or permits normally required for a project of this size and type.
The Engineer will be responsible for negotiating and coordinating to obtain approval of the
agency issuing the agreement and/or permits and will make any revisions necessary to bring
the plans into compliance with the requirements of said agency, including but not limited to
highways, railroads, water authorities, Corps of Engineers and other utilities.
5) Design Changes Relating to Permitting Authorities
If permitting authorities require design changes, the Engineer shall revise the plans and
specifications as required at the Engineers own cost and expense, unless such changes are
required due to changes in the design of the facilities made by the permitting authority. If
such changes are required, the Engineer shall notify the City and an amendment to the
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
Page 17 of 21
contract shall be made if the Engineer incurs additional cost. If there are unavoidable delays,
a mutually agreeable and reasonable time extension shall be negotiated.
6) Plan Submittal
Copies of the original plans shall be provided on reproducible mylar or approved plastic film
sheets, or as otherwise approved by the Department of Engineering and shall become the
property of the City. City may use such drawings in any manner it desires; provided, however
that the Engineer shall not be liable for the use of such drawings for any project other than
the project described herein; and further provided, that the Engineer shall not be liable for the
consequences of any changes that are made to the drawings or changes that are made in
the implementation of the drawings without the written approval of the Engineer.
PHASE 1
7) Right-of-Way, Easement and Land Acquisition Needs
The Engineer shall determine the rights-of-way, easement needs for the construction of the
project. Engineer shall determine ownership of such land and furnish the City with the
necessary right-of-way sketches, prepare necessary easement descriptions for acquiring the
rights-of-way and/or easements for the construction of this project. Sketches and easement
descriptions are to be presented in form suitable for direct use by the Department of
Engineering in obtaining rights-of-way, easements, permits and licensing agreements. All
materials shall be furnished on the appropriate City forms in a minimum of four (4) copies
each.
8) Design Survey
The Engineer shall provide necessary field survey for use in the preparation of Plans and
Specifications. The Engineer shall furnish the City certified copies of the field data.
9) Utility Coordination
The Engineer shall coordinate with all utilities, including utilities owned by the City, as to any
proposed utility liens or adjustment to existing utility lines within the project limits. The
information obtained shall be shown on the conceptual plans. The Engineer shall show on the
preliminary and final plans the location of the proposed utility lines, existing utility lines, based
on the information provided by the utility, and any adjustments and/or relocation of the
existing lines within the project limits. The Engineer shall also evaluate the phasing of the
water, wastewater, street and drainage work, and shall submit such evaluation in writing to
the City as part of this phase of the project.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
Page 18 of 21
10) Conceptual Plans
The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans which
include layouts, preliminary right-of-way needs and preliminary estimates of probable
construction costs for the Engineer's recommended plan. For all submittals, the Engineer
shall submit plans and documents for street/storm drain and water/wastewater facilities. The
Engineer shall receive written approval of the Phase 1 Plans from the City's project manager
before proceeding with Phase 2.
PHASE 2
11) Design Data
The Engineer shall provide design data, reports, cross-sections, profiles, drainage
calculations, and preliminary estimates of probable construction cost.
12) Preliminary Construction Plans and Technical Specifications
The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans and
five (5) copies of the preliminary technical specifications for review by the City and for
submission to utility companies and other agencies for the purposes of coordinating work with
existing and proposed utilities. The preliminary construction plans shall indicate location of
existing/proposed utilities and storm drain lines. The Engineer shall receive written approval
of the Phase 2 plans from the City's project manager before proceeding with Phase 3.
PHASE 3
13) Final Construction Plans
The Engineer shall furnish five (5) copies of the final construction plans and contract
specifications for review by the City.
14) Detailed Cost Estimate
The Engineer shall furnish four(4) copies of detailed estimates of probable construction costs
for the authorized construction project, which shall include summaries of bid items and
quantities.
15) Plans and Specification Approval
The Engineer shall furnish an original cover mylar for the signatures of authorized City
officials. The Contract Documents shall comply with applicable local, state and federal laws
and with applicable rules and regulations promulgated by local, state and national boards,
bureaus and agencies. The Engineer shall receive written approval of the Phase 3 plans from
the City's project manager before proceeding with Phase 4.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
Page 19 of 21
PHASE 4
16) Final Approved Construction Plans
The Engineer shall furnish 45 bound copies of Phase 4 final approved construction plans and
contract specifications. The approved plans and contract specifications shall be used as
authorized by the City for use in obtaining bids, awarding contracts, and constructing the
project.
17) Bidding Assistance
The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the bidding
documents, and assist the owner in determining the qualifications and acceptability of
prospective constructors, subcontractors, and suppliers. When substitution prior to the award
of contracts is allowed by the bidding documents, the Engineer will advise the owner as to the
acceptability of alternate materials and equipment proposed by the prospective constructors.
18) Recommendation of Award
The Engineer shall assist in the tabulation and review of all bids received for the construction
of the project and shall make a recommendation of award to the City.
19) Prebid Conference
The Engineer shall attend the Prebid conference and the bid opening, prepare bid tabulation
sheets and provide assistance to the owner in evaluating bids or proposals and in assembling
and awarding contracts for construction, materials, equipment, and services.
PHASE 5
20) Preconstruction Conference
The Engineer shall attend the preconstruction conference.
21) Construction Survey
The Engineer shall be available to the City on matters concerning the layout of the project
during its construction and will set control points in the field to allow City survey crews to
stake the project. The setting of line and grade stakes and route inspection of construction
will be performed by the City.
22) Site Visits
The Engineer shall visit the project site at appropriate intervals as construction proceeds to
observe and report on the progress and the quality of the executed work.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
Page 20 of 21
23) Shop Drawing Review
The Engineer shall review shop and erection drawings submitted by the contractor for
compliance with design concepts. The Engineer shall review laboratory, shop, and mill test
reports on materials and equipment.
