HomeMy WebLinkAboutContract 33230 CITY SECRETARY
CONTRACT NO.
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT §
THIS AGREEMENT ("Agreement")is made and entered by and between the City of Fort Worth,
Texas, a municipal corporation situated in Tarrant, Denton, and Wise Counties, Texas, hereinafter called
the "City", acting herein by and through Marc Ott, its duly authorized Assistant City Manager, and Jacobs
Facilities Inc., hereinafter called the "Architect", acting herein by and through Brad Simmons, its duly
authorized representative, for the purpose of providing architectural programming,design, and construction
phase services for a new parking structure facility("Project").
WITNESSETH:
That for and in consideration of the mutual covenants and agreements herein contained, City and Architect
do hereby covenant and agree as follows:
SECTION I SERVICES OF THE ARCHITECT
1.1 The City hereby contracts with Architect as an independent contractor, and the Architect hereby
agrees to perform, within the professional standards normally accepted in the State of Texas,
professional services in connection with the following general scope of work:
Programming, design, and construction phase services for a parking structure of 1200
spaces with retail spaces on the ground floor. The site is between Houston and
Throckmorton Streets and south of 11`s Street to a new proposed 12`s Street in Fort Worth,
Texas.
The anticipated construction budget is $17,000,000 exclusive of design or construction
contingency. The final budget will be established prior to the end of the schematic design
phase.
The City has selected Thos. S. Byrne (TSB) as the construction Consultant for the design
phase. The Architect will meet with the City and Consultant representatives during the
various stages of design until a mutually agreed upon Guaranteed Maximum Price(GMP)is
reached between the City and Consultant.
SECTION II PERSONNEL
1. The following personnel will be assigned to this Project:
1.1. City of Fort Worth
1.1.1.Project Manager: Alfonso Meza,Registered Architect
1.2. Architect
1.2.1.Principal in Charge:David White,PE
2. Neither party may change key personnel without the prior written agreement of the other party.
SECTION III CHARACTER OF ARCHITECT'S SERVICES
1. Architect shall consult with the City to clarify and define City's requirements relative to the assignments
and review available data.
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2. Architect agrees to commit the personnel to each assignment as necessary in order to complete the
assignment in an expeditious manner.
3. The Architect shall advise City as to the necessity of City's providing or obtaining additional services
and data from others required in connection with the Assignment at City's cost and expense (which
services and data Architect is not to provide hereunder but on which Architect may rely in performing
services hereunder),and act as City's representative in connection with any such services of others.
4. The Architect shall pay for the printing of contract documents required for design submittals and
presentations as a part of the reimbursable allowance.
5. The Architect shall perform services as outlined in Attachment A Scope of Work(Jacobs Facilities Inc.
letter dated November 29,2005),attached hereto and incorporated herein..
6. Architect shall apply for building permits and provide such service as may be necessary for the building
permits to be issued. The City shall pay any fees for such building permits.
SECTION IV SPECIAL SERVICES OF ARCHITECT
1. If authorized in writing by City,Architect shall furnish or obtain from others special services necessary
to complete the assignments. These services are not included as part of the Basic Services outlined in
SECTION I - SERVICES OF THE ARCHITECT and the Architect's Proposal. These special services
will be paid for by City as indicated in Section V.
SECTION V COMPENSATION TO ARCHITECT
1. The total compensation for all of the assignments to be performed by Architect as described in
CHARACTER of ARCHITECT'S SERVICES (Section III hereof) shall be $1,202,350, hereinafter
referred to as the "total fee", plus up to $30,000 in reimbursable expenses. This is a flat fee for the
scope of services described by this Agreement regardless of the amount of time taken to complete the
scope of services. The fee stated above also is based upon design of a structure with "high-end
cladding". The final decision on what level of cladding to use will be made during the schematic
design phase based on budget considerations. Should the decision be to downscale the cladding to
either the midrange or compromise level,the architectural fees will be renegotiated downward with the
fees proposed in Attachment A for"mid-range"and"compromise"cladding serving as a basic frame of
reference for fee adjustments due to a downscaled design.Paragraph 3 below addresses the requests for
additional fees based on increases in project scope.
2. Architect shall be paid on a monthly basis up to the following percentages of the total fee at the
following stages of the project:
2.1 Completion of Programming and Schematic Design 30%
2.2 Completion of Construction documents 75%
2.3 Action by City Council to accept bids 80%
2.4 Final acceptance of the Project by the City 100%
Reimbursement of allowable expenses shall not exceed $30,000 and shall be payable monthly as
allowable expenses are incurred. Allowable expenses include:
2.4.1 Printing Costs
2.4.2 Enhanced CAD drawings for public and City meetings.
2.4.3 Long distance phone calls
2.4.4 Postage and courier expenses
2.4.5 Other costs with prior approval of the City
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2.4.6 Mileage
3. If at any time in the course of the design,the City expands the scope of services,or the Architect
believes the City has requested services that are beyond the scope of this Agreement,the Architect shall
submit a proposal for additional fees and a written agreement shall be reached on said proposal prior to
the Architect proceeding with the work considered to be beyond the scope of this Agreement.
Architect shall not perform any additional services without a written agreement with City. Any services
provided prior to reaching an agreement on additional fees will be non-compensable.
SECTION VI RESPONSIBILITY FOR CONSTRUCTION COSTS
1. The Construction Budget for this Project will be determined depending on the number of parking
spaces. If the Construction Budget is exceeded by the lowest bona fide bid,the City may(1)award the
contract, (2 abandon the project and terminate this Agreement, or(3) cooperate in the reduction of the
Project Scope and features as required to stay within the Construction Budget in order to rebid the
Project. If the City decides to reduce the scope of the project and rebid, the Architect shall, without
additional fee, modify the Drawings and Specifications as necessary to stay within the Construction
Budget. In the event the City abandons the project, the City may terminate this Agreement, and the
Architect shall be entitled to 80%of the total fee plus allowable reimbursement.
