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CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule
municipality (the "CITY"), and Halff Associates, Inc. (Halff) authorized to do business in
Texas, (the "ENGINEER"), for a PROJECT generally described as: Mussel
Presence/Absence Survey for the New Location East 1 st Street bridge over the West Fork
Trinity River
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation shall be in the amount $29,952.00 as 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, including but
not limited to meeting the requirements set forth in Attachment D to this
AGREEMENT, to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of
any balance will be due within 30 days of receiat�of�tt�e�ii��k���eie-�
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 1/28/2013
Page 1 of 16
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(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. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
CITY because of such suspension of services.
Article IV
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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMOOfficial Release Date: 1/28/2013
Page 2 of 16
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties 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 mylar sheets and electronic files in .pdf format, 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.
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
City of Fort Worth, Texas
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PMO Official Release Date: 1/28/2013
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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 the ENGINEER makes on-site
observation(s) of a deviation from the Contract Documents, the ENGINEER
shall inform the CITY.
(3) When professional certification of performance or characteristics of
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
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
City of Fort Worth, Texas
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PMO Official Release Date: 1l28/2013
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matters at issue between the CITY
affect the amount that should be paid.
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Record Drawings
and the construction contractor that
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 Business and Small Business Enterprise (MBE)(SBE)
Participation
In accord with the City of Fort Worth Business Diversity Ordinance No.
20020-12-2011, as amended, the City has goals for the participation of
minority business enterprises and/or small business enterprises in City
contracts. Engineer acknowledges the MBE and SBE goals established for
this contract and its accepted written commitment to MBE and SBE
participation. Any misrepresentation of facts (ot�er 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.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) 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 five (5) 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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 1/28/2013
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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 subconsultant
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. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a$2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an insured under the CGL, using
ISO additional insured endorsement or a substitute providing
equivalent coverage, and under the commercial umbrella, if any.
This insurance shall apply as primary insurance with respect to
any other insurance or self-insurance programs afforded to the
CITY. The Commercial General Liability insurance policy shall
have no exclusions by endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto — the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
liability arising out of "any auto", including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned is
City of Fort Worth, Texas
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PMO Official Release Date: 1/28/2013
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acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — the ENGINEER shall maintain professional
liability, a claims-made policy, with a minimum of $1,000,000.00 per
claim and aggregate. The policy shall contain a retroactive date prior to
the date of the contract or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the contract. An annual certificate of
insurance specifically referencing this project shall be submitted to the
CITY for each year following completion of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall
include its employees, officers, officials, agents, and volunteers as
respects the contracted services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 1/28/2013
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d. Any failure on part
documentation shall
requirements.
of the CITY to request required
not constitute a waiver of the
insurance
insurance
e. A minimum of thirty (30) 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. Notice shall be sent
to the respective Department Director (by name), City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. �ines of coverage, other
claims-made basis, shall
prior to the date of the
insurance shall state both
claims-made.
than Professional Liability, underwritten on
contain a retroactive date coincident with
contractual agreement. The certificate
the retroactive date and that the coverage
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or
of
is
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
I. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 1/28/2013
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m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent
consultant and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The 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 CITY may
request the ENGINEER to assist 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
City of Fort Worth, Texas
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PMO Official Release Date: 1/28/2013
Page 9 of 16
amendment to this AGREEMENT.
P.
Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A.
�
C.
City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of
the information provided by the CITY.
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. 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.
Advertisements, Permits, and Access
of-way, and
construction.
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-
access necessary for the ENGINEER's services or PROJECT
City of Fort Worth, Texas
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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 prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of
such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos
is a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
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
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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 RisWlnstallation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amer�ded 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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 1/28/2013
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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 that prevent ENGINEER's performance of its
obligations hereunder.
