HomeMy WebLinkAboutContract 35373 :iTY SECRETARY
CONTRACT NO, T) 3 3
CITY OF FORT WORTH, TEXAS
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: Storm
Water Utility Project—Arundel Storm Drain Improvements
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving
7 days' written notice to CITY, suspend services under this AGREEMENT until
paid in full, including interest. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
CITY because of such suspension of services.
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F�. 1�.-01.Hflll ORIGINAL
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 pr-;2ct other than the PROJECT
described herein.
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E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the
CITY and/or the CITY's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the Contract Documents and any health or safety precautions
required by such construction work. The ENGINEER and its personnel have
no authority to exercise any control over any construction contractor or other
entity or their employees in connection with their work or any health or safety
precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general,
if the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the Contract
Documents, nor shall anything in the Contract Documents or the agreement
between CITY and ENGINEER be construed as requiring ENGINEER to make
exhaustive or continuous on-site inspections to discover latent defects in the
work or otherwise check the quality or quantity of the work on the PROJECT.
If, for any reason, the ENGINEER should make an on-site observation(s), on
the basis of such on-site observations, if any, the ENGINEER shall endeavor
to keep the CITY informed of any deviation from the Contract Documents
coming to the actual notice of ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market
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conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
G. Construction Progress Payments-
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are not other matters
at issue between the CITY and the construction contractor that affect the
amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
I. Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for
the participation of minority business enterprises and woman business
enterprises in City contracts. Engineer acknowledges the M/WBE goal
established for this contract and its commitment to meet that goal. Any
misrepresentation of facts (other than a negligent misrepresentation) and/or
the commission of fraud by the Engineer may result in the termination of this
agreement and debarment from participating in City contracts for a period of
time of not less than three (3) years.
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J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of three (3) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3)hereof. CITY shall give subcon-sultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of copies at the rate published in the Texas Administrative Code in effect
as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum limits that are to be in effect
prior to commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident on a combined single limit or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
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A commercial business policy shall provide coverage on "Any Auto", defined
as autos owned, hired and non-owned when said vehicle is used in the
course of the PROJECT.
Worker's Compensation
Coverage A: Statutory limits
Coverage B: 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.
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(e) Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A: VII in the current A.M. Best Key
Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
(f)- Deductible limits, or self insured retentions, affecting insurance required
herein shall be acceptable to the CITY in its sole discretion; and, in lieu of
traditional insurance, any alternative coverage maintained through
insurance pools or risk retention groups must be also approved.
Dedicated financial resources or letters of credit may also be acceptable
to the City.
(g) Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring expense,
to review the ENGINEER's insurance policies including endorsements
thereto and, at the CITY's discretion, the ENGINEER may be required to
provide proof of insurance premium payments.
Cornetc�al General Liab�l�ty 'irtisura;nce policy sh11 have no
exciusions.by`eirtdorsennents unless the Cn. . approves such''exclusions
in whiting;
(j) For all lines of coverage underwritten on a claims-made basis, other than
Professional Liability, the retroactive date shall be coincident with or prior
to the date of the contractual agreement. The certificate of insurance
shall state both the retroactive date and that the coverage is claims-
made.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement and all insurance
required in this section, with the exception of Professional Liability, shall
be written on an occurrence basis.
(1) Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, ENGINEER
shall provide CITY with documentation thereof on a certificate of
insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
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M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required, at
its own cost and expense. However, if design changes are required due to the
changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which
the ENGINEER could not have been reasonably aware of, the ENGINEER
shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
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B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will
perform, at no cost to the ENGINEER, such tests of equipment, machinery,
pipelines, and other components of the CITY's facilities as may be required in
connection with the ENGINEER's services. The CITY will be responsible for all
acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights-of-way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule in Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
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G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees,
and subcontractors, for any claim arising out of, in connection
with, or resulting from the engineering services performed.
Only the CITY will be the beneficiary of any undertaking by
the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
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requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments of
service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond the
control of the ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with 5 days of written notice and diligently complete the
correction thereafter.