2. The Architect shall inform the City in writing of the probable construction cost at the submission of
each design phase. The City shall either approve the adjustment of the Construction Budget or direct
the Architect to adjust the Project design,at no additional cost to the City, to stay within the previously
approved Construction Budget.
SECTION VII METHOD OF PAYMENT
1. The Architect shall be paid at a minimum but not more frequently than once per month on the basis of
services performed and statements prepared from the books and records of account of the Architect,
such statements to be verified as to accuracy and compliance with the terms of this Agreement by the
Principal in Charge. Payment according to statements will be subject to certification by the Director,
Transportation and Public Works Department or his duly authorized representative that such work has
been performed.
2. The above charges are on the basis of prompt payment of bills rendered and continuous progress of the
work on the Project until completion. If City fails to make any payment required herein for services
and reimbursable expenses within sixty days after approval of Architect's statement thereof,Architect
may, after giving seven days written notice to City, suspend services under this Agreement until
Architect has been paid in full all amounts due for services actually performed and reimbursable
expenses incurred.
SECTION VIII PROCEDURES FOR PROVIDING DESIGN SERVICES
1. Selection of Construction Manager at Risk(CMAR)Firm
1.1 The Architect shall assist in shortlisting,interviewing and selecting the CMAR firm.
2. Programming and Schematics Phase:
2.1 The Architect shall visit the site and make himself familiar with the scope of the Project
2.2 Prepare alternative floor and site plans, architectural concepts and principal equipment and finish
plans and area-based cost estimates.
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2.3 Architect shall not proceed to the Design Phase until the City has approved in writing the Program
Design Manual.
2.4 Participate in the selection of an artist for the project and, if deemed appropriate and mutually
acceptable to the City and the Architect, negotiate an amendment to this agreement to incorporate
the artist into the design team as a sub-consultant working under the Architect.
3. Design Phase:
3.1 The Architect shall perform all services necessary to survey, plat, prepare and vacate easements
and any other property issues necessary to complete the design and secure a construction permit.
3.2 The design shall include all site work,design and coordination of utilities, landscaping and facility
design required for a complete and functional project.
3.3 The Architect shall prepare presentation graphics using plans necessary for the design and attend
two public meetings during the design of the project.
3.4 Architect shall prepare the design in stages as follows:
3.4.1 Schematics Design Phase: Preparation of architectural and MEP floor plans, principal
elevations, civil and utility site plans, cartoon set, selection of principal equipment and finishes,
and discipline-based cost estimates. Upon written approval of this phase of the work, Architect
may proceed to the Construction Document Phase.
3.4.2 Construction Document Phase: Preparation of details, mechanical, electrical, and plumbing
plans,finishes schedules,detailed technical specifications,and detailed cost estimates.
3.5 Format of Drawings
3.5.1 Drawings at all stages of design will have the following characteristics: Scale for floor plans
will be 1/8"or such other scale as may be agreed to in writing for all disciplines,elevations will be
at same scale as floor plans,area plans will have same scale for all disciplines,and site plans for all
disciplines will be at same scale.
3.5.2 Drawings shall plot to 22x34 sheet to facilitate half-size 11x17 prints. Fonts shall be legible
at half-size.
3.6 Architect, at its sole cost and expense, shall prepare `Elimination of Architectural Barriers
Registration" and submit the applications to the Texas Department of Licensing and Regulation. The
City will pay all fees required for TDLR reviews and inspections. All designs shall be in conformance
with the Elimination of Barriers Act, State of Texas, City of Fort Worth Building Codes and the
Americans with Disabilities Accessibility Guidelines for Buildings and Facilities.
3.6.1 The Architect shall reimburse the City of Fort Worth for all costs and fees incurred in
modifying a facility in the event it is constructed in accordance with the Architect's designs and is
subsequently determined to be in non-conformance with the above Act,Codes or Guidelines.
3.6.2 The City will bear the construction costs associated with enhancements. The Architect will
reimburse the City for costs to replace or rework features that were constructed in accordance with
the design but fail to meet accessibility requirements or building codes.
3.7 The Architect shall review the CMAR's estimates for probable construction cost at the various
design stages.
3.8 The City shall acknowledge the probable construction costs and scope in writing at each stage of
design.
3.9 Upon written approval of the final design, the Architect shall make whatever final changes are
necessary and submit the drawings and technical specifications to the CMAR for use in bidding. The
design documents will include additive or deductive alternates as appropriate to help ensure that the
bidding process results in a construction cost within the City's budget.
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3.10 The Architect shall provide electronic files in PDF or DWF format for posting to the Internet.
4. Bidding:
4.1 The Architect shall respond to the CMAR's inquiries,and prepare necessary addenda.
4.2 The Architect shall coordinate printing of documents with the City.
4.3 Following receipt of the CMAR's proposed GMP pricing and bid tabs,the Architect shall evaluate
the GMP proposals,bid tabs,and subcontractors list,and make recommendations concerning the
pricing and subcontractors.
5. Construction Services:
5.1 The Architect shall assist the City by approving submittals,observing construction procedures and
results, reviewing methods and costs associated with proposed change orders, and helping to
resolve construction questions. The Architect shall not have control over or charge of and shall
not be responsible for construction means, methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the Contractor's work, since these are solely
the Contractor's responsibility under the construction contract. Notwithstanding the Architect's
review and evaluation of the Contractor's work,the Architect shall have no responsibilities for any
deficiencies in the Contractor's work or for any failure of Contractor to carry out the work in
accordance with the Contractor's contract with City.
5.2 Architect shall attend periodic job site meetings, prepare meeting notes and distribute them to all
participants and key project personnel.
5.3 At the completion of construction, the Architect shall conduct and document the final inspection
and assist the City on the resolution of construction or design deficiencies.