24) Instructions to Contractor
The Engineer shall provide necessary interpretations and clarifications of contract
documents, review change orders and make recommendations as to the acceptability of the
work, at the request of the City.
25) Differing Site Conditions
The Engineer shall prepare sketches required to resolve problems due to actual field
conditions encountered.
26) Record Drawings
The Engineer shall prepare record drawings from information submitted by the contractor.
STANDARD ENGINEERING AGREEMENT(REV 10/06105) " l��
Page21 of21
EXHIBIT "A-1"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
DESIGN SERVICES: PAVING AND/OR DRAINAGE IMPROVEMENTS (Lower Krause Baker
Channels)
The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT
"A". Work under this attachment includes engineering services for paving and/or storm drain
improvements for the following:
CITY PROJECT NO. 00633
Storm Drain Information
Street Water Map No. Existing Size Proposed Size Length (ft)
Lower Krause 2036-368 Earthen Channel Gabion Erosion 1400
Baker Channels 2036-364 Protection
Upon receipt of notice to proceed, the ENGINEER will perform the following tasks:
PART A—PRE-ENGINEERING
1. Initial Data Collection
a. Pre-Design Coordination Meetings
ENGINEER will attend and document meetings, as required, to discuss and
coordinate various aspects of the project and to ensure that the project stays on
schedule. For purposes of establishing a level of comfort, two (2) meetings are
anticipated. These include the following:
One (1) pre-design kick-off meeting, (including the CITY's Department of
Engineering and other departments that are impacted by the project).
EA1-1
Rev 11/30/04
One (1) review meeting at completion of the City's review of the conceptual
engineering plans.
b. Data Collection
In addition to data obtained from the City, ENGINEER will research and make
efforts to obtain pertinent information to aid in coordination of the proposed
improvements with any planned future improvements that may influence the
project. ENGINEER will also identify and seek to obtain data for existing conditions
that may impact the project including; utilities, City Master plans, CITY drainage
complaint files, existing applicable drainage studies and property ownership as
available from the Tax Assessor's office.
C. Coordination with Other Agencies
During the concept phase the ENGINEER shall coordinate with all utilities,
including utilities owned by the City, TxDOT and railroads. These entities shall also
be contacted if applicable, to determine plans for any proposed facilities or
adjustment to existing facilities within the project limits. The information obtained
shall be shown on the concept plans. The ENGINEER shall show the location of
the proposed utility lines, existing utility lines and any adjustments and/or relocation
of the existing lines within the project limits. ENGINEER shall complete all forms
necessary for City to obtain permit letters from TxDOT and railroads and submit
such forms to the City. City shall be responsible for forwarding the forms to the
affected agencies for execution.
2. Schedule Submittal and Monthly Progress Report
The ENGINEER shall submit a project schedule after the design contract is fully
executed. The schedule shall be updated and submitted to the CITY along with
monthly progress reports as required under Attachment B of the contract.
PART B -CONSTRUCTION PLANS AND SPECIFICATIONS
1. Conceptual Engineering
i. Surveys for Design
EA1-2
Rev 11/30/04
a. ENGINEER will perform field surveys to collect horizontal and vertical
elevations and other information needed by ENGINEER in design and
preparation of plans for the project. Information gathered during the survey
shall include topographic data, elevations of all sanitary and adjacent storm
sewers, rim/invert elevations, location of buried utilities, structures, and
other features relevant to the final plan sheets. Existing drainage at
intersections will be verified by field surveys. Spot elevations will be shown
on intersection layouts with cross slope to fit intersecting grade lines.
b. ENGINEER will provide the following information:
All plans, field notes, plats, maps, legal descriptions, or other specified
documents prepared in conjunction with the requested services shall be
provided in a digital format compatible with the electronic data collection
and computer aided design and drafting software currently in use by the
Department of Engineering. All text data such as plan and profile, legal
descriptions, coordinate files, cut sheets, etc., shall be provided in the
American Standard Code for Information Interchange (ASCII) format, and
all drawing files shall be provided in Autocad (DWG or DXF) format
(currently Release 12), or as otherwise approved in writing by the CITY,
and all data collected and generated during the course of the project shall
become the property of the CITY.
The minimum survey information to be provided on the plans shall include
the following:
1. A Project Control Sheet, showing ALL Control Points, used or set
while gathering data. Generally on a scale of not less than 1:400:
2. The following information about each Control Point;
a. Identified (Existing. City Monument #8901, PK Nail,
5/8" Iron Rod)
b. X, Y and Z Coordinates, in an identified coordinate
system, and a referred bearing base. Z coordinate on
City Datum only.
EA1-3
Rev 11/30/04
C. Descriptive Location (Ex. Set in the centerline of the
inlet in the South curb line of North Side Drive at the
East end of radius at the Southeast corner of North
Side Drive and North Main Street).
3. Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in
the same coordinate system, as the Control.
4. No less than two horizontal bench marks, per line or location.
5. Bearings given on all proposed centerlines, or baselines.
6. Station equations relating utilities to paving, when appropriate.
ii. Public Notification
Prior to conducting design survey, ENGINEER will notify affected
residents of the project in writing. The notification letter shall be on
company letterhead and shall include the following: project name
limits DOE project No., Consultant's Project Manager and phone
no., scope of survey work and design survey schedule. The letter
will be reviewed and approved by the City prior to distribution.
iii. Drainage Computations
ENGINEER will review and document the storm water watershed
drainage runoff area and existing street, right-of-way and storm
sewer capacities for the subject site. A drainage area map will be
drawn at 1" = 200' scale from available contour maps.
