HomeMy WebLinkAboutContract 33471 ` CITY SECRETARY-' L
CITY OF FORT WORTH, TEXAS CONTRACT NO. 1
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and James
DeOtte Engineering, Inc., (the "ENGINEER"), for a PROJECT generally described as: Salt
Road from I.H. 20 Frontage Road to the South East Landfill.
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
CITY because of such suspension of services.
may.^o^,.
STANDARD ENGINEERING AGREEMENT(REV 10106/05) �� �( � �('. " )
Page 1 of 19 l'(�� +�r�� �� �J"J��o
05-02-06 P03 :58 IN ,� ^ .,�IIU �°
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.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
Page 2 of 19
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
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
Page 3 of 19
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.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
Page 4 of 19
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
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
Page 5 of 19
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: Employer's 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.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05) v;f�i;,v j s �:C;`✓ t
Page 6 of 19
�.� . Q L-;
(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 Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such exclusions
in writing.
(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.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
Page 7 of 19
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.
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
STANDARD ENGINEERING AGREEMENT10/06/05 REV
( ) L9
Page 8 of 18
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.
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
STANDARD ENGINEERING AGREEMENT REV 10/06/05
Page 9 of 19
lJ�iy �• .i\ I'J fuL UIQ`:I.Y
G�o
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
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
Page 10 of 19
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.
(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;
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
Page 11 of 19
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.
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.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
Page 12 of 19
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.
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 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 harmless CITY
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
Page 13 of 19
and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or
regulation, whether it be by itself or its employees.
Article 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 3rd day of , 2004',.
ATTEST: I F FOR ORTH
Marty Hendrix Marc - Oft
City Secretary Assist nt City Manager
APPROVAL RECOMMENDED
contract Authorization
A ouD glas Rademaker, P.E.
Date Director, Engineering Department
APPROV TO #MN GALITY
Assis nt City orn
James DeOtte Engineering Inc.
ATTEST: ENGINEER
B � ��*
Y•
Name�iames?E. DeOtte
Title: President
STANDARD ENGINEERING AGREEMENT(REV 10/06/05) :� ,,1ilk 5 b V D
Page 14 of 19
3vJU 6� u�liit:�IVL'7:�
J tle r, .:nn
a
ATTACHMENT "A"
SCOPE OF SERVICES FOR
Salt Road
Project No.P195 052195005002
Construction Management and Inspection Services
Engineer agrees to perform construction management services for the following
The Engineer will provide the following scope of services
A. Project Management and Administration Services
1. General Administration. Perform general administrative duties associated
with the project, including project progress monitoring, general
correspondence, office administration, and invoicing. These activities include
maintaining day-to-day contact and liaison with Owner, agencies, design
consultants, and project staff;ensuring that the needs of Owner are met in a
timely manner;providing project communications; monitoring work on the
Project; and ensuring that work is executed in accordance with the work plan,
within budget, and on schedule.
2. Project records. Maintain the necessary project records, reports, manuals,
calculations, and technical data. Maintain records of financial management
data, schedules,reports, and analyses of the project.
3. Briefings. Provide bi-weekly briefings with Owner and/or design engineers to
report on progress and status,and to discuss solutions to possible problems.
Briefings may be in the form of written or verbal communication.
4. Project Schedule. Prepare a consolidated construction schedule for the
contract, based on detailed schedules provided by contractor. The
consolidated project schedule will be tracked and monthly reports will be
presented to the Owner.
5. Project Costs. Prepare a construction cost report for contractor, based on
planned versus actual pay estimated submitted by each contractor. In
addition, the contractor's invoices and payments for MBE firms will be
tracked in accordance with the Owner's MBE program.
6. Construction Progress Meetings. Attend and conduct monthly progress
meetings with contractor during the construction period. Prepare meeting
agendas and distribute meeting minutes.
7. Shop Drawing Review. Review shop drawings submitted by contractor f or
compliance with the contract documents.