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 in 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
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;
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PMO Official Release Date: 1/28/2013
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b.) Out-of-pocket expenses for purchasing 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 of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all 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
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify, hold harmless, and defend the CITY
against liability for any damage caused by or resulting from an act of
negligence, intentional tort, intellectual property infringement, or
failure to pay a subcontractor or supplier committed by the ENGINEER
or ENGINEER's agent, consultant under contract, or another entity
over which the ENGINEER exercises control.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the
prior written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different
theories of recovery, including breach of contract or warranty, tort including
negligence, strict or statutory liability, or any other cause of action, except for
willful misconduct or gross negligence for limitations of liability and sole
negligence for indemnification. Parties mean the CITY and the ENGINEER,
and their officers, employees, agents, and subcontractors.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 1/28/2013
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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. 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.F.,
VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause.
K. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in
any way affect this AGREEMENT and the work hereunder, and shall
observe and comply with all orders, laws ordinances and regulations which
may exist or may be enacted later by governing bodies having jurisdiction or
authority for such enactment. No plea of misunderstanding or ignorance
thereof shall be considered. ENGINEER agrees to defend, indemnify and
hold harmless CITY and all of its officers, agents and employees from and
against all claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments
and schedules are hereby made a part of this AGREEMENT:
Attachment A- Scope of Services
Attachment B — Compensation
Attachment C- Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 1/28l2013
Page 15 of 16
Attachment E - Location Map
Executed and effective this the 23rd day of April, 2013.
BY:
CITY OF FORT WORTH
BY:
ENGINEER
Halff Associates, Inc.
;.
�. _ �----�
dason Diamond �
Team Leader / Authorized Agent
Date: � /
APPROVAL RECOMMENDED:
By:
, �,J
Dougla W. Wiersig, P.E.
DirectQ , Transportation
Works Department
APPROVED
LEGALITY
AS TO
Public
FORM
Date: �Z3 ���
AND M&C No.: n I a
M&C Date:
By:
• i�lG%G�1.0
Assistant City Attorney
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ATTEST:
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City of Fort Worth, Texas
Standard Agreement tor Engineering Related Design Services
PMO Official Release Date: 1/28/2013
Page 16 of 16
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�t��ICNA� RECORD
�ITY S�CREiARY
Fernando Costa
Assistant City Manager
CORPORATE AUTHORIZATION RESOLUTION
I, Gregory Kuhn, the undersigned being the Secretary of Halff Associates, Inc. (The "Corporation") hereby
certify that at the Corporation's Board of Directors meeting held on the 23`d day of October 2012 at which
there was present and acting throughout a quorum authorized to transact business hereinafter described, and
that the proceedings of said meeting were in accordance with the charter and by-laws of said Corporation and
that said resolutions have not been amended or revoked and are in full force and effect.
Resolved, that the following individuals are hereby authorized and empowered to sign any and all documents
on behalf of said Corporation, and to take such steps, and do such other acts and things, as in his or her
judgment may be necessary, appropriate or desirable in connection with any offer extended, proposal
submitted to, or any entry into any contract.
Acker, Patrick L.
Adams, Bobby
Alvarez, Jeffrey
Applebaum, Phillip R.
Atkinson, Erin
Baker, Jessica
Barr, Terry
Belaire, S Kent
Brock, Don O.
Burns, Roger W.
Carrillo, James E.
Chovan, Dennis J.
Christiansen, Jeffrey R.
Cooper, Harold Wayne
Craig, Matthew G.
Crawford, Stephen
Diamond, Jason
Downs, Derek
Edwards, Mark
Fallon, Mike
Garcia, Raul
Gardiner, Chad
Glover, Rusty
Green, Dawn A.
Haar, Dennis
Hamilton, Dwayne S.
Haynes, Brian
Hughes, Lenny L.
Ickert, Andrew
Ivey, John P.
Jackson, Todd A.
Jacobs, Greg
Janicki, Mark M.
Killen, J Russell
Kuhn, Gregory
Kunz, Patrick L.
Littleton, B David
Lovell, Troy L.
Marusak, Russell
McGahey, Ben
Molloy, Martin J.
Mosier, Cindy
Moya, Michael A
Murray, III, Menton J.
Novoa, Jose I.
Plugge, Jr, Roman C.
Ratzman, Eric
Rielly, Paul J.
Roberts, Jerry F.
Romanowski, Michael E
Saenz, Robert
Sartori, Tony
Satre, Dennis D.