Calculations regarding street and right-of-way capacities and
design discharges (5-year and 100-year frequencies) at selected
critical locations will be provided. Capacities of existing storm
drain will be calculated and shown. The ENGINEER's
responsibility includes recommendations for improvements of the
existing system as deemed reasonable and consistent with City
standards.
iv. Conceptual Engineering Plan Submittal
EA1-4
Rev 11/30/04
a. Conceptual plans shall be submitted to City 60 days after
Notice to Proceed Letter is issued.
b. The ENGINEER shall furnish four (4) copies of the Phase 1
concept engineering plans which include layouts, preliminary
right-of-way needs and cost estimates for the ENGINEER's
recommended plan. The ENGINEER shall also evaluate the
phasing of the water, sanitary sewer, street and drainage work,
and shall submit such evaluation in writing to the City as a part
of the concept phase of the project.
V. DRAINAGE STUDY, HEC MODELING. FEMA and CORPS OF
ENGINEERS
The ENGINEER shall prepare a drainage study of the affected
portion of the two tributaries of this project including preparation of
HEC-RAS models and appropriate Hydrology for use in the FEMA
LOMR process. This contract is based on the expectation that the
conditions of the project will allow a Letter of Map Revision to be
processed following construction of improvements. This is based
on the fact that the two tributaries are currently unstudied, although
represented as a "Zone A". Additionally, since the jurisdictional
area of the Corps of Engineers is not expected to be affected
significantly (due to the nature of these man-made channels), this
project appears to only require a notification after construction. The
report will include a drainage area map, work map, hydraulic
calculations (existing FEMA hydrology shall be used), models to
include, "new existing" and "proposed" for the 10-, 50-, 100- and
500-year storms will be prepared along with a narrative suitable for
processing with FEMA to obtain the Letter of Map Revision for the
location. DeOtte, Inc. will provide follow-up consultation with FEMA
as needed until the LOMR is obtained. All submittal or permit fees
related to the LOMR shall be paid by DeOtte, Inc. and reimbursed
by the City. This contract anticipates fees of$4,400.
If, for any reason, a Conditional Letter of Map Revision becomes
required, interaction with the Corp of Engineers becomes required
by DeOtte, Inc. or FEMA fees exceed $4,400, an amendment to
EA1-5
Rev 11/30/04
this contract shall be required for the associated costs.
2. Preliminary Engineering
Upon approval of Part B, Paragraph IV, ENGINEER will prepare construction plans as
follows:
a. Drainage area maps with drainage calculations and hydraulic
computations. Information shown on the plans will be consistent with Part
A, Paragraph 1.b. for proposed condition.
b. Preliminary project plans and profile sheets which will show the following
and shall be on 22" x 34" sheets:
Property Ownership
Curb Lines
Driveways
Medians (if applicable)
Sidewalks
Existing and proposed water and sanitary sewer mains.
C. Proposed roadway profile grades and elevations along each curb line;
elevations at all pm.i.'s; p.i's half stations; high and low points; vertical curve
information; and pertinent AASHTO calculations. Profiles for existing curbs
(if any) and existing ground at the left and right-of-way lines shall be shown.
Existing found property comers (e.g. Iron pins) , along the existing right-of-
way shall be shown on the plans. Profiles for existing and proposed storm
drain mains and leads shall be provided.
d. Existing utilities and utility easements will be shown on the roadway plan
and profile sheets. ENGINEER will coordinate with utility companies and
the City of Fort Worth to ascertain what, if any, future improvements are
planned that may impact the project.
e. Preliminary roadway cross-sections will be developed, from the survey
notes, at intervals not-to-exceed 50 foot along the project length and will
extend 10' past the right of way line on both sides of the street. Additional
cross-sections at important features including driveways, p.i.'s of
EA1-6
Rev 11/30/04
intersecting streets, (minimum distance of 100' along cross-street at each
P.I.) walks, retaining walls, etc., will also be provided. Profiles of centerline
of driveways will also be provided where necessary. Scale will be 1" = 10'
horizontal and 1" = 2'vertical.
f. Street and intersection layouts.
g. Proposed plan/profile sheets will conform to City of Fort Worth construction
legend. Adequate horizontal and vertical control shall be provided on the
plan sheets to locate all proposed and existing facilities. Legal descriptions
(Lot Nos., Block Nos., and Addition Names) along with property ownership
shall be provided on the plan view.
h. Furnish as a function of final plans, six (6) copies of the final cross-sections
on 22" x 34" sheets. Information on these sheets will include centerline
station, profile grades and centerline elevations, roadway section (existing
and proposed), right-of-way limits. Scale will be 1" = 20' horizontal and 1" =
2' vertical with cross sections plotted with stationing from the bottom of the
sheet, and will include laterals and inlets. CITY policy with regard to parking
design shall be maintained. Excavation and embankment volumes and end
area computations shall also be provided.
I. Right-of-Way Research
The ENGINEER will conduct preliminary research for availability of existing
easements where open-cut construction or relocation of existing
alignments is probable. Temporary and permanent easements will be
appropriated based on available information and recommendations will be
made for approval by the City.
j. Right-of-way/Easement Preparation and Submittal
Preparation and submittal of right-of-way, easements and rights-of-entry
will be in conformance with "Submittal of Information to Real Property
Division for Acquisition of Property".
EA1-7
Rev 11/30/04
k. Utility Clearance Phase
The ENGINEER will consult with the City's Transportation and Public
Works Department, Water Department, Department of Engineering, and
other CITY departments, public utilities, private utilities, private utilities
and government agencies to determine the approximate location of
above and underground utilities, and other facilities that have an impact
or influence on the project. ENGINEER will design City facilities to avoid
or minimize conflicts with existing utilities.
The ENGINEER shall deliver a minimum of 13 sets of approved preliminary
construction plans to the City's Utility Coordinator for forwarding to all utility
companies, which have facilities within the limits of the project.
I. Preliminary Construction Plan Submittal
i. Preliminary construction plans and specifications shall be submitted
to CITY 45 days after approval of Part B, Paragraph iv.
ii. The ENGINEER shall deliver two (2) sets of preliminary
construction plans and two (2) specifications to CITY for review.
