HomeMy WebLinkAboutContract 35239-,,.�.�1, �,�r�ETA�I�
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CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is befinreen the City of Fort Worth (the "CITY"), and DeOtte, Inc.,
(the "ENGINEER"), for a PROJECT generally described as: Storm Water Utility Project —
Flaxseed Drainage 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:
Invoice and Payment
The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
The ENGINEER will issue monthly invoices for all work perFormed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
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 b f h f
ecause o suc suspension o services. � -- - - - -- = -
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STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 1 of 20
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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 20
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 e�ent 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)
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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.
STANDARD ENGINEERING AGREEMENT (REV 10/06/OS)
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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.
(1)
ENGINEER's Insurance
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/OS)
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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: 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)
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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.
(� 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 Liabilitv 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.
(I) 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/OS)
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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.
STANDARD ENGINEERING AGREEMENT (REV 10/06/OS)
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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.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
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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 Bene�ciaries
(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.
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
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 10 of 2D
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.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
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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 IiabJe) is a cause of
such damage or injury, the loss, cost, or expense shall be shared
befinreen 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.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
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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 inediation 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 vz z
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 day of I , 200'�
ATTEST:
Marty Hendri -- • -
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City Secretary � _ �IC1�1�������:���������
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ED AS TO F(��M AN�-LEGALITY
i / ,,��,� ,� _"_
�A � ,�i iiL���il
Assistant
ATTEST:
STANDARD ENGINEERING AGREEMENT (REV 10/06/OS)
Page 15 of 20
CITY OF FORT WORTH
By: �l t�
Marc A. Ott
Assistant City Manager
APPROVAL RECOMMENDED
A. Douglas Rademaker, P.E.
Director, Engineering Department
DeOtte, Inc.
ENGINEER
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TITLE: President
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ATTACHMENT "A"
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"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. "
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1)
2)
3)
4)
5)
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.
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.
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 ma
holes or pits, the Engineer shall in coordination with the City
engineering consultant, draw up specifications for such testin
borings or excavations shall be paid for by the City.
Agreements and Permits
ke borings or excavate test
and the City's geotechnical
g program. The cost of the
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.
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
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
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 16 of 20
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6) Plan Submittai
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 17 of 20
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 18 of 20
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 19 of 20
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 10/06/05)
Page 20 of 20
EXHIBIT "A-1"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
DESIGN SERVICES: STORM WATER UTILITY IMPROVEMENTS (FLAXSEED DRAINAGE
IMPROVEMENTS)
The following is a clarification of the tasks that the ENGINEER will perForm under ATTACHMENT
"A". Work under this attachment includes engineering services for STORM WATER
IMPROVEMENTS for the following:
CITY PROJECT NO. 00701
Approximately 12 curb inlets, 275 LF of storm drain pipe and associated work.
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, four (3) 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).
One (1) review meeting at completion of the City's review of the conceptual
engineering plans.
One (1) public meeting after completion of design and prior to construction.
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
Exhibit A-1 Page 9
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, 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. Monthly Progress Report and Neighborhood Newsletter
a. The ENGINEER shall submit a progress schedule after the design contract is fully
executed. The schedule shall be updated and submitted to the CITY along with
monthly progress report as required under Attachment B of the contract.
b. ENGINEER will prepare a quarterly newsletter detailing the status of the project for
distribution to the affected Neighborhood Association. The newsletter will be reviewed
and approved by the City prior to distribution.
PART B- CONSTRUCTION PLANS AND SPECIFICATIONS
1. Conceptual Engineering
Surveys for Design
a. ENGINEER will perform field surveys to collect horizontal and vertical
elevations and other information which will be needed for use by the
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
Exhibit A-1 Page 2
elevations, location and buried utilities, structures, and other features
relevant to the final plan sheets. For sewer lines located in alleys or
backyards, ENGINEER will obtain the following:
Obtain permission for surveying through private property.