1
B. Onsite Construction Services
1. Resident Representatives. Engineer will furnish Resident Project
Representatives for a 194 working day continuous construction period. The
Resident Project Representatives will observe the Contractor's work
approximately 4 hours each working day during bridge construction and 2
hours each working day during other construction activity. The Resident
Project Representatives shall not have responsibility for the Contractor's
superintendence, safety, operation,equipment, or personnel. This service will
in no way relieve the Contractor of complete supervision and inspection of the
work or the Contractor's obligation for complete compliance with the
drawings, specifications and Site Safety Plan. Specific services performed by
the Resident Project Representative are as follows:
a. Site Observations and Liaison with Owner and Contractors.
(1) Conduct onsite observations of the general progress of the
work to assist design engineer and Owner in determining if the
work is proceeding in accordance with the construction
contract documents.
(2) Serve as Owner's liaison during construction,working
principally through the contractor's superintendent, and
providing interpretation of the construction contract
documents. Transmit design engineer's clarifications and
interpretations of the construction contract documents to the
Contractor when warranted.
(3) Serve as Owner's liaison with the Contractor when the
Contractor's operations affect Owner's onsite operation.
(4) As requested by Owner, assist in obtaining from design
engineer additional details or information when required at the
jobsite for proper execution of the work.
(5) Report to Owner and design engineer, giving opinions and
suggestions based on the Resident Project Representative's
observations regarding defects or deficiencies in the
Contractor's work and relating to compliance with drawings,
specifications,and design concepts.
(6) Advise design engineer and the Contractor or its superintendent
immediately of the commencement of any work requiring a
shop drawing or sample submission if the submission has not
been accepted by design engineer.
(7) Monitor changes of apparent integrity of the site(such as
possible differing subsurface and physical conditions,existing
structure,and site-related utilities when such utilities are
exposed)resulting from construction-related activities.
2
(8) Review the Contractor's construction sequence and traffic
control plans for construction work undertaken simultaneously.
(9) Verify that the Contractor has contacted utilities in the general
construction area and advised them of Contractor's schedule.
Assist in coordinating scheduling of utility activities to
minimize conflicts with other's activities.
(10) Visually inspect materials, equipment and supplies delivered
to the worksite. Reject materials, equipment, and supplied
which do not conform to the construction contract documents.
(11) Coordinate and provide onsite materials testing services during
construction. Copies of testing results will be forwarded to
Owner and design engineer for review and information.
(12) Observe field tests of equipment, structures, and piping, and
review the resulting reports,commenting to design engineer, as
appropriate.
b. Meetings, Reports, and Document Review and Maintenance.
(1) Attend the preconstruction conference, and assist design
engineer in explaining administrative procedures which will be
followed during construction.
(2) Schedule and attend monthly progress meetings, and other
meetings with Owner, design engineer and the Contractor
when necessary,to review and discuss construction procedures
and progress scheduling, safety, construction inspection and
quality control procedures, and other matters concerning the
projects.
(3) Submit to Owner, with a copy to design engineer,monthly
construction progress reports containing a summary of the
Contractor's progress, general condition of the work,problems,
and resolutions or proposed resolutions to problems.
(4) Review the progress schedule, schedule of shop drawings
submissions, and schedule of values prepared by the contractor,
and consult with design engineer concerning their
acceptability.
(5) Report to design engineer and Owner regarding work which is
known to be defective,or which fails any required inspections,
tests, or approvals, or has been damaged prior to final payment;
and advise design engineer and Owner whether the work
should be corrected or rejected, or should be uncovered vor
observation, or requires special testing, inspecti , oPappr9v*-, �.
(6) Review applications for payment with the Contractor for
compliance with the established procedures for their
submission, and forward them with recommendations to
Owner,noting particularly their relation to the schedule of
values,work completed, and materials and equipment
delivered at the site,but not incorporated into the work.
(7) Record date of receipt of shop drawings and samples. Receive
samples which are furnished at the site by the Contractor, and
notify design engineer of their availability for examination.