Generally, plan sheets shall be organized as follows:
Cover Sheet
General Layout and Legend Sheet
Drainage Area Map and Computations
Plan & Profile Sheets
Standard Construction Details
Special Details (If applicable)
iii. Preliminary estimate shall submit a preliminary estimate of probable
construction cost with the preliminary plans submitted. Engineer
shall assist City in selecting the feasible and or economical
solutions to be pursued.
M. Review Meetings with City
The ENGINEER shall meet with CITY to discuss review comments for
EA1-8
Rev 11/30/04 +JAI HC�'j'fnnI-i
°:,J
preliminary submittal. The CITY shall direct the ENGINEER in writing to
proceed with Final Design for Final Review.
n. Public Meeting
After the preliminary plans have been reviewed and approved by the City,
the ENGINEER shall prepare project exhibits, provide the CITY with the
database listing the names and addresses of all residents and business to
be affected by the proposed project, 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 customers.
3. Final Construction Plan Submittal
a. Final Construction Documents shall be submitted to CITY 30 days after
approval of Part B, Paragraph 2 (b).
Following CITY approval of the recommended improvements, the
ENGINEER shall prepare final plans and specifications and contract
documents to CITY (each plan sheet shall be stamped, dated, and signed
by the ENGINEER registered in State of Texas) and submit two (2) sets of
plans and construction contract documents within 15 days of CITY's final
approval. Plan sets shall be used for Part C activities.
b. ENGINEER's Estimate of Probable Construction Cost
The ENGINEER shall submit a final estimate of probable construction cost
with the final plans submitted.
C. Mylar Submittals
The ENGINEER shall submit a final set of mylar drawings for record
storage as follows:
1. Street and storm drain plans shall be submitted as one set
of plans. Street and storm drain plans shall be separate
from water and sanitary sewer plans. All sheets shall be
standard size (22" x 34") with all project numbers (TPW and
EA1-9
Rev 11/30/04
water/sanitary sewer) prominently displayed.
2. For projects where water/sanita y sewer improvements
occur on a TPW Department funded project with no Water
funding involved, a separate set of mylars with cover sheet
shall be submitted for Water Department.
3. Signed plans sets shall also be submitted as an Adobe
Acrobat PDF format (version 6.0 or higher) file. There
shall be one (1) PDF file for the TPW plan set and a
separate PDF file for the Water plan set. Each PDF file
shall contain all associated sheets of the particular plan set.
Singular PDF files for each sheet of a plan set will not
be accepted. PDF files shall conform to naming
conventions as follows:
I. TPW file name example — "W-1956—org47.pdf'
where "W-1956" is the assigned file number
obtained from the City of Fort Worth, "_org"
designating the file is of an original plan set, "47"
shall be the total number of sheets in this file.
Example: W-0053—org3.pdf and K-0320_org5.pdf
Il. Water and Sewer file name example — "X-
35667—org36.pdf' where "X-35667" is the
assigned file number obtained from the City of Fort
Worth, "_org" designating the file is of an original
plan set, "36" shall be the total number of sheets in
this file.
Example: X-12755_org18.pdf
Both PDF files shall be submitted on one (1) Compact Disk, which will
become property of and remain with the City of Fort Worth. Floppy disks,
EAI-10
Rev 11/30/04
zip disks, e-mail flash media will not be accepted.
4. For information on the proper manner to submit PDF files
and to obtain a file number for the project, contact the
Department of Engineering Vault at telephone number (817)
392-8426. File numbers will not be issued to a project
unless the DOE number and proper fund codes have been
assigned and are in the Department of Engineering
database.
PART C - PRE-CONSTRUCTION ASSISTANCE
Administration
a. Bid Documents Submittal
The ENGINEER will make available for bidding, upon request by
the CITY, up to fifty (50) sets of the final approved and dated plans
and specifications and contract documents for the projects to the
CITY for distribution to potential bidders. Proposal will be provided
in electronic format.
b. Bidding Assistance
The ENGINEER shall assist the CITY during this phase including
preparation and delivery of any additional addenda prior to bid
opening to plan holders and respond to questions submitted to
DOE by prospective bidders. Engineer shall attend the scheduled
pre-bid conference.
The ENGINEER shall assist in reviewing the bids for completeness
and accuracy. The ENGINEER shall attend the project bid opening,
develop bid tabulations in hard copy and electronic format and
return four (4) copies of the bid tabulation, along with the contract
documents to the City within three (3) working days after bid
openings.
C. Assistance During Construction
EAl-11
Rev 11/30/04
The ENGINEER shall attend the pre-construction conference for
the project. The ENGINEER shall also consult with and advise the
CITY on design and/or construction changes, if necessary.
EAl-12
Rev 11/30/04 t ti. 1i^i
EEC
Vu l V
ATTACHMENT "B"
COMPENSATION AND SCHEDULE
Street and Drainage Reconstruction
On
LOWER KRAUSE BAKER CHANNELS STORMWATER IMPROVEMENTS
CITY PROJECT NO. 00633
I. Compensation
A. The Engineer shall be compensated a total lump sum fee of $101,379 as
summarized in Exhibit "B-313" Payment of the total lump sum fee shall be
considered full compensation for the services described in Exhibit "A-1" for all
labor materials, supplies, and equipment necessary to complete the project.
B. The Engineer shall be paid monthly payments as described in Exhibit "B-1"
Section 1 - Method of Payment.
Each invoice is to be verified as to its accuracy and compliance with the terms of
this contract by an officer of the Engineer.
II. Schedule
Final Plans and Contract Documents for bid advertisement shall be submitted within 160
calendar days after the"Notice to Proceed" letter is issued.