Locate horizontal of utility lines from available information. Where
needed, utilities may be exposed by the City and tied by ENGINEER
to determine certain specific vertical locations of underground
utilities. Tie improvements, trees, fences, walls, etc., horizontally
along the street right-of-way in an approximately 60' wide strip. In
addition, locate all front house and building corners.
Profile existing water and/or sewer line centerline if requested by the
City.
Compile base plan from field survey data at 1"-40' scale horizontal
and 1'=4' vertically (if a profile is required).
When conducting design survey at any location on the project, the
consultant or its sub-consultant shall carry readily visible information
identifying the name of the company and the company
representative. All company vehicles shall also be readily identified.
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 CITY 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, 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 information to be provided in the plans shall include
Exhibit A-1 Page 3
the following:
1. A Project Control Sheet, showing ALL Control Points, used
or set while gathering data. Generally on a scale of not less
thar 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.
c. Descriptive Location (�x. 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 control points, 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 and PersonnelNehicle Identification
Exhibit A-1
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.
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When conducting site visits to the project location, the consultant or
any of its sub-consultants shall carry readily visible information
identifying the name of the company and the company
representative. All company vehicles shall also be readily
identifiable.
iii. Conceptual Engineering Plan Submittal
a. Conceptual plans shall be submitted to City 60 days after
Notice to Proceed Letter is issued.
b. The ENGINEER shall perForm conceptual design of the
proposed improvements and furnish four (4) copies of the
concept engineering plans which includes layouts,
preliminary right-of-way needs and cost estimates for the
ENGINEER's recommended plan. ENGINEER shall perform
remaining field surveys required for final design of selected
route(s). 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. All design shall be in
conformance with Fort Worth Water Department policy and
procedure for processing water and sewer design.
ENGINEER shall review the City's water and sewer master
plan and provide a summary of findings pertaining to the
proposed project.
2. Preliminary Engineering
Upon approval of Part B, Section 1.iv, ENGINEER will prepare preliminary
construction plans as follows:
a. Overall water and/or sanitary sewer layout sheets and an
overall easement layout sheet(s).
b. Preliminary project plans and profile sheets which show the
following: Proposed water and/or sanitary sewer plan/profile
and recommended pipe size, fire hydrants, water service
lines and meter boxes, gate valves, isolation valves and all
pertinent information needed to construct the project. Legal
Exhibit A-1 Page 5
description (Lot Nos., Block Nos., and Addition Names)
along with property ownership shall be provided on the plan
view.
c. For sewer lines, pipelines schedule for point repairs,
rehabilitation and replacement will be located on the base
sheets prepared from survey information gathered under
Part B, Section 2. Conflicts shall be resolved where
pipelines are to be rehabilitated on the same line segment.
Base sheets shall reference affected or adjacent streets.
Where open-cut construction is anticipated, below and
above ground utilities will be located and shown on the base
sheets.
d. Existing utilities and utility easements will be shown on the
plan and profile sheets. ENGINEER will coordinate with
utility companies and the City of Fort Worth to determine if
any future improvements are planned that may impact the
project.
e. The ENGINEER shall make provisions for reconnecting all
water and/or wastewater service lines which connect
directly to any main being replaced, including replacement
of existing service lines within City right-of-way or utility
easement. When the existing alignment of a water and
sanitary sewer main or lateral is changed, provisions will
be made in the final plans and/or specifications by the
ENGINEER to relocate all service lines which are
connected to the existing main and connect said service
lines to the relocafed main.
f. The ENGINEER will prepare standard and special detail
sheets for water line installation and sewer rehabilitation or
replacement that are not already included in the D-Section
of the City's specifications. These may include connection
details between various parts of the project, tunneling
details, boring and jacking details, waterline relocations,
details unique to the construction of the project, trenchless
details, and special service lateral reconnections.
Exhibit A-1 Page 6
g. Right-of-Way Research
The ENGINEER wili conduct preliminary research for
availability of existing easements �nrhere 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.
h. 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 for Acquisition of Property".