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(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document the
work underway at the time the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEERSs personnel and subcontractors, and
ENGINEERSs compensation will be made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any
loss, cost, or expense claimed by third parties for property damage and
bodily injury, including death, caused solely by the negligence or willful
misconduct of the ENGINEER, its employees, officers, and
subcontractors in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the
CITY (or a person identified above for whom each is liable) is a cause of
such damage or injury, the loss, cost, or expense shall be shared
between the ENGINEER and the CITY in proportion to their relative
degrees of negligence or willful misconduct as determined pursuant to
T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
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H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories
of recovery, including breach of contract or warranty, tort including negligence,
strict or statutory liability, or any other cause of action, except for willful
misconduct or gross negligence for limitations of liability and sole negligence
for indemnification. Parties mean the CITY and the ENGINEER, and their
officers, employees, agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue
for any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If mediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely to
be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of the
Association then in effect. Any award rendered by the arbitrators less than
$50,000, exclusive of attorney's fees, costs and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will not
be subject to appeal or modification except to the extent permitted by Sections
10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award shall
become final ninety (90) days from the date same is issued. If litigation is filed
by either party within said ninety (90) day period, the award shall become null
and void and shall not be used by either party for any purpose in the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J.
shall survive termination of this AGREEMENT for any cause.
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L. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted during the term of this AGREEMENT by governing bodies
having jurisdiction or authority for such enactment. No plea of
misunderstanding or ignorance thereof shall be considered. ENGINEER
agrees to defend, indemnify and hold harmless CITY and all of its officers,
agents and employees from and against all claims or liability arising out of the
violation of any such order, law, ordinance, or regulation, whether it be by itself
or its employees.
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments and
schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B —Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Executed this the ' ' day of ;, , , , 20(L.
ATTEST: CITY OF FORT WORTH
Mart�Hendri Marc A. Ott
City Secretary Assistant City Manager
AP L RECOMME D
NO M&C REQUIRED _
A. Douglas Rademaker, P.E.
Director, Engineering Department
APPROVED AS TO FORM AND LEGALITY
r
Assistan ity Attorney
James DeOtte Engineering, Inc.
ENGINEER
ATTEST:
By: _ A', Q ��a
NAME:
rn�e DeQfte, P.F-
TITLE: President
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ATTACHMENT"A"
General Sr&=.of Services
"Scope of Services set forth herein can only be modified by additions, clarifications, and/or deletions
set forth in the supplemental Scope of Services. In cases of conflict between the Supplemental
Scope of Services and the General Scope of Services, the Supplemental Scope of Services shall
have precedence over the General Scope of Services."
GFNFRAI
1) Preliminary Conference with City
The Engineer shall attend preliminary conferences with authorized representatives of the City
regarding the scope of project so that the plans and specifications which are to be developed
hereunder by the Engineer will result in providing facilities which are economical in design
and conform to the City's requirements and budgetary constraints.
2) Coordination with Outside Agencies/Public Entities
The Engineer shall coordinate with officials of other outside agencies as may be necessary
for the design of the proposed street, and storm drain and/or water and wastewater facili-
ties/improvements. It shall be the Engineer's duty hereunder to secure necessary information
from such outside agencies, to meet their requirements.
3) Geotechnical Investigations
The Engineer shall advise the City of test borings, and other subsurface investigations that
may be needed. In the event it is determined necessary to make borings or excavate test
holes or pits, the Engineer shall in coordination with the City and the City's geotechnical
engineering consultant, draw up specifications for such testing program. The cost of the
borings or excavations shall be paid for by the City.
4) Agreements and Permits
The Engineer shall complete all forms/applications to allow the City of Fort Worth to obtain
any and all agreements and/or permits normally required for a project of this size and type.
The Engineer will be responsible for negotiating and coordinating to obtain approval of the
agency issuing the agreement and/or permits and will make any revisions necessary to bring
the plans into compliance with the requirements of said agency, including but not limited to
highways, railroads, water authorities, Corps of Engineers and other utilities.
5) Design Changes Relating to Permitting Authorities
If permitting authorities require design changes, the Engineer shall revise the plans and
specifications as required at the Engineers own cost and expense, unless such changes are
required due to changes in the design of the fac l ties made by the permitting authority. If
such changes are required, the Engineers all notify the City aqd an amendment to the
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
Page 16of20
contract shall be made if the Engineer incurs additional cost. If there are unavoidable delays,
a mutually agreeable and reasonable time extension shall be negotiated.
6) Plan Submittal
Copies of the original plans shall be provided on reproducible mylar or approved plastic film
sheets, or as otherwise approved by the Department of Engineering and shall become the
property of the City. City may use such drawings in any manner it desires; provided, however
that the Engineer shall not be liable for the use of such drawings for any project other than
the project described herein; and further provided, that the Engineer shall not be liable for the
consequences of any changes that are made to the drawings or changes that are made in
the implementation of the drawings without the written approval of the Engineer.