A. Conceptual Engineering Plans - 60 calendar days.
B. Preliminary Engineering Plans and Contract Documents -45 calendar days.
C. Final Engineering Plans and Contract Documents - 30 calendar days.
D. Final Plans and Contract Documents for Bid Advertisement- 20 calendar days.
B - 1
EXHIBIT "13-1"
METHOD OF PAYMENT
(SUPPLEMENT TO ATTACHMENT "B")
Street and Drainage Reconstruction
On
LOWER KRAUSE BAKER CHANNELS STORMWATER IMPROVEMENTS
CITY PROJECT NO. 00633
I. Method of Payment
Partial payment shall be made to the Engineer monthly upon City's approval of an
invoice from the ENGINEER outlining the estimated current percent complete of the total
project.
The aggregate of such monthly partial fee payments shall not exceed the following:
Until satisfactory completion of Exhibit "A-1" ,Conceptual Engineering plan submittal and
approval by the City, a sum not to exceed 30 percent of the total lump sum fee.
Until satisfactory completion of Exhibit "A-1" ,Preliminary Construction Plan submittal to
City, a sum not to exceed 60 percent of the total lump sum fee, less previous payments.
Until satisfactory completion of Exhibit "A-1", Final Construction plan submittal and
approval by the City, a sum not to exceed 90 percent of the total lump sum fee, less
previous payments.
The balance of the earnings, less previous payments, shall be payable after Bid opening
for the Project has been conducted.
II. Progress Reports
A. The Engineer shall submit to the designated representative of the Director of the
Department of Engineering monthly progress reports covering all phases of
design by the 15th of every month in the format required by the City.
B. If Engineer determines in the course of making design drawings and
specifications that the opinion of probable construction cost of $660,616 (as
estimated in Exhibit B-4) will be exceeded, whether by change in the scope of the
project, increased cost or other conditions, the Engineer shall immediately report
such fact to the City's Director of the Department of Engineering and, if so
instructed by the Director of the Department of Engineering shall suspend all
work hereunder.
131 - 1
EXHIBIT 6113-2"
HOURLY RATE SCHEDULE
(SUPPLEMENT TO ATTACHMENT "B")
Street and Drainage Reconstruction
On
LOWER KRAUSE BAKER CHANNELS STORMWATER IMPROVEMENTS
CITY PROJECT NO. 00633
2007 Standard Hourly Rate Schedule
Employee Classification Rate/Hour(Range)
Principal Engineer $130-$200/ hour
Project Manager/Planner $100-$130/hour
Design Engineer(PE) $70-$100/hour
Design Engineer(EIT) $65-$85/hour
Designer/CAD Operator $70-$95/hour
Clerical $45/hour
Mileage $0.45 per mile
Reimbursable Cost plus 10%
Reproduction work will be at current commercial rates.
Subcontractors will be paid for at actual invoice cost plus ten percent (10%).
B2 - 1
EXHIBIT "B-3A"
(Supplement to Attachment B)
SUMMARY OF TOTAL PROJECT FEES
Street and Drainage Reconstruction
On
LOWER KRAUSE BAKER CHANNELS STORMWATER IMPROVEMENTS
CITY PROJECT NO. 00633
Consulting Firm Prime Responsibility Amount %
Prime Consultant:
DeOtte, Inc. Engineering Design, Project $77,579 76.5
Management
Proposed M/WBE
Sub-Consultants Amount %
ANA Consultants, Survey—Topo and additional channel $9,000 8.9
LLC cross sections
ANA Consultants, Survey— Easements (6@$800) $4,800 4.7
LLC
ANA Consultants, FEMA Hydraulics, Report and Filing 10,000 9.9
LLC
Non-MMBE
Consultants:
NONE
TOTAL $101,379 100
CITY M1WBE GOAL = 16% (23.5% SHOWN)
B3 - 1
EXHIBIT 1113-313"
(Supplement to Attachment B)
PROFESSIONAL SERVICES FEE SUMMARY
Street and Drainage Reconstruction
On
LOWER KRAUSE BAKER CHANNELS STORMWATER IMPROVEMENTS
CITY PROJECT NO. 00633
Part A—Conceptual Design, and Part B— Plans and Specifications
Transportation & Public Works: (Construction Cost x ASCE Curve "A" x 85)
Paving & Drainage $560,516 x 8.6 % x 85% = $40,974
Water Department (Construction Costs x ASCE Curve "A" x 85%)
Water Improvements ($0) $0
Sanitary Sewer Improvements ($0) $0
Total Water and Sewer $0 x 0% x 85% $0
T&PW, Water and Sewer: Basic Services Total $40,974
Additional Services:
Transportation & Public Works: $60,405
Water Department: $0
T&PW, Water and Sewer: Additional Services Total: $60,405
TOTAL PROJECT FEE $ 101,379
B3 - 2
EXHIBIT "13-313"
,(Supplement to Attachment B)
SUMMARY OF TOTAL FEE AND BREAKDOWN OF DESIGN FEE (LESS SURVEY FEE)
Street and Drainage Reconstruction
On
LOWER KRAUSE BAKER CHANNELS STORMWATER IMPROVEMENTS
CITY PROJECT NO. 00633
A. SUMMARY OF TOTAL FEE
Service Description Water Sewer Paving Total
Engineering and $0 $0 $87,579 $87,579
Additional Services
Additional Services $0 $0 $0 $0
Surveying Services $ 0 $ 0 $13,800 $13,800
Total $0 $0 $101,379 $101,379
B. BREAKDOWN OF WATER, SEWER AND PAVING FEES (LESS SURVEY FEES)
1. Total Water Fee (less survey fee) Breakdown by Concept. Preliminary and Final Design
a. Concept (30%) = (Total Water Fee—Water Survey Fee) x (0.3) _ $ 0
b. r reliminary (60%) = (Total Water Fee—Water Survey Fee) x (0.6) _ $ 0
c. Final (10%) = (Total Water Fee—Water Survey Fee) x (0.1) _ $ 0
$ 0
2. Total Sewer Fee (less survey fee) Breakdown by Concept, Preliminary and Final Design
a. Concept (30%) = (Total Sewer Fee—Sewer Survey Fee) x (0.3) _ $ 0