5.4 Architect will review contractor's pay requests.
5.5 Architect will conduct final acceptance and end of warranty inspections.
5.6 The Contractor shall provide red-lined drawings to the Architect for the Architect's preparation of
"Record Drawings"for the City's archives.
5.7 Architect will provide CAD files of all drawings suitable to use on AutoCAD LT or such other
operating system as determined by the City.
6. All designs, drawings, specifications, documents, and other work products of the Architect, 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 Architect will be at the
City's sole risk. The City shall own the final printed designs, drawings, specifications and documents.
Transfer of ownership of the contract documents does not constitute sale of the documents
SECTION IX CITY RESPONSIBILITIES
1. Provide criteria and information as to City's requirements and designate a person with authority to act
on City's behalf on all matters concerning the Project.
2. Assist Architect in obtaining existing studies, reports and other available data and services of others
pertinent to the Project and in obtaining additional reports and data as required.
3. Upon reasonable notice arrange for access to and make all provisions for Architect to enter upon public
and private property as may be required for Architect to perform services hereunder.
4. Designate in writing qualified persons who will act as City's representatives with respect to the Project
for the purposes of transmitting instructions, receiving information, interpreting and defining City's
policies and decisions with respect to Architect's services.
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5. Review all reports, recommendations and other documents and provide written decisions pertaining
thereto within a reasonable time.
6. Upon reasonable notice provide labor and safety equipment to expose structural elements, to make
temporary repairs, and to operate mechanical and electrical systems as required by the Architect in the
development of the design.
7. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by Architect, obtain advice of an attorney, insurance counselor and other architects as it
deems appropriate for such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of Architect.
8. Provide"Front End",including Division 1 requirements,for use in assembling the Project Manual.
9. Prepare easements and right-of-way acquisition conveyance documents, from description provided by
Architect, contact owners, negotiate for or condemn all easements and right-of-way,pay all filing and
legal fees associated therewith.
10. Provide such legal, accounting, insurance and other counseling services to City as may be required for
the Project.
11. Manage the advertisement and bidding of the project, issue addenda, distribute bid documents, award
contract,and execute the contracts.
12. Administer the construction of the Project.
13. Provide inspection and management services.
14. Provide contractors prepared field drawings to the Architect for review.
15. Pay all impact and utility fees and other fees not expressly assigned to the Architect. This includes fees
charged by Oncor for new or revised service.
16. Print documents for bidding and record.
17. Bear all costs incident to compliance with this Section.
SECTION X TERMINATION
1. The City may terminate this Agreement at any time for convenience or for any cause by notice in
writing to the Architect. Upon receipt of such notice, the Architect shall immediately discontinue all
services and work and the placing of all orders or the entering into contracts for supplies, assistance,
facilities and materials in connection with the performance of this Agreement and shall proceed to
cancel promptly all existing contracts insofar as they are chargeable to this Agreement.
2. If the City terminates this Agreement under the foregoing paragraph, the City shall pay the Architect
for services performed in accordance herewith prior to such termination, less such payments having
been previously made. Such payment shall be based upon the work completed up to the date of
termination of the Agreement in accordance with the method of compensation prescribed in Sections V
and VI hereof. Architect shall also be compensated for all termination-related expenses such as
meeting attendance, document reproduction, transfer of records, etc. Provided, however, Architect
shall not be entitled to any compensation that exceeds the total fee to be paid hereunder at the
applicable phase as stated in Section V.
3. Upon early termination or conclusion of this Agreement, the Architect shall provide the City
reproducible copies of all completed or partially completed engineering documents prepared under this
Agreement that shall become the property of the City and may be used by the City in any manner it
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desires. The Architect shall not be liable for the use of either partially completed engineering
documents, or completed engineering documents on any project other than the project described in this
Agreement.
SECTION XI INDEMNITY AND INSURANCE
1. Approval by the City of contract documents shall not constitute or be deemed to be a release of the
responsibility and liability of the Architect, its officers, agents, employees and Subconsultants, for the
accuracy and competency of the services performed under this Agreement, including but not limited to
surveys, location of subsurface investigations, designs, working drawings and specifications and other
Engineering documents.
2. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City
for any negligent act, error or omission in the conduct or preparation of the subsurface investigations,
surveys, designs, working drawings and specifications and other Engineering documents by the
Architect, its officers, agents, employees and Subconsultants, it being the intent of the parties that
approval by the City signifies the City's approval of only the general design concept of the
improvements to be constructed.
3. In this connection the Architect shall indemnify and hold the City and all its officers, agents, servants
and employees harmless from any loss,damage,liability or expenses,on account of damage to property
and injuries, including death,to all persons, including but not limited to officers, agents, or employees
of the Architect or Subconsultant, and all other persons performing any part of the work and
improvements, to the extent such loss, damage, or liability or expenses arise out of any negligent act,
error or omission in the performance of the Architect's professional services or in the preparation of
designs,working drawings,specifications and other documents.
4. The Architect shall defend at its own expense any suits or other proceedings brought against the City,
its officers, agents, servants and employees, or any of them on account thereof, and shall pay all
expenses and satisfy all judgments which may be incurred by or rendered against them arising out or
the indemnification; provided and except, however, that this indemnification provision shall not be
construed as requiring the Architect to indemnify or hold the City or any of its officers,agents,servants
or employees harmless from any loss, damages, liability or expense, on account of damage to property
or injuries to person caused by defects or deficiencies in design criteria and information provided to
Architect by City, or any deviation in construction from Architect's designs, working drawings,
specifications or other documents.