(8) During the course of the work, verify that specified certificates,
and other data required to be assembled and furnished by the
Contractor are applicable to the times actually installed; and
deliver this material to design engineer for his review and
forwarding to Owner prior to final acceptance of the work.
(9) Maintain a marked set of drawings and specifications at the
jobsite based on data provided by the Contractor. This
information along with information from the record documents
maintained by the Contractor, will be forwarded to the design
engineer.
(10) Review certificates of inspections,tests, and related approvals
submitted by the contractor as required by laws,rules,
regulations, ordinances, codes,orders,or the Contract
Documents (but only to verify that their content complies with
the requirements of, and the results certified indicate
compliance with,the construction contract documents). This
service is limited to a review of items submitted by the
Contractor and does not extend to a determination of whether
the Contractor has complied with all legal requirements.
(11) Maintain the following documents
a. Correspondence files.
b.Reports of jobsite conferences,meetings,and discussions
among the design engineer, Owner, and Contractor.
c. Submittals of shop drawing and samples.
d. Reproductions of original construction contract documents
e. Addenda.
f. Change orders.
g. Field orders
h. Additional drawings issued subsequent to execution of the
4
construction contract documents.
i. Progress reports and payments requests
j. Names, addresses, and telephone numbers of all contractors,
and major suppliers of materials and equipment.
(12) Maintain a daily diary of log book of events, including the
Following information:
a. Days the Contractor worked on the jobsite.
b. Contractor and subcontractor personnel on jobsite.
c. Construction equipment on the jobsite.
d. Observed delays and causes.
e. Weather conditions.
f. Data relative to claims for extras or deductions.
g. Daily activities.
h. Observations pertaining to the progress of the work.
i. Materials received on jobsite.
The original diary or log book shall remain the property of
the Engineer. A copy of the log book or diary shall be
provided to the City.
C. Assistance in Certification of Substantial Completion.
(1) Before design engineer issues a Certificate of Substantial
Completion, submit to the Contractor a list of items observed
to require completion or correction.
(2) Conduct final inspection in the company of Owner, design
engineer, and the Contractor, and prepare a final list of items to
be completed or corrected.
(3) Verify that all items on the final list have been completed or
corrected, and make recommendations to design engineer
concerning acceptance.
5
2. Outside QC Testing, Provide the following services through a subcontract:
a. Materials testing of materials used by the Contractor in construction of
the work. Copies of the testing results will be forwarded to the Owner,
design engineer and Contractor for review and information. Advise
the Owner, design engineer and Contractor or any deficiencies in the
Work revealed by the testing.
3. Construction Surveying. Provide horizontal and vertical control and lines and
grade as required by the contractor.
E. Supplemental Services
1. Any work requested by Owner that is not included in one of the items listed in any
other phase will be classified as supplemental services.
2. Supplemental services shall include,but are not limited to:
a. Providing Resident Project Representatives for more than the calendar or 194
working day construction period that is currently anticipated.
b. Meetings held at a place outside the Dallas/Fort Worth metroplex with local,
State,or Federal agencies to discuss the project.
c. Special consultants or independent professional associates requested or
authorized by Owner.
d. Preparation for litigation,or other legal or administrative proceedings; and
appearances in court in connection with bid protests, change order, or
construction incidents.
e. Provision,through a subcontract, of the services of a surveying company to
verify that the horizontal alignment of the pipelines is within the permanent
easements and that the pipeline grades for the gravity sewers are within design
tolerances.
f. Services resulting from significant delays,changes, or price increases
caused directly or indirectly by shortages of materials, equipment, or
energy.
g. Additional or extended services during construction made necessary by
(1)work damaged by fire or other cause during construction, (2) a
Significant amount of defective or neglected work by any Contractor,
(3)acceleration of the progress schedule involving service beyond normal
working hours(4)default by any Contractor, and(5)failure of the
Contractor to complete the work within the construction contract time.
h. Evaluation of unusually complex or unreasonably numerous claims -submitted by Contractor or others in connection with the work above
6
amount budgeted.