b. Preliminary (60%) = (Total Sewer Fee —Sewer Survey Fee) x (0.6) _ $ 0
c. Final (10%) = (Total Sewer Fee—Sewer Survey Fee) x (0.1) _ $ 0
$ 0
3. Total Paving Fee (less survey fee) Breakdown by Concept Preliminary and Final Design
a. Concept (30%) = (Total Paving Fee— Paving Survey Fee) x (0.3) = $26,274
b. Preliminary (60%) = (Total Paving Fee— Paving Survey Fee) x (0.6) = $52,547
c. Final (10%) = (Total Paving Fee— Paving Survey Fee) x (0.1) = $8,758
$87,579
B3 - 3
EXHIBIT "B-3C"
(Supplement to Attachment B)
FEES FOR SURVEYING SERVICES
Street and Drainage Reconstruction
On
LOWER KRAUSE BAKER CHANNELS STORMWATER IMPROVEMENTS
CITY PROJECT NO. 00633
Surveying Services: NOT APPLICABLE
Paving:
Topographic Surveys: $ 9,000.00
1,400'+/- 0 00 Feet wide with houses and detail)
800' (additional cross sections for FEMA modeling
Floodplain delineation)
Easement Preparation: $ 4,800.00
Preparation of six (6) Easements
TBPW Total for Surveying Services: $ 13,800.00
Water:
Topographic Surveys: ( 0 LF x$ _ $ 0.00
Sanitary Sewer:
Topographic Surveys: (_0 LF x $ _ $ 0.00
Water Department Total for Surveying Services: $ 0.00
T&PW and Water Department Total for Surveying Services: $ 13,800.00
-4
EXHIBIT "B-3D"
(Supplement to Attachment B)
ADDITIONAL SERVICES
Street and Drainage Reconstruction
On
LOWER KRAUSE BAKER CHANNELS STORMWATER IMPROVEMENTS
CITY PROJECT NO. 00633
Additional Services: SEE EXHIBIT B-3i8
Transportation & Public Works:
Conceptual Design Report $ 6,000
Topographic Surveying Svcs.(by M/WBE) $ 9,000
(See B-3C)
Easement preparation (6 drg. @$800/ea.) $ 4,800
Erosion Control Plans & SW3P $ 3,000
Traffic Control Plan $ N/A
Meetings & Reports $ 2,000
Printing & Reproduction Subtotal $ 6,165
Administrative (10%) Fee on M/WBE firms $ 3,130
Construction Related Services
Bid Opening and Review $ 370
Compile Bid Tabulations $ 370
Pre-Construction Meeting $ 370
Final Field Inspection $ N/A
Drainage Study and FEMA: $ 25,200
Drainage Area Map and Work Map ($3,000)
Unit Hydrograph Analysis ($3,800)
HEC-RAS Models ($4,000)
Computer models for proposed ($2,000)
FEMA Annotated Maps, Prepare Forms, Coordination
With City Floodplain Administrators, FEMA Submission,
Review comments and coordination ($6,000)
Coordination and meetings ($2,000)
FEMA Fee (See EA1.13.1.v) ($4,400)
Additional Services TP&W Subtotal $ 60,405
Water Department:
Conceptual Design Report $ N/A
Topographic Surveying Services (by M/WBE) $ 0
(See B-3C)
Erosion Control Plans & SW3P $ 0
Meetings & Reports $ 0
B3 - 5
EXHIBIT "13-31D"
(Supplement to Attachment B)
Printing & Reproduction Subtotal $ 0
Administrative(10%) Fee on M/WBE firms $ 0
Construction Related Services
Bid Opening and Review $ 0
Compile Bid Tabulations $ 0
Pre-Construction Meeting $ 0
Final Field Inspection $ N/A
Additional Services W&S Subtotal $ 0
(Water Additional Services Fee 0% $0)
(Sewer Additional Services Fee 0% $0)
T&PW, Water and Sewer: Additional Services Total: $ 60,405
B3 - 6
EXHIBIT "B-3E"
(Supplement to Attachment B)
FEE FOR REPRODUCTION SERVICES
Street and Drainage Reconstruction
On
LOWER KRAUSE BAKER CHANNELS STORMWATER IMPROVEMENTS
CITY PROJECT NO. 00633
Printing & Reproduction:
Transportation & Public Works and Water Department;
Conceptual Design Report:
4 sets of Report $0.20/pg. X 25 pages/report x 4 $ 100
+$20/report (cover and binding)
FEMA Submittal:
3 sets of Report $0.20 /pg. X 25 pages/report x 4 $ 210
+$20/report (cover and binding)
Preliminary & Utility Clearance:
16 sets of Const. Plans $1.75/sht. x 20 sht./plan x 16 $ 560
2 sets pf Specifications $0.20/sht. x 280 pg/specs x 2 $ 112
Final Plans:
3 sets of Const. Plans $1.75/Sheet x 20 sht./plan x 3 $ 105
3 sets of Specifications $0.20/sheet x 280 Pg/Spec x 3 $ 168
Bid Documents:
50 Sets of Const. Plans $1.75/sheet x 20 Sht./Plan x 50 $ 1,750
50 Sets of Specifications $0.20/sheet x 280 pg/spec x 50 $ 2,800
Mounted Exhibits for Public Meeting
1 Drawings $0.00/Board x 1 each (free) $ 0.00
Final Mylars for Record Purposes
1 Set of Plans $18.00/Sht x 20 Sht./Plan x 1 $ 360
Printing & Reproduction Subtotal $ 6,165
Transportation & Public Works $ 6,165
Water Department (Water & Sanitary Sewer) $ 0.00
B3 - 7
EXHIBIT B-4
ENGINEER'S ESTIMATE
DRAINAGE IMPROVEMENTS
PROJECT DESCRIPTION: Lower Krause Raker Storm Water Improvements
X CONCEPTUAL DATE: 5/22/2007
PRELIMINARY PROJECT#: 2007106
FINAL OWNER: City of Fort Worth
No. IDESCRIPTION UNITS I QTY. UNIT COST COST
1
2 Installation of Project Sign (per specifications) EA 2 $300.00 $600.00
3 Unclassified Excavation Cy 1,200 $11.00 $13,200.00
4 6"Topsoil Sy 2,880 $21.00 $60,480.00
5 Seed and Curlex Sy 2,880 $6.00 $17,280.00
6 Gabion Mattress Cy 280 $275.00 $77,000.00
7 3'x3'and 3'xl.5' Gabion Structures Cy 1,240 $275.00 $341,000.00
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
PREPARED BY: Sub-Total Const. Cost $509,560.00
REVIEWED&APPROVED:
Contingency 10% $50,956.00
TOTAL ESTIMATED COST 1 $560,516.00
Page 1
ATTACHMENT C
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT AND ATTACHMENT A
LOWER KRAUSE BAKER CHANNELS—STORMWATER IMPROVEMENTS
CITY PROJECT NO. 00633
There are no changes and amendments to Standard Agreement and Attachment A.