5. Without limiting the above indemnity, Architect shall maintain a policy of comprehensive general
liability insurance coverage with carriers acceptable to City in at least the following amounts:
Commercial General Liability $1,000,000 Per Claim
$2,000,000 Aggregate Limit
Workers Compensation
Coverage A: Statutory limits
Coverage B:Employers Liability Insurance
$100,000 Each Accident/Each Occurrence
$100,000 Disease—per each employee
$500,000 Bodily Injury/Disease—Policy Limit
Automobile Liability
$1,000,000 each accident on a combined single basis
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OR
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
Professional Liability Insurance
(Errors and Omissions) $1,000,000 Per Claim
$2,000,000 Project Aggregate
6. Architect shall furnish City a Certificate of Insurance in at least the above amounts. Certificate shall
contain a provision that such insurance cannot be canceled without 30 days prior written notice to City.
The City reserves the right to revise insurance requirements specified in this Agreement to the best
interests of the City, and City shall reimburse Architect to the extent any revision to the insurance
requirements specified in this Agreement result in increased cost to Architect.
7. General Insurance Requirements
7.1. Commercial General Liability coverage shall be endorsed to name the City an Additional Insured
thereon, with respect to the Architect's negligence. The term "City" shall include its employees,
officers,officials,agents,and volunteers as respects the contracted services.
7.2. Certificate(s) of insurance shall document that insurance coverage specified are provided under
applicable policies documented thereon.
7.3. Any failure on part of the City to request required insurance documentation shall not constitute a
waiver of the insurance requirements.
7.4. A minimum of forty-five days notice of cancellation, non-renewal or material change in coverage
shall be provided to the City. A ten days notice shall be acceptable in the event of non-payment of
premium Such terms shall be endorsed onto Architect's insurance policies. Notice shall be sent to
the Facilities Manager, Transportation and Public Works Department, 1000 Throckmorton, Fort
Worth,TX 76102.
7.5. The City shall not be responsible for the direct payment of any insurance premiums required by this
Agreement. It is understood that insurance cost is an allowable component of the Architect's general
overhead.
7.6. The City reserves the right to revise insurance requirements specified in this agreement according to
the best interests of the City, and City shall reimburse Architect to the extent any revision to the
insurance requirements specified in this Agreement result in increased costs to Architect.
7.7. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise
approved by the City; and, such insurers shall be acceptable to the City in terms of their financial
strength and solvency.
7.8. Deductible limits,or self-insured retentions,affecting insurance required herein may be acceptable to
the City at 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.
7.9. The City shall be entitled, upon its request and without incurring expense, to review the Architect's
insurance policies including endorsements thereto and, at the City's discretion,the Architect may be
required to provide proof of insurance premium payments.
7.10.All insurance, except for the Professional Liability insurance policy, shall be written on a claims
made basis.
7.11.The Professional Liability Policy shall be written on a"claims made"and shall be in effect for the
duration of this Agreement and for 12 months following Architect's issuance of the Ce
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Substantial Completion. The Architect's current insurer shall list the City as a certificate holder
for a period of ten years following the issuance of the Certificate of Substantial Completion by the
Architect. The City shall be notified at least 30 days prior to cancellation or substantial change in
coverage.
8. The City shall require its General Contractor to include the Architect as an additional insured on its
general liability insurance.
SECTION XII HAZARDOUS MATERIALS
1. City acknowledges Architect will perform part of the work at City's facilities that may contain
hazardous materials, including asbestos containing materials, or conditions, and that Architect 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, the City hereby
releases the Architect 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 containing materials is a result of Architect's negligence or if
Architect brings such hazardous substance, contaminant, or asbestos containing materials onto the
project site.
SECTION XIII RIGHT TO AUDIT
1. Architect agrees that the City shall,until the expiration of three(3)years after final payment under this
Agreement, have access to and the right to examine any directly pertinent books, documents, papers
and records of the Architect involving transactions relating to this Agreement. Architect agrees that the
City shall have access during normal working hours to all necessary Architect facilities and shall be
provided adequate and appropriate workspace in order to conduct audits in compliance with the
provisions of this section. The City shall give Architect reasonable advance notice of intended audits.
2. Architect further agrees to include in all its subcontracts 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 any directly pertinent books, documents,
papers and records of such subconsultant, involving transactions to the subcontract, and further, that
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. City shall give subconsultant reasonable advance notice of intended audits.
3. Architect and Subconsultants agree to photocopy such project-related documents as may be requested
by the City. The City agrees to reimburse Architect and Subconsultant for the costs of copies at the
rate published in the Texas Administrative Code.
SECTION XIV SUCCESSORS AND ASSIGNS
1. The City and the Architect each bind themselves,their successors and assigns,to the other party to this
Agreement and to the successors and assigns of each other party in respect to all covenants of this
Agreement.
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SECTION XV ASSIGNMENT
1. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of
the other party, and any attempted assignment, sublease or transfer of all or any part hereof without
such prior written consent shall be void.
SECTION XVI INDEPENDENT ARCHITECT
1. Architect shall perform all work and services hereunder as an independent Architect, and not as an
officer, agent, servant or employee of the City. Architect shall have exclusive control of, and the
exclusive right to control the details of the work performed hereunder, and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and
Subconsultants. Nothing herein shall be construed as creating a partnership or joint venture between
the City and the Architect, its officers, agents, employees and Subconsultants, and doctrine of
respondent superior has no application as between the City and the Architect.
SECTION XVII M/WBE GOALS
1. In accordance with City of Fort Worth Ordinance No. 15530,the City has goals for the participation of
minority and woman business enterprises in City contracts. Architect acknowledges the M/WBE goal
of 25% 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 Architect may result
in termination of this Agreement and debarment from participating in City contracts for a period of
time not less than three years.
SECTION XVIII OBSERVE AND COMPLY
1. Architect 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. Architect agrees to defend, indemnify and
hold harmless City and all 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.
SECTION XIX MISCELLANEOUS
1. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the
United States District Court for the Northern District of Texas—Fort Worth Division. This Agreement
shall be construed in accordance with the laws of the State of Texas.
2. The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised
this Agreement and that the normal rule of construction to the effect that any ambiguities are to be
resolved against the drafting party must not be employed in the interpretation of this Agreement or any
amendments or exhibits hereto.