Utility Clearance Phase
The ENGINEER will consult with the City's 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.
j. Preliminary Construction Plan Submittal
i. Preliminary plans and specifications shall be
submitted to City 45 after approval of Part B, Section
1.iii.
ii. The ENGINEER shall deliver finro (2) sets of
preliminary construction plans and two (2) sets of
Exhibit A-1 Page 7
specifications and contract documents to CITY for
review. Generally, plan sheets shall be organized as
#oliows:
Cover Sheet
Easement layout (if applicable)
Plan & Profile Sheets
Standard Construction Details
Special Details (If applicable)
iii. The ENGINEER 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.
k. Review Meetings with City
The ENGINEER shall meet with CITY to discuss review
comments for preliminary submittal. The CITY shall direct the
ENGINEER in writing to proceed with Final Design for Final
Review.
I. Public Meeting
After the preliminary plans have been reviewed and approved
by the City, ENGINEER shall prepare exhibits along with an
invitation letter and attend public meeting to help explain the
proposed project to residents. The CITY shall mail the invitation
letters.
3. Final Engineering Plan Submittal
a. Final Construction Documents shall be submitted to CITY 30 days after
approval of Part B, Section 2.j.
Following CITY approval of the recommended improvements, the
ENGINEER shall prepare final plans, specifications and contract
documents and provide them to the CITY (each sheet shall be stamped,
dated, and signed by the ENGINEER) and submit two (2) sets of plans and
Exhibit A-9 Page 8
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.
PART C - PRE-CONSTRUCTION ASSISTANCE
Administration
a. Deliver Bid Documents
The ENGINEER will make available for bidding, upon request by the CITY, up to
forty (40) 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 delivered in electronic format.
b. Bidding Assistance
The ENGINEER shall assist the CITY during phase including preparation and
delivery of addenda to plan holders and responses to questions submitted to the
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 submit four (4) copies of the bid tabulatior�.
c. Assistance During Construction
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.
Exhibit A-1 Page 9
ATTACHMENT B
COMPENSATION AND SCHEDULE
FLAXSEED DRAINAGE IlVLPROVEMENTS (CITY PROJECT NO. 00701, DOE. 5616)
I. COMPENSATION
A. The ENGINEER shall be compensated at a lump sum fee of $23,607.00 for Basic Services as
suininarized on Exhibit `B-3." Payment of the fee shall be considered full compensation for
the services described in E�ibit "A-1" for all labor, materials, supplies, and equipment
necessary to complete the project.
B. Partial payment shall be made monthly as stipulated on E�ibit B-1 upon receipt of an invoice
from the ENGINEER, prepared from the books and records of the ENGINEER. Each invoice
is to be verified as to its accuracy and compliance with the teims of this contract by an officer
of the ENGINEER. Payment according to statements will be subject to certification by the
Director of Engineering Departtnent or his authorized representative that such work has been
performed.
II. SCHEDULE
A. The Design Phase shall have a schedule as follows:
PartA— Pre-engineering shall be completed 15 days after City approval of Notice to
Proceed.
Pa.rt B— Concept plans sha11 be completed 30 days after receipt of approved survey.
Preliminary plans, specifications, and contract documents shall be completed
60 days after City approval of concept plans. Final plans, specifications,
contract documents and cost estimate will be competed 30 days after approval
of Preliminary Plans.
Part C— Bidding and award will be completed an estimated 60 days after the City's
approval of Final Design plans, specifications and contract documents.
Attachment B, Page 1
EXHIBIT `B-1"
(SUPPLEMENT TO ATTACHMENT "B")
METHOD OF PAYMENT
DESIGN OF FLAXSEED DRAINAGE IlVIPROVEMENTS (CITY PROJECT NO. 00701, DOE. 5616)
I. METHOD OF FAYMENTS
The Engineer shall be paid in monthly partial payments as outlined below:
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The ENGINEER shall be paid in monthly payments upon the receipt of individual
invoices for each partial payment request from the ENGINEER.
Partial payments shall not exceed the equivalent of 30% of the total lump sum fee, until
City approval of ExhibitA-1, Part B, Section 1.
Partial payments shall not exceed the equivalent to 60% of the total lump sum fee, until
City approval of E�ibit A-1, Part B, Section 2.