�? "DI,
'U KPn
J� r I, Line
ATTACHMENT "B"
COMPENSATION AND SCHEDULE
Salt Road (from existing Southeast Landfill to I.H. 20)
D.O.E. No.4015
I. Compensation
A. The Engineer shall be compensated a total lump sum fee of $397,980.00 as
summarized in Exhibit "B-3" 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
Services shall be provided for the duration of construction.
A. Construction — 194 working days.
Attachment B Compensation 12 Mar 066
B - 1
EXHIBIT "B-1"
METHOD OF PAYMENT
James DeOtte Engineering, Inc.
6707 Brentwood Stair Road,Suite 520
Fort Worth,TX 76112
Tel:(817)446-6877 Fax:(817)930-0445
City of Fort Worth JDEI Project N/A
Salt Road JDEI File 2004102
March 10, 2006
Subject: Proposal for Construction Management Services
Dear Ms. Johnson:
We appreciate the opportunity to submit this proposal to provide construction management,
inspection, and surveying services for the Salt Road. Mr. Jim DeOtte P.E,will serve as the
construction manager and Mr. Ybarra, P.E. will provide field inspection services. The
construction period is for 194 working days.
Our fee basis is as follows:
Const. management: 480 hours @ $100/hour $ 48,000.00*
Field Inspection: 760 hrs@ $75/hr. $ 57,000.00*
Truck Mileage, Maintenance, Fuel & other expenses $ 0.00
CMJ Engineering: Testing $113,888.00*
Construction Surveying $147,280.00*
Project Secretarial Support, reproduction, filing, etc $ 0.00
10%for sub-consultant administration $ 31,812.00
TOTAL $397,980.00
* Indicates break down attached
CMJ Engineering, Inc. will provide testing services and Gorrondona and Associates, Inc.
will provide project survey support. Gilbert Ybarra and Gorrondona will serve as M/WBE
subconsultant to JDEI. This will result in 51.3%M/WBE participation, exceeding the goal for
this contract. Thank you for your consideration of this proposal and if there is any additional
information or questions,please feel free to contact us.
Sincerely,
J4jrles DeOtte Engineering, Inc.
Z' F "
Jame DeOtte, P.E., R.P.L.S.
esi nt
Attachment B Compensation 12 Mar 066
EXHIBIT "13-1"
METHOD OF PAYMENT
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.
11. 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 construction that the construction cost of
$ 4,476,785.07 (as outlined in the executed contract) is increased cost, 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.
Attachment B Compensation 12 Mar 066
131 - 2
t dll� GL'o
EXHIBIT "B-2"
HOURLY RATE SCHEDULE
(SUPPLEMENT TO ATTACHMENT "B")
Salt Road (from existing Southeast Landfill to I.H. 20)
D.O.E. No.4015
2004 Standard Hourly Rate Schedule
Employee Classification Rate/Hour(Range)
Principal Engineer $110/ hour
Project Manager/ Planner $90/ hour
R.P.L.S. $75/ hour
R.P.L.S. (Principal) $100/ hour
Design Engineer $65-$80/ hour
Designer/CAD Operator $65-$85/ hour
Survey Technician $65 / hour
Clerical $40/ hour
Survey Crew $140/ hour
Reproduction work will be at current commercial rate. Subcontractors will be paid for at actual
invoice cost plus.
Attachment B Compensation 12 Mar 066 .
132 - 1
.t
EXHIBIT "B-3A"
(Supplement to Attachment B)
SUMMARY OF TOTAL PROJECT FEES
Salt Road (from existing Southeast Landfill to I.H. 20)
D.O.E.No.4015
Consulting Firm Prime Responsibility Amount %
Prime Consultant:
James DeOtte Construction Mgmt. $79,812.00 20.1%
Engineering, Inc.
Proposed M/WBE
Sub-Consultants Amount 24.9%
Gorrondona &Assoc Surveying Services $147,280.00 37.0%
C.R.I.S. & Assoc. Inspection Services $ 57,000.00 14.3%
Non-M/WBE
Consultants:
CMJ Engineering, Testing Services $113,888.00 28.6%
Inc.