3. This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto
shall not, in any form or manner,be considered a third party beneficiary of this Agreement. Each party
hereto shall be solely responsible for the fulfillment of its own contracts or commitments.
4. Any loss or damage, or delays in or failure of performance of Architect shall not constitute default
hereunder or give rise to any claims for damages if such loss, damage, delay or failure is caused b
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"Force Majeure". As herein used, the term "Force Majeure" means any cause which is beyond the
reasonable control of the Architect and which by the exercise of reasonable diligence the Architect is
unable to prevent.
5. The City and the Architect have discussed the roles and risks associated with the project, and have
agreed to apportion the risks such that the total aggregate liability of Architect arising out of the
performance or breach of this Agreement shall not exceed two times the total fee. Notwithstanding any
other provision of this Agreement, Architect shall have no liability to the City for contingent,
consequential, or other indirect damages including, without limitation, damages for loss of use,
revenue, or profit; operating costs and facility downtime; or other similar business interruption lossed,
however the same may be caused. The limitations and exclusions of liability set forth in this Article
shall apply regardless of the fault, breach of contract, tort (including the concurrent or sole and
exclusive negligence), strict liability or otherwise of Architect, its employees or subconsultants.
IN TESTIMONY THEREOF, the City of Fort Worth has caused this instrument to be signed in triplicate in
its name and on its behalf, by its City Manager and attested by its City Secretary, with the Corporate Seal
affixed; and the Architect has also properly executed this instrument in triplicate copies, each of which is
deemed an original.
EXECUTED IN THE CITY OF FORT WORTH,TEXAS,THIS �I day of V
A.D.,2006.
By: _ OUA&MO APPROVED:
Brad L. Simmons,FAIA
Vice President
Jacobs Facilities Inc.
By. _
Associate Principal Marc Ott
Assistant City Manager
APPROVAL RECOMMENDED: RECORDED:
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By: By:
Robert Goode,Director Marty Hendrix
Transportation and Public Works Department City Secretary
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APPROVED AS TO AND LEGALITY:
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Date
By: Date:
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Assistan A rney r ll ,af'l1 In
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ATTACHMENT A =
SCOPE OF WORK
Page 12
JACOBS
6688 North Central Expressway
Suite 400, MB 13
Dallas, Texas 75206 U.S.A.
1.214.424.7500 Fax 1.214.696.3499
November 29, 2005
Mr. Dalton Murayama,AIA
Architectural Services Manager
City of Fort Worth
319 West 10th
Fort Worth,TX 76102
RE: City of Fort Worth
Parking Structure Facility
Updated Fee Proposal
Dear Dalton:
We are pleased to submit to you our updated fee proposal for providing Architectural and
Engineering Design Services for the City of Fort Worth's Parking Structure Facility Project We
are excited about becoming your partner and look forward to providing you with exemplary service
that meets and even exceeds your expectations.
In Attachments A, B,C and D to this letter,you will find an itemized discussion of our understanding
of the project scope,our proposed delivery methods,our fee requirements, hourly rate schedule,
and a project schedule outlining our expectations relative to the design, bidding and consfixtion
phases.
We plan to utilize the design services of the Lopez Garcia Group for civil, mechanical,electrical,
plumbing and fire protection engineering as well as surveying assistance. It is also our intent to
utilize the services of Lara Consulting for architectural CAD services. As agreed, MBE services will
comprise a minimum of 25%of the overall fee for this project.
We are looking forward to beginning this project with you. If you have any questions regarding our
proposal, please do not hesitate to call.
Sincerely,
JA FACILITIES INC.
David J.White III, P.E.
Project Manager
Attachments
c: Mark Goode, PE
Brent Byers, FAIA
Central File.102
Jacobs Engineering Group Inc. ,'�
JACOBS
ATTACHMENT A
SITE/CIVIL COMPONENTS
Boundary&Topographic Survey $21,500
We plan to use the Lopez Garcia Group to provide surveying services. The proposed projeO
site is bound on the east by Houston Street,the west by Throckmorton Street,the north by 11th
Street,and the south by a new extension of 12"'Street. This task will consist of identifying the
following information:
• Boundary/property lines of the project site,
• Location of all known utilities on site as well as in the surrounding streets,
• All existing above-grade site elements,
• Existing site grading/topographic data,and
• Preparing a Revised Final Plat for the parking structure property
It is our understanding that services related to platting, abandoning, etc. related to the creation
of the new 12"'Street extension will be by others and are not included in our scope of services.
We also understand that the relocation of major utilities(and easement adjustments)that
impact this project site will be completed by others and therefore no survey services related to
defining new easements are required.
We also have not included any subsurface utility exploration(SUE)that would identify exact
plan and depth locations of existing utilities.
Geotechnical Study Provided by City
We understand that the geotechnical investigation and analysis of the project site and
associated construction recommendations will be provided by the City. We will assist the City in
preparing the scope of geotechnical services required by identifying the information needed by
our design team to complete the project. We will need this information at least four(4)weeks
prior to completion of the Schematic Phase of the project.
Traffic Signal Modifications Provided by City
There will be significant vehicular and pedestrian traffic flow and signalization impacts due to
the construction of a 1,200 Car parking structure. We understand that the City will prepare a
signal warrant study for the introduction of traffic signals at 11 m Street or 12"'Street(whichever
is selected to provide access to the parking structure)and Throckmorton and Houston. Should
this study support the addition of new traffic signals at either of these intersections,the City will
provide necessary engineering services to prepare construction documents for the introduction
of new signals as well as the coordination of these signals with the adjacent hotel construction
signal modifications.