PHASE 1
7) Right-of-Way, Easement and Land Acquisition Needs
The Engineer shall determine the rights-of-way, easement needs for the construction of the
project. Engineer shall determine ownership of such land and furnish the City with the
necessary right-of-way sketches, prepare necessary easement descriptions for acquiring the
rights-of-way and/or easements for the construction of this project. Sketches and easement
descriptions are to be presented in form suitable for direct use by the Department of
Engineering in obtaining rights-of-way, easements, permits and licensing agreements. All
materials shall be furnished on the appropriate City forms in a minimum of four (4) copies
each.
8) Design Survey
The Engineer shall provide necessary field survey for use in the preparation of Plans and
Specifications. The Engineer shall furnish the City certified copies of the field data.
9) Utility Coordination
The Engineer shall coordinate with all utilities, including utilities owned by the City, as to any
proposed utility liens or adjustment to existing utility lines within the project limits. The
information obtained shall be shown on the conceptual plans. The Engineer shall show on the
preliminary and final plans the location of the proposed utility lines, existing utility lines, based
on the information provided by the utility, and any adjustments and/or relocation of the
existing lines within the project limits. The Engineer shall also evaluate the phasing of the
water, wastewater, street and drainage work, and shall submit such evaluation in writing to
the City as part of this phase of the project.
STANDARD ENGINEERING AGREEMENT(REV 10/06/05)
Page 17 of 20 7
i_
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.
76,
STANDARD ENGINEERING AGREEMENT(REV 10106/05)
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.
pr-��`^ni
1 1^
0
STANDARD ENGINEERING AGREEMENT(REV 10/06/05) (�, ION.
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")
PROFESSIONAL SERVICES: DRAINAGE STUDY FOR FUTURE STORM DRAIN
IMPROVEMENTS TO ARUNDEL STORM DRAIN IMPROVEMENTS (PROJECT 00671)
CITY PROJECT NO 00671
The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT
"A". Work under this attachment includes the preparation of a drainage study for the project area
described below and shown graphically an Attachment E:
Locate, map and perform a capacity analysis on the existing storm system. Determine the
required system capacity and perform an alignment study for any required relief or
replacement line. Summarize all information in a report.
Upon receipt of notice to proceed, the ENGINEER will perform the following tasks:
PART A—Data Acquisition, Collection and Inventory
The data collected for this project includes existing information possessed by CITY in the form of
studies, maps, engineering construction plans, and digital files as well as information generated in
the field specifically for this project.
1. Data Collection
a. Obtain available topographic maps, zoning maps, land use maps, and
thoroughfare plans within the study limits from CITY.
b. Obtain "As-Built" plans for existing bridges, culverts, paving, grading and drainage
construction within the study limits from CITY.
c. Obtain digital copies of latest versions of digital aerial topographic and
photographic data from CITY.
d. If necessary for the project obtain effective LOMR and all documentation, including
hydrologic and hydraulic models, from CITY for area immediately upstream of this
project area. If information is unavailable from CITY, ENGINEER will request
Ol/19/07 g
Scope of Services
information from FEMA.
e. Obtain as built information on existing utilities, in the study area, to included water,
sewer, electric, phone and cable.
f. Obtain property ownership information in the study area.
g. Review Drainage Complaint records.
2. Field Work
a. Perform two (2) engineering site visits to verify the study limits, delineate
subwatershed boundaries, and identify hydraulic parameters including existing
flooding and erosion problems, condition of pipe outfalls, and potential structural
improvement locations.
b. Field surveys will be obtained as necessary for the project, including cross-sections
as appropriate. If necessary, engineer will notify residents via mail outs to be
approved by city. The mail out shall be on company fetter head and shall include
the following project name, limits, DOE project no., brief description of project, the
consultant's project manager and phone no.
PART B—Hydrologic Analysis
This scope includes the tasks necessary to develop hydrologic models of the study areas. Study
discharges will be obtained for a range of return events, assuming fully-developed watershed
conditions. Existing conditions hydrologic models for contributing watersheds for applicable
projects are available in either HEC-1 or HE-HMS format, either from CITY or FEMA.