Project Description Scope of Services Total Fee MWBE Fee Percent
Construction Services Paving, Utilities, Bridge $ 397,980.00 $ 204,280.00 51.3%
Attachment B Compensation 12 Mar 066
B3 - 1
EXHIBIT 6613-313"
(Supplement to Attachment B)
CONSTRUCTION SERVICES FEE SUMMARY
Salt Road (from existing Southeast Landfill to I.H. 20)
D.O.E.No.4015
Inspection Summary
16 December through 23 January 40 hrs @ $ 75.00/hr = $ 3,000.00
(2 hrs/day)
24 January through 25 August 640 hrs @ $ 75.00/hr =$ 48,000.00
(4 hrs/day)
26 August through 31 October 80 hrs @ $ 75.00/hr =$ 6,000.00
(2 hrs/day)
Sub-total Inspection =$ 57,000.00
Construction Management Summary
Weekly meetings,coordination to include:
Review and process shop drawings
Review and distribute lab results
Coordinate structural engineer visits, testing lab schedule, and survey schedule
Organize, coordinate and run preconstruction meeting
6 hrs/week @ 44 weeks @ $100.00/hr =$ 26,400.00
Process change orders
5 @ 8 hrs/order @ $100.00/hr =$ 4,000.00
Process Bi-monthly pay request and progress report to City
22 @ 4 hrs @ $100.00/hr =$ 8,800.00
Process Requests for Information
10 @ 4 hrs/ea @ $100.00/hr =$ 4,000.00
Final Inspection—Punch list
24 hrs @ $100.00/hr =$ 2,400.00
Final Inspection&Associated Paper work
24 hrs @ $100.00/hr =$ 2,400.00
Sub-total Construction Management =$ 48,000.00
Attachment B Compensation 12 Mar 066 _ ..._.
133—2
EXHIBIT "13-36"
(Supplement to Attachment B)
SUMMARY OF TOTAL FEE AND BREAKDOWN OF DESIGN FEE (LESS SURVEY FEE)
Salt Road (from existing Southeast Landfill to I.H. 20)
D.O.E.No.4015
A. SUMMARY OF TOTAL FEE
Service Description Total
Construction and $ 135,712.00
Inspection Services
Testing Services $ 113,888.00
Surveying Services $ 147,280.00
Total $ 397,980.00
Attachment B Compensation 12 Mar 066
B3-3
EXHIBIT "B-3C"
(Supplement to Attachment B)
FEES FOR SURVEYING SERVICES
Salt Road (from existing Southeast Landfill to I.H. 20)
D.O.E.No.4015
Surveying Services:
1. Verify existing horizontal and vertical control 20 hours
2. Establish secondary control network 40 hours
3. Set clearing limit stakes 40 hours
4. Set construction easement limits 40 hours
5. Set slope easement limits 40 hours
6. Stakes for pad (170,000 cy)
a. Rough grades and limits 24 hours
b. Intermediate stakes 16 hours
c. Final stakes 0 hours
d. Pad verification 24 hours
7. Roadway cuts for open graded stone
a. rough stakes 16 hours
b. intermediate stakes 0 hours
c. Final Stakes 24 hours
d. sub-drain 22001f 16 hours
8. Channel staking
a. Channel#1 5001f
rough 8 hours
final 8 hours
b. Channel#2 10801f
rough 8 hours
final 8 hours
c. Channel #3 1040 if
rough 8 hours
final 8 hours
d. Channel #4 2001f
rough 8 hours
Attachment B Compensation 12 Mar 066
B3-4
EXHIBIT 6&B-3C"
(Supplement to Attachment B)
final 8 hours
e. Channel #5 6601f
rough 8 hours
final 8 hours
f. Detention pond 36,800 sf
rough 8 hours
final 8 hours