Partial payments shall not exceed the equivalent to 90% of the total lump sum fee, until
City approval of ExhibitA-1, Part B, Section 3.
The balance of the fee shall be payable after completion by the ENGINEER of Exhibit
A-1, Part C.
II. PROGRESS REPORT
A. The ENGINEER shall submit to the designated representative of Director of Department of
Engineering monthly progress reports covering all phases of design by the 15�' of every
month in the format required by the City.
Note: If the ENGINEER determines in the course of making drawings
construction cost estimate of $168,565 (as estimated in E�ibit
whether by change in the scope of the project, increased cost
ENGINEER shall immediately report such fact to the CITY's �
Department shall suspend all work hereunder.
E�chibit B-1, Page 1
P:�200611400�Docs\Contract�Attachment B E�chibit B-1 (21.doc
and specifications that the
"B-4") will be exceeded,
� or other conditions, the
irector of the Engineering
EXHIBIT B-2
(SUPPLEMENT TO ATTACHMENT B)
HOURLY RATE SCHEDULE
FLAXSEED DRAINAGE IMPROVEMENTS
(CITY PROJECT NO. 00701, DOE. 5616)
Empiovee Classification Rate/Hour (Ranqe)
Principal Engineer
Project Manager / Planner
Design Engineer (PE)
Design Engineer (EIT)
Designer / CAD Operator
Clerical
Mileage
Reimbursable
Reproduction work will be at current commercial rates.
Subcontractors will be paid for at actual invoice cost plus ten percent (10%).
$130-$200 / hour
$100-$130 / hour
$70-$100 / hour
$65-$85 / hour
$70-$95 / hour
$45 / hour
$0.45 per mile
Cost plus 10%
Exhibit B-2 Page 1
EXHIBIT B-3A
(SUPPLEMENT TO ATTFICHMENT B)
DESIGN FEE COST SUMMARY
FLAXSEED DRAINAGE IMPROVEMENTS
(CITY PROJECT NO. 00701, DOE. 5616)
Phase Scope of Services Fee M/WBE %
I— Design Services Storm Water Imps. $23,607 N/A N/A
Exhibit B-3A Page 9
EXHIBIT B-3B
(SUPPLEMENT TO ATTACHMENT "B")
SUMMARY OF DESIGN FEE
FLAXSEED DRAINAGE IMPROVEMENTS
(CITY PROJECT NO. 00701, DOE NO. 5616)
March 27, 2007
Ms. Dena Johnson, P.E.
Manager, Consultant Services Division
Department of Engineering
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Re: DRAINAGE IMPROVEMENTS AT FLAXSEED LANE
CITY PROJECT NO. 00701
Dear Ms. Johnson:
Please find included herein a proposal, fee schedule, construction cost estimate, schedule and
Exhibits describing the scope of work for the above referenced project.
We propose to complete the proposed work in accordance with the following fee schedule.
Basic Services (based on Curve A as defined in "A Man�al of Practice for Engaging the
Services of a Consulting Engineer", 1982 by the T.S.P.E):
Estimated construction cost =
Percentage based on Curve "A" _
Percentage of Curve "A" _
Basic Services Design Fee (Less 15%) _
Special Services:
Design Surveys =
Total Special Services Fee =
$168, 565.00
10.60%
85.00%
$15,187.00
$2,500.00
$2,500.00
Exhibit B-36 Page 1
Ms. Dena Johnson, P.E.
March 27, 2007
Page 2 of 2
HOURLY WORK Total
Estimated Man hours Cost
PROJECT Estimate
TASK DESCRIPTION PRINCIPAL MANAGER ENGINEER CLERICAL �
Construction Services
A. Pre-Construction
1. Bid Opening & Review 2 �22�
Bids for Accuracy
2. Compile Bid Tab 2 2 $300
3. Pre-Construction Meeting 2 �22�
SUB-TOTAL $740
B. Post Construction
1. Final Field Inspection 2 �22�
2. Prepare as-built record 2 4 $500
drawings.