Attachment C Page 1
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ATTACHMENT D-1
DRAINAGE IMPROVEMENTS TO LOWER KRAUSE BAKER CHANNEL
Schedule
City of Fort Worth
CITY PROJECT NO. 00633
Roadway Project No.
PROJECTED ACTUAL
ID Task Name Duration Start- Finish Duration Start Finish
1 Notice to Proceed 0 7/15/2007 7/15/2007
2 Survey 28 7/15/2007 8/12/2007"
3 Design Phase 157 8/12/2007 1/16/2008
4 Conceptual Engineering 46 8/12/2007 912712007
5 Pre-Design Coordination Meeting0 8/12/2007 8/12/2007
6 Conceptual Engineering Plans 30% 28 8/12/2007 9/9/2007
7 30% Conceptual Plan Submittal 0 9/9/2007 9/9/2007
8 Cityof Fort Worth Review 11 9/9/2007 9/20/2007 `° `.
9 Project Review Meeting0 9/20/2007 9/20/2007
10 Neighborhood Meeting0 9/23/2007 9/23/2007
11 Address DOE/Citizen Comments 4 9/23/2007 9/27/2007
12 Submit Plans to UtilityCompanies 0 9/27/2007 9/27/2007_i
13 PreliminaryEngineering 60 9/30/2007 11/29/2007 ,
14 Preliminary Plans and Specs 60% 49 9/30/2007 11/18/2007
15 60% Preliminary Plan Submittal 0 11/18/2007 11/18/2007
16 Franchise Utili Relocations 60 11/18/2007 1/17/2008
17 City of Fort Worth Review 11 11/18/2007 11/29/2007
18 Project Review Meeting 0 11/29/2007 11/29/20071
19 Final Engineering 48 11/29/2007 1/16/2008
20 Prepare 90% Plans and Specifications 18 12/2/2007 12/20/2007
21 90% Preliminary Plan Submittal 0 12/20/2007 12/20/2007 11,
22 City of Fort Worth Review 4 12/23/2007 12/27/2007
23 Project Review Meeting 0 12/27/2007 12/27/2007
24 Incorporate Final DOE Comments 11 12/30/2007 1/10/2008
25 Submit Final Plans anti Specs 100% 0 1/10/2008 1/10/2008
26 Circulate Plans for Signatures 3 1/13/2008 1/16/2008
27 Construction Phase 197 1/16/2008 7/31/2008 °
28 Pre-Construction Assistance 97 111612008 4/2212008
29 Advertise Project 0 1/16/2008 1/16/2008
30 Advertisement Duration 24 1/21/2008 2/14/2008
31 Open Bids 0 2/14/2008 2/14/2008
32 M&C Circulation Process 9 2/15/2008 2/24/2008
33 Council Award 0 2/25/2008 2/25/2008
34 Execute Contract Documents 51 2/26/2008 4/17/2008
35 Pre-Construction Neighborhood Meeting 0 4/17/2008 4/17/2008
36 Pre-Construction Meeting 0 4/17/2008 4/17/2008
37 1 Project Construction 99 4/23/2008 7/31/2008
38 Water and Sewer Construction 42 4/23/2008 6/4/2008
39 jPaving and Drainage Construction 44 6/5/2008 7/19/2008
40 Final Inspection and Acceptance 6 7/25/2008 7/31/2008 y
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/21/2007 - Ord. No. 17714-08-2007
DATE: Tuesday, August 21, 2007
LOG NAME: 30LOWKRAUSS633 REFERENCE NO.: **C-22322
SUBJECT:
Authorize Execution of an Engineering Agreement with DeOtte, Inc., for the Lower Krauss-Baker
Channel Improvements (Project No. 00633); and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of $112,329.00 from the Storm Water Utility Fund to the Storm Water Capital
Projects Fund;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Storm Water Capital Projects Fund in the amount of$112,329.00; and
3. Authorize the City Manager to execute an engineering agreement with DeOtte, Inc., in the amount of
$101,379.00 for the Lower Krauss-Baker Channel Improvements.
DISCUSSION:
The Storm Water Management Program was established to reduce flooding in Fort Worth, preserve
streams, minimize water pollution and to operate the storm water system in a more effective manner to fully
comply with state and federal regulatory requirements. This will be accomplished by infrastructure
reconstruction and system maintenance, master planning, enhanced development review, and increased
public education and outreach.
The scope of this project consists of the preparation of plans and specifications for the necessary drainage
improvements to provide erosion protection and maintenance access for two tributaries to Edgecliff Branch
crossing Westcreek Drive and Jennie Street south of South Hills High School.
DeOtte, Inc., proposes to perform the necessary engineering services for a lump sum fee of $101,379.00.