Other Site/Miscellaneous,Studies Provided by City
We have assumed that Environmental Impact Studies and/or an Archeological Study are
not included in our services. Should the City desire our assistance with these type of
services,we would be pleased to provide the City an additional services request at that
time.
city of Fort worth
Pamng Sftmrs FadlHy
Jacobs Facilities Inc.Fee Proposal Page Al/November 29,2005
JAcoBs -
ATTACHMENT B
PARKING STRUCTURE COMPONENTS
Basic Parking Structure Scope
We propose the basic parking structure design scope to consist of a three-bay, above-grade,
ten-level parking facility located in downtown Fort Worth that is approximately 190'long by 180'
wide. The site is bound bX primary arteries on the east and west sides(Houston Street and
Throckmorton Street), 11 Street on the north side, and the new 12th Street extension to the
south. We estimate that the parking structure will house approximately 1,200 cars. Our fee
does not anticipate above or below ground pedestrian corridors connecting to adjacent
properties.
There are four primary users that will make use of the parking structure: the City of Fort Worth,
the Fort Worth Convention Center to the east of the site,Southwestern Bell Corporation to the
north, and Saint Patrick's Cathedral to the west. We also anticipate that there will be overflow
parking from the new hotel complex to the south as well as transient parkers that are patrons to
the ground floor retail. Our design will facilitate the use of this facility by all of these users.
We have assumed that the parking structure will be classified as an"open"parking structure
and therefore will not require special mechanical ventilation. Our electrical services include the
design of light,power,emergency generator,and emergency phone(Code Blue)system. Our
plumbing services include the design of sanitary,storm,foundation, and roof drainage systems
as well as Nwash-down"domestic water system and fire sprinkler/standpipe system.
We understand the City intends to create retail/restaurant space on the ground floor of the
parking structure that includes a minimum of 15,000 square feet of space,with a depth of at
least 45 feet and a height of at least 10 feet. The retail/restaurant space will be finished to a
'shell'condition only with all'finishes'being completed by the Omni Hotel. Delivery and trash
service to and from these spaces Will be investigated and provided. We interpret'shell'
condition to mean the following:
• Waterproofing(roofing)membrane and insulations over entire retail area
• Exterior enclosure and insulation of retail space(not subdivided into individual spaces)
with a rear access corridor
• No lay-in ceilings,floor, or wall finishes are provided in retail space
• Electrical panels and rough-in plumbing(water,sewer,and gas)at rear of each retail
space
• Sprinkler piping as required to satisfy shell space. Modifications may need to be made
by tenants to meet code requirements for intended use.
• HVAC units with ductwork that is'stubbed'into the each retail space. Finish supply
and return ducts will be by tenant.
• Provision of space for'black iron'kitchen exhaust duct and make-up air(actual
ductwork and make-up air units will be by tenant)
We expect that Omni Will assist in defining the probable, leasable subdivision of retail space
(and therefore the number of electrical panels,HVAC units,etc.) The type of tenant(food or dry
retail) is not defined at this time. For the purposes of this proposal,we have assumed an
approximate ratio of 70%dry retail and 30%food. Major adjustments of this ratio may affect our
fee proposal.
City of Fort Worth _
Parldng Structure Fadlity
Jacobs Fadlities Inc Fee Proposal Page B1/November 29,2005
,
..,_ ..._.,. ,_._..17
S
, 1
COBS
ATTACHMENT B
PARKING STRUCTURE COMPONENTS—CONTINUED
For the purpose of this proposal,we have developed a fee for a 1,200-car parking structure with
various levels of cladding articulation. Mid-range cladding as presented in our Conceptual -
Design Report dated January 12,2004 is defined as horizontal spandrel panels at each level
With appropriate material,texture, color,and a moderate level of articulation to complement the
surrounding context.
High-range cladding is defined as a cladding system that provides a vertical or"mass"
presentation that will"disguise"the parking structure by making it appear more like a building
than a garage. The matedal(s),texture(s),color variations and articulation would be more
consistent and similar to the context of the adjacent convention center. The cladding system
will still be designed to provide an"open"parking structure so that special sprinklers and
ventilation are not required.
A compromise solution that would have a construction cost between the mid and high range
cladding options presented might include a vertically oriented cladding system with appropriate
material,texture, color and a level of articulation that would complement the surrounding
context. This option wouldn't necessarily"disguise"the parking structure, but would tastefully
clad it so that it blends into the aesthetic fabric of the area.
Basic A/E Services for a 1,200-Car Parking Structure(Mid-Range Cladding) $989,000
Basic A/E Services for a 1,200-Car Parking Structure(High-End Cladding) $1,152,000
Basic A/E Services for a 1,200-Car Parking Structure(Compromise Cladding) $1,070,000
See Attachment D for a more detailed breakdown of these fees as well as for hourly rates by
discipline and level of experience.
We propose to provide these design services using a two-step design process consisting of an
enhanced Schematic Design Phase followed by a Construction Documents Phase. Prior to
beginning the Schematic Design Phase,we understand that the City would like for us to
participate in the short-listing, interviewing and selection of the CMAR firm.
During the Schematic Design Phase we will review and expand on the original design concept
identified in our Conceptual Design Report dated January 12,2004 and updated in June of
2005. We will collaboratively work with the City and other stakeholders to determine the desired
function and appearance that is contextually sensitive with the adjacent Convention Center,
proposed Omni Hotel,and Cathedral architecture. We anticipate four(4)collaborative
meetings during this phase to clarify user expectations,narrow down the scope and gather
feedback and'buy4n'from all stakeholders. In addition to these collaborative meetings,we also
anticipate up to 3 additional meetings to present our schematic design to the Mayor,Council
Members,and the Fort Worth'Downtown Design Review Board'.
During this phase all of the"issues'will be identified and solved. We will finalize the
ingress and egress ramp solutions; circulation patterns;parking layout; and elevator, stair
and air intake shaft locations to create a user-friendly parking structure that supports the
parking requirements of the City.