9. Earthwork
a. Roadway
1. Rough cuts 24 hours
2. Verification 8 hours
3. Final staking 24 hours
4. Verification 8 hours
b. Slopes
1. Tree pile relocation 1200'x140' 16 hours
2. Slope 1 200'x100' 16 hours
3. Slopes 2/3 100'x260' + 100'x360' 16 hours
10. Retaining walls(3) 24 hours
11. Storm Drain
200' 54"pipe 4 hours
2 - 54"headwalls 0 hours
100' 42"pipe 4 hours
600' 36"pipe 4 hours
1 - 36"headwall 0 hours
1 -42"headwall 0 hours
6 inlets 16 hours
125' 21" laterals 16 hours
140' 36"pipe 4 hours
1 - 36"headwall 0 hours
12. Utilities
1301f 10"DIP sewer 8 hours
4 each Std Manholes 8 hours
151 if 6"waterline 8 hours
2 each gate valves 0 hours
13. Street lights and conduit
2001f 2"conduit and 2 street lights 4 hours
3 —6"conduits @ 5 locations 8 hours
Attachment B Compensation 12 Mar 066
B3-5
EXHIBIT "B-3C"
(Supplement to Attachment B)
14. Fence 4,2001f plus gate 24 hours
15. Erosion control—silt fencing 10,0001f 40 hours
16. Mitigation Area stake limits 16 hours
17. Bridge
a. Piers w/offsets 40 total piers 160 hours
b. Vertical control and setting bench marks 40 hours
c. 2 abutments w/vertical control and bench marks 16 hours
d. Verify pier locations 40 hours
e. Bent forms (verify elevations) 40 hours
f. Abutment forms(verify location and elevation) 16 hours
g. Bents (verify elevation) 40 hours
h. Approach slab—stake and verify 4 hours
Total Hours 1052 hours at $140.00= $147,280.00
Attachment B Compensation 12 Mar 066
B3-6
EXHIBIT "B-3D"
(Supplement to Attachment B)
ADDITIONAL SERVICES
Salt Road (from existing Southeast Landfill to I.H. 20)
D.O.E.No.4015
Additional Services: NONE
Attachment B Compensation 12 Mar 066
133- 7
EXHIBIT "B-3E"
(Supplement to Attachment B)
FEE FOR REPRODUCTION SERVICES
Salt Road (from existing Southeast Landfill to I.H. 20)
D.O.E.No.4015
Printing & Reproduction: NONE
Attachment B Compensation 12 Mar 066
B3- 8
ATTACHMENT C
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT AND ATTACHMENT A
Salt Road (from existing Southeast Landfill to I.H. 20)
Project No. P195 052 195005002
Changes and amendments to Standard Agreement and Attachment A include:
NONE
Attachment Cplo
!
'0
o a
. a y
c _ c c ul0
Wac) v`) 0. Coro
1 �
� m
d
l
C5.2
0
0
+ x
U)
c W
O
U
5
'o
a
� o `coo `r- cn$ 000000000 `o° `co5 55oo `c� `c�
r N N N
M a M A M iq
0 0 C N P P 03 01 Ql O O O
0 0 0 0 0 0 O O 0 0 0 0
�p b tp tp to t0 to to to to to tD t0 to to to to to
O O O O O O O O O O O O O O O O O O O O O O O
r a M co
o � 00000 000 000000000 .- �
O O iq O O 01 ip M � 00 � 00 O O O to to O iq d' O 00 O
N N N N r r r
C
m
W oQo0
Uoo, � oc c
� cti i+i ui
LU
O0 V
W N = NM_ ON N
H D z � m Q Y c� 000Q m
W 0 O 2 W LLa co 3 z J — >
Y a Q J m S z z N (D J J N 41 E
z5CL U) (L C7zOza °� m `° m °' � a
ma s W z a � v co cc
aaaxF xa � r- a mQg xCL yxx c 'D 'a `
:E 2 x P a J it m W W a W ,I m g Q U 0 U 0 o m y m c rn
W C7 m W CO 'Z LL x Q Q m x x m co Q a J H co 0 U c o o ts
CO LL 0 M n.