Hydrologic Analysis
a. When necessary, prepare a drainage area map of 1° = 200' scale from available
contour maps.
b. Delineate sub-watersheds as necessary to analyze existing drainage patterns
within the study area, as well as to identify and define proposed improvements.
C. Obtain hydrologic parameters for each sub watershed including precipitation data,
s
$A1-2
01/19/07 tlp 'l CSIJt 1:6
Scope of Services
time of concentration, and land use category.
d. Create a fully developed hydrologic condition land use map based on aerial
photography and the City's land use/zoning maps.
e. For applicable projects, execute models to obtain, 10-, 50-, 100- and 500 year
return event discharges for use in LOMR submittals to FEMA.
PART C—Hydraulic Analysis
This scope includes the tasks necessary to size drainage facilities based on fully developed
watershed discharges, consistent with criteria in the City of Fort Worth Storm Water Management
Design Manual, March 2006 edition.
1. Existing Conditions Analysis
a. Perform initial hydraulic calculations based on site visits, previous documentation
and information OWNER has obtained from residents to confirm location of
existing drainage concerns and operation of existing storm drainage facilities, if
any.
2. Recommended Improvements
a. Develop a hydraulic model of closed system improvements for the study area.
The City's two-foot topographic data will be used to generate grades for the
system. The proposed improvements will include sizing and locating inlets,
leads, laterals and storm sewer mains to carry design discharges to desired
outfall locations.
b. Up to two (2) improvement options will be sized based on coordination with
City Staff. Conceptual cost opinions will be generated for each option to assist
in selection of improvement option. One improvement option will be selected
for final modeling. Recommended improvements may include water quality
considerations to limit sediment transport through proposed improvements.
c. Provide CITY with results of analysis in both digital and hard copy format. Up
to three (3) concept and preliminary revisions sets will be prepared for
OWNER review and comment in preparation of final exhibits, report and
documents. Opinions of Probable Construction Cost will be provided for the
selected recommended improvement option.
01/19/07 J e :':''G�CUlfti UI G1�e
Scope of Services
PART D—Project Development
This scope includes coordination and communication procedures to be implemented between
OWNER and ENGINEER in completion of this project.
1. Project Coordination
a. Conduct up to four (4) project status meetings with CITY. Meeting shall be used to
update CITY as to status of project and to determine CITY preference in
recommended improvement option.
b. Conduct up to two(2) site visits to project site with CITY, upon CITY request.
C. In coordination with CITY, conduct one (1) public involvement meeting to supply
project information, goals and schedule to the surrounding residential community.
ENGINEER will prepare up to two (2) graphical exhibits for use in public
presentations.
d. Prepare monthly updates for CITY identifying what work was accomplished, what
items are pending and what outstanding issues need immediate attention.
2. Report
Prepare written concept, preliminary and final reports detailing the assumptions
made in the study, the results of the investigation and the options of probable cost
for recommended improvements. The reports will contain results of computer
models created in support of the study in both digital and hard copy format.
EA1-4
f�o .VJ';✓J�f� It��4'.v
O1/19/07
Scope of Services
ATTACHMENT "B"
DRAINAGE STUDYFOR FUTURE STORM DRAIN IMPROVEMENTS TO ARUNDEL STORM
DRAIN IMPROVEMENTS(PROJECT 00671)
CITY PROJECT NO. 00671
I. Compensation
A. The Engineer shall be compensated a total lump sum fee of$. 22,720.00 as
summarized in Exhibit "13-3". Payment of the total lump sum fee shall be
considered full compensation for the services described in Attachment "A" and
Exhibit "A-1" for all labor materials, supplies and equipment necessary to
complete the project. All permitting, application and similar project fees will be
paid directly by the City.
B. The Engineer shall be paid in four partial payments as described in Exhibit "13-1",
Section 1-Methond of Payment.
C. Each invoice is to be verged as to its accuracy and compliance with the terms of
this contract by an office of the Engineer.
II. Schedule (Working Days)—Refer to Attachment D for the complete schedule.
A. A concept report shall be submitted within 45 working days after the "Notice to
Proceed" letter is issued.
B. A preliminary report shall be submitted within 60 working days after approval of
the concept report.