City of Fort worth
Paildng Sfrwture Fadlify
Jacobs Facilities Inc.Fee Proposal Page 82/November 29,2005
'JACOBS
ATTACHMENT B
PARKING STRUCTURE COMPONENTS—CONTINUED
The deliverable for this phase will be a Schematic Design Report that includes the following:
• Discipline specific narratives that describe all the elements and systems proposed and
how functional issues are planned to be addressed
• Schematic layout drawings for architectural, mechanical, plumbing and electrical
disciplines
• Design criteria for each discipline
• Probable construction cost estimate that validates the CMAR's estimate
• Catalog information of major equipment intended for use in the facility
The Construction Documents Phase includes the development of all necessary drawings,
specifications and calculations for the preparation of bidding documents. We will coordinate the
inclusion of the'Front End'documents that are provided by the City,and will package the final
bid documents making use of'Alternates'as required to'protect the budget.
During this phase we will assist in obtaining the proper City permits as well as the Texas
Department of Licensing and Regulation approval. We will prepare permit drawings for
submission to the City's permitting authorities and be available to address any questions that
arise during this process. We will also prepare drawings for TDLR's ADA review,complete the
application for this review,and pay for the drawing review as well as the site inspection as a part
of our services. We will provide a document review set to the City and CMAR at the 50%level
of completion(on-board review set)as well as at 95%. We will validate ourtthe CMAR's SD
cost estimate at the 95%completion level. We do not anticipate regularly scheduled meetings
during this phase, but Will meet as issues arise.
Following the two design phases will be Bidding and Basic Construction Administration Phases.
During the Bidding Phase we will attend the pre-bid meeting and bid opening, prepare addenda,
answer bidders'questions,and assist the City in evaluating the bids. We have assumed a
single construction bid package,and have not included services related to early release or
multiple construction bid packages.
Our Construction Administration services include typical A/E services such as reviewing shop
drawings,answering BFI's,evaluating pay applications,attending progress meetings, and
making site visits. We have assumed that progress meetings will be held monthly and be
attended by our construction project manager.We have also assumed 20 site visits by the
professionals involved with the design as a part of basic AIE services. At the completion of this
phase we will provide Record Drawings that are prepared from red-lined drawings provided by
the Contractor. We will also review and deliver to the City,O&M Manuals and Warranties that
are prepared and assembled by the Contractor.
We understand that the City will be hiring a Construction Manager at Risk(CMAR)for the
delivery of the construction of the project. We will work with the CMAR as an integral partner
with the City throughout the design and construction phases of the project to deliver a final
product that meets the Chys budgetary expectations and provides the best-value parkingfretail
solution.
I
Chy of Fort Worth
PaWng Structure Fm*liy
Jacobs Facilities Inc.Fee Proposal Page 133/November 29,2005
i
JACOBS
ATTACHMENT B
PARKING STRUCTURE COMPONENTS—CONTINUED
Sustainable Energy Alternatives Report $14,750
We understand that the City is interested in researching sustainable energy alternatives to
reduce operating costs for the new facility,such as utilizing energy efficient equipment or a
photo-voltaic power system. Our services related to this task include researching energy
savings possibilities and providing a report that identifies the different systemstmethods to
reduce costs,the probable construction cost associated with those systems,the expected
design fee, and the estimated associated energy savings and life cycle cost analysis. The
report will allow the City of Fort Worth to make an informed decision regarding the incorporation
of such high efficiency or innovative energy savings systems into the final design and
construction of the parking facility. We do not anticipate the design of such systems as a part of
this report.
LEED Opportunities Report $6,900
We understand the City is also interested in researching the LEED opportunities available for
the parking facility. Our experience indicates that it would be difficult for a parking structure to
attain any level of official LEED compliance,since a panting structure does not easily fit into any
current LEED evaluation format; however,we do feel there is value in researching the LEED
opportunities from a point of view of'public stewardship'and'environmental friendliness'. With
this inclination in mind,our services related to this task include researching, identifying and
evaluating the possibilities for this facility. We would create a report that provides a'checklist'of
items that could be achieved for the parking structure,and the design and construction costs
associated with those items. Our services include holding a half-day charrette with the City that
explains the LEED process and'walks'the City through the various opportunities available.
This would enable the City to make an informed decision as to what,if any, LEED features they
would like to incorporate into the parking facility.
CCN Design $8,200
The City may want to consider designing a CCN system as a part of this project even if the
system is not installed at this time. Providing this design not only allows for the necessary
rough-in conduit to be installed now rather than be retrofitted later using unsightly exposed
conduits. Our fee includes designing the complete CCN system and integrating it with an
existing monitoring system. These services will occur concurrently with the Basic A/E Services
for the parking structure.
Onsite Construction Administration Services TBD
If requested,we can provide services for extensive,full-time on-site representation during the
construction of the project and assist the City as the Owner's Representative for this project.
We would be happy to discuss this in more detail as the time arises.
Reimbursable Direct Costs $30,000
Direct costs such as postage, printing, mileage, and TDLR review fees will be in addition to the
base fee and will be Invoiced at cost not to exceed the above amount without prior approval
from the City. This amount does not include the cost of filing or obtaining building permits.
City of Fort worth
Parking Sbucture Facility i
Jacobs Facilities Ina Fee Proposal Page 64/November 29,2005
JACOBS
ATTACHMENT B
PARKING STRUCTURE COMPONENTS—CONTINUED
Assumptions and Exclusions
We have assumed that the City will perform/provide flow test information to indicate the existing
water system pressure and adequacy. We have further assumed that the existing sanitary and
storm sewer systems are capable of handling additional loads for the parking/retail facility and
that Sanitary and Storm Sewer Studies are not required.
We have also assumed that the City will not require a Community Facilities Agreement(CFA)
for this project.