Shafer, Andrew J.
Witness my hand and seal of the corporation this day of April 16, 2013.
`� .�"'Pg S O C �q T'�.,,�,
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SEAL
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,����'��o, .T E X A s', n�`���``
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Secretary � the Corporation
Skipwith, Walter E.
Spaeth, Everett D.
Stuller, Dean
Tanksley, Dan
Teague,John
Terrell, Allen
Voinis, Mike
Warfield, Dan
West, John
Westsmith, Richard A.
Wong, Jr, Raul
Wong, Raul E
Woodard, Paul
Woodson, Todd
ATTACHMENT A
MUSSEL PRESENCE/ABSENCE SURVEY FOR
THE NEW LOCATION EAST 15T STREET BRIDGE OVER THE WEST FORK TRINITY RIVER
CITY PROJECT NO.:
ATTACHMENT A
SCOPE OF SERVICES TO BE PROVIDED BY
HALFF ASSOCIATES, INC.
TO
CITY OF FORT WORTH
FOR
MUSSEL PRESENCE/ABSENCE SURVEY FOR THE NEW LOCATION EAST isr
STREET BRIDGE OVER THE WEST FORK TRINITY RIVER
CITY PROJECT NO.:
s
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General Proiect Description
The City of Fort Worth is proposing to widen East 1S` Street from North Beach Street to
Oakland Boulevard near downtown Fort Worth, Texas in Tarrant County. The proposed
project includes the construction of a new bridge and approach roadways to bypass the
existing bridge over the West Fork Trinity River. The existing East 1 S` Street Bridge over
the West Fork Trinity River has historical significance; therefore, the City of Fort Worth is
proposing to preserve the existing bridge and incorporate it into a trail for both pedestrian
and bicycle use. Construction of the proposed new bridge over the West Fork Trinity River
has the potential to impact state-listed threatened mussels.
During the review of the draft Categorical Exclusion (CE) document for the proposed
project, the Texas Parks and Wildlife Department (TPWD) recommended that, "mussel
surveys be conducted in areas where potential suitable habitat would be directly impacted
by such activities as installing temporary culverts/roads, placement of riprap, stream
contouring/channelization, permanent fill/culvert placement, and construction of bridge
columns/footing as well as in areas that may be indirectly impacted by increased
sedimentation due to construction activities". In accordance with the TPWD
recommendation, a presence/absence survey will be conducted at the new bridge location
in order to determine whether state-listed threatened mussel species may be impacted by
the proposed project.
This scope of services is to perform a presence/absence survey for state-listed threatened
freshwater mussels within the West Fork Trinity River for the East 1 St Street project in
Tarrant County, Texas. The professional services to be provided by Halff Associates, Inc.
(Halff) on the project will include the below tasks.
TASK 1: PROJECT MANAGEMENT AND COORDINATION
1.1 Coordination, Administration, & Subconsultant Management
Development and maintenance of effective communication between Halff, City of Fort
Worth, and TPWD will be a key factor in achieving successful and expedient project
City of Fort Worth, Texas
Attachment A
PMO Release Date: 01.28.2013
Page 1
ATTACHMENT A
MUSSEL PRESENCE / ABSENCE SURVEY FOR
THE NEW LOCATION EAST 1ST STREET BRIDGE OVER THE WEST FORK TRINITY RIVER
CITY PROJECT NO.:
completion. All correspondence and coordination through TPWD will be handled with the
concurrence of the City of Fort Worth. Halff will oversee the preparation of documents and
manage the following project activities described in items (A)-(C) below. Halff will also
monitor and manage sub-consultant activities (staff and schedule) associated with this
scope of services.
A. Project Meetinqs. Halff will document applicable project-related meetings and will
forward meeting minutes in electronic format to the appropriate City of Fort Worth
and TPWD representatives and other project team members, as applicable. This
task will include one (1) project meeting via teleconference.
B. Document Printinq and Distribution. Halff will print copies of final project
documents/reports as detailed in Task 2. Unless otherwise directed by the City of
Fort Worth, Halff will be responsible for distribution of final project documents to
agencies and organizations, as appropriate.