SUB-TOTAL $720
TOTAL $1,460
Reproduction:
16 Sets of Preliminary Plans = $560.00
(uti►ity clearance)
44 Sets of Construction Plans = $1,540.00
44 Sets of Specifications = $2,000.00
20 Mylars = $360.00
Total Reproduction-= $4,460.00
**20 Drawings anticipated in this estimate.
TOTAL LUMP SUM
Please call me if you have any questions.
Sincerely,
DeOtte, Inc.
Richard W. DeOtte, P.E.
$23,60�.00
Exhibit B-3B Page 2
EXHIBIT B-3C
(SUPPLEMENT TO ATTACHMENT "B")
PROFESSIONAL SERVICES FEE SUMMARY
FLAXSEED DRAINAGE IMPROVEMENTS
CITY PROJECT NO. 00701
A. SUMMARY OF TOTAL FEE
Engineering Services
Additional Engineering Services
Engineering Subtotal
Surveying Subtotal
PROJECT TOTAL
Fee
$19, 647.00
$1,460.00
$21,107.00
$2,500.00
$23,607.00
B. BREAKDOWN OF ENGINEERING FEE (LESS SURVEY FEE
1. Total Fee (less survev fee) Breakdown by Draft, Preliminary and Final Report
a. Draft (30%) _ (Engineering Subtotal) X (0.3) _ $6,332.00
b. Preliminary (60%) _ (Engineering Subtotal) X (0.6) _ $12,644.00
c. Final (100%) _ (Engineering Subtotal) X (1.0) _ $2,111.00
$21,107.00
Exhibit B-3C Page 1
PROJECT DESCRIPTI
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
CONCEPTUAL
PRELIMINARY
FINAL
EXHIBIT B-4
ENGINEER'S ESTIMATE
DR.4/NAGE IMPROVEMENTS
Drainage Improvements at Flaxseed Lane
DESCRIPTION
Project Sign
Traffic Control
Miscellaneous Utility Adjustment
Remove Existing Curb and Gutter
Topsoil (behind curb)
Standard 20' Curb Inlet
Standard 15' Curb Inlet
Trench Excavation and Backfill for Storm Drain
Install 21" RCP (Type III)
Install 24" RCP (Type III)
Connect to Existing Storm Drain
Trench Safety System for Trench Depth 5' and
Greater as directed by Engineer
Min. 2-inch Hot Mix on 8-inch Non-Reinforced
Concrete Base Permanent Pavement Repair
Class E(1500#) Concrete for misc placement
Class B(2500#) Concrete for misc placement
Crushed Limestone as directed by Engineer
3/4-inch Tap, Saddle, Stop & Fittings for 3/4-inch
Water Service Tap to Main
Install 3/4-inch Copper Service from Main to Meter
Relocate Existing Water Meter and Meter Box
SUBTOTAL Base Bid
10% Contingency
0% testing and inspection
Land Acquisition
Total Estimated Cost
PREPARED BY:
REVIEWED & APP
EA
LS
LS
LF
CY
EA
EA
CY
LF
LF
EA
DATE:
PROJECT #:
OWNER:
1
1
270
10
12
2
245
206
70
34
LF 276
LF 276
CY 20
CY 20
CY 20
EA 2
LF 20
EA 2
ub-Total Const. Cost
300.00
5,000.00
7,000.00
2.80
14.00
5,000.00
3,750.00
25.00
76.00
86.00
800.00
1.50
35.00
90.00
100.00
35.00
445.00
19.00
400.00
AL ESTIMATED COST
2/22/2007
200611400
City of Fort Worth
$1,200.00
$5,000.00
$7,000.00
$756.00
$140.00
$60,000.00
$7,500.00
$6,125.00
$15,656.00
$6,020.00
$27,200.00
$414.00
$9,660.00
$1,800.00
$2,000.00
$700.00
$890.00
$380.00
$800.00
$153,241.
$15, 324.
$168,565.