C. A final report shall be submitted within 45 working days after approval of the
preliminary report.
ii+i(ii�%i i I IIII
B-1
EXHIBIT "13-1"
(SUPPLEMENT TO ATTACHMENT B)
METHOD OF PAYMENT
DRAINAGE STUDY FOR FUTURE STORM DRAIN IMPROVEMENTS TO ARUNDEL STORM
DRAIN IMPROVEMENTS(PROJECT 00671)
CITY PROJECT NO. 00671
I. Method of Payment
Partial payment shall be made to the ENGINEER monthly upon City's approval of an
invoice from the ENGINEER outlining the estimated current percent complete of the
total project.
The aggregate of such monthly partial fee payments shall not exceed the following
Until delivery of the concept report, a sum not to exceed 30 percent of the total lump
sum fee.
Until delivery of the preliminary report, a sum not to exceed 60 percent of the total
lump sum fee.
Upon delivery of the final report, a sum not to exceed 90 percent of the total lump
sum fee.
The balance of fee, less previous payments, shall be payable after approval of the
final report by the City.
II. Progress Reports
A. The ENGINEER shall submit to the designated representative of the Director of the
Department of Engineering monthly progress reports covering all phases of the
study in the format required by the City.
1Yy ! i �j
EB1-1
EXHIBIT "B-2"
(SUPPLEMENT TO ATTACHMENT B)
HOURLY RATE SCHEDULE
DRAINAGE STUDY FOR FUTURE STORM DRAIN IMPROVEMENTS TO ARUNDEL
STORM DRAIN IMPROVEMENTS(PROJECT 006711
CITY PROJECT NO. 00671
Principal $110.00
Senior Professional $100.00
Registered Professional $100.00
Professional $ 90.00
Designer $65.00 - $ 85.00
Technical Support $90.00
Clerical/Administrative Support $40.00
" KP
EB2-1
EXHIBIT "B-3A"
(SUPPLEMENT TO ATTACHMENT B)
SUMMARY OF TOTAL PROJECT FEES
DRAINAGE STUDY FOR FUTURE STORM DRAIN IMPROVEMENTS TO ARUNDEL
STORM DRAIN IMPROVEMENTS (PROJECT 00671)
CITY PROJECT NO. 00671
Cansulting.Firm Prime Resnonsibilily Amount Percent
Prime Consultant:
James DeOtte Engineering, Inc.
Engineering &Project. Management $22,720.00 100%
M/WBE Consultants:
Total for Professional Services $22,720.00 100%
Note: Non-WBE Consultant-None.
Project Description Scoge of Services, Total Fee MIWBE Fee Percent
Engineering Services Drainage Study $22,720.00 $
FYI
BEY'
B3A-1
EXHIBIT "13-313"
(SUPPLEMENT TO ATTACHMENT B)
PROFESSIONAL SERVICES FEE SUMMARY
DRAINAGE STUDY FOR FUTURE STORM DRAIN IMPROVEMENTS TO ARUNDEL STORM
DRAIN IMPROVEMENTS (PROJECT 00671)
CITY PROJECT NO. 00671
BASIC ENGINEERING DESIGN FEE:
Fee
Engineering Services $20,520.00
BASIC SERVICES TOTAL $20,520.00
Fee
Surveying and pipe location services $2,000.00
Additional Services Fee $ 200.00
ADDITIONAL SERVICES TOTAL $2,200.00
PART A- DATA ACQUISITION
1. Data Collection
a.Obtain Topographic information and related property information. 16 hrs @$85/hr=$1,360.00
b.Obtain"as builts" 8 hrs@$85/hr=$ 680.00
c.Obtain digital aerial topography&photos 8 hrs@$85/hr=$ 680.00
d. Collect L.O.M.R.information N/A
e.Obtain existing utility information 12 hrs@$85/hr=$1,020.00
f. Obtain ownership information 8 hrs@$85/hr=$ 680.00
g. Review drainage complaint records. 4 hrs@$110/hr=$440.00
2.Field Work
a.2 site visits 6 hrs@$110.00/hr—$660.00
b.Field Surveys,pipe location and mailout
PART B -HYDROLOGIC ANALYSIS
1. Prepare Drainage Area Map 12 hrs@$110/hr=$1,320.00