4
A t {
2,
IPA 5 2 P F}A+yu\.12 7 20 66D24
..✓✓ /� 18 `
V10-
n
W' ,°
lo
8
21 it20 7
9 " 21 9. 6 7 .•� 6.10
14 0
�( „ I 20
F"" € TRACT F2A �"' •` 23 n"t me
T ?.M AC �a, 12 18
1 24tRACT Tt
TRACT t"Rw 57 ......r 16 `X. 12
co;,
E2A EIA
4: 25 y a 1 � 17 13 •4./ ! 9A
L75 AC 20t
m14 2 14e
b
TRACE �1 27 .�� Li 14A
TRACT
E28 3.a AC ; 1 28 TA _ 342
t �--
• I 26 n 5 O. 10 4 .
19 30
I 10 E 3 /
31 .---- - 7
I 4 S 8 8A 2
7 i I
32
I �iW
6A , cy o
GlEtdd CT ns
34
�Ir PK GR
% a 14 n tz n m9 A - to 3 7 5 B L K 5 0
F
MA I
A - 1 3 7 5 B I -�� 1 39 4j
38
56 r .
43 PROPOM 37
TR 43A21
SALT ROM
i �F -/-
t011
TR 43A2
5.23. 1j•, , , //
1151 AC TR 56A1
i87 AC
2.
.._.. TR 56A S, GpQ�Ry Wl D
TR 43A6249 AC -.1� �B`{ Av l37 5 ii 3
GAM Ac TR Sz -. .
eo E / 8
8-125 AC i37
D
TR 431 3
035 .
_ 0. AC I __ 38 �/ 8
- - ` TRS`
't.3248 A a k.4i 14 Q PK
i TR 56D ! 5C
43 -0.325 Acy)y% tt, ..,. - r ' 5D G \
TR 43 /.i .•r'` ,` - -SAA - '1 3 f. 5 J• 64 4A2
A 4s,oe1'3 7 5 BTR Li>J 4 3 � � � 36 V4<<fr
2S5 AC - a
7
56 ��•
_ I 10.482 AC -.•,, ''••••, _
aTY OF FORT WORTH
�V
TR 43K t j�,I rLL STE
COUNaL DiSTMCT #S— ATTACHMEW'EP
MAPSCO REF. 93 X AND 93 Y SALT ROAD
aN OF
^7
Plrr (81 1. 'L
9Y T6:
SCALE m 4OO• OM.M AS 9plw
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/25/2006
DATE: Tuesday, April 25, 2006
LOG NAME: 30FRONTAGE-DE REFERENCE NO.: **C-21416
SUBJECT:
Authorize Execution of a Construction Services Agreement with James DeOtte Engineering, Inc., for
Salt Road from I.H. 20 Frontage Road to the South East Landfill
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Construction
Services Agreement with James DeOtte Engineering, Inc., in the amount of $397,980.00 for construction
management services for Salt Road from I.H. 20 Frontage Road to the South East Landfill.
DISCUSSION:
On November 15, 2005, (M&C C-21158) the City Council authorized the execution of a contract with
Concho Construction Company, Inc., in the amount of $4,476,785.07 for Salt Road from I.H. 20 Frontage
Road to the South East Landfill. The project consists primarily of roadway, bridge and storm drain
construction.
Due to the complexity of the bridge construction, staff recommends that James DeOtte Engineering, Inc., be
engaged to provide construction management, staking, inspection and material testing services during
construction of the project.
James DeOtte Engineering, Inc., proposes to perform the identified services for a lump sum fee of
$397,980.00. City staff considers this fee to be fair and reasonable for the scope of services proposed.
James DeOtte Engineering, Inc., is in compliance with the City's M/WBE Ordinance by committing to 51%
M/WBE participation on this project.
The project is located in COUNCIL DISTRICT 8, Mapsco 93X and Y.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Solid Waste Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
P195 541200 052195005002 $397,980.00
Submitted for City Manager's Office by: Libby Watson (6183)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: A. Douglas Rademake ;
V-0
7 Ue .,:J l.Ui6 �S�Cn
Logname: 30FRONTAGE-DE � Page 1 of 2