$168,565.00
$168,565.00
Exhibit B-4 Page 1
ATTACHMENT C
�HANGES AND AMENDMENTS TO STANDARD AGREEMENT AND ATTACHMENT A
FLAXSEED DRAINAGE IMPROVEMENTS
(PROJ. 00701, CITY PROJECT NO. 5616)
There are no changes and amendments to Standard Agreement and Attachment A.
Attachment C Page 1
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ATTACHMENT D-1
DESIGN FLAXSEED DRAINAGE IMPRO�/EMENTS
Schedule
Ci of Fort Worth
CITY PROJECT NO. 5616
PROJECTED ACTUAL
ID Task Name Duration 3tart Finish :-;;` Duration Start Finish
1 Notice to Proceed 0 4/16/2007 4/16/2007 -�-=
2 Survey 28 4/16/2007 5/14/2007 v`'
3 Desi n Phase 123 5/14/2007 9/14/2007 :� �_;
4 Conceptual Engineering 46 5/14l2007 6/29/2007 '-
5 Pre-Design Coordination Meeting 0 5/14/2007 5/14/2007 •.
6 Conceptual Engineering Plans (30%) 7 5/14/2007 5/21/2007 `_.•`
7 30% Conceptual Plan Submittal 0 5/21/2007 5/21/2007 _:_
8 City of Fort Worth Review 21 5/21/2007 6/11/2007 :',;
9 Project Review Meeting 0 6/11/2007 6/11/2007 ::' :
10 Neighborhood Meeting 0 6/15/2007 6/15/2007 :--
11 Address DOE / Citizen Comments 6 6/16/2007 6/22/2007 :.:
12 Submit Plans to Utility Companies 0 6/29/2007 6/29/2007 ;:::,
13 Preliminary Engineering 28 6/29/2007 7/27/2007
14 Preliminary Plans and Specs (60%) 14 6/29/2007 7/13/2007 _:::
15 60% Prelimina Plan Submittal 0 7/13/2007 7/13/2007 `=_
16 Franchise Utility Relocations 0 7/13/2007 7/13/2007
17 City of Fort Worth Review 14 7/13/2007 7/27/2007 ';:�'
18 Project Review Meeting 0 7/27/2007 7/27/2007 >�_'_
19 Final Engineering 49 7/27/2007 9/1412007 :=_::
20 Prepare (90%) Plans and Specifications 21 7/27/2007 8/17/2007 _:
21 90% Preliminary Plan Submittal 0 8/17/2007 8/17/2007 '•
22 City of Fort Worth Review 14 8/17/2007 8/31/2007 `i' <:
23 Project Review Meeting 0 8/31/2007 8/31/2007 ;:.
24 Incorporate Final DOE Comments 7 8/31/2007 9/7/2007 `-`
25 Submit Final Plans and Specs (100%) 0 9/7/2007 9/7/2007 ''
26 Circulate Plans for Signatures 2 9/12/2007 9/14/2007 .
27 Construction Phase 168 9/23/2007 3/9/2008 .:
28 Pre-Construction Assistance 61 9/23/2007 11/23/2007
29 Advertise Pro�ect 0 9/23/2007 9/23/2007 ;
30 Advertisement Duration 22 9/23/2007 10/15/2007 --
31 Open Bids 0 10/17/2007 10/17/2007
32 M&C Circulation Process 12 10/17/2007 10/29/2007 ::
33 Council Award 0 11/6/2007 11/6/2007 `''
34 Execute Contract Documents 14 11/6/2007 11/20/2007 _';.-
35 Pre-Construction Neighborhood Meeting 0 11/16/2007 11/16/2007 _=
36 Pre-Construction Meeting 0 11/23/2007 11/23/2007 _
37 Project Construction 97 12/3/2007 3/9/2008
38 T^.�+�� "nr� Co�eier !�`nnc4r� �rtinn 0 12/3/2007 12/3/2007
39 Paving and Drainage Construction 90 12/3/2007 3/2/2008 '
40 Final Inspection and Acceptance 7 3/2/2008 3/9/2008 '
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COUNSEL DISTRICT 7
MAPSCO 58-Y
ATTACHMENT E