2.Delineate Watersheds 8 hrs@$110/hr=$ 880.00
3.Develop hydrologic parameters for watersheds 16 hrs@$110/hr=$1,760.00
4.Create a fully developed hydrologic condition land use map 16 hrs@$110/hr=$1,760.00
5.Execute models for use in L.O.M.R. NIA
PART C - HYDRAULIC ANALYSIS
1.Existing Conditions Analysis 16 hrs@$110/hr=$1,760.00
2. Recommend improvements
a.Develop Hydraulic Model 16 hrs@$110/hr=$1,760.00
b. Develop at least 2 improvement options 16 hrs@$110/hr=$1,760.00
c.Provide results of analysis in digital and hard copy formats 8 hrs@$85/hr= $ 680.00
PART D -PROJECT DEVELOPMENT
1.Project Coordination
a.4 Project Status Meetings with City " 12 hrs@$110/hr=$1,320.00
b.Conduct 2 Site Visits with City F " r ,)°%(%' 8 hrs@$110/hr=$ 880.00
c. 1 Public Meeting with 2 Exhibits •' 1 j 4 hrs@$110/hr=$ 440.00
d.MonthlyUpdates pd ates
8 hrs@$85/hr=$ 680.00
2.Report-Prepare a written Report
B3B-1
EXHIBIT "13-313"
(SUPPLEMENT TO ATTACHMENT B)
PROFESSIONAL SERVICES FEE SUMMARY
DRAINAGE STUDY FOR FUTURE STORM DRAIN IMPROVEMENTS TO ARUNDEL STORM
DRAIN IMPROVEMENTS (PROJECT 00671)
CITY PROJECT NO. 00671
A. SUMMARY OF TOTAL FEE
Fee
Engineering Services $20,520.00
Additional Engineering Services $ 200.00
Engineering Subtotal $20,720.00
Surveying Services $ 2,000.00
PROJECT TOTAL $22,720.00
B. BREAKDOWN OF ENGINEERING FEE (LESS SURVEY FEE)
1. Total Fee (less survey fee) Breakdown by Concept. Preliminary and Final Report
Concept
a. Draft(30%) = (Engineering Subtotal) X(0.3) _ $ 6,156.00
b. Preliminary (60%) = (Engineering Subtotal)X (0.6) _ $12,312.00
c. Final (100%) = (Engineering Subtotal)X(0.1) _ $ 2,052.00
$20,520.00
B3B-2
EXHIBIT "B-3C"
(SUPPLEMENT TO ATTACHMENT B)
FEES FOR SURVEYING SERVICES
DRAINAGE STUDY FOR FUTURE STORM DRAIN IMPROVEMENTS TO ARUNDEL STORM
DRAIN IMPROVEMENTS (PROJECT 00671)
CITY PROJECT NO. 00671
Surveying Services:
Survey and pipe location = $ 2,000.00
Survey Total = $ 2,000.00
1. Establish Horizontal and Vertical Control
11. Locate pipeline markings as identified by Ace Pipeline
M. Produce a map showing the actual storm drain location
B3C-1
EXHIBIT "13-31)"
(SUPPLEMENT TO ATTACHMENT B)
ADDITIONAL SERVICES
DRAINAGE STUDY FOR FUTURE STORM DRAIN IMPROVEMENTS TO ARUNDEL STORM
DRAIN IMPROVEMENTS (PROJECT 00671)
CITY PROJECT NO. 00671
Additional Services:
- Public Meetings (1 meeting) = $ 880.00
- Special Coordination with Property Owners = $ 400.00
- Coordination Meetings with TPW(6 meetings) = $1,600.00
- Monthly Progress Repots (Electronic) = $ 680.00
- Printing/Reproduction = $ 200.00
- Administrative Fee (10%) on MNV13E Firms = $ 200.00
Additional Services Total $3,960.00
B3D-1
EXHIBIT "B-313"
(SUPPLEMENT TO ATTACHMENT B)
ADDITIONAL SERVICES
DRAINAGE STUDY FOR FUTURE STORM DRAIN IMPROVEMENTS TO ARUNDEL STORM DRAIN
IMPROVEMENTS (PROJECT 00671)
CITY PROJECT NO. 00671
Printing Cost:
Description Quantity Total Cost
Concept Report 3 $ 50.00
Preliminary Report 3 $ 50.00
Final Report 3 $ 100.00
Total Cost = $ 200.00
�n
B3D-2
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD ENGINEERING
AGREEMENT AND ATTACHMENT A
DRAINAGE STUDY FOR FUTURE STORM DRAIN IMPROVEMENTS TO ARUNDEL STORM
DRAIN IMPROVEMENTS (PROJECT 00671)
CITY PROJECT NO. 00671
NONE
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