C. Service Completion. After project completion and contract finalization, Halff will
submit project files/exhibits to the City of Fort Worth and/or TPWD upon request.
Copies of project files will be retained by Halff for a minimum of three (3) years after
submittal of originals to the City of Fort Worth and/or TPWD.
Deliverables
• Project Meeting Minutes/Documentation in electronic format
� Project files and exhibits (upon request)
1.2 — Quality Assurance/Quality Control
Halff will conduct comprehensive quality assurance/quality control reviews for all
deliverables throughout the duration of the project.
TASK 2— PERFORM PRESENCE/ABSENCE SURVEY
2.1 — Perform Survey
To date, no formal mussel survey and/or relocation protocols for Texas have been issued
by TPWD or by the U.S. Fish and Wildlife Service (USFWS). The survey protocols in this
scope of services are those which have been accepted by TPWD on previous projects and
are most commonly utilized by other state agencies, including the Texas Department of
Transportation (TxDOT). In addition, the survey protocols outlined in this scope of services
are considered scientifically acceptable standard methods.
A probability-based presence/absence survey for state-listed threatened freshwater mussel
species will be performed by Halff along a reach of the West Fork Trinity approximately 400
meters (m) in length. The survey area will begin up to 100 m upstream of the proposed
new East 1S` Street bridge over the West Fork Trinity River and will extend to up to 300 m
downstream of the proposed bridge. A timed sampling method will be utilized, which is
appropriate for locating rare freshwater mussel species. Up to twenty-five 5 m by 5 m(25
square meters) survey plots will be distributed throughout the proposed survey area. The
survey plots will be sampled using tactile substrate exploration methods by field personnel
using both wading and SCUBA techniques. All recovered mussels will be collected in
mesh bags and brought to the surface for identification by a TPWD-permitted malacologist.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 01.28.2013
Page 2
ATTACHMENT A
MUSSEL PRESENCElABSENCE SURVEY FOR
THE NEW LOCATION EAST isT STREET BRIDGE OVER THE WEST FORK TRINITY RIVER
CITY PROJECT NO.:
The species and location of all shells and live specimens will be documented, and
biologists may retain some sheils and a select few live specimens as vouchers. All live
specimens not retained as vouchers will be documented and immediately returned to the
river.
If state-listed threatened mussel species are encountered during presence/absence survey
activities, the survey will be immediately halted, and the City of Fort Worth will be notified
via email. Should state-listed threatened mussels be encountered during Task 2 surveys,
further coordination with the City of Fort Worth and TPWD would be necessary and
additional presence/absence surveys and relocation activities for state-listed threatened
mussels would be required prior to construction activities, in accordance with Chapters 67
and 68 (Sections 68.002, 68.015, and 65.171) of the TPWD Code; 31 Texas Administrative
Code (TAC) §65.175 & 176; and the TPWD Aquatic Resource Relocation Plan Guidelines.
These additional coordination, survey, and/or relocation activities are not included in this
scope of services and would be completed under a supplemental agreement to this scope
of services.
Safety
SCUBA techniques follow standard methods for scientific diving. Due to the potential for
contaminants in the waterway including bacteria, nutrients and pesticides, herbicides and
their degradation products, SCUBA methods will follow precautions for contaminated water
diving (USNSSC 2004, Amson 1991), including the use of drysuits, positive pressure full
face masks, gloves, and decontamination with soap and Betadine. All divers are
experienced surveyors, and equipped with line pull communication systems and tended by
safety personnel on the banks or in kayaks at all times while submerged.
2.2 — Report of Findinqs
A technical report detailing presence/absence survey activities and findings will be
prepared by Halff and submitted to the City of Fort Worth after of the completion of
fieldwork. As part of the reporting obligations associated with the Halff TPWD Scientific
Research Permit for performing surveys for state-listed threatened freshwater mussel
species, the results of this survey will be reported to TPWD with the required annual permit
report and may be incorporated into the TPWD Texas Natural Diversity Database (TxNDD).
Deliverables
• The report will include descriptive text (general project description, site
description, habitat description), survey methodology, the compiled survey data,
field notes, photographs, and associated figures/exhibit (electronic copy and up
to three (3) hard copies).