City of Fort Worth
Perking structure Favi ty
Jacobs Facilities Inc.Fee Proposal Page 85/November 29,2005
�AcoBs -
ATTACHMENT C
PROJECT SCHEDULE
Based on our understanding of the scope of work,our proposed project schedule is as follows:
Construction Manager at Risk—Shortlist, Interview, &Selection—December 5, 2005
Schematic Design Phase—8-12 Weeks after Notice to Proceed
Construction Documents Phase—12-14 Weeks after City's approval of the SD package
Bidding—4-6 Weeks
Construction Administration—1416 Months
City of Fort Worth
P&Wng S6udure PadiMy
Jacobs Faclildea Inc.Fee Proposal Page Cl/November 29,2005
JACOBS
ATTACHMENT D
FEE BREAKDOWN AND HOURLY RATES
Mid-Range High-End Compromise
Cladding Cladding Cladding
Total Basic A/E Services $ 989,000 $ 1,152,000 $ 1,070,000
By Phase
Schematic Design 30% $ 296,700 $ 345,600 $ 321,000
Construction Documents 45% $ 445,050 $ 518,400 $ 481,500
Bidding 5% $ 49,450 $ 57,600 $ 53,500
Construction Administration 20% $ 197,800 $ 230,400 $ 214,000
$ 989,000 $ 1,152,000 $ 1,070,000
By Firm
Jacobs $ 741,750 $ 864,000 $ 802,500
Lopez Garcia MBE $ 180,850 $ . 180,850 $ 180,850
Lara Consulting (CAD Services) MBE_ $ 66,400 $ 107,150 $ 86,650
$ 989,000 $ 1,152,000 $ 1,070,000
MBE% 25% 25% 25%
City of Fort worth
Paddng Sftdure FadUly
Jacobs Facilities Inc.Fee Proposal Page D1/November 29,2005
i
JACOBS
ATTACHMENT D
FEE BREAKDOWN AND HOURLY RATES
(Valid November 2005—October 2006)
Labor Category Billing Rate($/hr.)
Project Management
Principal in Charge $225.00
Senior Project Manager $155.00
Project Manager $120.00
Deputy Project Manager $110.00
Architects
Design Architect $135.00
Project Architect $120.00
Architect $115.00
Specification Specialist $100.00
Landscape $100.00
Project Engineers
Senior Traffic Engineer $130.00
Senior Civil Engineer $125.00
Senior Electrical $125.00
Senior Mechanical $125.00
Senior Plumbing/Fire Protection $125.00
Senior Structural $125.00
Senior Security Engineer $125.00
EngineerslTechnicians
Civil Engineer/Technician $100.00
Traffic Engineer/Technician $105.00
Electrical EngineerrTechnician $100.00
Mechanical Engineer/Technician $100.00
Plumbing/Fire Protection Engineerrrechnician $100.00
Structural EngineerrTechnician $100.00
CADD Drafter $80.00
Estimators $125.00
Project Assistant $65.00
'After October 2006, rates W11 be increased by 4%per year.
City of Fort Worth
Parking Shudure Fadgty
Jacobs Facilities Inc.Fee Proposal Page D2/November 29,2005
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/24/2006 - Resolution No. 3307-1-2006 & Ordinance No.
16789-1-2006 & 16790-1-2006
DATE: Tuesday, January 24, 2006
LOG NAME: 20JACOBS REFERENCE NO.: C-21271
SUBJECT:
Adopt Appropriation Ordinances and Reimbursement Resolution, and Authorize Consultant
Agreement with Jacobs Facilities Inc., for the Design and Construction Administration of a New
Downtown Parking Garage
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing appropriations in the Culture and Tourism Fund
by $1,325,000 and decreasing the unreserved, undesignated fund balance by the same amount;
2. Authorize the transfer of $1,325,000 from the Culture and Tourism Fund to the Specially Funded
Capital Projects Fund;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Specially Funded Capital Projects Fund by $1,325,000 from available funds;
4. Adopt the attached reimbursement resolution noting that the City expects to issue bonds for the
purpose of paying the costs of the project; and
5. Authorize a consultant agreement with Jacobs Facilities Inc., in the amount of $1,232,250 for the
design and construction administration of a new downtown parking garage
DISCUSSION:
On July 14, 2005, a Request for Qualifications was issued soliciting consultant services for the design of a
new downtown parking garage. On August 11, 2005, eight design firms/joint ventures submitted
qualifications packages. The staff consultant selection committee ranked the eight firms/joint ventures and
subsequently interviewed the top four candidate firms/joint ventures. Jacobs Facilities Inc., emerged from
the selection process as the top ranked candidate.
A fee proposal was requested from Jacobs Facilities Inc., and negotiations resulted in a fee agreement of
$1,232,250. In addition to the cost of the architectural agreement, $92,750 is included in the appropriations
recommended by this M&C to cover other design related expenses (e.g. city staff project management
charges and geo-technical engineering).
Jacob's Facilities Inc., is in compliance with the City's M/WBE ordinance by committing to 26% MNVBE
participation. The City's M/WBE goal for this agreement is 25%.
The reimbursement resolution is required under tax law to allow the City to reimburse itself from bond
proceeds at some future date for all costs incurred on the project prior to the issuance of tax-exempt bonds.
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 3/1/2006
Page 2 of 2
The new garage will be physically located in COUNCIL DISTRICT 9, but will serve Fort Worth residents in
all Council Districts.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
appropriation ordinances, funds will be available, in the current capital budget, as appropriated, of the
Specially Funded Capital Projects Fund. The unreserved, designated fund balance of the Culture and
Tourism Fund will be $16,788,251.63 after this appropriation.
TO Fund/Account/Centers FROM Fund/Account/Centers
1) GG04 538070 0240400 $1,325,000.00 2.) GG04 538070 0240400 $1,325,000.00
31 C291 472004 301070013630 $1,325,000.00 0291 531200 301070013630 $1,232,250.00
31 $40,000.00
C291 511060 301070013630
31 $52,750.00
C291 531060 301070013630
31 $1,232,250.00
C291 531200 301070013630
Submitted for City Manager's Office by- Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Greg Simmons (7862)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 3/1/2006