City Staff considers this fee to be fair and reasonable for the scope of services proposed.
In addition to the contract amount, $10,950.00 is required for project management by the Engineering
Department.
M/WBE — DeOtte, Inc., is in compliance with the City's M/WBE Ordinance by committing to 23 percent
M/WBE participation. The City's goal on this project is 16 percent.
This project is located in COUNCIL DISTRICT 6, Mapsco 90W.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
Logname: 30LOWKRAUSS633 Page 1 of 2
attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of
the Storm Water Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
1&2)P228 472069 2062800633ZZ $112,329.00 1)PE69 538070 0209206 $.112,329.00
2)P228 531350 206280063310 $1,800.00 3)P228 531200 206280063331 $26,274.00
2)P228 531350 206280063320 $1,800.00 3)P228 531200 206280063332 $52,547.00
2)P228 531350 206280063331 $1,125.00 3)P228 531200 206280063333 $8,758.00
2)P228 531200 206280063331 $26,274.00 3)P228 531200 206280063351 $13,800.00
2)P228 531350 206280063332 $3,750.00
2)P228 531200 206280063332 $52,547.00
2)P228 531350 206280063333 $1,875.00
2)P228 531200 206280063333 $8,758.00
2)P228 531200 206280063351 $13,800.00
2)P228 531350 206280063360 $300.00
2)P228 533010 206280063381 $300.00
Submitted for City Manager's Office by_ Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: Dena Johnson (7866)
Logname: 30LOWKRAUSS633 Page 2 of 2
AMENDMENT NO. 1
STATE OF TEXAS S CITY SECRETARY CONTRACT NO.��-rAj
(No M&C Needed)
COUNTY OF TARRANT S
WHEREAS, the City of Fort Worth (City) and DeOtte, Inc.
(Engineer) made and entered into City Secretary Contract No.
35668, (the Contract) which was authorized by the City Council by
M&C C-22322 on the 21st day of August 2007; and
WHEREAS, the Contract involves engineering services for the
following project:
Storm Water Utility Project: Lower Krauss-Baker Channel
Improvements, Project No. 00633; DOE No. 5556
WHEREAS, it has become necessary to execute Amendment No. 1
to said Contract to include an increased scope of work and revised
maximum fee;
NOW THEREFORE, City and Engineer, acting herein by and
through their duly authorized representatives, enter into the
following agreement which amends the Contract:
1.
Article I of the Contract is amended to include the
additional engineering services specified in a proposal letter
dated December 16, 2008 , a copy of which is attached hereto and
incorporated herein. The cost to City for the additional services
to be performed by Engineer total $11, 960.00.
2 .
Article II of the Contract is amended to provide for an
increase in the maximum fee to be paid to Engineer for all work
and services performed under the Contract, as amended, so that the
total fee paid by the City for all work and services shall not
exceed the sum of $113,339.00.
TFL
RECOF
� � ORIGINAL
01 -20 09 A I : E1 IN
f
3.
All other provisions of the Contract which are not expressly amended
herein shall remain in full force and effect.
st 9
EXECUTED on this the day of , 2004L, in Fort Worth,
Tarrant County, Texas .
ATTEST:
Marty Hendrix =NORIJIRRDCity Secretary �..._,_�
APPROVAL RECOMMENDED: APPROVED:
Gr'ys�r,rrw...�4
Fernando Costa
William A. Verkest, P. . Assistant City Manager
Director, Transportation and
Public Works Department
DeOtte, Inc.
ENGINEER
By:
Name: Clayton T. Redinger, P.E.
Vice President
2553 East Loop 820 North
Fort Worth, Texas 76118
APPROVED AS FORM AND LEGALITY:
Assistan ity t, rney
C�`
DeOtte, Inc. CIVIL ENGINEERING
December 16, 2008
Mr. Michael Owen, P.E.; Project Manager
Department of Transportation/Public Works
City of Fort Worth
1000 Throckmorton
Fort Worth,Texas 76102-6311
Re: Amendment No. 1—Lower Krauss-Baker Channel Improvements
City Project No.00633
Dear Mr. Owen:
Please find the enclosed documentation for Amendment No. 1 for the Lower Krauss-Baker project.
The City of Fort Worth is pursuing a best value selection of qualified,contractors for the project. As part
of this effort, DeOtte, Inc.will perform offerer evaluations and report findings to the selection
committee. The following items will be included in the evaluation of the offerers:
• Detailed review of submitted offers
• Site visits of at least three sites provided by each offer
• Evaluation of references provided by each offer
• Report summarizing findings of each offer to selection committee
Additionally, the city has requested construction assistance for this project. Services for construction
assistance will include;
• Review of construction testing reports
• Weekly/Activity Appropriate site-visits to assess progress and quality of construction
• Monthly reports
Offerer Evaluations(2 @ $1,300 EA) $2,600.00
Construction Assistance (Approx.72 Hours) $9,360.00
The total amount for the amendment is calculated at$11,960.00.
Please call with any questions.
Sincerely,
DeOtte, Inc.
Clayton T. Re ger, P.E.
Fax(817)590-8600 2553 East Loop 820 North o Fort Worth,Texas 76118 (817)589-0000
EXHIBIT "B-3F"
(Amendment No. 1)
SUMMARY OF PROFESSIONAL SERVICES
OFFERER EVALUATIONS
Description Hours Rate/Hour Cost
Telephone Interviews 4 $130.00 $520.00
On-Site Evaluations 13 $130.00 $1,690.00
Final Report 3 $130.00 $390.00
Sub-Total: $2,600.00
CONSTRUCTION ASSISTANCE
Description Hours Rate/Hour Cost
City Meetings (inspection Staff) 4 $130.00 $520.00
On-Site Inspection 60 $130.00 $7,540.00
Reporting & Communication 8 $130.00 $1,040.00
Sub-Total: $9,360.00
TOTAL AMENDMENT FEE $11,960.00
B3 - 8