TASK 3— ASSIST WITH THE PREPARATION OF THE EPIC (REGARDING MUSSELS)
Halff will assist the City of Fort Worth as needed with the preparation of the Environmental
Permits, Issues, and Commitments (EPIC) sheet for the East 1 St Street project, specifically
relating to the new bridge over the West Fork Trinity River and the potential for impacts to
state-listed threatened mussel species. The EPIC will be completed as part of the CE
document being prepared by others for compliance with the National Environmental Policy
Act (NEPA). This task will include up to two (2) project meetings via teleconference.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 01.28.2013
Page 3
ATTACHMENT A
MUSSEL PRESENCE/ABSENCE SURVEY FOR
THE NEW LOCATION EAST iST STREET BRIDGE OVER THE WEST FORK TRINITY RIVER
CITY PROJECT NO.:
Deliverables
• Comments and/or portions of the
bridge over the West Fork Trinity
listed threatened mussel species.
EPIC sheet specifically relating to the new
River and the potential for impacts to state-
REFERENCES
Amson, J.E. 1991. Protection of divers in waters that are contaminated with chemical or
pathogens. Endersea Biomedical Research 18, 213-219.
United States Naval Sea Systems Command (USNSSC). 2004. Guidance for diving in
contaminated waters. Publication number SS521-AJ-PRO-010.
EXCLUSIONS / OTHER ITEMS NOT INCLUDED IN THE PROJECT SCOPE
� State-listed mussel species will be identified visually in the field by a TPWD
permitted mussel biologist. This scope does not include laboratory testing (i.e.,
DNA or other) for native mussel species.
• If state-listed threatened mussel species are encountered during presence/absence
survey activities, the survey will be immediately halted and the City of Ft. Worth will
be notified via email. Further coordination with the City of Ft. Worth and/or TPWD
would be necessary and additional presence/absence surveys and relocation
activities for state-listed threatened mussels OR design modifications to avoid
potential impacts to state-listed threatened mussels would likely be required prior to
construction activities. These additional coordination, survey, and/or relocation
activities are not included in this scope of services.
• Based on information provided by the City of Fort Worth, no fish relocation activities
will be necessary for the proposed project. Should fish relocation activities be
determined necessary, these activities would be conducted under a separate scope
of services.
ASSUMPTIONS
• It is assumed that locations within the project area are readily accessible and that
appropriate right of entry/access will be provided to Halff by the City of Fort Worth.
• Survey methodology for Task 2 will be designed in order to demonstrate absence of
state-listed threatened mussels within the reach of the West Fork Trinity River near
the proposed new bridge. Up to twenty-five 5 m by 5 m(25 m2) survey plots will be
surveyed via SCUBA and/or tactile searches throughout the proposed survey area.
Halff will survey as much area as possible via SCUBA and/or wadable tactile search
methodology within one 10-hour day of fieldwork.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 01.28.2013
Page 4
ATTACHMENT A
MUSSEL PRESENCE/ABSENCE SURVEY FOR
THE NEW LOCATION EAST iST STREET BRIDGE OVER THE WEST FORK TRINITY RIVER
CITY PROJECT NO.:
• It is assumed that TxDOT, the City of Fort Worth and/or the Construction Contractor
is responsible for selecting and installing the appropriate water quality BMPs for
erosion and sediment control for the proposed project.
LIMITATIONS
� The exact timing of the mussel presence/absence survey will be dependent upon
conditions within the West Fork Trinity River (i.e., flow levels, etc.), other weather-
related conditions, and other potential issues and/or concerns provided by the City
of Fort Worth and/or Halff.
• Due to the anticipated presence of various hazardous conditions within the survey
areas (i.e., channel flow rate, potential obstacles in the waterways, temperature,
etc.), surveys will be conducted only when conditions are deemed safe. Halff will
rely on the subconsultant who will be performing in-water surveys to determine if
conditions are too dangerous for in channel scuba survey efforts.
• In the event that a state-listed threatened mussel is harmed or killed during survey,
marking, relocation, or post-relocation efforts, Halff will not be held liable. Halff will
utilize best practices to minimize mortality associated with survey and relocation
efforts.
• The City of Fort Worth, TxDOT, and/or the Construction Contractor are responsible
for providing appropriately trained professionals for determining and implementing
the appropriate erosion and sediment control BMPs for the proposed project.
- INTENTIONALLY LEFT BLANK -
City of Fort Worth, Texas
Attachment A
PMO Release Date: 01.28.2013
Page 5
ATTACHMENT A
MUSSEL PRESENCE/ABSENCE SURVEY FOR
THE NEW LOCATION EAST 1ST STREET BRIDGE OVER THE WEST FORK TRINITY RIVER
CITY PROJECT NO.:
SCHEDULE OF FEES TO BE PAID TO HALFF
Basic Fee Services:
The basic fee for the services as described herein will be on a time and materials basis.
These fees include printing, direct costs and computer charges normally associated with
production of these services. Fee will be bilied monthly based on the actual completion of
the tasks.
The basis of compensation for Basic Fee services shall be as follows:
Task 1
Task 2
$ 3,720.00
$ 24,972.00
Task 3 $ 1,260.00
TOTAL
'-�l�I► �
$ 29,952.00
City of Fort Worth, Texas
Attachment A
PMO Release Date: 01.28.2013
Page 6
ATfACHMENT B
MUSSEL PRESENCE / ABSENCE SURVEY FOR
THE NEW LOCATION EAST 1ST STREET BRIDGE OVER THE WEST FORK TRINITY RIVER
CITY PROJECT NO.:
ATTACHMENT B
COMPENSATION SCHEDULE
HA�FF ASSOCIATES, INC.
TO
CITY OF FORT WORTH
FOR
MUSSEL PRESENCE/ABSENCE SURVEY FOR THE NEW LOCATION EAST isT
STREET BRIDGE OVER THE WEST FORK TRINITY RIVER
CITY PROJECT NO.: //v / `%��
1. Compensation
A. The ENGINEER shall be compensated for personnel time, non-labor
expenses, and subcontract expenses in performing services enumerated in
Attachment A as follows:
i. Personnel Time. Personnel time shall be compensated based upon
hours worked directly in performing the PROJECT multiplied by
Direct Salaries multiplied by a factor of 3.243.
Direct Salaries are the amount of wages or salaries paid ENGINEER's
employees for work directly performed on the PROJECT, exclusive of all
payroll-related taxes, payments, premiums, and benefits.
ii. Non — Labor Expenses. Non-labor expenses shall be reimbursed
as Direct Expenses at invoice or internal office cost.
Direct Salaries (non-labor) include, but are not limited to, mileage, travel and
lodging expenses, mail, supplies, printing, and reproduction services, other
direct expenses associated with delivery of the work; plus applicable sales,
use, value added, business transfer, gross, receipts, or other similar taxes.
iii. Subcontract Expenses. Subcontract expenses and outside
services shall be reimbursed at cost to ENGINEER plus a markup of
ten percent (10%)/
iv. Budgets. ENGINEER will make reasonable efforts to complete the
work within the budget and will keep the City informed of progress
toward that end so that the budget or work
ENGINEER is not obligated to incur costs beyond the indicated budgets, as may
be adjusted, nor is the City obligated to pay ENGINEER beyond these limits.
City of Fort Worth, Texas
Attachment B
PMO Release Date: 01.28.2013
Page 1
ATTACHMENT B
MUSSEL PRESENCE/ABSENCE SURVEY FOR
THE NEW LOCATION EAST 1ST STREET BRIDGE OVER THE WEST FORK TRINITY RIVER
CITY PROJECT NO.:
If ENGINEER projects, in the course of providing the necessary services, that
the PROJECT cost presented in Article 2 of this Agreement will be exceeded,
whether by change in scope of the project, increased costs or other conditions,
the ENGINEER shall immediately report such fact to the City and, if so
instructed by the City, shall suspend all work hereunder.
When any budget has been increased, ENGINEER's excess costs expended
prior to such increase will be allowable to the same extent as if such costs had
been incurred after the approved increase.
B. The ENGINEER shall be paid monthly payments as described in Section II —
Method of Payment.
II. Method of Payment
A. The Engineer shall be paid by the City based upon an invoice cerated on the
basis of statements prepared from the books and records of account of the
ENGINEEER, based on the actual hours and costs expended by the
ENGINEER in performing the work.
B. Each invoice shall be verified as to its accuracy and compliance with the
terms of this Agreement by an officer of the ENGINEER.
C. ENGINEER shall prepare and submit invoices in the format and including
content presented in Exhibit B.
D. Payment of invoices will be subject to certification by the City that such work
has been performed.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative
of the City. Monthly progress reports and schedule in the format required by
the City.
City of Fort Worth, Texas
Attachment B
PMO Release Date: 01.28.2013
Page 2
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ZARA ENVIRONMENTAL LL.0
170� W. FNI 1626
Manchaca, Tx 78652
512.291.4555
Fax: 1.866.908.9137
wravw.zaraenvironmental.Com
ATTACHMENT B - PAGE 4
BUDGET PROPOSAL PREPARED FOR:
Client:
Contract:
Address:
City/State:
Phone:
Email:
Halff Associates- First Street Bridge
Ashley Oliver
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SUBCONTRACTOR - ZARA ENVIRONMENTAL, LLC - Fee Schedule Sum
Position Summary
Position Classification
Senior Project Manager
Lead Diver
Project Manager
Permitted Scientist
Senior Biologist
Hydrogeologist
Geophysicist
Diver
Geology Technician
Taxonomy Expert
Karst Invertebrate Specialist
Karst Technician
Biology Technician
GIS Technician
Technical Editor/Writer
Administrative Clerical
Technician 4
Technician 3
Technician 2
Technician 1
Direct
rs
Direct Expenses
TOTALS
Position
Code
Sr.PM
Ldiver
PM
Psci
SrBio
HydroGeo
GeoPhy
Diver
GeoTech
TaxEx
KIS
KTech
BioTech
GISTech
TecWr
AdmCler
Tech 4
Tech 3
Tech 2
Tech 1
All Task
FY 2011
159.00
159.00
138.00
111.00
111.00
111.00
111.00
111.00
90.00
212.00
111.00
90.00
90.00
90.00
90.00
64.00
75.00
66.28
57.85
33.75
Labor Summary
All Task Total
Personnel Hours
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0
70
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All Task Total Cost
of Direct Labor
i 318.00
� 3,816.00
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> 1,776.00
� 444.00
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� 7,770.00
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256.00
120.00
14,380.00
1,817.20
16,197.20
Page 1 of 1
ATTACHMENT C
MUSSEL PRESENCE ! ABSENCE SURVEY FOR
THE NEW LOCATION EAST 1ST STREET BRIDGE OVER THE WEST FORK TRINITY RIVER
CITY PROJECT NO.:
ATTACHMENT C
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
CITY PROJECT NO.:
No changes to Standard Agreement
City of Fort Worth, Texas
Attachment C
PMO Release Date: 0128.2013
Page 1
ATTACHMENT D
MUSSEL PRESENCE/ABSENCE SURVEY FOR
THE NEW LOCATION EAST 1ST STREET BRIDGE OVER THE WEST FORK TRINITY RIVER
CITY PROJECT NO.:
ATTACHMENT D
SCHEDULE
CITY PROJECT NO.:
Engineer agrees to perform its services in a manner consistent with those performed by
similar engineers performing similar services for the City of Fort Worth and to utilize
reasonable efforts to complete its services in a timely manner consistent with the above
referenced standard of care.
City of Fort Worth, Texas
Attachment D
PMO Release Date: 01282013
Page 1
ATTACHMENT E
MUSSEL PRESENCE/ABSENCE SURVEY FOR
THE NEW LOCATION EAST 1ST STREET BRIDGE OVER THE WEST FORK TRINITY RIVER
CITY PROJECT NO.:
ATTACHMENT E
LOCATION MAP
CITY PROJECT NO.:
See information in the following pages
City of Fort Worth, Texas
Attachment E
PMO Release Date: 01.28.2013
Page 1
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